Consumer complaint received 2024-10-28 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Paying off the loan
Company: Shellpoint Partners, LLC
State: MD

Complaint narrative:
I am filing this complaint with deep urgency, as I am a XXXX XXXX patient with limited time, battling health and financial hardships. For the past XXXX  months and XXXX weeks, I have been attempting to sell my home, only to be blindsided by a fraudulent second mortgage claim made by XXXX XXXX XXXX XXXX ( XXXX XXXX ), Specialized Loan Servicing ( SLS ) & XXXX MI. These companies has asserted that I signed a second mortgage when I bought my home in XXXX, but for the past 19 years, I have never made a single payment, nor was I ever informed of the existence of this second mortgage until the week of closing the sale of my home. I strongly believe that this mortgage claim is fraudulent, based on XXXX XXXX XXXX SLS well-documented history of deceptive practices. ** I am requesting an immediate and thorough investigation into the practices of XXXX XXXX XXXX XXXX, SLS XXXX XXXX MI as this situation has caused me immense emotional, financial, and health-related harm. I have tried all avenues of communication with the mortgage company, but they either refuse to answer my questions or hang up the phone rudely. Given the severe circumstances, this fraudulent second mortgage claim must be resolved, as it is delaying the sale of my home and exacerbating my financial distress. I have also contacted XXXX XXXX  & demand proof of debt validity as well they rudely hang just as the others. 

Key Facts of My Case : Attempt to Sell My Home : A few months ago, I began the process of selling my home, which I have owned since XXXX. During the week of my scheduled closing, a second mortgage claim from XXXX XXXX was suddenly brought to my attention, stating that I had signed a second mortgage at the time of purchase. 
No Prior Communication or Payment Request : In XXXX  years, I have never been contacted about this alleged second mortgage by XXXX XXXX, nor have they attempted to collect any payments. I was completely unaware of its existence until I attempted to sell my home. 
Suspicious Timing and Lack of Communication : When I reached out to XXXX  XXXX for an explanation of why they never attempted to collect payments or inform me of this mortgage, their representatives either avoided answering or hung up the phone on multiple occasions. 
Fraudulent Practices : Based on my own research, I have discovered that XXXX XXXX XXXX XXXX has been involved in numerous lawsuits for similar fraudulent actions, where second mortgages were taken out without the homeowners full knowledge or understanding. 

Legal Precedents Supporting My Case : XXXX XXXX has a documented history of engaging in fraudulent mortgage practices. Below are cases that illustrate their pattern of misconduct : XXXX v. XXXX XXXX XXXX. XXXX ( XXXX ) : This case exposed XXXX XXXX use of fraudulent brokers and deceptive mortgage terms that were hidden from homeowners. 
XXXX v. XXXX XXXX XXXX. XXXX : A case involving deceptive practices, wherein XXXX XXXX misled borrowers about loan terms. 
XXXX et al. v. XXXX XXXX XXXX XXXX : This class-action lawsuit revealed the companys involvement in predatory lending, particularly targeting vulnerable homeowners. 
XXXX XXXX XXXX XXXX XXXX XXXX : Another case that highlighted fraudulent mortgage practices, with XXXX XXXX being a key player in exploiting uninformed borrowers. 
These cases demonstrate that XXXX XXXX practices align with what I have experienced, further indicating potential fraud. 

The second company I am filing a complaint on is Specialized Loan Servicing ( SLS ), As they are trying to claim a interest in my property as well. My family & I have also done research on SLS as well as they have a history of engaging in fraudulent mortgage practices & faced several lawsuits and regulatory scrutiny, especially for allegations related to mortgage servicing practices & debt collection methods. We have discovered this claim through channels like the CFPB and Other Regulatory Actions such as some state attorneys general have fined and sanctioned SLS over the years for practices considered deceptive or improper in mortgage servicing, Class Action Lawsuits. SLS has also faced multiple class-action lawsuits claiming misconduct in mortgage servicing many cases cite issues like unauthorized fees, improper charges, wrongful foreclosures, and communication lapses. These cases demonstrate SLSs history of fraud & what there trying to do to me & my family as well.

These are just a few of the Legal precedents supporting my case : 1. Consumer Financial Protection Bureau ( CFPB ) Settlement ( XXXX ) Summary : The CFPB investigated SLS for violations of the Real Estate Settlement Procedures Act ( RESPA ) and Regulation X. The investigation revealed that SLS improperly foreclosed on borrowers who were entitled to protection and failed to provide necessary evaluation notices. 
Outcome : SLS agreed to a settlement of {$1.00} XXXX, which included restitution to affected borrowers and a civil penalty 2. Quinn v. Specialized Loan Servicing, LLC ( XXXX ) Summary : Plaintiffs alleged that SLS violated the Fair Debt Collection Practices Act ( FDCPA ) by leaving misleading door hangers at their residence, suggesting legal action was imminent if a debt was not paid.

Outcome : The court denied SLS 's motion to dismiss, allowing the case to proceed, indicating that the allegations, if proven, could constitute a violation of the FDCPA 3. Gordon v. Specialized Loan Servicing LLC ( XXXX ) Summary : The plaintiff claimed that SLS violated the FDCPA by attempting to collect a debt that was not owed and by using deceptive means.

Outcome : The court found that the plaintiff had stated a plausible claim for relief under the FDCPA, allowing the ca
se to move forward 4. Forbes v. Specialized Loan Servicing, LLC ( XXXX ) Summary : The plaintiff alleged that SLS engaged in unlawful debt collection practices by attempting to collect a debt that had been discharged in bankruptcy.

Outcome : The court held that SLS 's actions could constitute a violation of the FDCPA, permitting the lawsuit to proceed 5. Jones v. Specialized Loan Servicing, LLC ( 2023 ) Summary : The plaintiff accused SLS of violating the Maryland Mortgage Fraud Protection Act by misrepresenting the amount owed and attempting to collect unauthorized fees.

Outcome : The court denied SLS 's motion to dismiss, indicating that the allegations were sufficient to state a claim under the Act 6. Class Action Lawsuit for Unlawful Mortgage Assessment ( XXXX ) Summary : A class action lawsuit was filed against SLS, alleging the unlawful assessment and attempted collection of amounts on second mortgages that had been previously charged off.

Outcome : The case alleges that SLS 's actions violated consumer protection laws ; proceedings are ongoing 7. Alvarez v. NewRez LLC ( 2024 ) Summary : The plaintiff alleges that SLS, which merged into Shellpoint Mortgage Servicing, unlawfully collected payment processing fees from borrowers who made mortgage payments by phone, violating state debt collection laws.

Outcome : The lawsuit contends that these " pay-to-pay '' fees were not authorized by borrowers ' mortgage agreements, and the case is currently pending 8. Class Action Settlement - Mortgage Misrepresentation ( 2008-2010 ) Jurisdiction : Multiple states ( California, Illinois, New York ) Summary : In a multi-state class action, SLS was accused of misrepresenting mortgage loan terms, improper debt collection, and engaging in mortgage servicing practices that allegedly misled borrowers.

Outcome : The settlement required SLS to reimburse borrowers and implement corrective practices. This case highlighted systemic issues in SLSs mortgage servicing and debt collection, including adding charges not stipulated in the loan agreements.

Impact on My Life : This situation has caused extreme financial hardship, health-related stress, and family turmoil. I have been battling XXXX throughout this XXXX ordeal, and the stress of this fraudulent second mortgage claim has only worsened my condition. My family has also suffered as a result of this situation, and we are under significant financial strain due to the inability to sell my home. 

Violations : I believe XXXX XXXX XXXX XXXX & SLS are in violation of multiple laws, including but not limited to : Truth in Lending Act ( TILA ) Failure to properly disclose the existence of a second mortgage.

Real Estate Settlement Procedures Act ( RESPA ) Failure to provide clear information about mortgage terms and payment obligations. 
Fair Debt Collection Practices Act ( FDCPA ) Engaging in deceptive and unfair debt collection practices.

State Consumer Protection Laws Unfair and deceptive business practices as outlined by state consumer protection statutes.

Fair Credit Reporting Act ( FCRA ) -Violation : If the mortgage company improperly reported the second mortgage on your credit report or allowed inaccurate information to remain on your report, they could be in violation of the FCRA . This act mandates that all information provided to credit reporting agencies is accurate and verifiable. 
XXXX XXXX  Fraud This mortgage was obtained during the subprime mortgage crisis of XXXX, and I believe I am a victim of fraudulent practices tied to that period. 
State Mortgage Fraud Statutes Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) Home Ownership and Equity Protection Act ( HOEPA ) Gramm-Leach-Billey Act ( GLBA ) Fraud Misrepresentation ( Common Law Fraud ) RICO Act Statute of Limitations for Debt Collection Contract Law ( Breach of Contract ) Additional Actions : State Attorney General : I will also be filing a formal complaint with the State Attorney General to further investigate this company for potential violations of state law and fraudulent practices.

HUD Complaint : I am considering filing a complaint with the U.S. Department of Housing and Urban Development ( HUD ), as the mortgage companys behavior may violate fair lending practices. 
Quiet Title ( Law Suit ) FTC complaint Request for Immediate Action : In light of these facts, I am requesting that the CFPB, State Attorney General, and FTC take immediate action to : Open a formal investigation into XXXX XXXX XXXX XXXX SLS & XXXX MI for fraudulent practices related to undisclosed second mortgages. 
Investigate the validity of the second mortgage and determine if it was legally and properly disclosed to me as the homeowner. 
Provide me with relief, including the potential cancellation or nullification of the second mortgage, which was never brought to my attention until XXXX  years later. 
XXXX XXXX XXXX & SLS accountable for its history of deceptive and predatory mortgage practices, as demonstrated by the cases cited above. 
Legal Remedies Conclusion : I am a XXXX XXXX patient with limited time and this situation is causing severe harm to my family and me. I ask for your help in holding XXXX XXXX, SLS XXXX XXXX MI accountable for their deceptive actions and fraudulent mortgage practices. Given the urgency of my health and financial condition, I implore you to prioritize this investigation and help resolve this matter as swiftly as possible, Please do not hesitate to contact me for any additional information you need for my case. 
Thank you for your time and attention to this critical issue. I trust in your authority to pursue justice in this case.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation