Consumer complaint received 2025-02-08 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Shellpoint Partners, LLC
State: CT

Complaint narrative:
1, loan date : XX/XX/XXXX 2. Original lender : XXXX XXXX XXXX XXXX XXXX. 
Deposit the promissory note and never issued the receipt and consideration. 
3. loan was sold to the XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX. 
4. XXXX XXXX XXXX XXXX filed the foreclosure action on XX/XX/XXXX at the same time of loan modification in progress. 
5. XXXX XXXX XXXX XXXX sold the loan to XXXX XXXX XXXX dba XXXX XXXX on XX/XX/XXXX. 
6.XXXX XXXX XXXX dba XXXX XXXX sold the loan to XXXX XXXX XXXX XXXX XXXX , NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX on XX/XX/XXXX and Shellpoint became the servicer. 
7. XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX sent a letter that they are not the institution pursue the litigation in foreclosure. 
8. Shellpoint sent a letter that the owner is the one in action for foreclosure. 
9. The borrowers and complaint filer found recent discovery that the Truth In Lending Statement was falsely represented to the borrowers. It was understated finance charge by more than {$100.00}. APR charge overstated by more than XXXX. I already filed complaint to Federal Reserve Board. This make the contract is void. 
10. The financial institutions used XXXX program with XXXX form to borrow the credit for the borrower on behalf from Federal Reserve Board , but we do know where are the deposit account. 
11. All financial Institutions must have FDIC protection program, but not filing the claim. 
12. This was Consumer credit transaction.

13. MORTGAGE WAS NEVER EXISTED.

14. DEBT NEVER DEFAULT. IT WAS PAID IN FULL AT THE CLOSING. 
15.THE BORROWERS SIGNED THE PROMISSORY NOTE. THAT WAS PLEDGED COLLATERAL FOR THE LOAN BY XXXX XXXX. 

Date : XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX To : XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX Attention : XXXX XXXX XXXX ; natural capacity as doing business as Senior Executive Vice President and General Counsel ADDRESS : XXXX XXXX XXXX, XXXX, XXXX XXXX Subject : Formal Request for Validation of Debt and opportunity to cure Dear XXXX XXXX XXXX ; natural capacity as doing business as Senior Executive Vice President and General Counsel, This letter serves as formal notice and demand to cure multiple alleged violations related to the wrongful foreclosure of our property at XXXX XXXX XXXX, XXXX, XXXX. The foreclosure actions initiated on XX/XX/XXXX by XXXX XXXX XXXX, XXXX with dual tracking middle of loan modification and subsequently substituted by XXXX XXXX dba XXXX XXXX and Newrez LLC dba XXXX XXXX XXXX, and the owner of the loan is XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX ( As current Plaintiff of foreclosure case in the superior court at XXXX XXXX XXXX XXXX at XXXX in XXXX  ) constitute potential violations of federal law, as detailed below : Federal Violations 1. Tax Evasion or Financial Improprieties ( 26 U.S.C. 7201 ) : o Alleged failure to properly account for proceeds from the foreclosure sale.

2. Securities and Mortgage Fraud ( 18 U.S.C. 1348 ) : o False representations regarding loan ownership, securitization ( MBS ), and authority to foreclose.

3. Racketeering Influenced and Corrupt Organizations Act ( RICO ) : o Pattern of racketeering activities including fraudulent foreclosure processes and unlawful removal of personal property.

4. Truth in Lending Act ( 15 U.S.C. 1601 ) : o Failure to provide required disclosures and misrepresentation of loan terms.

5. Violations of Office of the Comptroller of the Currency ( OCC ) Regulations : o Non-compliance with federal servicing standards and improper loan modifications.

6. Securities Exchange Act of 1934 ( 15 U.S.C. 78j ) : o Failure to disclose material information regarding loan securitization.

7. Trust Indenture Act of 1939 : o Improper administration of trust agreements governing securitized loans. 
________________________________________ Demand for Immediate Action To remedy these violations, I demand the following actions within 10 business days of receiving this notice : 1. Reversal of Foreclosure and Loan Reinstatement : o Rescind the foreclosure sale and restore possession of the property.

2. Full Accounting : o Provide a complete and transparent accounting of all transactions related to the loan, including payments received, disbursements made, and securitization details.

3. Cease and Desist : o Immediately halt any further foreclosure actions or collection efforts until this matter is resolved.

4. Compliance Audit : o Submit an independent audit of Shellpoint 's servicing records to demonstrate compliance with tax and securities laws from the loan 's inception on XX/XX/XXXX. 
________________________________________ Notice of Intent to Pursue Legal Remedies Failure to address these issues will result in the following actions : 1. Filing a federal lawsuit for damages and injunctive relief.

2. Requesting an IRS audit of XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXXs financial records and tax filings. 
3. Reporting violations to the OCC, SEC, and Consumer Financial Protection Bureau ( CFPB ). 
4. Pursuing remedies under RICO, including treble damages and attorney fees. 
________________________________________ Formal Request for Validation of Debt Under the Fair Debt Collection Practices Act ( FDCPA ) and related laws, I request : 1. Proof of Authority to Collect : o Documentation of your legal authority to collect this debt.

2. Proof of Authority to Report : o Evidence supporting the accuracy and legality of any credit reporting under the Fair Credit Reporting Act ( FCRA ).

3. Promissory Note Compliance : o Documentation verifying compliance with securities regulations if the promissory note constitutes an unregistered security.

4. Securitization Details : o All documents related to the loan 's securitization, including pooling and servicing agreements and SEC filings.

5. Organized crime : The attorneys and their firm testifying and filing fraudulent documents without filing Limited attorney appearance as hearsay on the record and ignoring our request of power of attorney document on the record.

None of financial institutions come to the court to testify and produce fraudulent assignments and affidavit of debt do not exist according to Borrower-in Custody Requirement for Federal Reserve Borad . The promissory note with wet ink signature was collateral with the loan application with OC-10 form of Operational Circular 10.

Ignoring all the facts with laws we provided in the superior court case, but even the court of record also dishonored the Truth In Lending Act and Federal Reserve Act due to in only apply to Federal matters.

________________________________________ This letter is not a waiver of any rights or remedies we may have under federal or state law. All rights are expressly reserved. Please direct all correspondence to the address provided above.

Thank you for your immediate attention to this matter. We look forward to your prompt response within the required time frame of 7business days due to Foreclosure sale on XX/XX/XXXX. 
Sincerely, complaint filer This Complaint will be mailed to : 1. Attorney General of State of Connecticut 2. Office of Comptroller of Currency 3. Federal Trade Commission 4. Consumer Protection Bureau 5. DOJ and FBI via US Trustee 6. Federal Court filing after 11 days of receipt of this letter. 
Complaint Details Entity Complained About : XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX Complaint Type : Unlawful Debt Collection Practices Nature of Complaint : Fraudulent Debt Contract and Violation of the Racketeer Influenced and Corrupt Organizations ( RICO ) Act Summary of Allegations I am filing this complaint against XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX for engaging in unlawful debt collection practices that violate federal law, including the RICO statute. XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX knowingly participated in a scheme involving fraudulent debt instruments, resulting in the seizure and schedule to auction of my home on XXXX, XXXX. These actions constitute a deliberate and egregious violation of my rights as a consumer and federal statutes. 
Specific Allegations 1. Fraudulent Debt Instruments XXXX BXXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX has sought to collect a debt based on contracts I allege are fraudulent. These contracts rely on banking practices designed to impose unpayable obligations, thereby creating a predictable cycle of default. 
2. Unlawful Auction of Our Home In XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX will be participated in the forced auction of our primary home through XXXX XXXX, XXXX. This will occur despite our documented objections and evidence submitted to the courts challenging the validity of the underlying debt. 
3. Knowledge of Fraudulent Activity We provided XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX with substantial evidence contesting the debts legitimacy, including affidavits and detailed correspondence. Despite this, they continued their collection efforts, demonstrating willful participation in a fraudulent scheme. 
4. Denying of foreclosure by the owner of the loan with securitization of the promissory note and the servicer is responsible for foreclosure. 
The owner of the loan of XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX sent us a letter said they did not have an authority to foreclose the loan, the servicer is. But the servicer said the owner of the loan is the trustee who is the one foreclose the loan. The attorneys who represent the financial institutions do not file the Power of Attorney on the record. Who is the one who has the authority to foreclose the loan? The Judge on the case ordered to foreclose the loan and foreclosure sale even though we challenged his jurisdiction, Truth in Landing Act and Federal Debt Collection Practice Act. He did not give us due process of law. 
5. Violation of RICO Statute XXXX XXXX XXXX  XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX TRUSTs actions constitute the collection of unlawful debt under 18 U.S.C. 1962 ( c ).

o The institutions persistent attempts to enforce a fraudulent contract reflect a pattern of racketeering activity, meeting the legal definition under the RICO Act. 
o These actions, in coordination with other entities such as the XXXX XXXX government, reveal a concerted effort to profit from illicit financial practices. 

Why the Debt Collection is Unlawful XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX TRUSTs debt collection efforts are unlawful for the following reasons : 1. Fabricated Loan and Lack of Lawful Consideration XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX has refused to provide proof of lawful consideration for the loan upon request. Without this proof, it is reasonable to conclude that the alleged loan was fabricated on their balance sheet, meaning no real funds were ever extended to me. As a result, XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX can not demonstrate that they suffered any actual loss and therefore have no legal standing to pursue debt collection or seek a remedy through this process. 
2. Fraudulent and Predatory Practices The underlying debt is predicated on usurious banking practices that guarantee default, rendering the debt fraudulent and unenforceable. 
3. Disregard for Evidence and Federal Law Despite being provided with clear evidence of the debts invalidity, XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX persisted in its collection efforts, violating federal protections against predatory lending and unfair debt collection practices. 
4. Violation of the RICO Statute By continuing to enforce an illegitimate obligation despite awareness of its fraudulent nature, XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX and engaged in actions prohibited under RICO. This includes the unlawful seizure of property and collusion with other entities to profit from the fraudulent scheme. 
Relevant Penalties Under RICO Under the RICO Act, individuals or organizations found guilty of racketeering activities face severe penalties, including : A maximum of 20 years in prison for those involved. 
Fines up to {$250000.00} or double the amount of the proceeds derived from the criminal activity. 
Enhanced sentences in cases of severe or ongoing violations. 
These penalties underscore the gravity of XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXXs actions and highlight the urgent need for enforcement. 
Documentation of Evidence I can provide the following evidence upon request : 1. Correspondence with XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX disputing the debt. 
2. Court-filed affidavits challenging the debts validity. 
3. Records of XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXXs involvement in the scheduled auction of our primary home. 
4. Documentation submitted to the Consumer Financial Protection Bureau and other agencies regarding this matter. 
Relief Requested I request the following actions from the CFPB : 1. An immediate investigation into XXXX XXXX XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXXs debt collection practices, with particular focus on potential violations of federal law, including the RICO statute.

2. Suspension of all further collection efforts by scheduled relating to this debt until the investigation concludes. 
3. Full restitution for the damages caused by the unlawful seizure and auction of our home. 

Urgency of the Complaint The harm caused by XXXX XXXX  XXXX XXXX XXXX, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR XXXX XXXX XXXX continued participation in this scheme is severe, culminating in the loss of our primary home. This matter requires immediate attention to prevent further violations of our rights and to hold the institution accountable under the law. 
Thank you for your prompt attention to this serious matter. I am available to provide additional information or evidence upon request and can be reached at complaint filer

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