Consumer complaint received 2024-03-11 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Escrow, taxes, or insurance
Company: Shellpoint Partners, LLC
State: MD

Complaint narrative:
Complaint is about mortgage servicers, Shellpoint Mortgage Servicing ( SMS ) of CA and XXXX XXXX XXXX XXXX ( XXXX ) of NY who have an ongoing fraudulent history of financial reporting of my real estate escrow account for the last 4 years since XXXX. The Ability to Repay ( ATR ) section of Dodds Frank Act requires mortgage servicers keep their paperwork for 3 years, and if I do the simple math, this is the second set of 3 years, yet SMS and BONY are still manipulating financial reporting. Ive filed numerous complaints with Maryland, CFPB, XXXX, and FTC and none of them did anything on ATR. 
On XX/XX/XXXX, I received a letter from SMS, XXXX XXXX XXXX, XXXX, CA XXXX, sent to my home address, See Ex 1. As a P & C licensee of CA, NY, MD, VA, DC and 7 other states, Im now dragged into CA and NY with this ongoing financial reporting escrow and tax fraud drama and delayed identity theft reporting in another calendar and tax year. Enough is enough. 
As of today, my principal balance financially reported by SMS to IRS for XXXX tax year {$760000.00}, while real estate tax has been reported for the past four years fraudulently to IRS. Now I am seeing a Taxpayers Act, See Ex 2, from a mortgagor addressing a Taxpayer with no mention of IRS or an IRS Form number on this generic no letterhead form from SMS with Rev. XX/XX/XXXX date. SMS with XXXX admitted in writing in XX/XX/XXXX, they submitted fraudulent financial reporting documents to MD OAG Consumer Division when they submitted corrections in my escrow account. Servicers and noteholders, including SMS and BONY, informed me of an XX/XX/XXXX, identity theft occurring XX/XX/XXXX, of my name, tax information, and XXXX, while they were playing games with CFPB and MD regarding the financial report of the escrow fraud beginning in XXXX. Since this notification of the ID theft, I now must obtain an annual IRS XXXX. 
The following self-explanatory exhibits will further highlight the ongoing SMS and BONY issues while I am a current P & C licensee in CA and NY. I have included Maryland XXXX XXXX which show from the date of recording I have been with XXXX XXXX XXXX ( BOA ) until about XX/XX/XXXX, See Ex 3. For the record, I was the P & C insurance agent for MERS in Virginia, See Ex 4. 
SMS a mortgage servicer with its noteholders have falsely and knowingly committed mortgage escrow fraud, when over {$13000.00} was collected in XXXX for my real estate escrow, with the XXXX real estate tax due was about {$10000.00}. SMS only disbursed {$5100.00} in XXXX ; in XXXX they disbursed about {$15000.00} in three increments for a real estate tax bill due in XXXX for about {$10000.00} while reporting to IRS tax disbursement of {$10000.00} in XXXX. 
I had a complaint when none of the servicers were taking my payment in XX/XX/XXXX, which I filed a Qualified Written Request to XXXXY, SMS and XXXX and received response dated XX/XX/XXXX, See Ex 5. Also, I started the first complaint to MD in early XXXX about the tax levy notice issued by XXXX XXXX XXXX MD against my home with the concern about the escrow fraud being reported to IRS for calendar year XXXX. When I notified SMS, BONY and XXXX, it took 75 days, XX/XX/XXXX, See XXXX XXXX, for a check to be issued to XXXX. SMS and XXXX never informed me about their failure to disburse real estate tax from my escrow. On the XX/XX/XXXX, letter date, my escrow account had more than enough funds from XXXX for this payment, but no mention in QWR response. 
The escrow fraud exacerbated when SMS and XXXX claim they reported to IRS a corrected IRS Form XXXX for tax year XXXX in XXXX ; and continued for XXXX and XXXX tax year and XXXX. The other exhibits are self-explanatory and show that MD XXXX XXXX directed me to forward complaint to the OCC and ends with intervention from the MD XXXX to obtain the documents that I requested with a MD XXXX request. 
XXXX and the servicers bombarded me with XXXX packages from attorneys to my home which XXXX admitted in a CFPB and FTC complaint that it was their attorneys.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation