Consumer complaint received 2026-01-12 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Trying to communicate with the company to fix an issue while managing or servicing your loan
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: HI

Complaint narrative:
This complaint is being submitted after ten prior CFPB complaints regarding the same mortgage loan and trustee, The Bank of New York Mellon ( BNY Mellon ), in which my case has been closed each time solely because the company responded, even though the responses did not answer the specific questions presented and did not resolve who actually has servicing authority or recordpreservation responsibility for my loan. 
In each prior complaint, BNY Mellon sent essentially the same template letter : it states that BNY Mellon acts as the trustee for the XXXX XXXX Loan Trust XXXX, that it does not service or have the authority to service the Loan, and that XXXX  XXXX XXXX, XXXX. ( XXXX  ) is the Master Servicer and is the party required to service the Loan, sometimes adding that XXXX XXXX  Servicing has been engaged by the Master Servicer to service the loan. 
After this template letter is uploaded, the CFPB portal shows my complaint as closed with explanation, even though the explanation does not address my numbered questions, does not identify a single accountable decisionmaker, and leaves me unable to obtain accurate servicing information. 
However, XXXX itself has now stated in writing ( letter dated XX/XX/XXXX ) that it transferred my loan to a new servicer on XX/XX/XXXX and that it does not currently service the loan or have ongoing servicing authority. 
In practice, all borrowerfacing communications ( statements, notices, collection, and foreclosurerelated contacts ) have been handled by XXXX XXXX  XXXX, which acknowledges my Requests for Information but has not provided complete, recordbased answers. This means that BNY Mellons repeated identification of XXXX  as the Master Servicer required to service the Loan is inconsistent with XXXX own written statement and with the daytoday servicing reality, and it creates a servicing void where no party accepts clear responsibility. 
My most recent complaint, CFPB XXXX XXXX. XXXX, illustrates the problem. In that complaint I did not ask CFPB to relitigate the foreclosure or to investigate a crime ; instead, I asked for a specific, accountable response regarding ( 1 ) record preservation for a XXXX Assignment of Mortgage that BNY Mellon relied on ; ( 2 ) identification of the entity with authority to answer documentationintegrity questions ; and ( 3 ) whether any collateral or custody records exist beyond the face of the Assignment. I attached evidence that the California notary ( XXXX XXXX ) admitted in writing that her notary journal containing the XX/XX/XXXX entry was destroyed in XXXX and can not be produced, and that she never filed the required destruction notice with the Secretary of State. I also attached the XXXX Verification by the servicing agent ( XXXX XXXX ), who stated under oath that she was unable to confirm or deny whether thirdparty notarized documents such as this Assignment were properly notarized. 

In response to this detailed complaint, BNY Mellon again sent essentially the same template letter : it stated that XXXX is the Master Servicer and the party who is required to service the Loan, that BNY Mellon does not service or have servicing authority, and that questions should be directed to XXXX Office of the CEO and President or to XXXX datamanagement email address. 
The response did not answer any of the numbered questions in my complaint about record preservation, did not identify any specific person or department with authority to certify collateral records, and did not state whether any records exist beyond the face of the XXXX Assignment. 
Despite this, the CFPB portal again treated the matter as resolved and closed the case once a company response was logged. 
Meanwhile, because no entity will clearly accept responsibility or provide accurate servicing information, I have been trapped in a ghost servicer runaround : BNY Mellon disclaims servicing authority and points to XXXX  as Master Servicer ; XXXX  disclaims current servicing authority and points elsewhere ; Shellpoint acts as the daytoday servicer but does not provide the chainofcustody and documentation answers I have repeatedly requested. 
During this period of confusion, my home has been subject to enforcement actions based on disputed and, in some cases, stale documents, including three attempts in XXXX to serve an expired writ of possession, which caused severe stress and XXXX XXXX XXXX XXXX XXXXXXXX, XXXX, and XXXX. 

Requested CFPB Action In this new complaint, I respectfully request that the Bureau not simply close the case upon receipt of another template letter, but instead take the following specific actions : Review the pattern of nonresponsive answers. 
Please review whether BNY Mellons repeated template lettersrestating only that XXXX is the Master Servicer and that BNY Mellon has no servicing authority, without answering the specific numbered questionssatisfy the Bureaus expectations for a company response in the complaint process. 
Require clear identification of the current accountable servicer/authority. 
Please require BNY Mellon, XXXX, and XXXX to state, in plain language, which single entity currently has legal authority to : ( a ) respond to Requests for Information and Notices of Error for this loan ; ( b ) correct documentationintegrity issues ( including the XXXX Assignment and related records ) ; and ( c ) make lossmitigation and enforcement decisions affecting my home. 

Require a recordpreservation and evidence statement. 
Please direct the responsible entities to state whether any records exist beyond the face of the XX/XX/XXXX Assignment, such as collateralfile intake logs, boarding or collateralcustody logs, or documenttransmittal history, and to confirm whether those records are preserved and available for review in light of the notarys admitted destruction of her journal. 
Escalate within CFPB rather than automatically closing.

Company response to consumer: Closed with explanation