Consumer complaint received 2025-10-20 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Shellpoint Partners, LLC
State: CA

Complaint narrative:
I am filing this complaint against Shellpoint Mortgage Servicing ( NewRez LLC ) regarding my mortgage on the property at XXXX XXXX XXXX XXXX XXXX, XXXX, CA XXXX ( Loan XXXX XXXXXXXX ). I believe Shellpoint lacks legal authority to service my loan or initiate foreclosure, and they have violated federal and state laws including RESPA, FDCPA, and California 's Homeowner Bill of Rights ( HBOR ). I request an immediate investigation into their standing, proof of chain of title, and a halt to all foreclosure activities pending resolution.

Key Issues : Lack of Legal Authority to Foreclose : Shellpoint claims to service the loan on behalf of XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ) as trustee for XXXX, XXXX, Asset-Backed Certificates, Series XXXX ( per their XX/XX/XXXX, letter ). However, the XXXX assignment to this XXXX trust is XXXX XXXX XXXX because it occurred years after the trust 's closing date ( typically 90 days post-issuance per the Pooling and Servicing Agreement ). Under California law ( XXXXXXXX XXXX XXXX XXXXXXXX ), void assignments mean no standing to foreclose. The original Deed of Trust also failed to name a trustee as required by XXXX. Code XXXX, rendering subsequent actions ( Substitution of Trustee, Notice of Default, Notices of Trustee 's Sale by Peak Foreclosure ) invalid. Shellpoint has refused to provide proof of valid ownership despite multiple requests.

Dual Tracking Violations : Shellpoint advanced foreclosure while my complete loan modification application was under review, violating HBOR ( Civ. Code 2923.6 ) and RESPA ( 12 C.F.R. 1024.41 ). I submitted QWRs and mod packages on XX/XX/XXXX, and XX/XX/XXXX ( among others ), with acknowledgments of review. Yet, they denied the XXXX on XX/XX/XXXX, citing exhaustion of options, while scheduling sales ( originally XX/XX/XXXX, with short postponements ). Emails from attorney XXXX XXXX XXXX confirm denials amid active appeals, and they provided only XXXX delays instead of the required XXXX days. 
Failure to Respond to QWRs and Validate Debt : Over XXXX certified QWRs sent since XXXX requesting debt validation, ownership proof, and accounting went unanswered or inadequately addressed, violating RESPA ( 12 U.S.C. 2605 ) and FDCPA ( 15 U.S.C. 1692g ). Shellpoint continues using outdated names ( XXXX instead of XXXX, legally changed XXXX years ago ) despite notifications, suggesting fraudulent practices. 
Misrepresentations and Harm : Shellpoint falsely claimed my conventional loan has mod limits like FHA loans ( per emails ). This has caused severe emotional distress, financial strain ( property valued at XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), and risk of wrongful eviction. Both my husband and I have bankruptcy discharges ( XXXX ) eliminating personal liability, yet they pursue foreclosure without valid standing. 

I have filed a lawsuit in XXXX XXXX XXXX ( Case # XXXX, XX/XX/XXXX ) for declaratory relief, cancellation of instruments, slander of title, HBOR violations, UCL ( 17200 ), intentional infliction of emotional distress, and accounting. Shellpoint 's actions are unfair and deceptive.

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