Consumer complaint received 2025-10-24 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 urgent complaint against Shellpoint Mortgage Servicing for repeated violations of federal and state consumer protection laws, including the Real Estate Settlement Procedures Act ( RESPA, 12 U.S.C. 2605 ) and California 's Homeowner Bill of Rights ( HBOR, Cal. Civ. Code 2923.6 et seq. ). Shellpoint 's stonewallingthrough their attorney, XXXX XXXX XXXX of XXXX XXXX prevented me from obtaining basic confirmation of a loan modification package review, while a foreclosure sale on my primary residence is fast approaching on XX/XX/XXXX. This non-responsiveness is beyond the pale, exacerbating my financial distress and risking wrongful foreclosure on a property with over {$2.00} XXXX in equity. I have substantial evidence of these violations, including an extensive email chain attached here, and I request immediate CFPB intervention to halt the sale and enforce compliance.

Detailed Timeline and Violations : Submission of Complete Loan Modification Package : On XX/XX/XXXX, my authorized advocate, XXXX  XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX, contact : XXXX ), submitted a complete loan modification application on my behalf to Shellpoint. This package included all required financial documentation, as confirmed by XXXX. Under RESPA 1024.41 ( b ) and HBOR 2923.6, Shellpoint must acknowledge receipt within 5 business days and review the application without proceeding to foreclosure ( prohibiting " dual-tracking '' ). Despite this, Shellpoint has failed to confirm receipt or status, triggering automatic protections against the XX/XX/XXXX, sale date. 
Unanswered Qualified Written Requests ( QWRs ) and Inquiries : Since XX/XX/XXXX, I have sent multiple QWRs under RESPA 1024.36 demanding servicing information, including payment history audits, chain of title, Pooling and Servicing Agreement ( PSA ) for the CWMB 2007-HY7 Trust, error corrections for inflated arrears ( ~ {$180000.00} disputed ), and foreclosure authority documents. Shellpoint has not acknowledged or responded substantively within the required timelines ( 5 days for acknowledgment, 30 days for response, extendable to 45 ). This violates RESPA, exposing them to statutory damages of up to {$2000.00} per violation plus actual damages ( 12 U.S.C. 2605 ( f ) ). Attached emails from XX/XX/XXXX, show my detailed QWR demands, which Shellpoint 's attorney dismissed as " improper discovery requests, '' ignoring RESPA 's broad scope ( see CFPB guidance and Poindexter v. Mercedes-Benz Credit Corp. , 792 F.3d 406 ( 4th Cir. 2015 ) ).

SPOC and Communication Failures : HBOR 2923.7 requires a responsive Single Point of Contact ( SPOC ) for foreclosure prevention. On XX/XX/XXXX, I called Shellpoint to speak with a supervisor about the modification package. The supervisor refused to discuss it and referred me to their attorney, XXXX XXXX, claiming they could not assist due to litigation. XXXX XXXX has repeatedly refused to comment or provide updates ( see attached emails dated XX/XX/XXXX, at XXXX XXXX  and XXXX XXXX  ). This referral loop constitutes a SPOC violation, as Shellpoint must provide effective assistance regardless of attorney involvement. Prior interactions with SPOC XXXX XXXX were unprofessional and non-responsive, further violating RESPA 1024.40 and HBOR.

Dual-Tracking and Foreclosure Threats : With an active modification review pending, Shellpoint 's refusal to postpone the XX/XX/XXXX, sale violates HBOR 2923.6 's dual-tracking ban and recent California laws like AB 130 ( effective XX/XX/XXXX, restricting high-equity foreclosures ) and SB 1079 ( updated for bidder rights ). Shellpoint claims prior postponements, but the sale was only delayed once ( from XX/XX/XXXX to XX/XX/XXXX ). Their attorney states " further applications without material change don't trigger HBOR, '' but my XX/XX/XXXX package demonstrates changed circumstances, including updated financials. This risks wrongful foreclosure under Yvanova v. New Century Mortgage Corp. ( 62 Cal. 4th 919, 2016 ), potentially leading to treble damages under Cal. Civ. Code 2924.12.

Ownership and Standing Issues : Shellpoint claims ownership by XXXX XXXX XXXX XXXX ( XXXX ) as trustee for the CWMB 2007-HY7 Trust, but XXXX has denied ownership in writing, directing me to XXXX XXXX XXXX ( which disclaimed involvement since XXXX ). The XXXX assignment appears invalid under the trust 's PSA ( 90-day closing window ), nullifying foreclosure authority. Shellpoint has ignored QWR demands for proof, violating RESPA and raising FDCPA 1692g debt validation issues.

Pattern of Non-Compliance : Shellpoint has responded to prior CFPB/DFPI complaints but ignores new ones. Their attorney labels my lawful inquiries as " harassment '' and demands I cease contact, while including Shellpoint in email chains. This defensive posture suggests underlying compliance issues, as noted in cases like Lucioni v. Bank of America, N.A. ( 3 Cal. App. 5th 150, 2016 ) for HBOR injunctive relief.

Impact on Me : These violations have caused severe emotional distress, financial harm ( e.g., disputed arrears accruing interest ), and the imminent threat of losing my home of over 15 years. With $ XXXX equity, wrongful foreclosure could result in massive damages. I am involved in litigation ( Case XXXX ), but this does not suspend RESPA/HBOR obligations.

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