Consumer complaint received 2026-04-08 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: NJ

Complaint narrative:
.CFPB REBUTTAL RESPONSE TO SHELLPOINT SERVICING Consumer : XXXX XXXX Servicer XXXX XXXX Mortgage Servicing Loan : XXXX XXXX ( claimed ) Property : XXXX XXXX XXXX XXXX XXXX XXXX NJ XXXX XXXX Response Is NonResponsive and Avoids the Core Issues Raised XXXX did not address the specific concerns in my complaint. My dispute was not about loan status or payment history. My complaint was about : A wrong and incomplete assignment submitted to federal court No valid assignment to XXXX at any time Two conflicting promissory notes with inconsistent signatures Robostamped endorsements and missing dates A Limited Power of Attorney recorded AFTER my bankruptcy dismissal A broken chain of title Documents submitted in federal court that do not match my original closing documents XXXX response does not address or explain any of these issues. II. XXXX Incorrectly Claims They Can not Comment on Litigation XXXX states : We are unable to comment on issues which occurred during litigation. This is not accurate. The documents XXXX submitted in federal bankruptcy court are the same documents I am disputing. XXXX is responsible for the accuracy and authenticity of documents it files or relies upon in any forum. If XXXX can not comment on the documents they used in court, then they can not justify : The wrong assignment with a different borrower and address The incomplete recording page The XXXX conflicting promissory notes The signature discrepancies The lack of authority at the time of my Chapter XXXX dismissal This is an evasion, not a response. III. XXXX Admits to Providing a Corrected Assignment XXXX enclosed : An original assignment A corrected assignment A corrected assignment is an admission that the original assignment was defective. Additionally : The corrected assignment was recorded years after the trust closed in XXXX The corrected assignment was recorded after my Chapter XXXX dismissal A corrected assignment can not retroactively create standing This confirms my complaint : XXXX did not have a valid assignment or authority at the time they submitted documents to federal court. IV. XXXX Claim That XXXX XXXX Owns the Loan Is Unsupported XXXXt states that the owner is XXXX XXXX, but they did not provide : Any proof the trust ever received my loan Any Mortgage Loan Schedule Any evidence of a valid transfer before the trust closed Any evidence that Countrywide transferred the loan before it ceased to exist Bare statements are not evidence. V. XXXX Identity Theft Affidavit Request Is Improper XXXX states : If your client believes the signatures were forged, she must complete the identity theft affidavit. This is incorrect. My complaint is about : Robostamped endorsements Missing dates Two different versions of the note Signatures that do not match my original closing documents Document irregularities and inconsistencies These are document defects, not identity theft. I am not claiming someone stole my identity. I am disputing the authenticity and accuracy of the documents XXXX submitted. VI. XXXX Misrepresents the Bankruptcy History and Avoids the Core Issue XXXX states : The loan is involved in a Chapter XXXX bankruptcy. This statement is misleading because it ignores the context and the issues raised in my complaint. 1. I filed Chapter XXXX only AFTER XXXX XXXX XXXX dismissals caused by XXXX defective documents. My Chapter XXXX cases were dismissed because XXXX submitted : A wrong assignment with a different borrower An incomplete recording page XXXX conflicting promissory notes Signatures that do not match my original closing documents No valid assignment to XXXX at the time A Limited Power of Attorney recorded after the dismissal These defects prevented the court from evaluating my case properly. 2. My Chapter XXXX filing was a last resort caused by XXXX document irregularities. I did not file Chapter XXXX because XXXX had a valid claim. I filed XXXX XXXX because XXXX defective documents blocked in Chapter XXXX. * * 3. XXXX response avoids the central issue : They still can not produce a valid chain of title or a valid assignment. * * Their reference to Chapter XXXX does not resolve : The wrong assignment The corrected assignment The conflicting notes The signature discrepancies The lack of authority during the Chapter XXXX The postdismissal Limited Power XXXX Attorney XXXX response is incomplete and avoids the substance of my complaint.Today XXXX have no assignments on my mortgage they submit to the Federal Court wrong assignment with a different, borrower, name and address including incomplete recording page that belong to different borrower. My chapter XXXX was dismissed without proper documentation. XXXX never had original promissory note or assignment .. XXXX submitted a Limited Power of Attorney to XXXX which was recorded XXXX XXXX after the dismissal which had nothing to do with my mortgage. Promissory note submitted by XXXX to Federal court both had discrepancies one with robo-stamp and the other without. Both had signature that looks like my signature but very different from my closing documents signatures and my original promissory note. this was my compalint this was XXXX answerCompany 's Response We are writing in response to a dispute that your client filed with the Consumer Financial Protection Bureau ( CFPB ) with regard to the servicing of the above-referenced mortgage loan. We understand that by filing a dispute with the CFPB, your client has authorized us to upload a copy of our response to the CFPB website. We further understand that your client is requesting the CFPB to assist with the loan status. XXXX records indicate that the loan is involved in a Chapter XXXX bankruptcy. Therefore, XXXXt is not attempting to collect the debt. However, XXXX will continue to service the loan according to the original agreement and protect the creditors rights in the associated property. Our records indicate you are representing the homeowner in their Chapter XXXX bankruptcy. As such, we are responding to you. Please forward our response to your client. As of the date of this communication, the principal balance is {$470000.00}. Please note, this amount does not include any interest, fees, debits, credits that may have accrued to date. Because interest, payments, credits, fees, and/or other permissible charges can continue to cause the loan balance to vary from day to day, your client should contact us at XXXX to determine the exact balance. Per your clients request, please review the following loan information : 1. The current owner of this loan is XXXX XXXX and their address is : Mailing Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX 2. This loan originated with XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX. 3. The term of the loan is XXXX months. 4. The original amount of the principal obligation under the mortgage was : {$470000.00}. 5. The escrow balance on the loan ( if applicable ) is currently : - {$290000.00}. 6. The current interest rate is : 7.875 %. 7. Payments are to be made on the XXXX of each month, beginning XX/XX/XXXX, plus any remaining amount due on the maturity date of XX/XX/XXXX. 8. The date of last full payment was : XX/XX/XXXX. 9. As of the date of this letter, the loan is due for the payment due XX/XX/XXXX. We are unable to comment on issues which occurred during litigation as this is outside of the scope of servicing requests. The lien will be released when the is paid in full and any title or assignment issues will be resolved at that time. Additionally, we are unable to comment on the dismissal of the Chapter XXXX bankruptcy as we were not a party to that action. We are enclosing the original Assignment of Mortgage along with the corrected Assignment which transferred the loan to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE XXXX, XXXX, ASSET-BACKED CERTIFICATES, SERIES XXXX in c/o XXXX XXXX XXXX XXXX. As your client has requested proof of our right to enforce the terms of the loan, we are enclosing the following documents : Copy of the Note Copy of the Mortgage Notice of Servicing Transfer Payment History Copies of the Assignments of Mortgage If your client believes that the signatures on the loan origination documents in our system were forged, she will need to complete and return the enclosed identity theft affidavit along with all required documents so that we can review the matter further. 1. XXXX Did NOT Address the Core Issues I Raised about my complaint was about : Wrong assignment ( wrong borrower, wrong address, wrong loan amount ) No valid assignment to XXXX No authority at the time of bankruptcy dismissal XXXX conflicting promissory notes Signature inconsistencies Limited POA recorded AFTER dismissal Broken chain of title Use of false documents in federal court XXXX response did not address ANY of these. Instead, they : Shifted the conversation to loan status Claimed they can not comment on litigation Claimed they can not comment on the dismissal ( tactic servicers use to avoid addressing document fraud ) This is a nonresponsive answer, and in legal terms, it is evasive. XXXX. XXXX Admitted Something Critical They wrote : We are unable to comment on issues which occurred during litigation as this is outside the scope of servicing requests. This is an admission that : They will not defend the defective assignment They will not defend the wrong documents submitted to federal court They will not defend the promissory note discrepancies They will not defend their lack of authority at the time of dismissal If they can not comment on litigation, they can not justify the documents they used to dismiss your Chapter XXXX. That means the dismissal was based on unverified, unproven, and defective documents. XXXX. Their Corrected Assignment Is a Red Flag They enclosed : Original Assignment Corrected Assignment This is extremely important. A corrected assignment = the original assignment was defective. And : A corrected assignment recorded AFTER dismissal can not retroactively give them standing. Standing must exist at the time of filing. XXXX had no authority during your Chapter XXXX The dismissal was based on void documents The foreclosure is based on void documents The chain of title is broken 4. Their Claim That XXXX XXXX Owns the Loan Is Unsupported They state : The current owner of this loan is XXXX XXXX. But they did NOT provide : Mortgage Loan Schedule Custodial certification Any proof the trust ever received your loan Any proof the note was transferred into the trust before the XXXX closing date This is a bare assertion, not evidence. The trust closed in XXXX Assignments after XXXX are void Countrywide ceased to exist XXXX XXXX XXXX never assigned to XXXX XXXX assignments reference the wrong property This is a fatal chainoftitle defect. 5. Their Identity Theft Affidavit Request Is a Tactic They wrote : If your client believes the signatures were forged, she must complete the identity theft affidavit. This is a stalling tactic use when : They can not authenticate the note They can not explain signature discrepancies They can not produce the original note They know the endorsements are robostamped You do not need to fill out an identity theft affidavit to challenge : Robosigning Missing dates Conflicting versions of the note Inconsistent signatures Chainoftitle defects Those are legal defects, not identity theft. A mistake, or A misrepresentation Either way, it shows : 7. Their Statement That Title Issues Will Be Resolved When Paid in Full Is Legally Wrong They wrote : The lien will be released when the loan is paid in full and any title or assignment issues will be resolved at that time. This is false. Title defects must be resolved before : Foreclosure Bankruptcy dismissal Enforcement of the note Enforcement of the mortgage A servicer can not say : Pay us first, then well fix the chain of title. That is not how property law works. .

Company response to consumer: Closed with explanation