Consumer complaint received 2025-12-14 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Loan sold or transferred to another company
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: HI

Complaint narrative:
SUBJECT : NEW EVIDENCE proves XXXX provided false statements to the CFPB regarding Loan Servicing and Note Possession. 
I am filing this new complaint because I have obtained new official documentary evidence in XX/XX/XXXX that proves The Bank of New York Mellon ( XXXX ) provided false and misleading information to the CFPB in their previous responses ( XXXX XXXXXXXX ). XXXX is using a non-existent " XXXX XXXX '' relationship to evade liability while simultaneously committing fraud on the state court regarding the possession of my Promissory Note. 
1. False Statement to CFPB regarding " Master Servicer '' Authority In response to my previous CFPB complaints, XXXX stated three times ( most recently XX/XX/XXXX ) that : " The Loan [ is ] serviced by XXXX XXXX XXXXXXXX, XXXX. ( the XXXX XXXX ' ) ... XXXX XXXX as the trustee... but does not service or have the authority to service the XXXX '',,. 
However, I received a formal response from XXXX XXXX  XXXX XXXX XXXX ) dated XX/XX/XXXX, which directly contradicts XXXX claim : XXXX Statement : " We transferred this loan on XX/XX/XXXX, to a new servicer... XXXX XXXX XXXX XXXX '' and explicitly states they are " unable to provide current investor information '' because of this service release. 
The Contradiction : XXXX told the CFPB in XXXX that XXXX is the " XXXX XXXX '' with authority. XXXX states they released all servicing rights 13 years ago in XXXX. XXXX knowingly directed me to a bank that has no authority over my loan to avoid answering my questions. 
XXXX. Fraud regarding " Physical Possession '' of the Note ( The " Smoking XXXX '' ) XXXX obtained a foreclosure judgment in Hawaii ( XX/XX/XXXX ) by claiming to be the " Holder '' of my original Promissory Note. To be a " Holder, '' XXXX must have physical possession of the wet-ink Note. 
New Evidence : The XXXX letter dated XX/XX/XXXX, confirms that : " Our research confirms that the collateral file, along with the original Note, is currently held with ... XXXX XXXX DBA Shellpoint Mortgage Servicing as of XX/XX/XXXX ''. 
The Fraud : If XXXX has held the physical Note in a vault in South Carolina since XX/XX/XXXX, it is physically impossible for XXXX or their attorneys to have " held '' the Note during the Hawaii trial in XXXX. This confirms XXXX committed XXXX on the XXXX and lacked standing to foreclose. 
XXXX. XXXX XXXX XXXX XXXX XXXX Bankruptcy XXXX XXXX claims to have owned this loan since the XXXX was formed in XXXX. However, federal court records and IRS transcripts prove XXXX has been an " invisible '' entity until foreclosure started. 
XXXX Bankruptcy ( Case XXXX ) : On XX/XX/XXXX, the " Entry of Appearance '' was filed by BAC Home Loans Servicing, XXXX as the Creditor,. XXXX was not listed. 
XXXX Bankruptcy ( Case XXXX ) : The " Verification of Creditor Matrix '' lists Shellpoint Mortgage Serv, not BNYM or BOA,. 
IRS Tax Transcripts ( XXXX ) : The " Lender/Recipient '' of payments is listed as Select Portfolio Servicing and later Shellpoint,. XXXX never appears as the lender in 15 years of federal tax records. 
XXXX. Evidence of Robo-Signing/Fabricated Notary Journal The Assignment of Mortgage ( XX/XX/XXXX ) used to transfer rights to XXXX is fraudulent. 
The XXXX : XXXX XXXX XXXX admitted via email on XX/XX/XXXX, that her journal for that date was " accidentally destroyed in XXXX '',. 
The Official Record : The XXXX XXXX Clerk, and CA XXXX of XXXX, confirmed in XXXX XXXX that there is " NO record '' of her journal ever being surrendered, lost, or destroyed. This suggests the notarization was fabricated ( Robo-signed ). 
Conclusion : XXXX is playing a " shell game. '' They told the CFPB that XXXX is in charge. XXXX says they left in XXXX. Tax records show XXXX is the lender. Meanwhile, XXXX foreclosed on my home claiming to hold a Note that XXXX confirms is actually sitting in a XXXX vault in South Carolina. I request the CFPB investigate these conflicting statements immediately. 

Essential Attachments : Exhibit A : XXXX XXXX dated XX/XX/XXXX ( Response to my Request from BOA.pdf ) XXXX. Page XXXX : " We transferred this loan on XX/XX/XXXX, to a new servicer... XXXX XXXX XXXX XXXX '' XXXX. Page XXXX : " Our research confirms that the collateral file, along with the original Note, is currently held with ... XXXX XXXX DBA Shellpoint ... as of XX/XX/XXXX. '' Exhibit B : Evidence of False Statement to CFPB XXXX 's Response to CFPB dated XX/XX/XXXX ( XXXX 's XXXX responses to XXXX ) XXXX. Page XXXX : " The XXXX [ is ] serviced by Bank XXXX XXXX, XXXX. ( the XXXX XXXX ' )... 
Exhibit C : IRS XXXX XXXX XXXX XXXX 's Role Wage & Income Transcripts ( XXXX, XXXX, XXXX, XXXX ) XXXX. XXXX : " Recipient/Lender : SELE PORT XXXX XXXX XXXX XXXX ) '' XXXX. XXXX : " XXXX : XXXX LL XXXX XXXX XXXX XXXX ( Shellpoint ) '' XXXX. XXXX : XXXX is XXXX. 
Exhibit D : Proof of " Invisible Plaintiff '' in Federal Court XXXX Entry of Appearance & XXXX Creditor Matrix XXXX. XXXX : " Entry of Appearance ... filed by BAC Home Loans Servicing, LP claiming to be the 'Creditor ' ''. 
XXXX. XXXX : " Verification of Creditor Matrix ... SHELLPOINT MORTGAGE SERV ''. ( NO BNYM ) Exhibit XXXX : Evidence of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Record XXXX. XXXX XXXX Email : " my notary journal was inadvertently shredded in XXXX ''. 
XXXX. XXXX XXXX Email : " we have NO record of XXXX XXXX surrendering any of her notary journals ''.

Company response to consumer: Closed with explanation