Consumer complaint received 2026-02-12 00:00:00
Product: Debt collection — Mortgage debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Shellpoint Partners, LLC
State: PA

Complaint narrative:
Pennsylvania Rules of Civil Procedure XXXX - Foreclosure Complaint Requirements Foreclosure complaints must identify the owner or holder of the note and state when the alleged debt became delinquent. Omitting these essential allegations or providing false information renders the complaint legally insufficient. 
Wrongful Use of Civil Proceedings Common Law Tort - Wrongful Use of Civil Proceedings Pennsylvania recognizes this tort when plaintiffs file claims without good reason and with malicious intent. Elements include : Filing without proper standing or authority Lack of good faith basis for the claim Malicious or spiteful intent Resulting harm to the defendant This tort is particularly relevant when lenders file foreclosure without proper ownership documentation or with knowledge of chain-of-title defects. 
Federal Law Violations with State Court Remedies RESPA Violations ( XXXX U.S.C. XXXX ) While federal, RESPA violations can be raised as defenses in Pennsylvania state court foreclosure proceedings. Providing false information in response to Qualified Written Requests or misrepresenting loan ownership violates RESPA and can support dismissal motions. 
FDCPA Violations ( XXXX U.S.C. XXXX et seq. ) Federal debt collection violations can be raised in state court and provide both defensive and offensive remedies, including statutory damages up to {$1000.00} plus attorney fees. 
Practical Applications Ive sent several QWR and request for information to Shellpoint/newrez mortgage servicing with no explanation. These are specific to determining if they have legal title to collect the debt. I am within my rights to request the following : XXXX. The original promissory note ( or certified copy ) XXXX. All assignments of mortgage XXXX. Complete payment history XXXX. All correspondence regarding the loan XXXX. Proof of ownership of the debt XXXX. All servicing records Dear Sir or Madam, This correspondence is a Qualified Written Request, Notice of Error, and Request for Information under the Real Estate Settlement Procedures Act ( RESPA ), XXXX U.S.C. XXXX ( XXXX ), and its implementing Regulation XXXX, XXXX C.F.R. XXXX. 

In addition, Shellpoint has caused, or is seeking, a judgment in mortgage foreclosure and a Writ of Execution and Sheriffs Sale in the XXXX XXXX XXXX XXXX XXXX XXXX based on these disputed figures. Pennsylvania dueprocess principles and case law, including XXXX XXXX Bank XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX XXXX ), prohibit unilateral increases in the amounts sought in a writ of execution beyond the lawful judgment amount. 

Accordingly, I contend that Shellpoint has committed servicing errors within the meaning of XXXX C.F.R. XXXX ( b ), including but not limited to : Failing to properly apply or honor the XX/XX/XXXX Payment Deferral Agreement, resulting in an inaccurate principal balance ; Imposing improper or unreasonable fees, inspection charges, and foreclosure costs not authorized by the note, mortgage, or governing law ; Providing inaccurate payoff, reinstatement, and escrow information ; and Initiating or pursuing foreclosure and execution based on inaccurate amounts. 

Pursuant to XXXX C.F.R. XXXX and XXXX, please investigate these errors and provide a written response within the regulatory time periods that : Confirms or corrects the principal balance, interest, and escrow amounts as of the date of the XXXX XXXX XXXX and as of today ; b. Provides a complete lifeofloan transactional history, showing the date, amount, and application ( principal, interest, escrow, fees, suspense ) of every charge and payment ; XXXX Identifies and itemizes all fees, costs, corporate advances, and other charges ( including legal, inspection, XXXX, property preservation, attorneys fees and costs ) assessed since XX/XX/XXXX, stating the contractual or statutory basis for each ; XXXX Explains including any capitalization of interest or fees, and how the {$92000.00} interestbearing principal balance was adjusted after any subsequent payments ; XXXX Provides copies of all assignments of the mortgage and note, any limited power of attorney authorizing Shellpoint to act as servicer, and any pooling and servicing agreement or investor guidelines governing this loan ; and XXXX XXXX Provides copies of any notices of default, acceleration, Act 6/Act 91 notices, and any affidavits, certifications, or payoff figures submitted to the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX with any foreclosure complaint, judgment, or writ of execution. 

Please treat this letter as a request for immediate cessation of any foreclosure, execution, or sheriffs sale activity until these errors are fully investigated and corrected. See XXXX C.F.R. XXXX ( g ) ( prohibiting moving for judgment or conducting a sale in certain circumstances while lossmitigation or errorresolution is pending ). 

If you conclude that no error occurred, your written response must explain the basis for that conclusion and provide the documents relied upon. Failure to reasonably investigate and correct servicing errors, or to provide the requested information, may subject Shellpoint to liability under XXXX U.S.C. XXXX ( f ), as well as under XXXX XXXX XXXX XXXX and Consumer Protection XXXX, XXXX P.S. XXXX et seq., and other applicable statutes.

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