Consumer complaint received 2024-12-26 00:00:00
Product: Mortgage — Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process — Trying to communicate with the company to fix an issue while managing or servicing your loan
Company: Shellpoint Partners, LLC
State: OR

Complaint narrative:
Subject : Complaint Regarding Foreclosure Threat and Violations of the XXXX Mortgage Servicing Act Dear Consumer Financial Protection Bureau, I am writing to formally file a complaint against my mortgage servicer for what I believe to be improper handling of a loan that was resolved in bankruptcy in XXXX. Their actions, including a violation of the XXXX Mortgage Servicing Act, have caused significant financial and emotional distress, ultimately forcing me into bankruptcy again in XXXX to save my home. 

Details of the Complaint XXXX. Bankruptcy XXXX in XXXX : In XXXX, I filed for bankruptcy, and my attorney assured me that the loan in question was no longer my responsibility to pay. It was my understanding that the debt had been XXXX or otherwise resolved through the bankruptcy proceedings. 
2. No Communication for 15 Years : From XXXX until XXXX, I received no statements, notices, or any form of communication regarding this debt. For more than a decade, I reasonably believed the matter was resolved and the debt was no longer enforceable. 
XXXX. Violation of the XXXX Mortgage Servicing Act : The XXXX Mortgage Servicing Act requires mortgage servicers to send periodic statements to borrowers, even for loans discharged in bankruptcy, to ensure borrowers are informed about the status of their loans. The servicer failed to send me any statements or notices during this XXXX -year period. This lack of communication deprived me of the opportunity to monitor the loan or address any issues, ultimately resulting in an inflated mortgage balance that I am now being forced to pay. 
XXXX. Foreclosure Threat in XXXX : In XXXX, I received a letter of intent to foreclose on the loan, which came as a complete shock given my understanding that the debt had been resolved in XXXX. This was the first communication I had received regarding this loan in over a decade. 
XXXX. Unjust Financial Burden : Since XXXX, I have been required to pay a significantly inflated amounttriple the original debtto avoid foreclosure. The lack of periodic statements, in violation of the Mortgage Servicing Act, allowed the debt to balloon without my knowledge, creating a severe and unjust financial burden. 
XXXX. Forced into Bankruptcy in XXXX : As a result of these actions, I was left with no other option but to file for bankruptcy again in XXXX to protect my home. This additional bankruptcy has caused further financial and emotional strain and could have been avoided if the servicer had complied with the XXXX Mortgage Servicing Act. 

Concerns and Requests The servicers actions appear to violate several federal consumer protection laws, including the XXXX Mortgage Servicing Act and potentially the Fair Debt Collection Practices Act ( FDCPA ). I respectfully request the CFPB to investigate the following : Whether the servicer violated the XXXX Mortgage Servicing Act by failing to provide periodic statements or communication for 15 years. 
Whether the foreclosure threat and subsequent collection efforts are improper, given the debt was resolved in my XXXX bankruptcy. 
The legality and fairness of the inflated balance and payment demands. 
Whether additional penalties or remedies should be applied to prevent similar harm to other consumers. 

Supporting Documentation I have attached the following documents for your review : A copy of my XXXX bankruptcy discharge paperwork. 
The XXXX foreclosure notice. 
Records of payments made since XXXX. 
Copy of Mortgage Statement for Loan Information Conclusion The servicers actions have caused extreme financial and emotional distress, forcing me into a second bankruptcy and threatening my home. I believe these actions are not only unjust but also in violation of federal laws designed to protect consumers. I request your assistance in holding the servicer accountable and ensuring a fair resolution to this matter. 

Thank you for your attention to this issue. Please let me know if additional information or documentation is needed. 

Sincerely, XXXX XXXX XXXX

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