Consumer complaint received 2026-06-02 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Shellpoint Partners, LLC
State: NY

Complaint narrative:
I have complaints open I can't always get on the phone, I'm responding you your letter of XX/XX/XXXX where you write Contact us. We need additional information about your complaint. XXXX Mortgage Foreclosure / Servicing Accountability Package VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Letter 1 - CFPB Escalation Request Date : XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX Re : Request for CFPB Escalation, Complete File Production, and Accountability Determination - CFPB Case No. XXXX Borrower : XXXX XXXX Additional Contact / Homeowner : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX XXXX XXXX Loan No. : XXXX/ Newrez Loan No. : XXXX XXXX XXXX Supreme Court Index No. : XXXX CFPB Case No. : XXXX Dear Sir or Madam : This is a formal request for CFPB escalation and supervisory review of the companies responses and the continuing failure to identify who is accountable for the mortgage servicing, loss mitigation, appraisal, payoff, short sale, record retention, and foreclosure conduct in this active foreclosure matter. We are writing regarding an active mortgage foreclosure and a long-running servicing, loss mitigation, appraisal, record-retention, and accountability dispute involving XXXX XXXX XXXX, XXXX XXXX ; Newrez LLC d/b/a Shellpoint Mortgage Servicing ; XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX XXXX XXXX XXXX XXXX and the pending XXXX XXXX Supreme Court foreclosure matter XXXX The loan has never been closed, yet XXXX XXXX has represented that it may not retain records beyond seven years following the closure of an account. That statement is impossible to reconcile with an active foreclosure file and ongoing servicing activity. The file has never been closed/ XXXX payoff attempt / current {$300000.00} payoff offer / demand for complete records The borrower disputes any statement or implication by XXXX XXXX, Newrez/Shellpoint , XXXX XXXX XXXX or any related party that this mortgage file was closed for purposes of denying records, withholding documents, or refusing to provide the complete servicing history. This loan and foreclosure matter have never been closed. The foreclosure action remains active in XXXX XXXX Supreme Court under Index No. XXXX, and the loan was transferred from XXXX XXXX to Newrez/Shellpoint while the matter was still pending. XXXX XXXXXXXX XXXX XX/XX/XXXX response states that it is not required to maintain records beyond seven years following the closure of an account. That position is disputed and is not applicable here because this account was never closed. It remains connected to an active foreclosure, an ongoing dispute, and repeated requests for records, calculations, notes, and loss mitigation review. Certified Mail Package - XX/XX/XXXX XXXX Mortgage Foreclosure / Servicing Accountability Package XXXX XXXXXXXX XXXX own records also confirm that the borrower attempted to resolve the loan as early as XX/XX/XXXX. XXXX XXXX stated in its CFPB response that in XX/XX/XXXX the borrower asked whether XXXX XXXX would accept less than the full payoff if the borrower were able to pay off the loan, and XXXX XXXX advised that this was not an option. This history is important because it confirms that the borrower was attempting to pay off or resolve the debt from the beginning. Instead of providing a clear, documented path to resolution, XXXX XXXX continued to require repeated loss mitigation and modification submissions over many years, while the borrower continued to provide financial information and work through attorneys, professionals, and regulators. The borrower has also made a current {$300000.00} payoff/settlement offer in a good-faith effort to resolve this loan and foreclosure matter. The offer is made without admission of liability and solely for the purpose of resolving the dispute. The borrower requests that the offer be reviewed by the proper decision-maker with authority over payoff, short payoff, settlement, foreclosure-sale postponement, dismissal of the foreclosure action, release of the lien, and correction of the servicing/account records. The borrower further requests that the complete file, calculations, NPV records, appraisal records, internal notes, investor/trustee communications, and decision authority records be produced before any final rejection of the offer or continuation of foreclosure-sale activity. Despite repeated written requests and complaints, the complete documents, calculations, and notes have not been produced. The missing records include, but are not limited to, the complete servicing file, payment history, payoff records, short payoff/short sale review records, NPV calculations, appraisal records, internal notes, correspondence logs, transfer records, investor/trustee communications, foreclosure referral records, and the calculations used to deny, reject, or close prior requests for assistance. Because the account was never closed and remains in active foreclosure, the failure or refusal to produce the complete file appears to raise serious Dodd-Frank , RESPA, and Regulation X mortgage servicing violations and concerns. We request that the agency require XXXX XXXX, Newrez/Shellpoint XXXX and XXXX. XXXX XXXX XXXX as Trustee to identify who has custody and control of the complete loan file and to produce all records, calculations, notes, correspondence, transfer records, and loss mitigation records from default through the present. Key facts requiring review From the beginning, we made every effort to pay off or resolve the loan. XXXX XXXX admits in its CFPB response that in XX/XX/XXXX we asked whether XXXX XXXX would accept less than the payoff if we were able to pay off the loan, and XXXX XXXX advised that this was not an option. We have made a current {$300000.00} payoff/settlement offer to resolve the loan and foreclosure matter in good faith, without admission of liability, and request a written response from the party with actual authority to accept, reject, counter, or direct review of that offer. We provided XXXX XXXX with our financial information, including annuity information that XXXX XXXX acknowledged was known since at least XXXX. Despite that, XXXX XXXX repeatedly required modification applications over many years, including submissions prepared by multiple attorneys and an accountant. XXXX XXXX later denied or refused resolution based on NPV/valuation issues rather than a true inability to pay, while also refusing to permit us to obtain an independent appraisal for short payoff consideration and using its own appraisal process. Certified Mail Package - XX/XX/XXXX XXXX Mortgage Foreclosure / Servicing Accountability Package The file contains serious appraisal discrepancies, including XXXX XXXX appraisal evidence of approximately {$560000.00}, an independent appraisal of approximately {$580000.00}, and a later XXXX XXXX appraisal of approximately {$720000.00}. In XXXX, XXXX XXXX sought permission through counsel to speak directly with us during short-sale activity, then a counteroffer/proposal of approximately {$540000.00} was communicated, and shortly thereafter XXXX XXXX stated that we withdrew the short-sale request. We dispute that characterization and believe this sequence interfered with resolution. XXXX XXXX, XXXXXXXX XXXX Newrez/Shellpoint , and other entities have repeatedly referred us to each other, while the foreclosure continues and the sale remains active. The Federal Reserve Banks have advised that this matter should be directed to the CFPB for consumer protection issues. However, CFPB has repeatedly closed the complaint after company responses without requiring the complete file, calculations, notes, appraisal records, NPV records, or authority records. XXXX XXXX states or implies that XXXX XXXX as Trustee is in charge. XXXX XXXX and/or its representatives point back to the servicer. Newrez/Shellpoint states it is the current servicer. The borrower is being sent in circles while the foreclosure continues. We request that CFPB not treat a company response as sufficient unless the response includes the complete file and specifically identifies which entity had authority for each disputed action. Specific relief requested from CFPB XXXX. Identify which entity had decision-making authority over payoff, short payoff, short sale, modification, appraisal, NPV, foreclosure referral, and foreclosure-sale activity at each relevant time. XXXX. Require production of the complete servicing and foreclosure file, including complete notes, calculations, NPV records, appraisal orders, appraisal reviews, investor/trustee communications, short-sale records, short-payoff records, transfer records, and all correspondence. XXXX. Determine whether XXXX XXXX, Newrez/Shellpoint , XXXX XXXX as Trustee , and/or their agents violated mortgage servicing, record-retention, loss mitigation, error-resolution, or consumer protection requirements. XXXX. Require a written explanation of why the borrower has been sent in circles among regulators, servicers, trustee, and foreclosure counsel while no entity accepts responsibility. XXXX. Request postponement or suspension of foreclosure-sale activity while the complete file, calculations, and authority records are produced and reviewed. XXXX. Require a written, document-supported response to the borrower 's current {$300000.00} payoff/settlement offer from the entity with actual authority to accept , reject, counter, or direct review of the offer. XXXX. Reopen or escalate CFPB Case No. XXXX and require a complete, document supported response rather than a conclusory company response. We request a written response and complete file production. Please do not close this matter based only on a company statement that does not include the actual records, calculations, notes, authority documents, and transfer materials. Proposed Enclosures/ Attachments CFPB complaint and case history, including CFPB Case No. XXXX. Certified Mail Package - XX/XX/XXXX XXXX Mortgage Foreclosure / Servicing Accountability Package XXXX XXXX responses to CFPB, including statements regarding record retention, closure of file, denial of independent appraisal, XX/XX/XXXX payoff inquiry, and annuity awareness. XXXX XXXX support packet, including XXXX XXXX XX/XX/XXXX response, regulator correspondence, XXXX XXXX XXXX responsibility letters, XXXX short-sale documents, and Federal Reserve Consumer Help acknowledgment . XXXX XXXX letters dated XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX stating the matter was being reviewed. Newrez/Shellpoint transfer and response letters, including Executive Resolution correspondence and any trying to reach you emails. Appraisal evidence : XXXX XXXX appraisal of {$560000.00}, independent appraisal of {$580000.00}, and later XXXX XXXX appraisal of {$720000.00}. Short sale / short payoff communications, including XXXX XXXX correspondence, XXXX offer/acceptance materials, and the current {$300000.00} payoff/settlement offer. Foreclosure sale notice, judgment information, and any court filings showing the amounts claimed. Certified mail receipts and green cards for prior notices and complaints. Respectfully submitted, _____________________________________ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX cc : CFPB ; OCC ; XXXX ; Newrez/Shellpoint ; prior certified-mail recipients as applicable ; foreclosure court file as appropriate.

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