Consumer complaint received 2025-08-29 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Shellpoint Partners, LLC
State: CA

Complaint narrative:
EMERGENCY : ILLEGAL FORECLOSURE SALE SCHEDULED XX/XX/XXXX I am filing this URGENT complaint against Shellpoint Mortgage Servicing for multiple egregious federal violations regarding my mortgage loan # XXXX on my primary residence at XXXX XXXX XXXX XXXX, XXXX, CA XXXX. Shellpoint has scheduled an ILLEGAL foreclosure sale for XX/XX/XXXX, despite failing to validate the debt after my timely disputes and while engaging in prohibited dual tracking. This violates the FDCPA, RESPA, California HBOR, and CFPB servicing rules, threatening immediate loss of my {>= $1,000,000} home and causing severe financial and emotional harm. 

CRITICAL VIOLATIONS : 1. FDCPA DEBT VALIDATION FAILURE ( 15 U.S.C. 1692g ) I sent comprehensive debt validation demands to Shellpoint on multiple dates challenging : - Amount owed and calculation methodology - Chain of title and assignment documentation - Original creditor and current note holder identity - Shellpoint 's authority to collect/foreclose - Payment history and accounting accuracy Shellpoint FAILED to provide ANY validation within the required 30-day period under FDCPA 1692g ( b ), yet proceeded with foreclosure scheduling. This violates the mandatory cessation requirement - NO collection activity is permitted without proper validation.

2. DUAL TRACKING VIOLATIONS ( RESPA 12 C.F.R. 1024.41 & CA HBOR ) While my loss mitigation application was under review ( confirmed by XXXX XXXXXXXX XXXX  email promising no foreclosure during evaluation ), Shellpoint simultaneously : - Recorded Notice of Default - Scheduled Notice of Trustee 's Sale for XX/XX/XXXX - Refused to halt proceedings despite pending modification review This constitutes prohibited dual tracking under RESPA 1024.41 ( f ) and California Civil Code 2923.6, demonstrating bad faith servicing.

3. IDENTITY FRAUD - WRONG BORROWER NAMES Shellpoint authorized foreclosure against " XXXX XXXX '' and " XXXX XXXX '' despite KNOWING our legal names are XXXX XXXX XXXX and XXXX XXXX ( court-ordered name change XXXX ). This violates : - FDCPA 1692e ( false representations ) - California Rosenthal Act ( Civil Code 1788.17 ) - Elder abuse statutes ( W & I Code 15610.30 ) 4. LACK OF STANDING - SERVICER OVERREACH Shellpoint admits they are merely the servicer, with XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX XXXX being the actual beneficiary. Under California law ( Glaski v. Bank of America, Yvanova v. New Century Mortgage ), servicers lack authority to foreclose without proper delegation. No such documentation provided, rendering the entire process void under Civil Code 2924. 

5. PATTERN OF CFPB NON-COMPLIANCE Previous CFPB complaints ( ID : XXXX ) show Shellpoint 's ongoing violations. Their responses demonstrate systematic non-compliance with federal servicing requirements, necessitating immediate regulatory intervention. 

IMMEDIATE HARM & IRREPARABLE INJURY : - Imminent loss of {>= $1,000,000} primary residence - Severe emotional distress and health impacts- Financial devastation from defending illegal process - Violation of fundamental due process rights- Homelessness threat to elderly borrowers SUPPORTING DOCUMENTATION ATTACHED : - Cease and desist letters to all parties - Debt validation demands with proof of service - Notice of Default and Notice of Trustee 's Sale - Email from XXXX XXXX ( dual tracking evidence ) - XXXX report showing property value - Court-ordered name change documentation - Previous CFPB complaint responses- Chain of title challenges- Property deed and ownership records URGENT RELIEF REQUESTED : 1. IMMEDIATE INVESTIGATION of Shellpoint 's systematic violations 2. EMERGENCY ORDER halting XX/XX/XXXX foreclosure sale 3. MANDATORY COMPLIANCE with debt validation requirements 4. SANCTIONS AND PENALTIES for ongoing federal law violations 5. RESTITUTION for damages, legal costs, and emotional harm 6. REFERRAL to DOJ/FTC for criminal investigation of elder abuse 7. SYSTEMIC REFORMS to prevent future abusive practices This represents a clear pattern of predatory servicing targeting vulnerable homeowners through systematic federal law violations. The XX/XX/XXXX sale date creates an emergency requiring immediate CFPB intervention to prevent irreparable harm. 

BORROWER INFORMATION : - Name : XXXX XXXX - Address : XXXX XXXX XXXX XXXX, XXXX, CA XXXX - Phone : ( XXXX ) XXXX - Email : XXXX - Loan Number : XXXX - Servicer : Shellpoint Mortgage Servicing

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