Consumer complaint received 2024-08-18 00:00:00
Product: Mortgage — Other type of mortgage
Issue: Trouble during payment process — Paying off the loan
Company: Shellpoint Partners, LLC
State: CA

Complaint narrative:
SPECIALIZED LOAN SERVICING purportedly changed their name to NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING " SHELLPOINT '' ACTING AS A DEBT COLLECTOR AND A SERVICER WITHOUT A TRUE OR CORRECT LICENSE. On XX/XX/XXXX, we requested restitution OFFER TO RESTORE THE CONSIDERATION NOT knowing the papers we signed was not recorded but a sham transaction was discovered. We exercised due diligence and discovered the building is NOT REAL PROPERTY. BUT IS " CONVERSION BY FRAUD. THE BUILDING WAS ILLEGALLY PARTCIALLY DEVELOPED AND CONSTRUCED AS LOW INCOME APARTMENTS BUILT WITH ABESTOS MATERIAL ON CONTAMINATED LAND. We are challenging SPECIALIZED LOAN SERVICING AKA NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING " SHELLPOINT '' claims. VIOLATION OF CODE XXXX83 THESE WERE PURJURED DOCUMENTS PUPORTEDLY TO THE BUILDING SEE : THE PURPORTED PARCEL XXXX. THE ENTIRE BUILDING WAS CONCEALED UNDER THE CHURCH PARCEL NO XXXX. THE BUILDING ILLEGALLY CONSTRUCTED NEXT TO THE CHURCH WHICH IS NAMED THE XXXX XXXX. THE BUILDING IS PUBLISHED AS VACANT LAND PROVEN WITH CLEAR AND CONVICING EVIDENCE THE CITY OF XXXX XXXX XXXX XXXX. THE BUILDING IS PUBLISHED AS VACANT LAND. The building is also, has ABATEMENT OF NUICANCE AND IS AND UNSECURED BUILDING DATED XX/XX/XXXX. Upon XXXX and XXXX not receiving their request for a payoff statement from Specialized Loan Servicing which caused XXXX and XXXX to open an account on the Specialized Loan Servicing website portal and right away, XXXX and XXXX noticed that the payoff statement was placed in their new account, without NOTICE by review of that certain payoff statement is a fraudulent statement. The payoff statement SLS claim and placed into our new account without notice DOESNT HAVE XXXX XXXX name, there's no way a deed of trust could have been recorded with XXXX XXXX XXXX name which proves by General Material Facts the modification agreements were forged with XXXX and XXXX XXXX names with intent to defraud to make us pay continuously under a sham transaction. We never signed any papers for a modification or modification agreements, and we never signed a deed of trust or a promissory note. We signed purported mortgage papers on XX/XX/XXXX, which is the only purported loan we had and was PAID OFF IN FULL and was paid 4-5 TIMES OVER. We never had a modification under a deed of trust secured by a lender under a note, we did NOT sign a deed of trust XX/XX/XXXX, as a first-time purported mortgage. 

In furtherance of their illegal act, we never received any letters, memos, notes, emails or any communication from wherein the purported agent for Specialized Loan Servicing states in their letters dated with the conjured-up date of XX/XX/XXXX, the investor/owner of the purported loan is the XXXX XXXX XXXX XXXXXXXX XXXX The XXXX  XXXX XXXX XXXX . But only makes this false claim without providing Genuine Material Facts to back up the false claims. We requested information and were emailed the purported XXXX  XXXX XXXX Tax Records dated XX/XX/XXXX, provided clear and convincing evidence Specialized Loan Servicing misrepresents, and we were able to print tax statements from our newly created account on the Specialized Loan Servicing website portal that shows Specialized Loan Servicing has Tax Records for the same year as the purported XXXX  XXXX XXXX XXXX for XXXX. Also, Specialized Loan Servicing placed their name on the tax statements as PAYOR AND LENDER their letters states a third-party loan servicer. WE ARE DEMANDING A CERTIFICATION OF COMPLIANCE UNDERSECTION 66499.35, SINCE NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING AKA SPECIALIZED LOAN SERVICING IS ACTING AS IF THE PARCEL XXXX IS PURPORTEDLY REAL PROPERTY, THEY MUST BACK-UP THEIR CLAIM WITH PROOF OF EVIDENCE AND REQUEST FROM WHO THEY CLAIM IS A PURPORTED LENDER IS THE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX . We did NOT receive accurate and timely information and documents in response to our requests for information with respect to the purported mortgage. We did NOT receive an assignment deed of trust when recorded that was forged and was recorded by fraud or assignees of the purported mortgage. We did NOT have or receive accurate or current information of documents that are recorded and re-recorded with the County Assessor 's office or the County Recorder 's office. We discovered The Chain of Title is fraudulent. The deed recorded was replaced on the SAME DAY & TIME AS THE DEED OF TRUST [ we never saw or signed ]. We did not sign any of the recorded and re-recorded instruments. We are in possession of PRIMA FACIA EVIDENCE to the recorded and re-recorded. This was an intent to defraud us under a recorded and re-corded forged and fraudulent papers. THE LEGAL DESCRIPTION WAS CHANGED AFTER THE PURPORTED SALE/PURCHASE AGREEMENT WAS SIGNED WHICH WE DISCOVERED WAS A SHAM TRANSACTION AND " NO '', ONCE A PURPORTED SALE/PURCHASE AGREEMENT IS SIGNED, ANY CHANGES TO THE LEGAL DESCRIPTION WOULD REQUIRE A COURT RULING. THE DESCRIPTION WAS ILLEGALLY CHANGED MANY TIMES [ XXXX, ] [ XXXX, ] [ XXXX, ] [ XXXX, ] NOW DESCRIPTION IS ILLEGALLY CHANGED TO [ [ XXXX, [ XXXX. ] ] The forged instruments have NO Granting Clause, operative words of conveyance ( e.g., I hereby grant ) ; A DEED MUST BE SIGNED AND MUST BE signed by a party making the conveyance or grant ; and must be delivered and accepted, and it never was because we never saw or had knowledge of a conveyance. Lack of consideration affect the rights of the grantee as against the rights of certain third parties. The recording statutes are intended to protect bona fide purchasers. The recorded and re-recorded instruments violate the principal form of acknowledgement authorized by California law is provided for in Civil Code Section 1183.5. Where the date of the deed is subsequent to that of the acknowledgment, the later date may be taken as the true date of the deed. And in this case all the instruments were recorded and re-recorded at the same date and time. The instuments violate the following ruling. The certificate must be authenticated by the signature of the officer followed by the name of his or her office. An official seal must be affixed if the officer is by law required to have a seal. In California, a notary public must provide and keep an official seal, which must clearly show, when embossed, stamped, impressed or affixed to a document, the name of the notary, the State Seal, the words Notary Public, the name of the county wherein the bond and oath of office are filed, and the date the notary publics commission expires. In addition the Notary Stamp contains the sequential identification number ( commission number ) assigned to the notary public, as well as the identification number assigned to the seal manufacturer or vendor. Because the legal requirement that the seal be photographically reproducible, the rubber stamp seal is almost universal ; however, notaries public may use an embosser seal in addition to the rubber stamp. 
A notary public is required to keep one active sequential journal at a time of all acts performed as a notary public. The journal must be kept in a locked and secured area, under the direct and exclusive control of the notary public. The journal must include the items shown below. ( Government Code Section 8206 ( a ) ) VIOLATION : The Fair Housing Act Code of Federal Regulations California Corporations Code California Certified Common Interest Development California Business and Professions Code ALL THE INSTRUMENTS ON THIS PARCEL XXXX are Forged recorded and re-recorded deeds and deeds of trust recorded at the same time XXXX XXXX  and day. See : ( XXXX  XXXX XXXX, XXXX XXXX. XXXX ) ; A deed is of no effect unless delivered. But delivery in this context means more than a turning over of the physical possession of the document. The grantor must have the intention to pass title immediately A legal description CAN NOT be changed after a purported sale/purchase agreement is signed [ No, ] once a purported sale/purchase agreement is signed, any changes to the legal description would require a court ruling, thus it is essential to ensure the accuracy of the legal description from the outset. the illegally constructed parcel was changed many times : [ XXXX ] [ XXXX ] [ XXXX ], [ XXXX ] AND NOW [ XXXX  ] VIOLATION OF California Corporations Code, AND 1024.33 Mortgage servicing transfers. We discovered SPECIALIZED LOAN SERVICING PLACED THEIR NAME ON THE TAX STATEMENT AS PAYOR AND LENDER THEIR LETTERS STATES A THIRD-PARTY LOAN SERVICER. FURTHERMORE, WE ARE DEMANDING A CERTIFICATION OF COMPLIANCE UNDERSECTION 66499.35, SINCE NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING AKA SPECIALIZED LOAN SERVICING IS ACTING AS IF THE UNIT IS PURPORTEDLY REAL PROPERTY, THEY MUST BACK-UP THEIR CLAIM WITH THE BURDEN OF PROOF. 
CERTIFICATION OF COMPLIANCE UNDER SECTION 66499.35 THE LEGAL DESCRIPTION WAS CHANGED AFTER THE PURPORTED SALE/PURCHASE AGREEMENT WAS SIGNED WHICH WE DISCOVERED WAS A SHAM TRANSACTION AND NO, ONCE A PURPORTED SALE/PURCHASE AGREEMENT IS SIGNED, ANY CHANGES TO THE LEGAL DESCRIPTION WOULD REQUIRE A COURT RULING Trust Deed A trust deed ( or deed of trust ) is a 3-party security instrument conveying title to land as security for the performance of an obligation. There are three parties to a trust deed : borrower ( trustor ), lender ( beneficiary ), and a third party, called a trustee, to whom legal title to the real property is conveyed. The trustee holds the legal title in trust for the beneficiary and has the power to sell the property if the trustor does not fulfill the obligations as recited in the instrument. The trustee also possesses power to reconvey the legal title to the trustor provided the beneficiary requests a reconveyance of that title. This event occurs if the promissory note is paid in full. [ We never signed a Promissory NOTE ]. OR a Deed of Trust. 

Pursuant to California Government Code 6250 et seq. ( the California Public Records Act ) and Article I, Section 3 of the California Constitution and the Brown Act, we are requesting the following records and information from the City of XXXX. 
DEFINITIONS For purposes of this request the term XXXX XXXX XXXX/XXXX  refers to the property located on XXXX XXXX  XXXX XXXX XXXX XXXX, CA XXXX. 
The term XXXX XXXX XXXX shall refer to # XXXX, XXXX XXXX XXXX XXXX, XXXX, CA XXXX. 
The term Properties shall refer collectively to XXXX XXXX XXXX 
The term XXXX XXXX XXXX shall refer collectively to XXXX XXXX XXXX 
The term XXXX XXXX XXXX refers to the ingress/egress easement on XXXX XXXX XXXX. XXXX. 
The term XXXX XXXX XXXX XXXX XXXX refers to Homeowners organization that makes and enforces rules and guidelines for a subdivision, planned community, or condominium building. 
The term XXXX XXXX XXXX XXXX, refers to name of the corporation listed in the Declaration of Restrictions, recorded with the County of XXXX XXXX on XX/XX/XXXX. 
The term XXXX XXXX XXXX includes but is not limited to its XXXX XXXX XXXX XXXX XXXX of XXXX and any attorneys, consultants, experts, investigators, agents, business associates or other persons acting on behalf thereof. 


The instruments were illegally recorded and re-recorded and in VIOLATION OF ALL THE FOLLOWING : Where the date of the deed is subsequent to that of the acknowledgment, the later date may be taken as the true date of the deed. The certificate must be authenticated by the signature of the officer followed by the name of his or her office. An official seal must be affixed if the officer is by law required to have a seal. In California, a notary public must provide and keep an official seal, which must clearly show, when embossed, stamped, impressed or affixed to a document, the name of the notary, the State Seal, the words Notary Public, the name of the county wherein the bond and oath of office are filed, and the date the notary publics commission expires. In addition the Notary Stamp contains the sequential identification number ( commission number ) assigned to the notary public, as well as the identification number assigned to the seal manufacturer or vendor. Because the legal requirement that the seal be photographically reproducible, the rubber stamp seal is almost universal ; however, notaries public may use an embosser seal in addition to the rubber stamp. 
A notary public is required to keep one active sequential journal at a time of all acts performed as a notary public. The journal must be kept in a locked and secured area, under the direct and exclusive control of the notary public. The journal must include the items shown below. ( Government Code Section 8206 ( a ) )

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