Consumer complaint received 2025-08-15 00:00:00
Product: Mortgage — VA mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: Shellpoint Partners, LLC
State: FL

Complaint narrative:
On XX/XX/XXXX, I sent a Qualified Written Request for a VA loan for information on the assignments, chain of title, and other pertinent information from a servicer that had a different address than the promissory note. No response after XXXX  days. On XX/XX/XXXX I sent a notice with an opportunity to cure defects that had been found, no response in XXXX  days. Sent a notice of default on XX/XX/XXXX, for failure to respond with requested information violating Respa. During this period a certified mail document came that did not include all the required document validation and a notice from this servicer that they were not required to send these documents. All green cards from certified mail have been returned. 

As this was happening, a forensic audit was performed and documents came in showing potential issues with chain of title, defects in assignments that were not recorded, and additionally separation of the mortgage and note as undisclosed securitization trust XXXX XXXX XXXX XXXX  was found to be holding XXXX of these documents while the servicer was claiming to hold the other one and enforce a loan. Supreme Court has ruled with XXXX v. XXXX that these mortgage and note can not be separated. With the addresses not matching, the closing documents, and no assignments made in public records to either of these entities, I have not made a payment due to fraud and additionally hardship from unforeseen events taking place immediately on assumption as well as looking for validation of mortgage servicer. 

Additionally, as this process was happening, my wife started to look into the documents and was found to not be on the title, but was listed on the mortgage. She was not given a homestead consent and the part of the promissory note declarations was not filled out during the closing voiding the contract as this is violation of her rights as this is our only home, a primary home which was also a requirement for the VA loan. This caused multiple days of problems and lost trust in our relationship, almost a divorce as she thought I was responsible for this and deliberate. I was specifically adamant that she would be on the title when going through the process and we had conversations about this before ever going into this VA process. 

On XX/XX/XXXX, I sent a Release of Lien and Compromise due to fraud in the contract, No Holder in Due course, non-response and evasion of the QWR, and Respa/Tila violations. I additionally request another QWR, and I included the forensic audit findings and affidavits of the situation as well as fee schedules for violations with a XXXX  days to respond or be in default. As of XX/XX/XXXX, NewRez LLC is in default of the first QWR request, and with a second request to Relase the Lien and Comromise, no response has been made. A green card returned with XX/XX/XXXX on it for acceptance of this. 

On XX/XX/XXXX I then sent a final notice, evidence demand letters, a hardship affidavit, and a co-borrowers affidavit to the mortgage servicer via certified mail, received XX/XX/XXXX via green card receipt, XXXX, requesting release of a XXXX and extinguishment of a VA loan originated on XX/XX/XXXX, due to alleged fraud, lack of funding, and no valid assignment. The notice highlighted a monthly payment demand of approximately {$7300.00}, which I can not pay due to financial hardship ( e.g., rental income loss of {$2300.00}, baby-related costs of $ XXXX $ XXXX, overtime loss of $ XXXX {$2000.00}, and purchase costs of {$9700.00} ). The co-borrowers affidavit, dated XX/XX/XXXX, confirmed their fraudulent exclusion from the property title despite signing the loan documents. I have returned all tacit agreements Nunc Pro Tunc and have not consented to any agreement sent to me by this servicer as there has been no validation from them as a holder in due course or any response they have provided with the chain of title issues. As it sits it has been 55 days and only certified mail response was sent from them on day XXXX without the required documents dishonoring the QWR request. 

Public records and mortgage documents, reviewed as of XX/XX/XXXX, showed no recorded assignment to the servicer or a related trust, and no evidence of funds advanced by the originator, a broker. I acquired certified copies of the XXXX documents which were the warranty deed and mortgage without listing NewRez LLC or XXXX XXXX on any document allegedly violating both state and federal requirements of assignment. 

The servicer has threatened foreclosure despite these unresolved claims, which also involve alleged violations of federal laws ( e.g., Truth in Lending Act, Real Estate Settlement Procedures Act, VA regulations ) due to lack of disclosures and improper title handling. I attempted to resolve this administratively, but the servicers inaction suggests servicing errors and potential fraud. I want the CFPB to publish this description on consumerfinance.gov so that others can learn from my experience. The CFPB will take steps to remove my personal information from this description but someone may still be able to identify me. Learn how it works. I consent to publishing this description after the CFPB has taken these steps. 
Publishing this description will not affect how the CFPB handles my complaint.

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