Consumer complaint received 2025-07-01 00:00:00
Product: Mortgage — Manufactured home loan
Issue: Trouble during payment process — Interest rate
Company: Shellpoint Partners, LLC
State: AR

Complaint narrative:
Against : XXXX XXXX XXXX XXXX XXXX XXXX XXXX U.S. Bank as Trustee Summary of Complaint : I am submitting this complaint regarding a manufactured home loan originated and serviced by XXXX XXXX XXXX XXXX, later XXXX, with assignments involving U.S. Bank as trustee for a securitized trust. In XXXX  day refused XXXX from the XXXX XXXX and proceeded to foreclose. I countered because they failed too send a certified letter saying that I did not qualify for a loan modification and also the fact that they sold my home while it was still under review for a loan modification.They sold my home XXXX XXXX I was still under the review for a loan modification on XXXX XXXX. US Bank file for the deed, knowing that they did not send a certified letter which is confirmed by their servicer from XXXX point saying that they knew they did not send the letter but yet they still proceeded to file for the deed to the property confirmed by their servicer XXXX XXXX through a signed affidavit. They had XXXX different attorneys admitted that they couldnt prove they sent a certified letter so they admitted that the foreclosure should be Void. The case stalled for XXXX years ( in which Summary judgment should have been granted ) went by then Act 1108 was passed & the judge allowed the bank to amend their complaint, & because I didnt countersue within the XXXX  day window ( WAS NOT A LAW ) at that time, the Judge cancelled our third scheduled jury trial & allowed Act 1108 to affect my vested & Constitutional rights.The Supreme Court had ruled that unconstitutional retroactive law could not affect a persons vested rights & leave him/her defenseless. in XXXX our home insurance issued a XXXX check for a stolen XXXX XXXX XXXX XXXX, I was to sign it and send it to XXXX for their endorsement in which I did but to this day weve never heard anything back about the check or whatever happened to it so we went for XXXX  years without central heat and air. If they would have applied it to our payment, we would never have went into XXXX  or have been foreclosed on.The promissory note and contract for this loan contain multiple inconsistencies and potentially fraudulent terms that have harmed me and caused a wrongful foreclosure against my home.The letter from XXXX about my QWR request states at the last paragraph on how we were current on payments in XXXX but the following XXXX we were XXXX behind!!! The XXXX Deed the banks attorney acted on behalf of the trustee & bid on the property which is against the Arkansas foreclosure laws, which states that a trustee is not allowed to bid on a property for themselves only for the beneficiary. They also did not have a licensed auctioneer or realtor, which is also required by law. They also claim that I assigned them my property which is completely false!! How could the trustee be the servicer also? which is attached at the end of the securitized name. On the property record USBank doesnt have the securitized name attached under the property owner in which states USBank XXXX XXXX XXXX the XXXX!! They were not signed in to the servicing pool by the closing date & also did not have the note & the deed on their person. XXXX of the assignments was not signed in until XXXX years later & XXXX is signed by XXXX XXXX a well known XXXX  XXXX well as many more issues The Retail Installment Contract shows a principal balance of {$43000.00} with an interest rate of 10.25 %. 
The Promissory Note, however, discloses an Annual Percentage Rate ( APR ) of 10.51 % and a finance charge of {$77000.00} on the same transaction. 
This enormous finance charge is nearly double the disclosed principal, raising questions of truth-in-lending accuracy, unfair or deceptive practices, and possible fraud. 
These conflicting rates and terms made it impossible to accurately determine my monthly obligation, which directly led to a loan default, foreclosure, and the loss of my home. 
There are also concerns about robo-signing of the assignment documents, errors in the legal description, and unexplained discrepancies in the trustees recorded ownership compared to the note and trust documents. 



Emergency Statement : Since XX/XX/XXXX, we have been evicted from our home of 27 years due to this foreclosure, and the property has now been sold while these serious errors remain unresolved. We are currently homeless, living on the street, while the bank proceeds with the sale of our property based on a potentially defective note and contract. 

We urgently request immediate intervention to : Halt any transfer or resale of the property Freeze the foreclosure sale, if still possible Investigate the discrepancies in the note and contract Restore our right to occupy our home while the investigation is pending Investigate the bank and servicer for wrongful foreclosure In addition, our pets remain on the property and are in danger of being permanently removed or harmed because we have been barred from accessing the home. They have repeatedly returned to the property seeking shelter and food. We have no other safe place to house them while homeless. 

We are pleading with the CFPB to step in to protect our rights, safeguard our pets, and help restore our home while these violations are investigated. This is an emergency humanitarian situation in addition to a consumer fraud matter, and we request priority attention.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation