Date Received: 2023-09-16
Issue: Struggling to pay mortgage
Subissue: Trying to communicate with the company to fix an issue related to modification, forbe
Consumer Complaint: Im getting notices from Newrez LLC also known as Shellpoint Mortgage Servicing ( Newrez/Shellpoint ) and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) threatening me with foreclosure. Newrez/Shellpoint and XXXX falsely represented to Borrower that Newrez/Shellpoints attorney was meaningfully involved in preparing and filing the foreclosure action ( Recording Notice of Default ), violating the Fair Debt Collection Practices Acts ( FDCPA ) prohibition against collecting debts by using false, deceptive, or misleading representations and the Consumer Financial Protection Acts prohibition against deceptive acts and practices. The mortgage Note and Deed of Trust ( DOT ) & Assingnments of DOT in question was originated by XXXX XXXX, XXXX ( XXXX ). This Mortgage Loan was originated on XX/XX/XXXX. The Deed of Trust listed XXXX XXXX, XXXX as the lender, XXXX XXXX, XXXX. as the trustee. The Deed of Trust identifies me as the Borrower. I was a borrower of this Mortgage Loan. I sent documents to Shellpoint numerous times. In XXXX, I sent Notice of Error ( NOE ) and Request for Information ( RFI ) to Shellpoint Mortgage Servicing ( Shellpoint ). Shellpoint Mortgage Servicing is a division of Newrez LLC ( Newrez ). Shellpoint responded to my NOE & RFI. However, Shellpoint did not answer most of my NOEs & RFIs. Shellpoints deficient foreclosure policies and procedures violate Regulation X. Newrez/Shellpoint failed to ensure that Shellpoint receives accurate and current information reflecting its foreclosure attorneys actions. In fact, Shellpoint has failed to accurately maintain foreclosure-related information necessary to ensure that it provides borrower with required foreclosure protections. As a result of these and other failures, XXXX have wrongfully initiated foreclosure proceedings. Shellpoint and XXXX sent me an inaccurate payoff quote that caused the borrowers pending property sale to fall through. Shellpoint failed to comply with foreclosure restrictions in Regulation X and other federal and state restrictions in order to ensure that homeowner has an opportunity to save my home before foreclosure is initiated. I found that Shellpoint provided inaccurate descriptions of payments and transaction information, which may have misled borrower. This is unfair practice and violation by Shellpoint. Newrez/Shellpoint violated the RESPA, which prohibits, among other things, providing something of value to any person with an agreement or understanding that the person will refer real estate settlement services. Mortgage Servicer must comply with the error resolution and information requests provision. Shellpoint has failed to protect borrower when it has made servicing errors. Shellpoints errors at loan servicing stage have made it even more important that the company adequately investigate and respond to me Notices of Errors & Request for Information. These functions can act as a safety net to catch borrowers before borrower further harmed by a servicers unlawful conduct. Here, too, Shellpoint has failed. Shellpoint has routinely failed to reasonably investigate, and, when appropriate, make corrections in response to me Notices of Errors & Request for Information. These failures have caused serious harm to me. As a result of Shellpoints above policies and procedures, which also apply to NOEs, Shellpoint has failed to conduct reasonable investigations and/or, where appropriate, make corrections of errors in my Notice of Error & Request for Information. Shellpoint has not responded to all notice of errors or information request that I sent. Shellpoint failed to provide my RFI and Shellpoint failed to correct errors in Notice of Default. They failed to correct Broken Chain of Title, etc. Shellpoint and XXXX did not file Rescission of Notice of Default. Shellpoint just stated the Owner of Mortgage Loan is The XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Shellpoint is acting on the XXXX XXXX 's behalf. XXXX violated various state and federal laws in initiating a non-judicial foreclosure of subject property. Shellpoint participated and conspired with XXXX XXXX in the FRAUDULENT TRANSFER ( Fraudulent Assignments of Deed of Trust ) of the Subject Property. XXXX suddenly appeared in foreclosure actions ( recorded Notice of Default, Notice of Trustees Sale ). XXXX called themselves Trustee. Notice of Default ( NOD ) was filed in XXXX, listing XXXX as the XXXX for XXXX. NOD was executed on XX/XX/XXXX by XXXX XXXX acting as authorized agent for XXXX. Shellpoint and XXXX do not have the authority to foreclose on my home because Shellpoint, XXXX XXXX and XXXX do not own the note, have not followed proper foreclosure procedures, have not complied with certain statutory mandates. I believe my original mortgages debt was satisfied and XXXX lost any beneficial interest in my mortgage when my mortgage securitized the note and sold it to third parties and documents effecting the foreclosure process were invalid because they were improperly recorded and/or signed by someone who lacked the requisite personal knowledge and/or authority to sign. Gap in the chain of title prior to assignment of deed of trust causes the assignment and assigned deeds to be void. These Assignments of Mortgage Loan is a fraud and forgery and, even if it were not, there is broken chain of assignments from XXXX to XXXX XXXX. Assignment to XXXX XXXX is invalid and demonstrates a break in the chain of assignments of the Deed of Trust and Note. Shellpoint, XXXX XXXX and XXXX thus has no standing to foreclose as a real party in interest. Shellpoint, XXXX XXXX and XXXX failed to timely inform me of any alleged Appointments, Assignments and transfers of the mortgage in violation of RESPA. Shellpoint, XXXX XXXX and XXXX failed to timely notify me of any change of servicers, and I have made written demands to Shellpoint to show evidence of standing to claim a debt but Shellpoint, XXXX XXXX and XXXX have refused to evidence such standing. XXXX and Shellpoint are without standing to pursue this foreclosure action. XXXX XXXX Shellpoint have represented that XXXX XXXX owns and holds the note and mortgage. However, XXXX Certificates Assignments of the Mortgage or Deed of Trust ( Assignments ) were executed by a legal entity that was no longer in existence on the date the document was executed. Assignments of the mortgage or Deed of Trust were executed by an entity whose name is different from the entity named in the original document. XXXX XXXX does not have an interest in the property because the assignments of original Deed of Trust were not properly executed for a variety of reasons. Assignments of the mortgage from XXXX to XXXX XXXX had been robo-signed. Every robo-signed document is XXXX as a matter of law. The assignment ( recorded in XXXX ) was void because XXXX XXXX XXXX was a robo-signer. XXXX XXXX also lacked authority to act on behalf of XXXX or XXXX, therefore the XXXX assignment was unauthorized. It appears to have been executed on behalf of XXXX by the same person, XXXX XXXX, who executed the assignments on behalf of XXXX XXXX XXXXXXXX and other companies. I discovered the signature of " XXXX XXXX XXXX '' but with many different titles of multiple entities. On XX/XX/XXXX, XXXX XXXX signed for XXXX XXXX XXXX As Attorney In Fact for XXXX XXXX, LLC by Power of Attorney Recorded on Document Number XXXX as Assistant Vice President. On XX/XX/XXXX, XXXX signed for XXXX XXXX XXXX As Attorney In Fact for XXXX XXXX, LLC by Power of Attorney Recorded on Document Number XXXX as Assistant Vice President. At the same period of time ( On or about XX/XX/XXXX ), XXXX XXXX signed for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX for XXXX XXXX XXXX XXXX XXXX XXXX, Successor By Merger to XXXX Bank, XXXX Its Successor and Assigns as Assistant Secretary ( XXXX Assignment of Deed of Trust ). XXXX XXXX signed this XXXX Corrective Assignment of Deed of Trust ( Subject Property ). XXXX XXXX, who signed the XXXX assignment, as Assistant Secretary of XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ), appears to be the same individual who claimed to be both Assistant Secretary of XXXX and Assistant Vice President of XXXX XXXX XXXX. The intervening assignments are invalid because the individual who " robo-signed '' the assignment on behalf of XXXX, XXXX XXXX XXXX XXXX held herself out as Assistant Secretary for XXXX when she was instead an employee of XXXX XXXX XXXX and/or other companies. Signature must be signed by a XXXX XXXX XXXX acting within the scope of his/her authority from XXXX. Title must be one he/she holds as a real officer of XXXX. XXXX XXXX is NOT real officer of XXXX. A signer XXXX XXXX actually lacked an agency relationship with XXXX. XXXX XXXX also signed the documents ( Assignments of Deed of Trust ) on behalf of many other companies/different entities. This Robo-signed XXXX assignment ( Subject Property ) is void and invalid. XXXX is a shell corporation created by the mortgage banking institutions that used to be lenders and are now servicers the pretender-lenders. XXXX has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as nominee. XXXX has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee. XXXX is described as the nominee for the specifically named lender who is just an originator selling a financial product as described above. XXXX is used as a cover-up. It effectively hides the title gap in plain sight. The execution of an assignment or corrective assignment presumes that it is acting as an agent for whoever is currently named as the claimant, beneficiary. But no such agency exists in fact or at law. The execution of a security instrument ( mortgage or loan ) by a self-proclaimed servicer ( which performs no servicing duties with respect to receipts data processing and disbursement of money from homeowners ) on behalf of a new entity appointed to be the claimant, beneficiary. But the execution of the assignment by XXXX on behalf of XXXX after the collapse of XXXX. it does not exist. And XXXX XXXX XXXX did not acquire any ownership interest in any homeowner transactions because XXXX didnt own any such interest. So while XXXX XXXX XXXX was a successor to XXXX, the foreclosure team is relying on appearances in order to get the court to presume that the merger created a transfer of the ownership of the unpaid nonexistent loan account receivable of the mortgage rights from XXXX as originator to XXXX XXXX XXXX. In such mergers, there is no Mortgage Loan Schedule, nor any written assignment of mortgage. Since the law requires the assignment, the presumption that the transfer could occur without an assignment of mortgage is erroneous. The document is supposedly executed by someone calling themselves an assistant secretary. But note that it does not say that the signor ( XXXX XXXX ) was the XXXX XXXX of XXXX. There is mention of XXXX it includes the phrase its successors and assigns such that it is unclear from the grammar utilized whether there is a successor to XXXX or a successor for the principal in the agency agreement between XXXX and the originator ( XXXX XXXX ). But there is no succession to either one unless ( a ) someone bought or merged with XXXX or ( b ) someone bought loan accounts receivable from XXXX. Such a sale wouldve been impossible because, by the time of the merger, XXXX had only reserved servicing rights which really only meant the claim to receive servicer advances upon liquidation of a foreclosed property. So there is no XXXX successor and there is no XXXX successor as it relates to either the actual presumed transfer of the alleged underlying obligation. XXXX has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as nominee. XXXX has no legal or beneficial interest in the promissory note underlying the security instrument for which it serves as nominee. XXXX has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee Theres No document authorizing MERS, as nominee for the original lender ( XXXX ), to assign the subject mortgage to the foreclosing trustee. Hence, XXXX lacked authority as mere nominee to assign my mortgage, making any assignment from original lender or XXXX defective. XXXX, as the nominee not only lacks authority to assign the mortgage, but can not demonstrate the trustees knowledge or assent to the assignment by MERS to the foreclosure trustee. Any attempt to transfer the beneficial interest of a trust deed without actual ownership of the underlying note, is void under law. XXXX XXXX signed for this XXXX XXXX. XXXX XXXX signed for false beneficiary and XXXX illegally named as Assignee/Beneficiary. XXXX named Mortgage Servicer ( XXXX XXXX Bank, etc. ) as XXXX in XXXX Assignment. XXXX assigned to False Beneficiary/False Assignee or An Impossible Beneficiary. See 15 USC 1641f1 ( stating a servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is or was the owner of the obligation ) XXXX XXXX signed the Assignment of Deed of Trust recorded on XX/XX/XXXX. In XXXX, XXXX XXXX signed the assignment as an officer of XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for the Benefit of XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX XXXX XXXX can not be Vice President and XXXX XXXX for this Nonexistent Trust. There is no trust officer appointed by this XXXX XXXX to actively manage the affairs of the trust. XXXX XXXX should indicate the real company she works for. And XXXX XXXX should indicate her real title of company she works for. I found XXXX XXXX on XXXX. XXXX XXXX XXXX page on XXXX identifies her as an employee of XXXX XXXX XXXX XXXX XXXX A robo-signed assignment is a void assignment, and a void assignment unravels the entire nonjudicial foreclosure. The Bank and Mortgage Servicer acted with malice by recording ( themselves ) an assignment of an interest it knew it did not possess, fully aware that the ensuing Notice of Default ( XXXX ) and all that followed were void. XXXX XXXX & XXXX XXXX fraudulently executed the assignment and XXXX XXXX & XXXX XXXX were nothing more than what has come to be known as robo-signer-an individual who simply signs thousands of property record documents without any legal or corporate authority whatsoever. XXXX XXXX and XXXX XXXX had signed the assignment on behalf of XXXX ( or beneficiary ) without adding behalf of and/or " as attorney in fact '' the chain of title would be broken, or the assignment would be facially defective. There is no proof of authority anywhere on the document, indicating that XXXX XXXX ( the signer ) & XXXX XXXX ( the singer ) had the authority to execute the instrument in that capacity, let alone have personal knowledge of its contents. Therefore, these assignments were void since a void assignment lacks any legal effect. XXXX XXXX and XXXX XXXX XXXX ( robo-signers ) signed notarization of these Assignments. These Mortgage assignments with signatures of individuals ( XXXX XXXX & XXXX XXXX ) signing as corporate officers for corporations that never employed them in any such capacity. Contracts that are entered into by someone without capacity, impossible contracts, contracts against public policy and contracts for illegal acts are void contracts. Assignments of the trust deed from the original mortgage holder ( XXXX ) to XXXX XXXX were void and therefore the foreclosure Notices ( Recording NOD NTS ) were invalid or void. XXXX XXXX lacked standing to bring the foreclosure action because it was not the owner of the Note when it filed the XXXX foreclosure action ( NOD ). These assignments were improperly executed by " robo signing agents or robo-signer '' and thus XXXX XXXX " does not have lawful ownership or a security interest in my home. Shellpoint does not have standing to foreclose on the subject property as it is not the holder in due course of the subject loan. I'm a victim of robo-signing. A valid Substitution of Trustee has never been made by a beneficiary with authority to appoint a successor trustee which states, The beneficiary may at any time remove a trustee for any reason or cause and appoint a successor trustee, and such appointment shall constitute a substitution of trustee. The recorded Substitution of Trustee fails to meet the requirements in that no document has ever been acknowledged that substitutes or appoints a trustee by an authorized Beneficiary or its agent. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid. A valid Substitution of Trustee to XXXX has never been made in accord with any contractual provision, California statute. Therefore, the Notice of XXXX XXXX XXXXs void as the cited Trustee has never been authorized to exercise a power of sale against the property. The XXXX Notice of Default was thus defective because it was recorded by an entity not yet properly substituted as the trustee. See Cal. Civ. Code Section 2934a ( stating that a trustee is properly substituted by the recording of a s substitution ) CCC Section 2934a ( b ) ( stating that if the substitution is executed prior to or concurrently with the recording of a Notice of Default, then Notice of the Substitution must be mailed on or before that recording date ) Section 2934a ( b ) requires that a Notice of Substitution of Trustee include notice of actual substitution. See Cal. Civ. Code Section 2934a ( b ) ( stating that the beneficiary or their authorized agent shall cause notice of the substitution to be mailed ) Here, XXXX was never substituted as the trustee, all actions taken by XXXX were invalid. Substitution of Trustee was never executed. Substitution of Trustee was never mailed. Substitution of Trustee was never recorded. This is in clear Violation of Section 2934a & 2934a ( b ). Since theres No Substitutions of Trustee ( Theres No appoint to new trustee XXXX ), XXXX can not file Notice of Default ( NOD ), Notice of Trustees Sale ( NOT ) against subject property. NOD recorded on XX/XX/XXXX and Notice of Trustees Sale ( NOT ) recorded on XX/XX/XXXX. Recordation of the NOD ( XXXX ) and NOT ( XXXX ) were Void because Notice XXXX XXXX XXXX Notice XXXX XXXX XXXX were not executed by authorized Trustee. XXXX & Shellpoint knew all these assignments of deed of trust, XXXX NOD, and XXXX NOT were void, invalid, and fraudulent. Only the original trustee ( XXXX ) or a properly substituted trustee may carry out a foreclosure, and substitutions of trustee must be recorded. Without a proper substitution of trustee, any foreclosure procedures ( including sales ) initiated by an unauthorized trustee are void. XXXX has No authority to sell my property. I face the prospect of losing my home due to the actions of an entity that has no power to foreclose because it does not own my Deed of Trust. There is no evidence as to what rights if any XXXX XXXX had in the subject Note and Deed of Trust or its relationship with XXXX. This defect was so substantial that it broke the chain of title and rendered the foreclosure sale void. Endorsement to the Mortgage Note : A copy of the original Note made payable to the originator is offered as evidence. Although there is adequate room on the note, no endorsement appears on the Note. An unattached XXXX XXXX is offered with no explanation as to why an allonge is necessary given that there is adequate room on the note for an endorsement. Nothing standing the lack of an endorsement on the actual note, the Endorsement allonge is not clear, not XXXX XXXX. Shellpoint, XXXX XXXX and XXXX have offered no competent evidence of standing : No Valid and No Certified Copy of Assignment of Deed of Trust. No endorsed Note to XXXX XXXX and no proof of Delivery Note. XXXX XXXX lacks standing, is not a Real Party in Interest, and offered no evidence that it is the current holder of the mortgage Note. No Certified Assignment is offered. The copy of the mortgage Note offered by the XXXX XXXX does not include a valid endorsement, in blank or otherwise nor any proof of acceptance or delivery of the note. Heres Assignments of DOT History. The Assignment ( recorded XX/XX/XXXX ), assigned to The XXXX XXXX XXXX XXXX, As Trustee for the Benefit of XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. The assignment ( recorded XX/XX/XXXX ), assigned to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for XXXX XXXX XXXX, XXXX, XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. Corrective Assignment of Deed of Trust ( recorded XX/XX/XXXX ), assigned to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX XXXX. However Shellpoint stated the owner of loan is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. The name of the owner of the loan is different from Assignments of Deed of Trust. They added the XXXX XXXX XXXX XXXX XXXX XXXX in assignee name themselves. But theres No Assignment assigned to The XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Theres no XXXX XXXX XXXX XXXX XXXX XXXX in Assignments of Deed of Trust. They created this fake name/fake entity without recording the Assignment of Deed of Trust XXXX XXXX XXXX XXXX XXXX Shellpoint stated Current Beneficiary full name ( owner of mortgage loan ) is The XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Shellpoint and XXXX should explain why Shellpoints beneficiary ( XXXX XXXX ) full name is different from Assignments beneficiaries ( XXXX, XXXX, XXXX ). Please read all assignments of DOT carefully. XXXX XXXX full name is different from these Assignments beneficiaries full name. There is no identification of the certificates nor any identification of the holders of the certificates. The certificates do not convey any right, title or interest to any debt, note or mortgage, nor any payment or proceeds arising from any loan. Thus no claim could be made for a loss on an investment that does not exist. There is no investment in loans directly or indirectly. There is no representative capacity. XXXX does not represent the interests of investors in the certificates. XXXX XXXX has no powers of administration, collection or enforcement over any debt, note or mortgage and in fact has no right to even make an inquiry as to the status of any loan. Neither XXXX XXXX nor the implied trust have ever paid value for the underlying dead, they could not possibly own the mortgage and therefore could not possibly authorize enforcement. The use of the name of XXXX XXXX might be authorized in an agreement with an investment bank to use the XXXX XXXX XXXX XXXX ( XXXX ) name as part of a license agreement, but such an agreement violates existing law by naming a party as an entity who has no claim. Since that is an agreement to violate the law, the authorization is a legal nullity. And that obviously means that the Foreclosure bill did not have any real authority or any contract under which it was authorized to file a foreclosure action that had a XXXX XXXX XXXX XXXX XXXX XXXX, or any trust or any investors. Loan Servicer Shellpoint has no operative relationship with XXXX XXXX because the named XXXX XXXX has no claim. Mortgage Servicer Shellpoint may have some agency with XXXX XXXX but that does not create the rights they seek to enforce. XXXX XXXX XXXX XXXX XXXX as trustee for the certificate holders is an exercise in deceit and fraud. XXXX XXXX is not making any appearance despite its name appearing in the title of the document or case. It is named as being a trustee which means by definition that it is not appearing on its own behalf but rather appearing on behalf of a trust. There is never any allegation in XXXX Certificates foreclosure action that states that the trust was organized and existing under the laws of some XXXX jurisdiction. FOR THE CERTIFICATE HOLDERS IS A DEAD GIVE-AWAY THAT THERE IS NO CREDITOR XXXX IS NOT A TRUSTEE FOR ANY CERTIFICATE HOLDERS BECAUSE THE CERTIFICATE HODLERS ARE NOT BENEIFICAIRIES OF ANY TRUST. Upon reviewing all of the Recorded Deeds, the Chain of Title clearly reflects that XXXX XXXX was never granted title by A VALID XXXX. Therefore, Shellpoint and XXXX had no authority to prosecute the foreclosure action. Clearly, Shellpoint and XXXX XXXX have failed to show standing and a proper chain of title of the note. Shellpoint, XXXX XXXX and XXXX have demonstrated that it lacks the right to initiate the pending non-judicial foreclosure. As Shellpoint has failed to meet its burden of proof to establish standing, the foreclosure on XX/XX/XXXX must be cancelled. XXXX instituted non-judicial foreclosure proceedings on a subject property. XXXX was not the trustee named in the deed of trust, so under Civil Code 2934, XXXX was required to record a Substitution of Trustee, but failed to do so. Failure to comply with state and federal law can result in serious consequences for the loan servicer Shellpoint. XXXX was not formally named as trustee until after they recorded the XXXX Notice of Default and XXXX Notice of Trustees Sale. Valid Mortgage holders did not execute a substitution formally naming the trustee delivering the XXXX Notice of Default as the substitute trustee until today. They didnt correct assignment before recording XXXX NOD against subject property. Shellpoint and XXXX must explain why entities full names in assignment of DOT are different from XXXX XXXX. Shellpoint and XXXX Certificate have no right to foreclose on my property because the last recorded assignment of deed of trust reflects that XXXX is the beneficiary, and not XXXX Certificate. See Assignment. XXXX XXXX and Shellpoint violated Cal. Civ. Code Section 2932.5 because they do not have the power of sale and have not demonstrated legal standing to foreclose upon subject property. The entity that issued the NOD to me on XX/XX/XXXX, acted before it had legal authority to do so pursuant to an assignment of the deed of trust. The foreclosing parties had no actual authority to foreclose my home. The foreclosing party did not have a recorded assignment in place under section XXXX, which XXXX XXXX was not actual the beneficiary and XXXX was not an authorized agent of beneficiary or trustee. It appears XXXX is attempting to act as agent to Servicer NewrezXXXXShellpoint XXXX but it is unclear on behalf of what entity it was acting and whether said entity had any interest in the subject property. The foreclosure was not initiated by the correct party. At the time of NOD ( XXXX ), there had been no assignment to XXXX XXXX. The wrong parties issued the Notice of Default. The threat of foreclosure by wrong party is sufficient to constitute prejudice to the homeowner because there is no power of sale without a valid Notice of Default. I was harmed by not knowing the true of Note. I was harmed by not being able to name the real party of interest. The XXXX Assignment & XXXX Assignment were void, and therefore the XXXX Notice of Default ( NOD ), and XXXX Notice of Trustee 's Sale, were void. Theres No Assignment assigned to XXXX XXXX and therefore the XXXX NOD and XXXX NOT were void. Theres No Substitute Trustee listing XXXX as Trustee, therefore XXXX NOD and XXXX NOT were void. Shellpoint, XXXX XXXX and XXXX did not have standing to foreclose on the Subject Property because none of them was the lender under the Loan, the holder of the Note, or the holder of a beneficial interest in the Deed of Trust. The Notice of Default ( NOD ) was unlawfully recorded in XXXX. Defects in the foreclosure process and the authority of XXXX to foreclose on my property. XXXX XXXX and Shellpoint lacked authority to appoint the Substitute Trustees. Foreclosure actions of Shellpoint and XXXX have resulted in borrower being threatened with the loss of the property. Shellpoint and XXXX intentionally, knowingly and recklessly misrepresented to me those agents of Shellpoint and XXXX were entitled to exercise the power of sale provision contained in the Deed of Trust. In fact, Shellpoint, XXXX XXXX, and XXXX were not entitled to do so and have no legal, equitable, or actual beneficial interest whatsoever in the subject property. Shellpoint, XXXX XXXX and XXXX began their fraudulent foreclosure proceedings, Shellpoint, XXXX XXXX and XXXX were not acting in good faith while attempting to collect on the subject debt. Shellpoint, XXXX XXXX and XXXX committed the acts set forth above with complete ; utter and reckless disregard of the probability of causing homeowner ( me ) to suffer severe emotional distress. As an actual and proximate cause of Shellpoint, XXXX XXXX and XXXX attempt to fraudulently foreclose on my home or claim of the right to foreclose on my home, I have suffered severe emotional distress, including but not limited to lack of sleep, XXXX, and XXXX. Shellpoint and XXXX committed fraud by filing a fraudulent assignment of mortgage from XXXX to Shellpoint ( as servicer ). XXXX filed NOD with actual knowledge that the averments and representations made in those papers were false. XXXX had actual knowledge of the falsity of any averments and representations made on behalf of the current servicer of the mortgage. Throughout the foreclosure action, Shellpoint and XXXX have represented that XXXX XXXX owns and holds the note and mortgage. I request a determination of the rights, obligations and interest of the parties with regard to the subject property, and such determination is necessary and appropriate at this time under circumstances so that all parties may ascertain and know their rights, obligations and interests with regard to the property. I request a determination of the validity of the Trust Deeds as of the date the Notes were assigned without a concurrent assignation of the underlying Trust Deeds. I request a determination of the validity the XXXX NOD. I request a determination of whether XXXX XXXX and XXXX have authority to foreclose on subject property ( my property ).
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92833
Submitted Via: Web
Date Sent: 2023-09-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-17
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Shellpoint mortgage company has ruined our credit by reporting a 30 day late on our credit history, I contacted one of their representatives through email and requested for her to process the XXXX payment in XXXX and XXXX payment in XXXX, 1 day prior to the deadline, each month for both payments, the representative did not process the payments in a timely manner, I disputed the information but they did fix the issue, I am submitting proof of the email and hope this is issue gets resolved. Thank you,
Company Response: Company believes complaint represents an opportunity for improvement to better serve consumers
State: CA
Zip: 925XX
Submitted Via: Web
Date Sent: 2023-09-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-16
Issue: Struggling to pay mortgage
Subissue: Trying to communicate with the company to fix an issue related to modification, forbe
Consumer Complaint: Im getting notices from Mortgage Servicer Shellpoint Mortgage Servicing ( Shellpoint ) and XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ) threatening me with foreclosure. Shellpoint and XXXX falsely represented to Borrower that their ( Shellpoints ) attorney was meaningfully involved in preparing and filing the foreclosure action ( Recording NOD NOT ), violating the Fair Debt Collection Practices Acts ( FDCPA ) prohibition against collecting debts by using false, deceptive, or misleading representations and the Consumer Financial Protection Acts prohibition against deceptive acts and practices. The mortgage Note and Deed of Trust ( DOT ) & Assingnments of DOT in question was originated by XXXX XXXX XXXX XXXX XXXX XXXX. This Mortgage Loan was originated on XX/XX/XXXX. The Deed of Trust listed XXXXXXXX XXXX XXXX as the lender, XXXX XXXX, XXXX. as the trustee. I was a borrower of this Mortgage XXXX. The Deed of Trust identifies me as the Borrower. I sent documents to Shellpoint numerous times. In XXXX, I sent Notice of Error ( NOE ) and Request for Information ( RFI ) to Mortgage Loan Servicer Shellpoint Mortgage Servicing ( Shellpoint ). Shellpoint Mortgage Servicing is a division of Newrez LLC. ( Newrez ). Shellpoint responded to my NOE & RFI. However, Shellpoint did not answer most of my NOEs & RFIs. Shellpoints deficient foreclosure policies and procedures violate Regulation X. They failed to ensure that Shellpoint receives accurate and current information reflecting its foreclosure attorneys actions. In fact, Shellpoint has failed to accurately maintain foreclosure-related information necessary to ensure that it provides borrower with required foreclosure protections. As a result of these and other failures, Shellpoints Trustee XXXX have wrongfully initiated foreclosure proceedings. Shellpoint and XXXX sent me an inaccurate payoff quote that caused the borrowers pending property sale to fall through. Shellpoint failed to comply with foreclosure restrictions in Regulation X and other federal and state restrictions in order to ensure that homeowner has an opportunity to save my home before foreclosure is initiated. I found that Shellpoint provided inaccurate descriptions of payments and transaction information, which may have misled borrower. This is unfair practice and violation by mortgage servicer Shellpoint. Shellpoint violated the RESPA, which prohibits, among other things, providing something of value to any person with an agreement or understanding that the person will refer real estate settlement services. Mortgage Servicers must comply with the error resolution and information requests provision. Shellpoint has failed to protect borrower when it has made servicing errors. Shellpoints errors at loan servicing stage have made it even more important that the company adequately investigate and respond to me complaints and notices of errors & request for information. These functions can act as a safety net to catch borrowers before borrower further harmed by a servicers unlawful conduct. Here, too, Shellpoint has failed. Shellpoint has routinely failed to reasonably investigate, and, when appropriate, make corrections in response to me complaints and notices of errors & request for information. These failures have caused serious harm to me. As a result of Shellpoints above policies and procedures, which also apply to NOEs, Shellpoint has failed to conduct reasonable investigations and/or, where appropriate, make corrections of errors in my Notice of Error & Request for Information. Shellpoint has not responded to all notice of errors or information request that I sent. Shellpoint failed to provide my Request for Information ( RFI ) and Shellpoint also failed to correct errors in Notice of Default, Broken Chain of Title, etc. Shellpoint, BNYM Certificate, Foreclosure Trustee did not file rescission of notice of default. Shellpoint just stated the Owner of Mortgage Loan is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Shellpoint is acting on the BNYM Certificate 's behalf. Mortgage Loan Servicers and Trustee violated various state and federal laws in initiating a non-judicial foreclosure of subject property. Mortgage Loan Servicers participated and conspired with XXXX XXXX in the FRAUDULENT TRANSFER ( Fraudulent Assignments of Deed of Trust ) of the Subject Property. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ) suddenly appeared in foreclosure actions ( recorded Notice of Default, Notice of Trustees Sale ). XXXX called themselves Trustee. Notice of Default was filed in XXXX, listing XXXX as the XXXX for XXXX. Notice of Default was executed on XX/XX/XXXX by XXXX XXXX acting as authorized agent for XXXX. Shellpoint and XXXX do not have the authority to foreclose on my home because Shellpoint, XXXX XXXX and XXXX do not own the note, have not followed proper foreclosure procedures, have not complied with certain statutory mandates, and XXXX XXXX. I believe my original mortgages debt was satisfied and XXXX lost any beneficial interest in my mortgage when my mortgage securitized the note and sold it to third parties and documents effecting the foreclosure process were invalid because they were improperly recorded and/or signed by someone who lacked the requisite personal knowledge and/or authority to sign. Gap in the chain of title prior to assignment of deed of trust causes the assignment and assigned deeds to be void. Assignment of the Loan is a fraud and forgery and, even if it were not, there is broken chain of assignments from XXXX to XXXX XXXX. Assignment to XXXX XXXX is invalid and demonstrates a break in the chain of assignments of the Deed of Trust and Note. Shellpoint or XXXX XXXX thus has no standing to foreclose as a real party in interest. Shellpoint, XXXX XXXX and XXXX failed to timely inform me of any alleged Appointments, Assignments and transfers of the mortgage in violation of RESPA. Shellpoint, XXXX XXXX and XXXX failed to timely notify me of any change of servicers, and I have made written demands to Shellpoint to show evidence of standing to claim a debt but Shellpoint, XXXX XXXX and XXXX have refused to evidence such standing. XXXX and Shellpoint are without standing to pursue this foreclosure action. XXXX XXXX Shellpoint have represented that XXXX XXXX owns and holds the note and mortgage. However, XXXX Certificates assignments of the Mortgage or Deed of Trust ( Assignments ) were executed by a legal entity that was no longer in existence on the date the document was executed. Assignments of the mortgage or Deed of Trust were executed by an entity whose name is different from the entity named in the original document. XXXX XXXX does not have an interest in the property because the assignments of original Deed of Trust were not properly executed for a variety of reasons. Assignments of the mortgage from XXXX to XXXX XXXX had been robo-signed. Every robo-signed document is XXXX as a matter of law. The assignment ( recorded in XXXX ) was void because XXXX XXXX XXXX was a robo-signer. XXXX XXXX also lacked authority to act on behalf of XXXX or XXXX, therefore the XXXX assignment was unauthorized. It appears to have been executed on behalf of MERS by the same person, XXXX XXXX, who executed the assignments on behalf of XXXX XXXX XXXXXXXX and other companies. I discovered the signature of " XXXX XXXX XXXX '' but with many different titles of multiple entities. On XX/XX/XXXX, XXXX XXXX signed for XXXX XXXX XXXXXXXX As Attorney In Fact for XXXXXXXX XXXX XXXX by Power of Attorney Recorded on Document Number XXXX as Assistant Vice President. On XX/XX/XXXX, XXXX signed for XXXX XXXXXXXX XXXX As Attorney In Fact for XXXX XXXX XXXX by Power of Attorney Recorded on Document Number XXXX as Assistant Vice President. At the same period of time ( On or about XX/XX/XXXX ), XXXX XXXX signed for Mortgage XXXX XXXX XXXX XXXX XXXX XXXX XXXX for XXXX XXXX XXXX XXXX XXXX XXXX, Successor By Merger to XXXX XXXX XXXXXXXX Its Successor and Assigns as Assistant Secretary ( XXXX Assignment of Deed of Trust ). XXXX XXXX signed this XXXX Corrective Assignment of Deed of Trust ( Subject Property ). XXXX XXXX, who signed the XXXX assignment, as Assistant Secretary of Mortgage XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), appears to be the same individual who claimed to be both Assistant Secretary of XXXX and Assistant Vice President of XXXX XXXX XXXXXXXX. The intervening assignments are invalid because the individual who " robo-signed '' the assignment on behalf oXXXX XXXX XXXX XXXX XXXX fraudulently held herself out as assistant secretary for XXXX when she was instead an employee of XXXX XXXX XXXXXXXX XXXX XXXX companies. Signature must be signed by a XXXX XXXX XXXX acting within the scope of his/her authority from XXXX Title must be one he/she holds as a real officer of XXXX. XXXX XXXX is not real officer of XXXX. A signer XXXX XXXX actually lacked an agency relationship with XXXX XXXX XXXX also signed the documents ( Assignments of Deed of Trust ) on behalf of many other companies/different entities. This Robo-signed XXXX assignment ( Subject Property ) is void and invalid. XXXX is a XXXX XXXX created by the mortgage banking institutions that used to be lenders and are now servicers the pretender-lenders. XXXX has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as nominee. XXXX has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee. XXXX is described as the nominee for the specifically named lender who is just an originator selling a financial product as described above. XXXX is used as a cover-up. It effectively hides the title gap in plain sight. The execution of an assignment or corrective assignment presumes that it is acting as an agent for whoever is currently named as the claimant, beneficiary. But no such agency exists in fact or at law. The execution of a security instrument ( mortgage or loan ) by a self-proclaimed servicer ( which performs no servicing duties with respect to receipts data processing and disbursement of money from homeowners ) on behalf of a new entity appointed to be the claimant, beneficiary. But the execution of the assignment by XXXX on behalf of XXXX after the collapse of countrywide. it does not exist. And XXXX XXXX XXXX did not acquire any ownership interest in any homeowner transactions because countrywide didnt own any such interest. So while XXXX XXXX XXXX was a successor to XXXX, the foreclosure team is relying on appearances in order to get the court to presume that the merger created a transfer of the ownership of the unpaid nonexistent loan account receivable of the mortgage rights from XXXX as originator to XXXX XXXX XXXXXXXX. In such mergers, there is no Mortgage Loan Schedule, nor any written assignment of mortgage. Since the law requires the assignment, the presumption that the transfer could occur without an assignment of mortgage is erroneous. The document is supposedly executed by someone calling themselves an assistant secretary. But note that it does not say that the signor ( XXXX XXXX ) was the assistant secretary of XXXX. There is mention of XXXX it includes the phrase its successors and assigns such that it is unclear from the grammar utilized whether there is a successor to XXXX or a successor for the principal in the agency agreement between XXXX and the originator ( XXXXXXXX XXXX XXXX. But there is no succession to either one unless ( a ) someone bought or merged with XXXX or ( b ) someone bought loan accounts receivable from XXXX. Such a sale wouldve been impossible because, by the time of the merger, XXXX had only reserved servicing rights which really only meant the claim to receive servicer advances upon liquidation of a foreclosed property. So there is no XXXX successor and there is no XXXX successor as it relates to either the actual presumed transfer of the alleged underlying obligationXXXX XXXX has no role in the origination or original funding of the mortgages or deeds of trust for which it serves as nominee. XXXX has no legal or beneficial interest in the promissory note underlying the security instrument for which it serves as nomineeXXXX XXXX has no legal or beneficial interest in the loan instrument underlying the security instrument for which it serves as nominee Theres No document authorizing XXXX, as nominee for the original lender ( XXXX ), to assign the subject mortgage to the foreclosing trustee. Hence, XXXX lacked authority as mere nominee to assign my mortgage, making any assignment from original lender or XXXX defective. XXXX, as the nominee not only lacks authority to assign the mortgage, but can not demonstrate the trustees knowledge or assent to the assignment by XXXX to the foreclosure trustee. Any attempt to transfer the beneficial interest of a trust deed without actual ownership of the underlying note, is void under law. XXXX XXXX signed for this XXXX XXXX. XXXX XXXX signed for false beneficiary and MERS illegally named as Assignee/Beneficiary. XXXX named Mortgage XXXX ( XXXX XXXXXXXX XXXX etc. ) as Assignee in XXXX Assignment. XXXX assigned to False Beneficiary/False Assignee or An Impossible Beneficiary. See XXXX XXXX XXXX ( stating a servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is or was the owner of the obligation ) XXXX XXXX signed the Assignment of Deed of Trust recorded on XX/XX/XXXX. In XXXX, XXXX XXXX signed the assignment as an XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as Trustee for the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX XXXX XXXX can not be Vice President and Assistant Secretary for this Nonexistent Trust. There is no trust officer appointed by this Nonexistent Trust to actively manage the affairs of the trust. XXXX XXXX should indicate the real company she works for. And XXXX XXXX should indicate her real title of company she works for. I found XXXX XXXX on XXXX. XXXX XXXX profile page on XXXX identifies her as an employee of XXXX XXXX XXXX XXXX XXXX A robo-signed assignment is a void assignment, and a void assignment unravels the entire nonjudicial foreclosure. The Bank and Mortgage Servicer acted with malice by recording ( themselves ) an assignment of an interest it knew it did not possess, fully aware that the ensuing Notice of Default ( XXXX ) and all that followed were void. XXXX XXXX & XXXX XXXX fraudulently executed the assignment and XXXX XXXX & XXXX XXXX were nothing more than what has come to be known as robo-signer-an individual who simply signs thousands of property record documents without any legal or corporate authority whatsoever. XXXX XXXX and XXXX XXXX had signed the assignment on behalf of XXXX ( or beneficiary ) without adding behalf of and/or " as attorney in fact '' the chain of title would be broken, or the assignment would be facially defective. There is no proof of authority anywhere on the document, indicating that XXXX XXXX ( the signer ) & XXXX XXXX ( the singer ) had the authority to execute the instrument in that capacity, let alone have personal knowledge of its contents. Therefore, these assignments were void since a void assignment lacks any legal effect. XXXX XXXX and XXXX XXXX XXXX ( robo-signers ) signed notarization of these Assignments. These Mortgage assignments with signatures of individuals ( XXXX XXXX & XXXX XXXX ) signing as corporate officers for corporations that never employed them in any such capacity. Contracts that are entered into by someone without capacity, impossible contracts, contracts against public policy and contracts for illegal acts are void contracts. Assignments of the trust deed from the original mortgage holder ( XXXX ) to XXXX XXXX were void and therefore the foreclosure Notices ( Recording NOD NTS, etc. ) were invalid or void. XXXX XXXX lacked standing to bring the foreclosure action because it was not the owner of the Note when it filed the XXXX foreclosure action ( NOD ). These assignments were improperly executed by " robo signing agents or robo-signer '' and thus XXXX XXXX " does not have lawful ownership or a security interest in my home. Shellpoint does not have standing to foreclose on the subject property as it is not the holder in due course of the subject loan. I'm a victim of robo-signing. A valid Substitution of Trustee has never been made by a beneficiary with authority to appoint a successor trustee which states, The beneficiary may at any time remove a trustee for any reason or cause and appoint a successor trustee, and such appointment shall constitute a substitution of trustee. The recorded Substitution of Trustee fails to meet the requirements in that no document has ever been acknowledged that substitutes or appoints a trustee by an authorized Beneficiary or its agent. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid. A valid Substitution of Trustee to XXXX has never been made in accord with any contractual provision, California statute. Therefore, the Notice XXXX XXXX XXXX is void as the cited Trustee has never been authorized to exercise a power of sale against the property. The XXXX Notice of Default was thus defective because it was recorded by an entity not yet properly substituted as the trustee. See Cal. Civ. Code Section 2934a ( stating that a trustee is properly substituted by the recording of a s substitution ) CCC Section 2934a ( b ) ( stating that if the substitution is executed prior to or concurrently with the recording of a Notice of Default, then Notice of the Substitution must be mailed on or before that recording date ) Section 2934a ( b ) requires that a Notice of Substitution of Trustee include notice of actual substitution. See Cal. Civ. Code Section 2934a ( b ) ( stating that the beneficiary or their authorized agent shall cause notice of the substitution to be mailed ) Here, XXXX was never substituted as the trustee, all actions taken by XXXX were invalid. Substitution of Trustee was never executed. Substitution of Trustee was never mailed. Substitution of Trustee was never recorded. This is in clear Violation of Section 2934a & 2934a ( b ). Since theres No Substitutions of Trustee ( Theres No appoint to new trustee XXXX ), XXXX can not file Notice of Default ( NOD ), Notice of Trustees Sale ( NOT ) against subject property. NOD recorded on XX/XX/XXXX and Notice of Trustees Sale ( NOT ) recorded on XX/XX/XXXX. Recordation of the NOD ( XXXX ) and NOT ( XXXX ) were Void because XXXX NOD & XXXX NOT were not executed by authorized Trustee. XXXX & Shellpoint knew all these assignments of deed of trust, XXXX NOD, and XXXX NOT were void, invalid, and fraudulent. Only the original trustee ( XXXX ) or a properly substituted trustee may carry out a foreclosure, and substitutions of trustee must be recorded. Without a proper substitution of trustee, any foreclosure procedures ( including sales ) initiated by an unauthorized trustee are void. XXXX has No authority to sell my property. I face the prospect of losing my home due to the actions of an entity that has no power to foreclose because it does not own my Deed of Trust. There is no evidence as to what rights if any XXXX XXXX had in the subject Note and Deed of Trust or its relationship with XXXX. This defect was so substantial that it broke the chain of title and rendered the foreclosure sale void. Endorsement to the Mortgage Note : A copy of the original Note made payable to the originator is offered as evidence. Although there is adequate room on the note, no endorsement appears on the Note. An unattached Endorsement Allonge is offered with no explanation as to why an allonge is necessary given that there is adequate room on the note for an endorsement. Nothing standing the lack of an endorsement on the actual note, the Endorsement allonge is not clear, not XXXX XXXX. Shellpoint, XXXX XXXX and XXXX have offered no competent evidence of standing : No Valid and No Certified Copy of Assignment of Deed of Trust. No endorsed Note to XXXX XXXX and no proof of Delivery Note. XXXX XXXX lacks standing, is not a Real Party in Interest, and offered no evidence that it is the current holder of the mortgage Note. No Certified Assignment is offered. The copy of the mortgage Note offered by the XXXX XXXX does not include a valid endorsement, in blank or otherwise nor any proof of acceptance or delivery of the note. Heres Assignments of DOT History. The Assignment ( recorded XX/XX/XXXX ), assigned to The Bank XXXX New York, As Trustee for the Benefit of XXXX XXXX XXXXXXXX XXXX XXXX XXXX-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. The assignment ( recorded XX/XX/XXXX ), assigned to Bank XXXX New York XXXX XXXX XXXX Bank XXXX New York, as Trustee for XXXX XXXX XXXX, XXXX, XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. Corrective Assignment of Deed of Trust ( recorded XX/XX/XXXX ), assigned to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX XXXX. However Shellpoint stated the owner of loan is XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX as Trustee for the XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass-Through Certificates, Series XXXX. The name of the owner of the loan is different from Assignments of Deed of Trust. They added the XXXX XXXX XXXX XXXX XXXX XXXX in assignee name themselves. Theres no XXXX XXXX XXXX XXXX XXXX XXXX in Assignments of Deed of Trust. They created this fake name/fake entity without recording the Assignment of Deed of Trust XXXX XXXX XXXX XXXX XXXX Shellpoint stated Current Beneficiary full name ( owner of mortgage loan ) is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Mortgage Pass-Through Trust XXXX, Mortgage Pass Through Certificates, Series XXXX ( XXXX XXXX ). Shellpoint and XXXX should explain why XXXX beneficiary ( XXXX XXXX ) full name is different from Assignments beneficiaries ( XXXX, XXXX, XXXX ). Please read all assignments of DOT carefully. XXXX XXXX full name is different from these Assignments beneficiaries full name. There is no identification of the certificates nor any identification of the holders of the certificates. The certificates do not convey any right, title or interest to any debt, note or mortgage, nor any payment or proceeds arising from any loan. Thus no claim could be made for a loss on an investment that does not exist. There is no investment in loans directly or indirectly. There is no representative capacity. XXXX does not represent the interests of investors in the certificates. XXXX XXXX has no powers of administration, collection or enforcement over any debt, note or mortgage and in fact has no right to even make an inquiry as to the status of any loan. Neither XXXX XXXX nor the implied trust have ever paid value for the underlying dead, they could not possibly own the mortgage and therefore could not possibly authorize enforcement. The use of the name of XXXX XXXX might be authorized in an agreement with an investment bank to use the XXXX XXXX XXXX XXXX XXXX XXXX XXXX name as part of a license agreement, but such an agreement violates existing law by naming a party as an entity who has no claim. Since that is an agreement to violate the law, the authorization is a legal nullity. And that obviously means that the Foreclosure bill did not have any real authority or any contract under which it was authorized to file a foreclosure action that had a XXXX XXXX XXXX XXXX XXXX XXXX or any trust or any investors. Loan Servicer Shellpoint has no operative relationship with XXXX XXXX because the named XXXX XXXX has no claim. Mortgage XXXX Shellpoint XXXX have some agency with XXXX XXXX but that does not create the rights they seek to enforce. Bank XXXX New York XXXX as trustee for the certificate holders is an exercise in deceit and fraud. XXXX XXXX is not making any appearance despite its name appearing in the title of the document or case. It is named as being a trustee which means by definition that it is not appearing on its own behalf but rather appearing on behalf of a trust. There is never any allegation in XXXX Certificates foreclosure action that states that the trust was organized and existing under the laws of some U.S. jurisdiction. FOR THE CERTIFICATE HOLDERS IS A DEAD GIVE-AWAY THAT THERE IS NO CREDITOR BNYM IS NOT A TRUSTEE FOR ANY CERTIFICATE HOLDERS BECAUSE THE CERTIFICATE HODLERS ARE NOT BENEIFICAIRIES OF ANY TRUST. Upon reviewing all of the Recorded Deeds, the Chain of Title clearly reflects that XXXX XXXX was never granted title by A VALID GRANTOR. Therefore, Shellpoint and XXXX had no authority to prosecute the foreclosure action. Clearly, Shellpoint and XXXX XXXX have failed to show standing and a proper chain of title of the note. Shellpoint, XXXX XXXX and XXXX have demonstrated that it lacks the right to initiate the pending non-judicial foreclosure. As Shellpoint has failed to meet its burden of proof to establish standing, the foreclosure on XX/XX/XXXX must be cancelled. XXXX instituted non-judicial foreclosure proceedings on a subject property. XXXX was not the trustee named in the deed of trust, so under XXXX XXXX XXXX, XXXX was required to record a Substitution of Trustee, but failed to do so. Failure to comply with state and federal law can result in serious consequences for the loan servicer Shellpoint. XXXX was not formally named as trustee until after they recorded the XXXX Notice of Default and XXXX Notice of Trustees Sale. Valid Mortgage holders did not execute a substitution formally naming the trustee delivering the XXXX Notice of Default as the substitute trustee until today. They didnt correct assignment before recording XXXX NOD against subject property. They must explain why entities full names in assignment of DOT are different from XXXX XXXX. Shellpoint and XXXX XXXX have no right to foreclose on my property because the last recorded assignment of deed of trust reflects that XXXX is the beneficiary, and not BNYM Certificate. See Assignment. XXXX XXXX and Shellpoint violated Cal. Civ. Code Section 2932.5 because they do not have the power of sale and have not demonstrated legal standing to foreclose upon subject property. The entity that issued the NOD to me on XX/XX/XXXX, acted before it had legal authority to do so pursuant to an assignment of the deed of trust. The foreclosing parties had no actual authority to foreclose my home. The foreclosing party did not have a recorded assignment in place under section XXXX, which XXXX XXXX was not actual the beneficiary and XXXX was not an authorized agent of beneficiary or trustee. It appears XXXX is attempting to act as agent to Servicer Shellpoint, but it is unclear on behalf of what entity it was acting and whether said entity had any interest in the subject property. The foreclosure was not initiated by the correct party. At the time of NOD ( XXXX ), there had been no assignment to XXXX XXXX. The wrong parties issued the Notice XXXX XXXX. The threat of foreclosure by wrong party is sufficient to constitute prejudice to the homeowner because there is no power of sale without a valid Notice of Default. I was harmed by not knowing the true of Note. I was harmed by not being able to name the real party of interest. The XXXX Assignment & XXXX Assignment were void, and therefore the XXXX Notice of Default ( NOD ), and XXXX Trustee 's Sale Notice, were void. Theres No Substitute Trustee and therefore XXXX Notice of Default and XXXX Notice of Trustees Sale were void. Shellpoint, XXXX XXXX, XXXX did not have standing to foreclose on the Subject Property because none of them was the lender under the Loan, the holder of the Note, or the holder of a beneficial interest in the Deed of Trust. Again, ( 1 ) The assignment of the deed of trust to XXXX XXXX was unlawfully recorded and void. ( XXXX ) The substitution of the trustee from XXXX to XXXX was void. ( XXXX ) The Notice of Default ( NOD ) was unlawfully recorded in XXXX. Defects in the foreclosure process and the authority of XXXX to foreclose on my property. XXXX XXXX and Shellpoint lacked authority to appoint the XXXX XXXX. Foreclosure actions of Shellpoint and XXXX have resulted in borrower being threatened with the loss of the property. Shellpoint and XXXX intentionally, knowingly and recklessly misrepresented to me those agents of Shellpoint and XXXX were entitled to exercise the power of sale provision contained in the Deed of Trust. In fact, Shellpoint, XXXX XXXX, and XXXX were not entitled to do so and have no legal, XXXX, or actual beneficial interest whatsoever in the subject property. Shellpoint, XXXX XXXX and XXXX began their fraudulent foreclosure proceedings, Shellpoint, XXXX XXXX, and XXXX were not acting in good faith while attempting to collect on the subject debt. Shellpoint, XXXX XXXX and XXXX committed the acts set forth above with complete ; utter and reckless disregard of the probability of causing homeowner ( me ) to suffer severe emotional distress. As an actual and proximate cause of Shellpoint, XXXX XXXX and XXXX attempt to fraudulently foreclose on my home or claim of the right to foreclose on my home, I have suffered severe emotional distress, including but not limited to lack of sleep, XXXX XXXX XXXXXXXX. Shellpoint and XXXX committed fraud by filing a fraudulent assignment of mortgage from XXXX to Shellpoint ( as servicer ). XXXX filed NOD with actual knowledge that the averments and representations made in those papers were false. XXXX had actual knowledge of the falsity of any averments and representations made on behalf of the current servicer of the mortgage. Throughout the foreclosure action, Shellpoint and XXXX have represented that XXXX XXXX owns and holds the note and mortgage. I request a determination of the rights, obligations and interest of the parties with regard to the subject property, and such determination is necessary and appropriate at this time under circumstances so that all parties may ascertain and know their rights, obligations and interests with regard to the property. I request a determination of the validity of the Trust Deeds as of the date the Notes were assigned without a concurrent assignation of the underlying Trust Deeds. I request a determination of the validity the Notice of Default ( XXXX NOD ). I request a determination of whether Shellpoint, XXXX XXXX and XXXX have authority to foreclose on subject property ( my property ).
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92833
Submitted Via: Web
Date Sent: 2023-09-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-15
Issue: Closing on a mortgage
Subissue: Trying to communicate with the company to fix an issue with the loan closing
Consumer Complaint: The home that was left to me by my late grandfather is in foreclosure. I have stressed how to get the house out of foreclosure after the XXXX disaster. I have no other option at this time but to sell the property. I have requested a payoff letter b/c I have a buyer. We are ready to close they sent me a payoff letter that did not reflect the Loss of draft surplus funds. I requested a payoff letter on XX/XX/2023 it took a few days to get the payoff letter which didn't include the surplus funds in the amount of {$15000.00}. I asked if could there be another payoff sent with the correct numbers she never told me that I had to write a letter stating that I wished to have the funds applied to the payoff. They were being deceitful by leaving off that information knowing the property was being sold. why would you not provide the full overview of the account if a payoff implies there is going to be a sale or a settlement of the account? instead, she directed me to speak with loss draft I spoke to their supervisor on or around XX/XX/2023, and the supervisor then told me to send a letter to request to apply the loss draft funds to the account which I sent on XXXX XXXX XXXX XXXX XXXX XXXX No one is helping me resolve which seems like a easy task to show that there are addition funds that should be applied to the pay off letter. ALL I AM TRYING TO DO IS OBTAIN A PAYOFF LETTER THAT SHOWS THE PAYOFF AMOUNT AFTER THE LOSS DRAFT FUNDS HAVE BEEN APPLIED. AS OF TODAY SPEAKING WITH XXXX XXXX she tried to contact the departments and no one answered her. SO WE GOT NO WHERE. I don't know what to do anymore. after speaking with the loss draft dept. rep XXXX who says they are the depart that handles the payoff request has not received my letter and has no open report. after I became very frustrated I asked him to send me written instructions on how to resolve this process he refused to send it on paper via email it US mail. I told him I needed an outline of what to do because the direction over the phone had held me up for over a month and I had no resolution. I am afraid my buyer will walk away from the sale if they don't send me a payoff letter including the loss draft funds. Every department is sending me to another. None of them took the time to speak with one another directly. So each Time I call it is something new. I am frustrated and ready to give up. I already have anxiety and can't sleep at night because of this. This taking a toll on me XXXX and my health is at risk.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 122XX
Submitted Via: Web
Date Sent: 2023-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-15
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue: Delays in the application process
Consumer Complaint: XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. XXXXXXXX XXXX XXXXXXXX Fax XXXX XXXX Cell XXXX XXXX XXXX XXXX Re : Complaint XXXX XXXX, XXXX. XXXX XXXX and XXXX XXXX XXXX XXXX. XXXX Property ; XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX On behalf of my clients, XXXX XXXX XXXX and XXXX XXXX, I would like to file a complaint against Newrez, LLC. * My wife and I have been customers of Newrez, for over four years, they hold a mortgage on one of our properties, a condominium located in XXXX XXXXXXXX XXXX We entered into a contract to purchase another condo in felt that as we had a track record with Newrez, they would be a good Mortgage company to apply to for our mortgage on the property we contracted to purchase. We signed a contract to purchase the property on XX/XX/2023, with a closing date for cash on XX/XX/2023. We contacted Newrez and applied a few days later. We sent them a copy of the contract and they were well aware of the closing parameters. We understood that they would be able to process a loan in 30 days, which would have been before XX/XX/XXXX, and Newrez to settle with us would have given us a margin of time to close on XX/XX/2023. Our application was for a 20 % cash down and a mortgage for 80 %. Newrez processed our account under the name of XXXX XXXX XXXX, and XXXX XXXX XXXX. XXXX XXXX application was not acted on because of his age ( 81 years ), but XXXX XXXX received a tentative approval on XX/XX/2023. She was told the mortgage would have to be in her name only. It is my belief, and I am filing this complaint because, the company turned me down because of my age which is XXXX. ___________________ Newrez continue to ask for many documentations, sometimes the same request was made after we complied, two or three more times and for the same documents. We were always told that they just needed a few more days. Our closing came and went and because they did not approve or disapprove our loan application, we lost our basic deposit of {$5000.00}. We also lost another XXXX XXXX for appraisals and application to the condominium association. I made a demand to Newrez, to settle with us for {$6000.00}. It was never addressed. We never received a rejection or approval of our application. I believe that we were discriminated against because of my age and that they did not comply with their own in-house review of our application in a timely manner. We believe that they were stalling the loan. The loan processor we dealt with was XXXX XXXX ( contact information : XXXX XXXX XXXX XXXX XXXX XXXX XXXX Phone XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Address XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXXXXXX XXXX XXXX ). I am interested in pursuing this complaint for my wife and my self, also as the executive director of a large pro bono law firm that provides legal services to those who can not afford an attorney. If this mortgage company will treat people like my self and my wife, XXXX XXXX XXXX XXXX XXXX how are they treating the average American. My agency has defended a number of suits against Newrez and Shellpoint, their sister mortgage service company, and we have a very good track record defending folks against these corporations. If you need any documentation will be happy to provide them, I have a complete file of all emails and documents that were involved in this transaction. Be Safe and God Bless, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX
Company Response:
State: FL
Zip: 33611
Submitted Via: Web
Date Sent: 2023-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-15
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: On XX/XX/2022 I was approved for a payment plan to avoid becoming delinquent on my mortgage. I received a letter from Shellpoint going over the terms and a breakdown of the entire payment schedule. I completed every payment and on time as directed by Shellpoint but I found out recently that my credit took a plummet because during the entire time I was on the payment plan, making these payments, Shellpoint was reporting me late! How can they report me late when I have record of the payments made, at times even making more than the agreed on amount! This is not fair because I kept my end of the agreement and I feel they are falsely reporting information. If I had known they were still going to report me late, even though I wasn't, I would have never agreed to these terms!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 77459
Submitted Via: Web
Date Sent: 2023-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-15
Issue: Trouble during payment process
Subissue: Trying to communicate with the company to fix an issue while managing or servicing yo
Consumer Complaint: It is now XXXX XXXX, XXXX, NewRez Mortg offers a change in payments in regards to monthly vs biweekly. The form is impossible to find which means you have to call. The ONLY people you can speak to are initial customer service reps. Any other department the customer is refused a transfer. The offer is to USPS mail any paperwork or fax. The mortgage company is capable and does electronic drafts so why can't a customer access any modern day business industry standard communication. The company either misplaces your expected email or doesn't receive the forms you are trying to provide. Changing my payments to biweekly has taken me over two months with REPEATED requests and followups on my end only. I do not know how the lack of electronic access has impacted other customers but it is frustrating and should be considered an unacceptable business standard. The only email the customer receives is a vague appreciation for contacting the business with no follow up.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94533
Submitted Via: Web
Date Sent: 2023-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-14
Issue: Trouble during payment process
Subissue: Fees charged
Consumer Complaint: I was in contact with Shellpoint when my mortgage was bought. There was a XXXX payment that was rejected from a MN home help grant company. Shellpoint could see this rejected payment. This payment would have caught up the loan and prevented any further fees. Shellpoint continues to assess inspection fees on XX/XX/23, XX/XX/23 and XX/XX/23, {$30.00} for each date. Shellpoint refused a payment from a grant company in order to access more fess to my account. I was in contact with Shellpoint continuously while waiting for my resubmitted payment to post, however they said when they receive a batch of payments it takes 7-14 days to post. The payment did eventually post and my account is current, however there were so many inconsistencies with contacting them in regards to fees, balance info and payment information. I feel there was additional fees and finance charge amounts assessed, as a result of them not promptly posting the original payment. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - -- -- - XX/XX/23 - spoke with XXXX. ShellPoint : XX/XX/23 {$6200.00} pmt, cancelled. XX/XX/23 {$6200.00} rejected sent was rejected XX/XX/23. Please see timeline it took to notify me. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - -- -- -- -- -- -- -- - spoke with : XX/XX/23 XXXX XXXXshellpoint Didn't have access to XXXX. Take up to 30 days to have loan transfer to new company. Rejected by previous servicer. Don't know why payment rejected. Was there a charge posted for the inspector that came out on Monday? Doesn't see at this time. They send invoice. Usually fee is {$30.00} {$30.00} was charge on XX/XX/23. Invoice received on XX/XX/23. XX/XX/23. Name of company checking house : XXXX. Confirming if payment received. Have not received funds yet. Status of loan was sent on XX/XX/23, sent to MN home help From experience of XXXX, funds are sent in batch. 7-14 days for payment to be applied. Balance of acct : {$81000.00}, as of XX/XX/23 Current payment : {$7300.00}, as of XX/XX/23 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- spoke with : XX/XX/23 XXXX Can take 7-14 days to post on acct., Don't see at this time Sent over to dept an email to allocate the funds once received. {$81000.00} $ XXXXpayments without fees {$7300.00} total w/o fees {$30.00} XX/XX/23 only property inspect as of recent at this time. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - spoke with : XX/XX/23 XXXX XXXX Payment not posted as of yet Balance : {$81000.00} Payment : {$7300.00} -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - spoke with : XX/XX/23 Name : XXXX No response from HAF. Will send another email. 7-14 days after you receive it. No fees charged, XXXX inspection fees. Date they process, not the batch date. Has any fees been assessed : Current payment : {$7300.00} Current Balance : {$81000.00} -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - spoke with : XXXX XX/XX/23 7-14 days from date of XX/XX/23 for payment to post Takes 24-48 hours to respond to email sent to HAF. XXXX XX/XX/23 didn't update file with response if one was received. 2nd email was sent yesterday to HAF. XX/XX/23 for 60 days no penalty on late fees or cbr. Not penalized with fees. Need at least 6 payments due, no less. Not in active foreclosure status at this time. Inspection fee at this time : {$30.00} for XX/XX/23
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MN
Zip: 550XX
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-15
Issue: Closing on a mortgage
Subissue: Closing disclosure or other related disclosures
Consumer Complaint: I closed on XX/XX/23. This was about a month after my original payoff date. my payoff amount was approx XXXX the final pay payoff they requested was XXXX I have called and as them to explain but they have been unable to and still state that I did not over pay. also on my last statement it states that I have approximately XXXX in escrow but they only paid me out approximately XXXX. I'll attached my initial payoff request for XX/XX/23, the last statement they provided for XX/XX/23 and the closing disclosure.
Company Response: Company believes complaint is the result of an isolated error
State: IL
Zip: 60615
Submitted Via: Web
Date Sent: 2023-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-14
Issue: Trouble during payment process
Subissue: Escrow, taxes, or insurance
Consumer Complaint: I received a notice from my insurance company ( XXXX XXXX XXXXXXXX ) that Newrez/Shellpoint had neglected to pay my mortgage insurance. I wrote Newrez/Shellpoint on XX/XX/23 and forwarded the insurance bill. I also emailed it to XXXX. On XX/XX/23, when I still had not heard back from Newrez/Shellpoint, I called them and they had me send the insurance bill to them at XXXX. They called XXXX who prmised not to cancel my homeowners if they got payment to XXXX immediately. That did not happen. My homeowners was cancelled, and Newrez/Shellpoint sent me a notice ( XX/XX/XXXX, but I just received it ) that they were going to buy me insurance since the homeowners I had was cancelled ( because they failed to pay them ). Today, I had to pay XXXX {$140.00} to reinstate my homeowners policy hoping that Newrez/Shellpoint could actually get payment to them in the next 10 days. I am FED UP with Newrez/Shellpoint . Please help me! There is plenty of money in my escrow to pay this bill. And, my mortgage is set up to pay the homeowners out of escrow.
Company Response: Company believes the complaint provided an opportunity to answer consumer's questions
State: VA
Zip: 245XX
Submitted Via: Web
Date Sent: 2023-10-06
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A