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</div><img alt="" media_type="3" src="https://d2g8igdw686xgo.cloudfront.net/51458938_1763420570682775_r.jpeg" width="100%" />
<div>These funds will be used to support my mom getting a lawyer. After speaking to a lawyer online, she's been told the average cost of what she needs to do to keep her house is $10K so she can sue Shellpoint Mortgaging and prevent a foreclosure.
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<div><br />
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<div>Here's the full story:
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<div><br />
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<div>This is not a story about me. This is a story about Shellpoint Mortgage. This is a story about how far Shellpoint Mortgage will go to violate Federal Law. This is about Shellpoint Mortgage not answering to its violations, allowing Shellpoint Mortgage to escalate even further. As one attorney told me, “No one wants to take on Shellpoint Mortgage. There’s no money in it.”
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<div>I purchased my house through Countrywide Loans in 2006. Thirteen years later, I found out that Bank of America didn't have my loan on file.
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<div><br />
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<div>My journey began in May of 2019 when I logged into my Bank of America online account to make a payment. The payment had increased from $1001 to $1399. I reached out to Bank of
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<div>America to determine why there was an immediate 28% increase in my payment. They explained the increase was due to insurance documents filed with the escrow. I reached out to my insurance agent who informed me they were no longer representing me. Progressive had terminated their services without my consent or knowledge. Progressive then sent a policy with their chosen carrier directly to Bank of America to escrow. The policy included a
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<div>65% premium increase over my prior homeowner's policy. I reached back out to Bank of America to see what could be done. I was told to continue making the $1001 payment until it was corrected. I reached out to Progressive and to Wellington Insurance to resolve this and have the escrow corrected.
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<div><br />
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<div>While I was making the $1001 payment, which excluded the increase, I received a notice from Experian. In August of 2019, Bank of America reported me to the credit reporting agencies for not making the proper mortgage payment. This impacted several of my
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<div>credit cards. I reached out to an attorney to get advice and assistance, who then asked that I log into my Bank of America account and send him copies of my loan documents. That's when I realized — they were not there. Both the attorney and I reached out to Bank of America to get a copy directly from them, and we never got a response nor the documents as requested. The process for a loan holder to receive copies of loan documents from a lender is
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<div>clearly stated.
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<div><br />
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<div>In September 2019, I received a notice that the Mortgage Escrow had received reimbursement of the homeowner's insurance policy. The monthly payment due had been adjusted, which meant I wasn't behind on payments and shouldn't have been reported to the credit reporting agencies. I called Bank of America to discuss how to resolve this.
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<div><br />
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<div>I was told the loan was now under a company by the name of Shellpoint Mortgage Servicing.
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<div><br />
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<div>The attorney I had hired sent a certified letter to Shellpoint's treasurer. No response was received. It was indicated that I should avoid paying Shellpoint, or I would become legally bound
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<div>to repay the debt to them. Shellpoint offered nothing to show they had legal jurisdiction to collect on the loan. The attorney filed documents in federal court regarding the insurance dispute. I did
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<div>not review or sign the documents before they were filed. Insurance was not the issue. The attorney notified me he was not licensed to practice in Federal Court and could no longer represent me.
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<div><br />
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<div>I began seeking new counsel. In the meantime, I received a Foreclosure notice. I received a flier in the mail from attorney Steven Drizer. I paid to have the foreclosure stopped. In the meantime, Mr. Drizer was including attorney Thomas Barron in the emails. I mistakenly thought they were partners. They are not. Mr. Barron assigned himself as my attorney of record by filing documents in court. He had no signed agreement to represent me. His emails were as intimidating as Shellpoint's. I have emails between Mr. Barron and Ackerman Law discussing how
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<div>to move forward with the case. Mr. Barron had no interest in representing me. He showed a clear interest in only forcing me to settle with Shellpoint. I asked multiple times that he withdraw
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<div>from my case. I had no choice but to go through the Texas Bar to have him removed. I later found that many documents filed with the courts had been withheld from me (i.e., a deposition
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<div>was requested which I was unaware of). No, I did not pay Mr. Barron any funds. I strongly believe any funds he received would come from Shellpoint once he forced me into a settlement.
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<div><br />
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<div>In March 2020, when the COVID-19 lockdown began, Shellpoint continued to knock on my door two to three times each week. They always left a notice on the door. Even though the notices are not dated, I do have every one of them. Shellpoint Mortgage seems to tend to troll the internet for delinquent mortgage accounts.
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<div>On CFPB and BBB Shellpoint has a very high number of complaints that should be looked into.
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<div><br />
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<div>They are all for the same thing. Intimidation, harassment, and deliberate violation of the FDCPA. Even when Shellpoint won't correct their own errors.
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<div><br />
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<div>I was ordered to appear before a Judge on Dec. 15, 2021 (I believe), to officially have Mr. Barron removed as attorney for my case. The Judge assigned me as pro se over the case. Her bias became immediately apparent when she snapped at me after I wished her a Merry Christmas. My research determined that she had been a real estate attorney before she was appointed Judge. She had worked alongside Ackerman Law (defendant's attorney) on occasion.
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<div>I requested that she recuse herself. Ackerman advocated for her to remain, and she stayed.
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<div><br />
</div>
<div>The case was slow going. On March 28, 2023, I was summoned to court again. Ackerman law wanted a deposition conducted in the courtroom. This deposition turned into an interrogation. I
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<div>did not receive the business card of the attorney who appeared, This is a requirement. The Attorney also took 2 documents that belonged to me. 1) a letter from Wellington Insurance Company showing a refund had been issued 2) a letter from Bank of America showing the refund had been received and the escrow corrected. I have asked several times for these to be returned, and they refuse. The attorney accused me of taking the insurance company's refund
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<div>and keeping it. The two documents he stole clearly show otherwise. During that interrogation, the judge returned to her podium. The attorney was staring at the judge with a big grin on his face. I filed with the 5th Circuit Court to have her recused for obvious bias. Their response was to concentrate on my actions that day in court, such as asking Ackerman's attorney if he thought the proceeding was funny. A comment directed at his attention to the Judge and the look on his face while he stared at her. At one point, the attorney asked if the deposition could be taken off the record. I rejected the request. My request to the Judge to recuse herself only inflicted retaliation.
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<div><br />
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<div>There are many times that Ackerman Law inflicted intimidation and harassment on me. I did file a complaint through the CFPB. Like most complaints, it went unchecked. The complaint escalated the intimidation and harassment I received. Part of the complaint requested copies of any documents they had. I requested loan documents and proof that the loan had been assigned to them for collection. This information was requested from Shellpoint four times. I only received one response from Ackerman Law. Once they were told by Thomas Barron that he had been ordered to remove himself from my case, they stated they would not respond to any
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<div>request when I did not have legal representation. Making such a request does not require legal representation. The only requirement is that I be a signed loan holder on the account. They began sending emails to my personal email. I ask that they please not do this. One requested my permission to approve a change of counsel after one of the attorneys on the case quit. Plaintiff has no jurisdiction over who the defendant chooses as counsel. The second email was a threat if I didn't respond. I received a letter from Shellpoint stating they were appending a "lender homeowner's policy" to my mortgage because they had no proof of a purchased policy for the residence. When I replied that they had paid for the policy, Ackerman Law responded with a threatening letter. I sent them proof they had purchased the policy. I never received
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<div>notification that the lender policy had been removed. During this period, Shellpoint began sending collection notices, which is not allowed while the loan is in litigation.
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<div><br />
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<div>I am trying to get assistance for a buyout on the loan. The judge sided with Shellpoint without prejudice. She offered no precedence for her decision. She would not respond to my standing in the case or the clear evidence that my debtors' rights have been violated multiple times. I reached out to Shellpoint for a loan payoff. The response I received included new fees amounting to $62,000. There was nothing to show how this number was calculated. I had no
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<div>means to verify the costs. Charges for more than one inspection and appraisal are included, but no one has ever appeared at the residence to conduct either. The legal fees escalated even after the case was "closed." The Judge had ruled twice that I would not be responsible for Shellpoint's cost, and they would not be responsible for mine. Shellpoint is refusing to remove these fees.
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<div><br />
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<div>I do not understand why the Government or CFPB is allowing this debt collector to continue violating debt collection laws? The number of complaints showing clear violations holds all the
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<div>documentation needed to stop this injustice and prevent Shellpoint from escalating.
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<div><br />
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<div>They've no doubt they can and will get away with it.
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<div>It is not and never has been my intent to live for free. Yes, those words were said to me by my first attorney. Under the circumstances, Bank of America should have allowed me to correct the payments after the insurance escrow was corrected. Ackerman submitted a letter to the courts from Bank of America. And the information contained therein was inaccurate.
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<div><br />
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<div>UPDATE: A few things I have learned throughout this process. I cannot tell you the harassment I've received from people who only want to know how they can use my situation to make themselves a quick buck.
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<div><br />
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<div>I was fortunate enough to converse with a young lady who had worked at Countrywide during the bankruptcy transition with Bank of America. It was known that Bank of America did not have documentation to cover every loan for which they took responsibility. These loans are labeled "phantom loans." Once Bank of America becomes aware of a phantom loan, they work swiftly to dump it with another lender for pennies on the dollar. It is no
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<div>surprise that Shellpoint tracked this loan and worked quickly to relieve Bank of America of this burden.
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<div><br />
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<div>Shellpoint Mortgage refused to remove all "costs" from the payoff offer. To demonstrate their point, Shellpoint filed a lien against the property. The lien was such that a payoff could not be accepted until their costs were paid in full. The "costs" were only removed hours before the property was put up for auction.
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<div><br />
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<div>On Friday, Sept 27th, I was told I could file a restraining order/injunction against Shellpoint to stop the foreclosure auction. I presented the document and paid a $350 filing fee. I
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<div>was directed to a courtroom to have the order signed off on by a judge. I included the most recent statement from Shellpoint. It does verify the $62,000 in costs. I also included the court order showing I was not responsible for these costs. The Judge refused to sign the order, stating that Shellpoint had the right to appear and present their side. I may be wrong, but I cannot locate anything that states a defendant has the right to appear when a restraining order is filed. This is most evident in cases where the plaintiff has proof that the defendant has intentionally violated federal laws.
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<div><br />
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<div>Another hard-to-face disappointment is that I had an acquaintance who was willing to pay off the loan. I would be allowed to stay at the residence and make loan payments directly to him. He eventually pulled out. He could not justify paying the $62,000 in costs billed by Shellpoint. Shellpoint refused to remove the costs from the payoff even after two requests.
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<div><br />
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<div>People have called and harassed me and my family regarding the case hundreds of times. The intent was not to help but to see how much money they could profit from the situation. My personal information was accessed. Anyone I had a remote connection to was contacted. My privacy was seriously violated. Anyone who would answer a call was given information about the foreclosure. There are laws that do not allow such private information to be released to anyone I do not choose to release it to. The harassment and intimidation continued. The goal of the caller was for me to
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<div>give in to the harassment so that the caller could make money.
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<div><br />
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<div>I fought as hard as I could, but no one wanted to listen or help. My house is now at auction. I don't know what to do, but Shellpoint and Bank of America have violated my rights on several occasions, and now, I may lose my house.
</div>

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