Mortgage -- Struggling to pay mortgage -- Complaint #16790874

Complaint Overview

Complaint ID: 16790874

Company: Bank Of New York Mellon Corporation, The

Product: Mortgage

Sub-Product: Conventional home mortgage

Issue: Struggling to pay mortgage

Sub-Issue: Foreclosure

State: California

ZIP Code: 92882

Date Received: 2025-10-23T12:00:00-05:00

Date Sent to Company: 2025-10-23T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

I am filing this urgent complaint against The Bank of New York Mellon ( " BNYM '' ) for egregious, repeated, and willful violations of federal and state consumer financial laws in the servicing of my mortgage and the illegal pursuit of foreclosure ( scheduled for XX/XX/XXXX ). BNYM, through its counsel ( XXXX XXXX XXXX, XXXX XXXX ) and servicer ( Shellpoint ), has engaged in a pattern of deceptive, unfair, and abusive practices, creating confusion, dual-tracking, and imminent harm ( loss of home with $ XXXX equity ). These violations warrant immediate CFPB investigation, statutory penalties XXXX XXXX XXXXXXXX per RESPA violation under 12 U.S.C. 2605 ( f ) ), a foreclosure halt, and referral to XXXX for state enforcement. 1. Deceptive Practices & Contradictory Loan Ownership Claims ( UDAP Violation under 12 U.S.C. 5531 ) XXXX has issued directly contradictory statements about its interest in my loan, undermining its standing to foreclose and violating the Consumer Financial Protection Act 's prohibition on deceptive acts ( 12 U.S.C. 5531 ). This creates an impossible position for borrowers, as I can not negotiate or resolve disputes with an entity that inconsistently claims ownership. Evidence of Contradiction : XX/XX/XXXX email from XXXX 's counsel ( attached ) : " The current owner of this loan is The Bank of New York Mellon. '' XX/XX/XXXX letter from BNYM ( attached ) : " BNY Mellon acts as trustee but does not service or have authority '' over the loan, directing inquiries to XXXX XXXX XXXXXXXX. Impact : This deception has stalled my loan modification efforts and advanced an unauthorized foreclosure, violating CFPB rules on fair servicing ( 12 C.F.R. 1024.41 ) and California Civil Code 2923.5 ( right to accurate information ). Requested CFPB Action : Investigate BNYM 's standing ; impose fines for UDAP ; order immediate foreclosure halt until ownership is verified via sworn affidavit and full chain of title. 2. Repeated RESPA Violations ( 12 U.S.C. 2605 & 12 C.F.R. 1024.35-41 ) BNYM 's servicer ( XXXX XXXX has systematically violated RESPA through non-responsive, boilerplate handling of my requests, accruing multiple XXXX XXXXXXXX penalties per violation. Failure to Acknowledge/Respond to XXXX : No timely acknowledgments ( within XXXX business days ) or substantive responses ( within XXXX days ) to my XXXX dated XXXX XX/XX/XXXX, XX/XX/XXXX, XXXX XX/XX/XXXX, and XXXX XXXX XXXX XXXX proofs attached ). Boilerplate Responses : Identical cut-and-paste replies ( e.g., XX/XX/XXXX letter and denials attached ) ignore specific errors, violating RESPA 's individualized investigation mandate. Inadequate SPOC : No consistent, authorized XXXX XXXX XXXX XXXXXXXX provided, breaching 12 C.F.R. 1024.40 ( e.g., XXXX XXXX 's unprofessional conduct in XX/XX/XXXX calls ). Impact : These violations have prevented resolution of errors ( e.g., unapplied payments, escrow discrepancies ) and allowed foreclosure to proceed amid pending reviews. Requested CFPB Action : XXXX XXXX for systemic RESPA non-compliance XXXX assess maximum penalties ; mandate full responses within 10 days. XXXX. Illegal Dual-Tracking ( California HBOR Violation- Cal. Civ. Code 2923.6 ) BNYM/Shellpoint is advancing foreclosure while reviewing modifications, a prohibited practice under HBOR, exposing them to injunctive relief and damages ( Cal. Civ. Code 2924.12 ). Evidence : XX/XX/XXXX email from XXXX XXXX ( attached ) : " Ignore the NOD, you are in an active XXXX, '' admitting simultaneous actions. This continued with my complete applications on XXXX, XXXX XX/XX/XXXX, and XX/XX/XXXX ( acknowledgments attached ), yet foreclosure is set for XX/XX/XXXX. No XXXX XXXX XXXX XXXX : My job loss ( documented in submissions ) constitutes a material change, yet denied without explanation. Impact : This abusive tactic risks wrongful eviction despite active loss mitigation. Requested CFPB Action : Coordinate with DFPI to enforce XXXX ; order immediate XXXX postponement ; fine for each violation. XXXX. Failure to XXXX XXXX XXXX XXXX Foreclosure XXXX XXXX has refused to substantiate its authority, violating CFPB rules on transparency ( 12 C.F.R. 1024.36 ) and California law on standing ( XXXX v. XXXX XXXXXXXX XXXX XXXXXXXX, XXXX XXXX. XXXX XXXX ). Specific Refusals : No chain of title, Pooling and Servicing Agreement for XXXX Trust, or XXXX compliance XXXX provided despite repeated demands ( e.g., XX/XX/XXXX email attached ). Pattern : " Numerous '' modifications claimed without proof ( I count only 2 ) ; no appeal opportunities given ( violating 12 C.F.R. 1024.41 ( h ) ). Impact : Without pro of, foreclosure is unauthorized and deceptive. Requested CFPB Action : Compel production of all documents within 10 days ; investigate for UDAP ; refer for criminal review if fraud found.

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This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.

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