The Bank and Shellpoint now move to dismiss the Bondyopadhyays's lawsuit under Rule 12(c), arguing that their complaint is frivolous and that . After it was informed of the supposedly inaccurate information by the plaintiff, Equifax notified Shellpoint of the mans dispute, the lawsuit says. You can change these settings at any time. Top Class Actions is a legal news source In order to receive compensation from the settlement, Class Members are required to submit a valid claim form by Nov. 12, 2019. The complaint quotes an earlier legal case as saying, A demand for immediate payment while a debtor is in bankruptcy is false in the sense that it asserts that money is due, although, because of the automatic stay or the discharge injunction it is not.. New Penn to become NewRez in 2019. v. CLAIRE DEES and MARK H. DEES, Respondents. Open Settlements Posted on Aug 6, 2015. The lawsuit, filed on October 19, 2020 in Massachusetts Superior Court, was removed to the states federal court on January 25, 2021. dba Shellpoint Mortgage Servicing." Br. IN RE: CLAIRE DEES, Debtor. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. (Attachments: #1 Exhibit Loan, #2 . 69%. Moreover, the default/right-to-cure letter received by the plaintiff violates Massachusetts law in that it failed to inform the homeowner that the right to reinstate expires five days before a foreclosure sale, the complaint claims. This settlement will provide $500,000 to pay individuals that are part of the Settlement Class. If Plaintiffs wish to file an amended complaint, they must do so no later than August 26, 2019. The cases are dismissed, with prejudice. In 2018, Shellpoint Mortgage Servicing was accused of violating Massachusetts state law by failing to take necessary measures to help their customers avoid . The plaintiff was granted the deed to his Pepperell, Massachusetts property in August 1995 and was secured a mortgage loan of a little more than $96,000 in June 2003, the lawsuit says. Overall, the defendants failure to properly describe the plaintiffs right to reinstate after acceleration and the date by which the default may be cured amounts to a breach of contract, the suit says. Equifax Information Services and Shellpoint Mortgage Servicing have been hit with a proposed class action lawsuit centered on the companies apparent reporting of consumer debts despite the obligationsfalling outside of the time period in which they can be legally reported. They can often cut through the red tape and give you the best chance for approval. As previously announced, New Residential will purchase Ditech's forward Fannie Mae, Ginnie Mae and non-agency mortgage servicing rights ("MSRs"), with an aggregate unpaid principal balance of approximately $62 billion as of August 31, 2019, the servicer advance receivables relating to such MSRs and other assets core to the forward . We use cookies to improve functionality and performance, enhance user experience, and provide tailored content. NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING, as Servicer for The Bank of New York Mellon f/k/a The Bank of New York as Trustee for The CWALT, Inc., Alternative Loan Trust 2005-51, Mortgage Pass Through Certificates, Series 2005-51, Movant, It keeps getting sent back to it and yet I never get anything back. February 7, 2023 @osullivanc. Ive no had insurance except that of nstionstar . Since there is no applicable law that specifies the termination of the right to reinstate, and there is no entry of judgment enforcing the mortgage, the plaintiffs right to reinstate and avoid foreclosure expired five days before the foreclosure sale, the suit says. (#1) COMPLAINT against Newrez, LLC d/b/a Shellpoint Mortgage, Servicing ( Filing and Admin fee $ 400 receipt number 0312-9570746) with JURY DEMAND, filed by Rachid Bouayad. A Shellpoint mortgage lawsuit is a lawsuit that was filed against an individual for violating the FHA's Loan Insurance Guarantee Act. You are not eligible if your LPI policy was cancelled in its entirety and any premiums charged or collected were fully refunded to you or your escrow account or if you have a final foreclosure judgment foreclosing on the Shellpoint loan. 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