NewRez and Shellpoint Foreclosure Defense in New Jersey

Trust loans and standing

When the plaintiff is a securitized trust (for example, "U.S. Bank as Trustee for XYZ Trust"), the lender has to prove it held the note and mortgage before the complaint was filed. Chain-of-title gaps are common in loans that changed hands several times, and a standing defense can stop or delay the case and force a negotiation.

Shellpoint also services many loans that were previously modified by another company. If your old modification was not carried over, or your payment history was recorded incorrectly at transfer, a written Notice of Error under federal rules is the way to force a correction.

How David handles a Shellpoint foreclosure

Every Shellpoint case starts the same way: a complete review of your loan history, every notice you received, and the servicing file we request under federal rules. That review often turns up misapplied payments, fee errors, or a defective Notice of Intention to Foreclose, and each one is leverage.

From there David opens the loss mitigation process with a complete application, requests the court's Foreclosure Mediation Program if you are an owner-occupant within 60 days of service, and files the answer and any adjournments so the sheriff's sale clock stops running while Shellpoint reviews your options. If Shellpoint violates servicing rules during that review, David raises it with the court.

Your rights with any mortgage servicer

Federal servicing rules under RESPA (12 C.F.R. Part 1024) apply to every servicer named on this site:

• A servicer generally cannot make the first foreclosure filing until you are more than 120 days delinquent.
• It must acknowledge a loss mitigation application within 5 business days and tell you what is missing.
• It may not move for judgment or conduct a sale while a complete application received more than 37 days before the sale is under review ("dual tracking").
• You can send a written Notice of Error or Request for Information and the servicer must respond, generally within 30 business days.
• In New Jersey, the Fair Foreclosure Act adds a 30-day Notice of Intention to Foreclose before suit and a right to cure up to final judgment.