Fannie Mae / The Federal National Mortgage Association [FNMA] review: Wells fargo mortgage acct sold to shellpoint mtg. All information provided was incorrect

I have filed 7-8 complaints with the CFPB, in which the companies acknowledged receipt of complaint, and each time came back with a canned response " we found nothing wrong. With each communication like that they would attach the same documents. From the documents provided to me by Wells Farg, this is what I found: The Core Issue: A "Manufactured Default" occurred when the servicer flipped a protected Hurricane Ian Disaster Relief deferment into a forced foreclosure/modification track. * Forensic Accounting Error: Two prior COVID-19 deferrals were mismanaged, leaving $21,009.23 in the principal balance that should have been removed, resulting in approximately $8,800 in "ghost interest" charges. * Document Fraud: A loan modification was produced by "Paul G." in October 2025 that was backdated to November 2023, directly contradicting contemporaneous emails stating paperwork was still forthcoming. * Equity Loss: These errors created a payoff discrepancy of over $44,000, stripping the home equity intended for my retirement.

Wells Fargo Home Mortgage Company placed me in a COVID 19 payment suspension program in June of 2020. I did not request this. *** See item 1 and 2, attached emails from WF, I did not see or respond to

Error #1 - In September of 2020 Wells Fargo Home Mortgage Company deferred the initial payment suspension for April 2020 through September 2020, or 6 months. The amount deferred was $6,933.02, which was made up of the following amounts:
Principal and Interest $6,503.88
“Other” past due amounts to be deferred $ 429.14
TOTAL $6,933.02 *** See item 3, attached 1st deferral
HOWEVER Well Fargo Home Mortgage Company did not reduce my loan balance by the same amount that was deferred as required by Fannie Mae for deferrals. Wells Fargo Home Mortgage Company only reduced my loan by $2,306.72, shorting the reduction on my balance by $4,626.30. ***See item 4,attached copy of deferral and corresponding ledger of my mortgage loan
This error caused an additional $4,626.30 to be left in my principle creating additional interest charges to be incurred to me. This is double capitalization of interest.
***See item 4,attached copy of deferral and corresponding ledger of my mortgage loan

This error falls under the following violations:

1.) Elder financial Exploitation ( Fla. Stat s 825.103)
2.) FDUTPA ( Fla Stat. s 501.201)
3.) Breach of Fiduciary Duty – Breach of duty of care owed to a senior borrower in the administration of government-mandated COVID-19 assistance programs.
4.) Negligent Accounting/Servicing
5.) Intentional Mismanagement of Assets (Fla. Stat. s825.103)
6.) Bad Faith Servicing & Punitive Damage Standing (Fla. Stat.s768.72)
***Every subsequent action taken on my mortgage loan from this point forward was built on a foundation of bad data due to this error ***.
Wells Fargo Home Mortgage Co. kept me on payment suspension, and I was making payments, some partial, as I could.
Error # 2: On October 26,2021, Wells Fargo Home Mortgage Company deferred an additional full 12 months of payments for December 2020 through November 2021. The amount that was deferred was $21,275.78, which was made up of the following amounts:
Principle and Interest $13,007.76
“Other “past due amounts to be deferred $ 8,268.02
TOTAL $21,275.78 ***See item 5 attached
HOWEVER, once again, Well Fargo Home Mortgage Company did not reduce my loan balance by the same amount that was deferred as required by Fannie Mae for deferrals. Wells Fargo Home Mortgage Company only reduced my loan by $$4,782.85, shorting the reduction on my balance by $16,382.93. ***See item 5, attached
This error caused an additional $16,382.93 to be left in my principle creating additional interest charges to be incurred to me. This is double capitalization of interest.
***See item 5 ,attached copy of deferral and corresponding ledger of my mortgage loan showing reduction in loan, deferrals and loan ledger balance showing error.

This error also falls under the following violations:

1.) Elder financial Exploitation ( Fla. Stat s 825.103)
2.) FDUTPA ( Fla Stat. s 501.201)
3.) Breach of Fiduciary Duty – Breach of duty of care owed to a senior borrower in the administration of government-mandated COVID-19 assistance programs.
4.) Negligent Accounting/Servicing
5.) Intentional Mismanagement of Assets (Fla. Stat. s825.103)
6.) Bad Faith Servicing & Punitive Damage Standing (Fla. Stat.s768.72)

At that point, there was now an additional $21,009.23 that had been left in my mortgage loan balance in spite of the 2 deferrals that I was provided for by Wells Fargo Home Mortgage Company, per Fannie Mae COVID 19 deferral guidelines, that were not handled properly, creating additional interest charges to be incurred to me. This is double dipping of interest.
My loan balance should have been reduced by the full deferral amount (s) of:
$ 6,933.02 Given 9/6/2020
$21,275.78 Given 10/26/2021
$28,208.80 TOTAL
My loan balance was not reduced by the full deferred amounts of $28,208.80, instead it was reduced by a total of only $7,092.54, leaving $21,009.23 in my loan balance that was subject to double interest/capitalization, and I had to pay that additional interest for the years until I found out what had happened. ( October 2025)

The additional interest that I paid on that “ghost principle” was approximately $8,800.00.

Error # 3: In late 2022 Florida was hit by Hurricane Ian coming in as a CAT 4 hurricane.

Wells Fargo Home Mortgage Co. once again reached out to its customers with “disaster relief” on November 9, 2022, at 03:39PM EDT, via emails with coded EM021, (disaster relief) to their customers. A 12-month deferral period was extended to Wells Fargo Home Mortgage Co. customers for Hurricane Ian as part of the “Disaster Relief” program, as directed by Fannie Mae. ***See item 6 attached . Email from WFHM re hurricane IAN relief 11 9 22
During that time, I made the multiple payments on my mortgage loan , as I was able to however a few were not paid, and they were to be deferred, as offered to me by Wells Fargo Home Mortgage Co.
On December 7, 2022, one month later, I received an email from Wells Fargo Home Mortgage Co. coded EM185,________, stating that “Disaster assistance will end on January 05, 2023,” and thanking me for taking the time to “talk to us as you continue to recover. We are sorry that you have been affected by the hurricane. “ and “The disaster relief that we recently discussed is coming to an end on January 05, 2023, please contact us to talk about next steps. You may have options; we want to help” …”**See item 7 attached. Email from WFHM 12/7/22
On January 19, 2023,at 2:01PM EDT, I received an email from Wells Fargo, thanking me for “submitting the documents we asked for” and “We have what we need to begin our review of your home assistance request.”
I responded to this the same day, January 19, 2023 at 08:54 PM EST stating that I had not submitted any documentation for this or anything to them. That I was looking to set up a re-payment plan for the 3 payments I missed, “NOW THAT MY HARDSHIP IS OVER”. ***See item 8 attatched. Email from WFHM and response from JT

I heard nothing further from them until May 11,2023 at 01:18PM EDT, in an email, stating “You can get help with your payments” and “You have missed several payments and your loan is now in default. Reaching out is not easy, but we are here to help. We would like to talk with you about your options that could make your situation a little easier and help you avoid foreclosure.” …”this time, it was coded EM353 – collection. The payments that I was behind were from Hurricane Ian, in which Wells Fargo Home Mortgage sent out emails on November 9, 2022 at 03:39PM EDT extending the disaster relief for Hurricane Ian of up to 12 months deferral. That email was coded with EM353______________________.***See item 9 attached .Email from WFHM dated 5/11/23
To my knowledge, there was no disaster relief at that time other than the Hurricane Ian disaster relief, which was up to 12 months,1 year, or September ( maybe November?) of 2023. If there was I was not a participant in them. I only was a participant in the Hurricane Ian disater relief program offered by Wells Fargo Home Mortgage as directed by Fannie Mae. ***See item 10 attached.Fannie Mae statement on Hurricane Ian disaster relief.
Somehow Wells Fargo Home Mortgage Co. flipped any past due payments from what should have been deferred due to Fannie Mae directives/guidelines for the Hurricane Ian disaster to full blown collections, and threatening foreclosure in the following months.
Keep in mind, I am still paying double interest on error 1 and error 2 at this time.

I received another email from Wells Fargo Home Mortgage Co. on June 21, 2023, once again t5hanking me for submitting the documents they requested, and “We have what we need to begin your review of your home assistance request. ***See item 11 attached. Email from WFHM.

On July 10, 2023, Wells Fargo Home Mortgage Co. sent a hard copy piece of mail to me via USPS. The Subject Line stated ” Loan Modification trial period plan”. The letter further stated “Thank you for contacting us about your mortgage. Based on careful review of the information you provided, we are offering you the opportunity to enter into a loan modification. If you satisfy all of the terms of the offer, successfully complete the trial period plan by making the required payments, and return a signed loan modification agreement, we will then sign the loan modification, and your loan will be permanently modified. Immediately below that, in large bold letters it stated- “ACT NOW – Key steps to modify your mortgage and prevent foreclosure action”. Below that it said “You must do one of these things by July 24,2023 - Contact us by phone or in writing to let us know if you intend to accept this offer, OR – Send your first trial period payment of $1,695.54 to accept this offer. Directly below the 2 “conditions it stated: “IF YOU DO NOT CONTACT US OR SEND YOUR FIRST TRIAL PERIOD PLAN PAYMENT BY JULY 24, 2023, FORECLOSURE PROCEEDINGS MAY BE STARTED OR CONTINUE.” Attached to that letter was the proposed modification terms showing current terms with the deferred balance present, and the modification terms showing the deferred balance at $0.00***See item 12 attached. Hard mail from WFHM. Completely alarmed and not understanding what this was about, because I was still in the Hurricane Ian deferral program, and still making payments, I called the individual who signed the letter, Yenni Chavez, Home Preservationist Specialist. I asked him what this was about and if there was a foreclosure already started. He put me on hold, checked and came back and said it looked like they have started a foreclosure. I asked why, and why was this the first that I was hearing about it, and informed him that all missed payments were covered in the COVID 19 deferrals and the Hurricane Ian deferral that was offered to me. I further went on to state that I was shocked that this was happening and certainly since all missed payments had already been deferred and moved to the back of the loan. I became upset and told him I did not ask for this and did not want it. I did not even understand what it was. Mr. Chavez placed me on hold again, came back on the line and told me that they had made an error, and to please disregard it. I asked him if he was absolutely sure, because I did not want to have another surprise like this in a few months. He very kindly confirmed that he was sure. We hung up and I felt better. I had been making payments on my mortgage loan to catch up the payments I had missed clearly not understanding how the COVID 19 deferrals worked, and thinking that I still needed to pay those payment. Wells Fargo Home Mortgage Co was applying those payments to current arrears, as they should have I believe. I also took comfort in knowing that knew I was on the hurricane Ian disaster payment deferral program.
On July 23,2023, I received another email from Wells Fargo Home Mortgage Co. Subject Line: “We Need You to Verify Information” and the email Stated “Review this loan information carefully…” There was nothing attached to the email to review. ***See Item 13 attached. Email from WFHM. I picked up the phone again and called the individual who signed the email, Yenni Chavez, Home Preservation Specialist, and asked what this was about. I was told not to worry, they were just wrapping up the disaster relief deferrals. Mr. Chavez did tell me that my payments were going to be a bit higher for the next 3 months, for escrow and misc. items, and asked if I could afford it, to which I said yes, my hardship is over. He also told me to make the three payments as indicated in the hard copy mailed to me via USPS on July 10, 2023, and once that was complete I would not need to make any payments again until the first of the New Year.
On December 1, 2023 at 2:03PM EST,I received another email from Wells Fargo “Applications”. Suject line was “The Final Loan Agreement is Approved”. It further stated “Thank you for completing the payments for your home assistance request. We have mailed you 2 final documents:
- Original copy to sign ( and notarize if requested)
- Duplicate copy for your records
It also said “We’re also sending out a Preferred Payment Plan Authorization form that we encourage you to complete. “and “Please contact me with any questions”. I picked up the phone again and called the individual who signed the email, Jose Marin. I went through the entire story from Yenni Chavez, telling her that I wanted to make sure that this was not a loan modification, but rather the deferment from Hurricane Ian. Ms. Marin assured me not to worry about anything, but do complete the paperwork so that they can “complete my PAYMENT ASSISTANCE”. I of course thought this was the deferral for Hurricane Ian, even though it had only been 3 months since the disaster. This made perfect sense to me based on how the COVID 19 disaster Relief was handled in [censored] of months. I did not think further about it.***See item 14 attached. Email from WFA
On December4, 2023, I received another email from Wells Fargo Consumer Lending, stating “You’ll receive your “PAYMENT ASSISTANCE” documents soon. We will need these documents to complete your “PAYMENT ASSISTANCE” Not Loan Modification –“ PAYMENT ASSISTANCE.” The email further went on to say “We’ve sent you documents to complete for your “PAYMENT ASSISTANCE”. When you receive them you will need to sign, have notarized ( if required) and return them by the due date provided in the document package. This communication was coded EM834 ________________________? ***See Item 15 attached.Email from Wells Fargo APPLICATIONS.
Thinking that this was the first portion of payment deferrals for the Hurricane Ian, it did not ruffle my feathers. Nothing had been said to me above a modification in months, or how a modification would work , or that they would pull my deferred amounts and add them back into my loan, which was already inflated by the incorrect reductions done by Wells Fargo Home Mortgage Co by not reducing my loan by the full deferral amount as directed by Fannie Mae during the COVID 19 disaster.
On December 15, 2023, I received another email at 04:43PM EST, from Wells Fargo HF (?)
Subject line was : “Wells Fargo Email Communication.” In this email Wells Fargo Home Mortgage Co stated:
“We are reaching out to you today regarding the final documents. Congratulations once again on the “ APPROVAL”. It did not state “Approval for what “ – ie deferment, modification, forebearance…? It further stated ” We sent the final agreement documents to you on November 30, 2023 and have ordered a mobile notary for you, and they will call and schedule an appointment. Please return the signed documents, dated and notarized. Additional instructions may be provided by the notary when they contact you for the signing appointment. We have provided the FedEx tracking numbers for your convenience ( Tracking numbers for what?) Please continue making ongoing monthly loan payments. Nowhere did it say anything about a modification, indicate any dollar amounts , nothing about the transaction that I later found out happened to me. ANOTHER INTERESTING POINT – On December 15 2023 they sent the email address above , and attached as well, stating that the paperwork was sent out on November 30, 2023. Yet there were at least 2 earlier emails in December 2023, stating that the paperwork would be forthcoming. I had not seen any detailed “modification” paperwork***Seeitem 16 attached. Email from Well Fargo Home Mortgage Co.
I continued making payments as normal. I do not recall signing a “loan modification, or having a mobile notary come to my home. I did not look at my mortgage statement on a regular basis, because they were emailed to me, as encouraged by Wells Fargo Home Mortgage. I just made sure that my payments were made, and that if I had any late payments, that I caught them up. I also never truly looked at my 1098’s, instead I just handed them over to the person that did my taxes.
This brings us to October of 2025. I am 66, and finally at a place where I can retire, relax, and spend time with my daughters and my 6 grandchildren. I had worked since I was 13 years old, and I was so excited to be able to take a break and enjoy life for once. However, my plan hinged on me selling my home/condo, of which I had equity in that would make this possible.
I listed my home / condo, and had a cash offer the first week that it was listed. This of course prompts realtors and owners into all kind of actions and activities that need to be completed so the closing can happen on time.
Well, one of those items was my mortgage payoff amount. I’m thinking it is around $174,977.70, with the additional deferred amount of $28,208.80 Math attached. Imagine my utter shock and surprise when my realtor told me that it was $232,503.95! That amount was more than the original mortgage I took out in 2016 which was for $227,050.00.

I called Wells Fargo, knowing they would re-direct me to NEWREZ LLC dba Shellpoint Servicing because also in October 2025 I was notified that my mortgage was sold to NEWREZ LLC, dba Shellpoint Servicing. I was redirected to NEWREZ LLC, dba Shellpoint Servicing. I was told that yes, that is the correct payoff amount, and I tried to explain no, there is no way that can be. NEWREZ LLC dba Shellpoint Servicing told me they would send over the information that they were given by Wells Fargo Home Mortgage when they purchased my mortgage from them.

I have attached what I received from NEWREZ LLC dba Shellpoint Servicing.. NewRez LLC dba Shellpoint Servicing sent to me their official “Loan History Summary “ given to them by Wells Fargo Home Mortgage as part of the package that supported my mortgage loan and it’s value/worth. ***See item 17and 18 attached. Shellpoint Loan History Summary.

NEWREZ LLC dba Shellpoint Servicing has 3 different dates for my loan origination as shown on documents that they have shared with me. They have 2021, 2022, and 2024. Yet on the Welcome letter from them they do acknowledge the 2016 date and amount.
I sent Notice of error to Wells Fargo Home Mortgage Co and NEWREZ LLC dba Shellpoint Servicing on ______________.

As stated above, NEWTEZ LLC dba Shellpoint Servicing replied in the attached referenced documents.

Wells Fargo replied on November 4, 2025 denying any errors and attaching my “Customer Account Activity” document from inception of the mortgage in 2016. Also attached was a loan “modification” that I was seeing for the first time.***See item 19 attached. WFHM Response to Notice of Error
When taking a closer look at the modification the following items were noted:

The date was November 20, 2023. I was receiving communications about some type of payment assistance in December 2023. There is no loan number on the document. Thet is a “handwritten number” that does not match my loan number. The amount of the modification is listed as $12,661.03, which is the amount iin arrears during the disater relief period for Hurricane Ian and were to be deferraled for up to 12 months, per Fannie Mae directives for Hurricane Ian starting in 2022.
IN ADDITION, looking closely at the “Modification “ document, you will note that Wells Fargo Home Mortgage “quietly rolled” my deferrals totaling $28,208.80 back into my loan, yet they had not corrected the $21,009.23 had not been properly removed from my loan balance as should have been when the deferral went through. My mortgage now became over stated, and I had been paying interest ($8K plus) on the $21,009.23 that should not have been in my balance. That coupled with the $12,661.03 that Wells Fargo Home Mortgage took from being a disaster relief amount to a straight up arrears collection foreclosure amount, erroneously increased my loan balance by the deferred amount of $28,208.80, the ghost amount never reduced from my loan balance when the deferrals went through of $21,009.23, the $12,661.03 that was to be deferred under the Hurricane Ian disaster relief program, and the approximately $8,800.00 in additional interest that I paid.

The Notice of errors was sent out over 7 times. Each notice was acknowledged by Wells Fargo Home Mortgage and NEWREZ LLC dba Shellpoint Servicing, but both responded each time that there were no errors. They were looking at the same documents that I was. In fact, they provided me with the documents in an attempt to prove that there were no errors.
I now am forced to go back into the fulltime workplace due to the shortage of monies that were improperly and illegally withheld from me.
DISCREPANCIES IN LOAN ORIGINATION DATA (RE-AGING)
• Actual Origination Date: April 16, 2016.
• Shellpoint Reported Dates: Documentation provided by Shellpoint inconsistently lists the loan origination as 2021, 2022, and 2024.
• Impact of Error: These inaccurate dates constitute an unauthorized "re-aging" of the loan. This effectively erases a decade of my verified payment history and allows the servicer to hide the accounting errors that occurred between 2016 and 2024.
• Supporting Evidence: See Items 20 and 21 (Shellpoint Loan History Summary and Welcome Letter).

In summation the following is what happened to me, along with violations carried out by Wells Fargo Home Mortgage and NEWREZ LLC dba Shellpoint Servicing, legal pursuable counts, and financial damage , both base and potential, to the customer:
FINAL SUMMATION OF VIOLATIONS AND DAMAGES
Statutory Violations:
• Elder Financial Exploitation (Fla. Stat. § 825.103): Knowingly depriving a senior of home equity through accounting manipulation and the refusal to correct known errors.
• FDUTPA (Fla. Stat. § 501.201): Deceptive acts involving the production of a modification document in October 2025 that was backdated to November 2023.
• RESPA & FCRA: Failure to conduct a reasonable investigation after eight formal notices of error and the unauthorized re-aging of the loan history to 2024 .
Realized Financial Damages:
• Principal Discrepancy: $21,009.23 (The total amount improperly left in the principal balance following the 2020 and 2021 deferral errors).
• Unearned Interest Paid: ~$8,800.00 (Estimated additional interest paid on the "ghost principal" balance).
• Misapplied Hurricane Ian Arrears: $12,661.03 (Amount that was to be deferred under disaster relief guidelines but was instead rolled into a modification).
• Total Equity Discrepancy: $44,961.54 (The gap between the expected payoff of ~$187,000 and the actual payoff demand of $232,503.95) .

Non-Economic Damages:
o Loss of retirement security, forced re-entry into the full-time workforce at age 66, and severe emotional distress caused by the threat of foreclosure and the erasure of 10 years of credit history.
•

A. List of Reported Violations
• Elder Financial Exploitation (Fla. Stat. § 825.103): Knowingly and through deception depriving a senior citizen of their home equity by failing to properly apply mandated deferrals.
• Florida Deceptive and Unfair Trade Practices Act (FDUTPA) (Fla. Stat. § 501.201): Engaging in unfair methods of competition and unconscionable acts, specifically the issuance of "backdated" modification documents to hide servicing errors.
• RESPA Regulation X Violations: Failure to maintain accurate servicing records and failure to conduct a "reasonable investigation" after eight (8) formal notices of error.
• Fair Credit Reporting Act (FCRA) Violations: Intentional "Re-aging" of the loan origination date to 2024, effectively erasing years of positive payment history and damaging my creditworthiness.
• Breach of Fiduciary Duty: Failure to exercise the required duty of care in the administration of government-mandated COVID-19 and Hurricane Ian assistance programs.
B. Legal Violation Counts
1. Manufactured Default: Intentionally flipping protected "Disaster Relief" payments into "Foreclosure Collections" to force a modification.
2. Fraudulent Inducement: Coercing a "Loan Modification" through the use of backdated documents produced by Paul G. in October 2025, but deceptively dated November 2023.
3. Double Capitalization/Double Dipping: Intentionally leaving $21,009.23 in the principal balance despite two formal deferral agreements, allowing the servicer to collect "ghost interest" on funds that should have been moved to the back of the loan.
4. Agency Guideline Non-Compliance: Direct violation of Fannie Mae COVID-19 and Hurricane Ian disaster relief mandates regarding the reduction of loan balances.

SUMMARY OF LEGAL AND ACCOUNTING VIOLATIONS (14 COUNTS)
1. Elder Financial Exploitation (Fla. Stat. § 825.103): Knowingly depriving a senior of home equity through systematic accounting manipulation.
2. FDUTPA Violation (Fla. Stat. § 501.201): Deceptive trade practices, specifically the use of backdated modification documents.
3. RESPA Regulation X § 1024.35: Failure to conduct a "reasonable investigation" after eight formal notices of error .
4. RESPA Regulation X § 1024.38: Failure to maintain accurate records regarding the 2022 Hurricane Ian Disaster Relief deferment.
5. FCRA Violation (Fair Credit Reporting Act): Unauthorized "re-aging" of the loan to 2024, erasing my actual 2016 origination history .
6. Breach of Fiduciary Duty: Failure to exercise the required duty of care in administering government-mandated COVID-19 assistance.
7. Negligent Servicing: Systematic failure to apply disaster relief credits as required by Fannie Mae guidelines.
8. Fraudulent Inducement: Coercing a modification through a document produced in October 2025 but backdated to November 2023.
9. Manufactured Default: Flipping protected Hurricane Ian relief payments into foreclosure collections (Email Code EM353).
10. Principal Balance Discrepancy: Failure to account for the $21,009.23 discrepancy left in my balance after two deferrals.
11. Interest Overcharge: Illegal capitalization of approximately $8,800 in "ghost interest" on funds that should have been deferred.
12. Agency Guideline Violation: Direct breach of Fannie Mae Hurricane Ian "Lender Letter" mandates for servicers.
13. Internal Coding Error: Misuse of service codes to bypass the "Deferred" status promised in communications.
14. Systemic Bad Faith Accounting: Intentional "book cleaning" and data re-aging during the transfer to NewRez/Shellpoint.
Wells Fargo, NEWREZ LLC dba Shellpoint Servicing Statutory Violations:
• Elder Financial Exploitation (Fla. Stat. § 825.103): Knowingly depriving a senior of home equity through accounting manipulation and the refusal to correct known errors.
• FDUTPA (Fla. Stat. § 501.201): Deceptive acts involving the production of a modification document in October 2025 that was backdated to November 2023.
• RESPA & FCRA: Failure to conduct a reasonable investigation after eight formal notices of error and the unauthorized re-aging of the loan history to 2024 .
Realized Financial Damages:
• Principal Discrepancy: $21,009.23 (The total amount improperly left in the principal balance following the 2020 and 2021 deferral errors).
• Unearned Interest Paid: ~$8,800.00 (Estimated additional interest paid on the "ghost principal" balance).
• Misapplied Hurricane Ian Arrears: $12,661.03 (Amount that was to be deferred under disaster relief guidelines but was instead rolled into a modification).
• Total Equity Discrepancy: $44,961.54 (The gap between the expected payoff of ~$187,000 and the actual payoff demand of $232,503.95) .
Non-Economic Damages:
o Loss of retirement security, forced re-entry into the full-time workforce at age 66, and severe emotional distress caused by the threat of foreclosure and the erasure of 10 years of credit history.
•
A. List of Reported Violations
• Elder Financial Exploitation (Fla. Stat. § 825.103): Knowingly and through deception depriving a senior citizen of their home equity by failing to properly apply mandated deferrals.
• Florida Deceptive and Unfair Trade Practices Act (FDUTPA) (Fla. Stat. § 501.201): Engaging in unfair methods of competition and unconscionable acts, specifically the issuance of "backdated" modification documents to hide servicing errors.
• RESPA Regulation X Violations: Failure to maintain accurate servicing records and failure to conduct a "reasonable investigation" after eight (8) formal notices of error.
• Fair Credit Reporting Act (FCRA) Violations: Intentional "Re-aging" of the loan origination date to 2024, effectively erasing years of positive payment history and damaging my creditworthiness.
• Breach of Fiduciary Duty: Failure to exercise the required duty of care in the administration of government-mandated COVID-19 and Hurricane Ian assistance programs.
B. Legal Violation Counts
1. Manufactured Default: Intentionally flipping protected "Disaster Relief" payments into "Foreclosure Collections" to force a modification.
2. Fraudulent Inducement: Coercing a "Loan Modification" through the use of backdated documents produced by Paul G. in October 2025, but deceptively dated November 2023.
3. Double Capitalization/Double Dipping: Intentionally leaving $21,009.23 in the principal balance despite two formal deferral agreements, allowing the servicer to collect "ghost interest" on funds that should have been moved to the back of the loan.
4. Agency Guideline Non-Compliance: Direct violation of Fannie Mae COVID-19 and Hurricane Ian disaster relief mandates regarding the reduction of loan balances.
SUMMARY OF LEGAL AND ACCOUNTING VIOLATIONS (14 COUNTS)
1. Elder Financial Exploitation (Fla. Stat. § 825.103): Knowingly depriving a senior of home equity through systematic accounting manipulation.
2. FDUTPA Violation (Fla. Stat. § 501.201): Deceptive trade practices, specifically the use of backdated modification documents.
3. RESPA Regulation X § 1024.35: Failure to conduct a "reasonable investigation" after eight formal notices of error .
4. RESPA Regulation X § 1024.38: Failure to maintain accurate records regarding the 2022 Hurricane Ian Disaster Relief deferment.
5. FCRA Violation (Fair Credit Reporting Act): Unauthorized "re-aging" of the loan to 2024, erasing my actual 2016 origination history .
6. Breach of Fiduciary Duty: Failure to exercise the required duty of care in administering government-mandated COVID-19 assistance.
7. Negligent Servicing: Systematic failure to apply disaster relief credits as required by Fannie Mae guidelines.
8. Fraudulent Inducement: Coercing a modification through a document produced in October 2025 but backdated to November 2023.
9. Manufactured Default: Flipping protected Hurricane Ian relief payments into foreclosure collections (Email Code EM353).
10. Principal Balance Discrepancy: Failure to account for the $21,009.23 discrepancy left in my balance after two deferrals.
11. Interest Overcharge: Illegal capitalization of approximately $8,800 in "ghost interest" on funds that should have been deferred.
12. Agency Guideline Violation: Direct breach of Fannie Mae Hurricane Ian "Lender Letter" mandates for servicers.
13. Internal Coding Error: Misuse of service codes to bypass the "Deferred" status promised in communications.
14. Systemic Bad Faith Accounting: Intentional "book cleaning" and data re-aging during the transfer to NewRez/Shellpoint.
In closing: