I applied for assistance in saving my home with my servicer, Shellpoint Mortgage Servicing, on XXXX/XXXX/2015. I hired an attorney to help me submit my paperwork. My attorney confirmed Shellpoint received my full and complete application and all financials on XXXX/XXXX/2015. My attorney called Shellpoint several times for an update after the submission. No calls were ever returned. Shellpoint only returned the calls after the home had already foreclosed. 

I never received any approval or denial letters from Shellpoint until after my home was foreclosed on XXXX/XXXX/2015. My attorney finally obtained a copy of a denial letter from Shellpoint by fax on XXXX/XXXX/2015. My home was foreclosed while waiting for a response from Shellpoint. 

I feel my servicer purposely withheld my denial letter, avoided taking calls from my attorney and did not advise me I was denied in order to evade allowing me the time appeal the decision before setting a sale date and actually foreclosing my home. 

My servicer XXXX set a sale date before my timeline to appeal expired : Denial Letter dated : XXXX/XXXX/2015 ( Attached ) Timeline to appeal per denial letter : XXXX/XXXX/2015 ( Attached ) Sale Date set on : XXXX/XXXX/2015 - XXXX ( Attached ) My real estate attorney states RESPA Regulation X ( 1024.41 ) ( Copy Attached ) prohibits servicers from moving forward with an order of sale while under review or within the appeal period for loss mitigation. I feel XXXX Shellpoint Mortgage Servicing broke the law when they moved to order a sale date on XXXX/XXXX/2015. They should have waited until after XXXX/XXXX/15 to set the sale date. 

In summary, I feel I was illegally foreclosed while I was awaiting a decision on a loss mitigation application. My servicer purposely hid the fact they had denied me in order to evade allowing me to appeal the decision. They illegally set a sale date against me on XXXX/XXXX/2015 during the timeline in which I was supposed to be able to appeal. They did not allow me to appeal the denial by way of hiding it from me. I did not actually receive a denial letter until XXXX/XXXX/2015 ( Attached ), which is after they had already foreclosed me. I am sure Shellpoint XXXX will attempt to tell you that this is all a misunderstanding, but it is very evident it was on purpose. 
