Date Received: 2018-10-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Mr. Cooper is the servicing company that services our loan. On XX/XX/XXXX, Mr. Cooper filed a foreclosure action under the allege investors name " XXXX XXXX XXXX XXXX '', case no. XXXX, In the XXXX XXXX XXXX XXXX XXXX XXXX XXXX, In and for XXXX XXXX, Florida. The foreclosure complaint must be dismiss for the following legal reasons : The complaint fails to state a cause of action. XXXX XXXX XXXX XXXXXXXX XXXX failed the statutory requirement of section 48.23, therefore the Lis Pendens must be dissolved as matter of Statutory Law. XXXXXXXX XXXX failed to provide constructive notice of its claims. The purpose of lis pendens is to notify prospective purchasers and encumbrance that any interest acquired by them in the property in litigation is subject to the decree of a court.. See XXXX v XXXX, XXXX So. XXXX XXXX, XXXX XXXX XXXX XXXX DCA XXXX ). Section 48.23, Florida Statutes ( 2005 ), governs lis pendens, and subsection ( 1 ) ( a ) provided that : No action in any of the state and federal courts in this state operates as a lis pendens on any real or personal property involved therein or be affected thereby until a notice of the commencement of action is recorded in the office of the clerk of the circuit court of the county where the property is, which notice contains the names of the parties, the time of the institution of the action, the name of the court in which it is pending, a description of the property involved or to be affected, and a statement of the relief sought as to the property. If plaintiff fails to include all of the require items in the lis pendens, the lis pendens is ineffective. See XXXX v XXXX, XXXX XXXX XXXX ( XXXX XXXX DCA XXXX ). In this present action, the lis pendens is ineffective. The lis pendens misspelled the name of the only defendant involved in the suit, XXXX XXXX. The lis Pendes reflects XXXX XXXX, which incorrectly misspelled defendants first name. This defect is fatal since constructive notice in Florida is imputed only through the grantor-grantee index of the official of the official public records. See XXXX v XXXX, XXXX So. XXXX XXXX, XXXX ( XXXX XXXX XXXX. ) See also XXXX v XXXX, XXXX So. XXXX, XXXX ( XXXX XXXX DCA XXXX ) Constructive notice is legal inference, and it is imputed to creditors and subsequent purchasers by virtue of any document filed in the grantor/grantee index-the official records. ) revd on other grounds, XXXX XXXX XXXX XXXX XXXX XXXX ). A search of the grantor-grantee index in the official records of XXXX XXXX would not have disclosed the name of XXXX XXXX. XXXX XXXX XXXX XXXX claims against XXXX XXXX thus did not impart constructive notice upon anyone. See copy of certified former marriage certificate reflecting defendants correct first name XXXX XXXX and not XXXX XXXX exhibit A. See also also copy of Florida drivers license and social security reflecting defendants correct spelling of first name XXXX XXXX, as exhibit B. The foreclosure attorney attached to the complaint a copy to an allege loan modification agreement. The allege loan modification agreement is a fraud for the following reasons : 1. I never signed the allege agreement furnished by Mr. Cooper, moreover, the allege loan modification agreement contains a document in particular that its not part of a legit loan modification agreement under the Home Affordable program. If you carefully notice, the allege loan agreement contains a truth in lending allegedly signed by me. A truth in lending only if is a refinance or a new purchase. A loan modification is an extension to the contract and therefore the Treasury department never incorporated a truth in lending to an allege " Home Affordable loan modification agreement ''. In fact to proves this, i have attached a loan modification agreement from an unrelated customer of Mr. Cooper, who signed a legit loan modification agreement where it reflects that a truth in lending was not provided to him in the loan documents. Why? Because a truth in lending, as stated before is not part of an allege loan modification agreement under the HAMP, it is only required on a refinance or purchase. Mr. Cooper fabricated the allege agreement, the entire lending world and the Consumer Financial Protection knows too well that a truth in lending is not part of a HAMP agreement. The loan agreement is also false for the following reason : XXXX XXXX filed a previous foreclosure action, case no. XXXX, and on XX/XX/XXXX, filed a motion to vacate final judgment and provided the court with an allege loan modification agreement. if you notice on page 7 of 11, it is not signed by the lender. In florida a loan modification agreement is not valid until executed by both parties, see Florida section 494.00296 ( 2 ). Florida Statute 786.0304 ( 2 ) provides that a debtor may maintain inaction on a credit agreement unless the agreement is in writing, expresses consideration, sets forth the relevant terms and conditions, and is signed by the creditor and debtor ''. On XX/XX/XXXX, the servicer attached the allege loan modification agreement but this time it was signed by the lender and dated XX/XX/XXXX. The previous allege agreement was filed on XX/XX/XXXX, yet its does not reflect the signature of the lender, and the same document suddenly signed years later and for the purpose of the foreclosure action. Both the note and mortgage reflect the incorrect spelling of my first name. This is a fatal title issue that must be corrected. Both the note and mortgage must be re-signed. We contacted Mr. Cooper and requested that they draft the loan documents and have refuse. Assuming that we wanted to acquire a loan modification, that would not be an option until both the note and mortgage are resigned reflecting the correction to my legal name. This title defect must be corrected, otherwise the modification would not be effective since it would reflect the incorrect spelling to the first name. In addition, XXXX XXXX filed a foreclosure action, that did not reflect any endorsement. Suddenly those endorsements appeared at a time where the original lender XXXX XXXX no longer existed. Mr. XXXX XXXX, if you are going to lie at least be good at it ... ...
Company Response:
State: FL
Zip: 33033
Submitted Via: Web
Date Sent: 2018-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My Daddy, now deceased purchased a home under a 30-year VA Loan in XX/XX/XXXX for {$68000.00}. I live in this home. I was his court-appointed General Guardian and communicated with the mortgage servicers. After he passed away in XX/XX/XXXX, I struggled with the mortgage. There were plethora of servicers during this time and multiple loan modifications. > > XXXX XXXX & NationStar ( now Mr. Cooper ) was communicating with me prior to my Daddy 's death but outright refused, even once I received my Letters of Administration for my Daddy 's Estate. My phone number was the number on file and they would call me and would not talk to me. They started foreclosure process in XX/XX/XXXX and in XX/XX/XXXX. Though I had XXXX debt, I was forced to file bankruptcy in order to stop the sales. This entire span of time XXXX mortgage statements were mailed to me. > > This loan was subject to the Independent Foreclosure Review in XX/XX/XXXX and another year due to failing borrowers in the foreclosure process. I was mailed two checks from those lawsuits and never even cashed them. I have requested a review of billing several times and never received one completed request. I just filed a Qualified Written Request to Mr. Cooper and forwarded a copy to XXXX XXXX XXXX, XXXX when this XX/XX/XXXX Order to Sale resurfaced a few days ago. > > I received the Annual Tax and Interest Statement and it showed the Outstanding Mortgage principal of {$4700.00}. I requested a payoff in XX/XX/XXXX and it was {$14000.00}. I did not have the funds to payoff and continued to send payments in as I had since XX/XX/XXXX but to be honest the regularity ceased in the past 6 months. No statements still and no Default Letter. The Escrow would come periodically. Now I am being asked for {$27000.00} for REINSTATEMENT. > > I received about 5 letters on Monday informing me that I have a sale date, offering modification assistance to help stay in the house, repayment options from Mr. Cooper and XXXX XXXX XXXX, that has represented the servicers for years. The letters showed reinstatement was {$27000.00}. I called in to Mr. Cooper and asked for a loan modification. I was denied. I could not understand why and the agent would not tell me. This did not sit well with me and I called back Tuesday and spoke with an agent in the loan modification department and told her that I needed help to stay in my family home, refinance or something considering the amount of equity in this home valued at {$100000.00} is way more than what they are attempting to foreclose for. The young lady said that all she could do was send me a PAYOFF. She advised that because my PRINCIPAL BALANCE was so LOW, there were no other OPTIONS. I learned that my PRINCIPAL BALANCE was {$670.00} and that FEES on the account to include Insurance and Taxes was {$27000.00}. She stated the mortgage was 36 payments behind and seemed to say think the account had not been paid in 3 years, which is not true. She forwarded a pay history per my request and the best I can tell is the monies were held in a suspense account because my payments were not being applied. At one point, it shows I owed $ 70K+ on an original note of $ XXXX from XX/XX/XXXX. > > > The fees I question because my grass was cut, while living in the home until I finally ran the guy off. Inspections were done 4-5 times a month, until the guy stopped coming after that last conversation of WHY. It was obvious that the home was occupied, children playing, cars in the driveway and me entering or coming out of the house. There are fees associated with this loan for the time Nationstar locked me and my XXXX minor children out of the house when we went to spend the night at a friend 's in town. I called in about this incident and apologized. The fees could be for XXXX XXXX XXXX for filing the foreclosures when their client would not TALK to me which at the very least would have been needed in order to assist me the homeowner with a modification. Stopped escrow payments to taxes as well as XXXX Homeowners Insurance multiple times and force-placed insurance and sometimes coverage overlapped. > > > Yesterday, I called the VA Loan Center in XXXX and the assigned person informed me that the PRINCIPAL BALANCE is {$1000.00} and {$35000.00} in arrearages. I advised her of the total given to me the day previous and she stated there could be a difference. Mr. Cooper had advised the VA that they approved a LOAN MODIFICATION for me. The VA Loan Rep wondered why I had not keep this. I informed her that it never happened. I had not submitted a loan modification because the people had not been talking to me and did not think it was necessary. They never refused any payment, never sent a DEFAULT letter when my regular payments I had started sending lost regularity. > > > Right now I am where I have been previously except they now talk to me. I never sent my Letters of Administration in again ... so they could have TALKED to me the entire time ... Interesting. The only recourse should not be me filing bankruptcy to stop sale.
Company Response:
State: NC
Zip: 28602
Submitted Via: Web
Date Sent: 2018-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Mr. Cooper sold our mortgage to XXXX XXXX in XXXX of XXXX. I did not receive the new account info from XXXX in time to timely make the XX/XX/XXXX payment. Knowing that Cooper would forward the payment on to them as required, I let the scheduled payment to Cooper go through. This was an attempt to not be late on any payment. Cooper received the payment on XX/XX/XXXX. They did not forward the payment to XXXX but refunded back to my bank account on XX/XX/XXXX. They did this without any notification to me whatsoever. Thinking this payment was made resulted in XXXX dinging my credit for late payments. I, along with XXXX XXXX, I have attempted to get Cooper to account for this issue by contacting them in XXXX. They opened a case on the issue but have not produced anything. Phone calls to them are confusing as we have been given conflicting information every time we have called. Case # XXXX, opened on XX/XX/XXXX, is the Cooper case. Additionally I have been emailing XXXX XXXX at XXXX with information and for status updates with no response. Cooper sent a letter asking for an additional 15 days to review this issue more than a month ago and an ambiguous email last week that in no way addressed the the issue. XXXX has stated that a letter from Cooper stating that they did receive the payment and failed to notify me of the refund will go a long way to the removing the missed payments on my credit report. Cooper failed to follow their own policies on this which negatively effected our credit scores.
Company Response:
State: MT
Zip: 598XX
Submitted Via: Web
Date Sent: 2018-10-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Since Nationstar Mortgage became Mr. Cooper in XX/XX/XXXX no one, even my Dedicated Loan Specialist tries to reach out to me, instead I received a foreclosure sale notices and again just received one that my house is going to be foreclosed on XX/XX/XXXX. In the letter, the foreclosure sale notice I received from XXXX XXXX, XXXX claimed that I should find a copy of the advertisement of sale, as published in XXXX XXXX XXXXXXXX. That claim is false because I could not find the foreclosure sale that was claimed to have been published in XXXX XXXX XXXX. I have been trying very hard to make Mr. Cooper to modify my loan which I applied for in XX/XX/XXXX which is yet to be modified. Nationstar Mortgage, now Mr. Cooper has refused since XX/XX/XXXX to modify my loan without giving me any valid reason ( s ) for their refusal to modify my HAMP LOAN MODIFICATION that I applied for, was eligible and qualified for in XX/XX/XXXX.
Company Response:
State: VA
Zip: 20176
Submitted Via: Web
Date Sent: 2018-10-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My XXXX XXXX mortgage Loan service was transferred to Nationstar Mortgage XXXX d/b/a Mr. Cooper on XX/XX/2018. FHA XXXX XXXX loan is negligent on transferring my loan to a servicer with a history of consumer violations and penalties. Mr. Cooper the new loan servicer has not contacted me about any such transfer or what account to pay my mortgage to. Without refinancing I want this transaction voided. I have not even made my first mortgage payment to Mr.Cooper and they already violated my consumer rights by not contacting me within 30 days of the XXXX letter notice I received dated XX/XX/2018.
Company Response:
State: IL
Zip: 60646
Submitted Via: Web
Date Sent: 2018-10-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: NO PHONE CALL HAS BEEN PLACED TO ME REGARDING THESE ERRORS. NOT FROM MY DEDICATED LOAN SPECIALIST ( XXXX XXXX ), OR FROM FROM XXXX XXXX ( CONSUMER RELATIONS SPECIALIST ). XX/XX/2018 NEW COMPLAINT AGAINST MR. COOPER- Loan # XXXX XXXX XXXX Two weeks ago I spoke with a Loan Specialist to discuss my Modification Documents to ask why my deceased husbands name was included in these documents. The woman I spoke with placed me on hold several times to ask other people in her department questions. She ultimately agreed that this was an error ( obviously ), and told me I would be receiving a new set of documents in just a few days. As a mortgage banker for many years, what I do know is Mortgage Loan documents should not include a deceased persons name anywhere in the legal verbiage of a contract like this. The reason I started this modification was due to XXXX untimely death this fact is cited in several places in my application, you also received his death certificate back in XXXX. I should not have received these documents with his name anywhere in them. Regardless, I was not very trusting of her commitment that I would receive anything due to the fact that I have been told so many different things that were incorrect throughout this process, no follow up, no returned phone calls from Dedicated Loan Specialists, lost documents I was very skeptical I would receive new loan documents. I waited 10 days for new documents. No new loan documents were mailed. During the period I was waiting for the corrected documents to arrive in the mail, I decided to review the Escrow Account funds that are being collected every month with my mortgage payment. I found ANOTHER mistake. My property taxes are {$6300.00} per year OR {$530.00} per month. Your company has decided to make me pay {$10000.00} per year OR {$840.00} per month??? The whole premise for my applying for this modification was so I can keep my home by paying a lower monthly payment. Asking me to over-fund an escrow account by {$3800.00} is ridiculous and flies in the face of what I have worked so hard to accomplish with this modification. On XX/XX/2018 I called and spoke with a woman named XXXX who said yes, I should be receiving corrected documents and she will check to see why I havent received them yet. I also told her the escrow account that has a monthly payment is {$3800.00} too much annually. She placed me on hold for quite some time. When she got back on the line she told me Mr. Cooper will not be re-drawing the incorrect documents. Just sign them and send them in. She also stated that my escrow account would remain at the dollar amount that has been determined and I can go ahead and CANCEL MY MODIFICATION IF I DONT AGREE WITH IT?!?!? On XX/XX/2018 - I left XXXX XXXX ( my 5th or 6th Dedicated Loan Specialist ) a very detailed voice mail about this situation. ITS NOW XX/XX/2018 - I HAVE NOT RECEIVED A CALL BACK FROM XXXX XXXX I require a phone call from your office immediately. Thank you XXXX XXXX ( XXXX ) XXXX
Company Response:
State: CA
Zip: 92117
Submitted Via: Web
Date Sent: 2018-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-15
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: On XX/XX/XXXX I decided to request a payoff from Nations Star, now Mr. Cooper. The payoff, as well as the statement shows a whooping $ XXXX owing in escrow alone. I called and was told this was due to the disaster in our area and this is the forbearance. My immediate thoughts were this company has overcharged us with erroneous, exorbitant fees. We are requesting an investigation of the entire negative balance of $ XXXX.We further request that this is in itemized format to account for every dollar and someone who has the ability to articulate this to us. Further, their is an amount showing of {$3100.00} for interest during XX/XX/XXXX through XX/XX/XXXX. Although payments are running late due to last year 's disaster, we continue to make payments and a modification was booked and approved. We were turned down for a forbearance. Now all of a sudden we are in a forbearance? The representative could not explain this, only saying ... .because of the disaster??? What? As a federal employee supporting warfighters I have requested federal agencies to investigate this immediately following Mr. Cooper 's explanation. Lastly, we were in XXXX for five years, which was completed in XX/XX/XXXX. It has been only two years since this completion and payments were automatically debited to pay mortgage. We will also include this information while investigating this lender requesting {$28.00}, XXXX.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-10-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-15
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I got my mortgage with NationStar now known as Mr.Cooper in XX/XX/XXXX. I initially requested to have all my taxes escrowed so I can pay them on a monthly basis. Everything was going fine until I received a letter from an attorney in XX/XX/XXXX stating that a lien could be placed on the mortgage if I didnt pay my MUD taxes. I then called Mr. Cooper and asked for the reason my MUD taxes werent paid, they advised that a system glitch caused the MUD taxes to be removed. I then requested for them to add it back on. In XX/XX/XXXX, I was informed that all my taxes were removed from escrow due to system glitch. I never requested for them to make any of these changes to my mortgage. This opened a can of worms with my mortgage, I am now late on payments and Im being penalized due to Mr. Cooper incompetence. The tax companies are now making me liable for all the changes made. Mr. Cooper is no longer assisting with my concerns, their escalated agents are not answering my calls or emails. I need help ASAP before I end up losing my home - XXXX XXXX I live in XXXX Texas. Phone number is XXXX
Company Response:
State: TX
Zip: 77449
Submitted Via: Web
Date Sent: 2018-10-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I recently noticed that large payments were being taken from my checking account the last few months from a " MR COOPER '' and thought it I had identity theft. After further research I found out what Mr Cooper is. My normal monthly mortgage payment with XXXX Bank was {$590.00}. I found that beginning XX/XX/XXXX Mr. Cooper began withdrawing {$590.00} then in XXXX they began withdrawing {$790.00}. The only reason I noticed this was thru my bank statement as I have always paid my mortgage paperless with monthly auto draft thru my checking account. I called XXXX XXXX company 4 times to get this resolved & supplied them with proof of insurance and continuous coverage. Most recently XX/XX/XXXX speaking to a XXXX XXXX in the escrow department. I explained my concern and he told me my case has gone thru the research department and the decision remains and I can contact whoever I want but it wont be overturned nor will I receive any refund. He also told me that 4 CERTIFIED pieces of mail have been sent to me. I have NEVER received a certified piece of mail nor signed for anything from Mr Cooper. He didnt want to give me his supervisor name, saying that I wouldnt reach him anyway, as he was out of office and they dont have voice mail. The letter I received dated XX/XX/XXXX states our records indicate a lapse in coverage between XXXX and XXXX. This is absolutely incorrect and I have provided proof that I made a payment for the entire year! Payment of {$1000.00} was received XX/XX/XXXX which paid for the 1 year renewal thru XX/XX/XXXX! I also have renewed since this time and provided them proof of continuous coverage and declaration pages of my insurance thru XX/XX/XXXX. I am requesting a refund for the overpayments. My insurance company has provided proof of payment and continuous coverage however Mr Cooper refuses to fix this and continues to draft out an additional {$190.00} monthly. This is DUPLICATE coverage!
Company Response:
State: FL
Zip: 33410
Submitted Via: Web
Date Sent: 2018-10-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-10-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I need help. Mr. Cooper has a trustee sale scheduled on XX/XX/XXXX for my family home valued at {>= $1,000,000} ( XX/XX/XXXX XXXX appraisal - old and market has improved since then ) and there is approx. $ 400K equity from sale after Trustee 's bid of $ XXXX. Excess proceeds would pay-off outstanding balances to IRS and HOA, then leave approximately $ 350K of surplus funds for me to start over and deal with significant health issues. During last recession, I depleted all assets, including 401K, so this is my only source for retirement savings/healthcare ( significant health issues since XXXX and continue- XXXX - like having XXXX XXXX every day ). The home is listed for sale at {>= $1,000,000} and several buyers put home in top two for consideration, but pending Trustee sale date scares them away. I have not received proper notice the sale will not be extended again and Mr. Cooper has been unresponsive to my attempts to contact them over past few weeks. Also, my attempts to obtain a 'Surplus Funds Form ' have gone unanswered for months. In XXXX, I emailed Mr. Cooper 's attorney of record and receive email response stating their files were closed. ( see attached email string attached ). I requested this form from XXXX XXXX XXXX, handling the Trustee Sale, and they do not have one. No one seems to know where to get a copy of form? I asked for reinstatement amounts last XXXX and never received. Asking for same over past week via voice mail to Mr. Cooper, but nothing yet. Understand hurricanes have caused increased work for Mr. Cooper and workers overwhelmed. Respectfully request the Trustee Sale be extended to XX/XX/XXXX ( 60 days ) to allow me reasonable time for a buyer to close. I have not received property notice due to lack of communication from Mr. Cooper and negative response from Mr. Cooper 's attorney, who stated 'file closed ', but today Mr. Cooper says file is open. Mr. Cooper 's attorney non-responsive to me. Please help - I remain in home and keeping it in tip-top shape. Interested buyers are afraid to move forward and feedback very positive - 'lovely home ' and 'well maintained '.
Company Response:
State: AZ
Zip: 850XX
Submitted Via: Web
Date Sent: 2018-10-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A