Date Received: 2016-09-13
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX filed a fraudulent secured proof of claim under penalty of perjury against real property of my estate. The details of the fraudulent proof of claim are incorporated in the attached pleadings filed after we prevailed on appeal to the XXXX. and include the following : 1 ) XXXX filed a secured claim under penalty of perjury against real property of my estate asserting it is the actual secured claimant. XXXX maintained the claim in its own name for over two years, filing numerous pleadings in my main case, objecting to the confirmation of my plan of reorganization, as well as filed documents on its own behalf in the the adversary proceeding asserting at all times it is the true and actual secured creditor, not acting as an agent for any other party. 2 ) Upon filing for summary judgment two years after filing the secured claim in its own name, XXXX switched its position and for the first time in over two years, asserted it is actually a servicing agent for Wells Fargo Bank N.A . as XXXX for XXXX XXXX ( Wells Fargo ). This assertion however conflicts with its answer to the First Amended Complaint wherein XXXX denied Wells Fargo has anything to do with the secured claim, and conflicts with the findings of the XXXX. 3 ) The lower bankruptcy court granted XXXX 's motion for summary judgment. The XXXX. reversed on appeal holding that XXXX failed to establish it is a servicing agent for Wells Fargo, and also held that Wells Fargo failed to establish that it is the actual secured creditor. The XXXX further allowed our fraud cause of action to proceed to trial. 4 ) The attached XXXX for Leave to Amend follows the XXXX proceedings prior to trial. The amended complaint ( " SAC '' ) is Exhibit XXXX of the XXXX for Leave. The SAC outlines the fraudulent proof of claim and includes the XXXX XXXX XXXX. 5 ) XXXX purportedly acting for Wells Fargo filed XXXX materially inconsistent promissory notes representing the same underlying mortgage debt ; XXXX note was filed with the proof of claim under penalty of perjury, and a note containing different indorsements was filed with the motion for summary judgment. XXXX for XXXX who states they are ultimately acting for Wells Fargo, purports to be in possession of the note filed on summary judgment but is not in possession of the note with indorsements filed with the proof of claim. Further, XXXXWells Fargo argued to the XXXX that the note was " re-indorsed '' but failed to explain to the XXXX that the indorsements appear on the back side of the signature page of the original note, and therefore " re-indorsement '' is an impossibility - a fabrication and misrepresentation made to me, the XXXX, the lower bankruptcy court, and the XXXX Trustee. 6 ) As plead in the attached, the documents produced to us, establish that the promissory note was copied, the copy was fraudulently indorsed to give the appearance that is it a bearer note in compliance with XXXX XXXX, and then both notes representing the same underlying mortgage debt and encumbering my real property were sold into the secondary market garnering multiple recoveries on the same underlying mortgage debt. * Wells Fargo Bank N.A . 's, and XXXX 's improper conduct is pervasive and harmful to the public. The CFPB published its XXXX XXXX, Monthly Complaint Report with Wells Fargo Bank N.A . named the number XXXX most complained about mortgage company and XXXX the number XXXX most complained about mortgage company. * Wells Fargo 's improper conduct has also been set out in the documents pertaining to the $ XXXX National Mortgage Settlement, the $ XXXX XXXX settlement with the XXXX Trustee, and most recently in the CFPB 's recent action fining Wells Fargo $ XXXX for, creating more than XXXX XXXX fake checking and credit card accounts.
Company Response:
State: CA
Zip: 91302
Submitted Via: Web
Date Sent: 2016-09-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-12
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: On XXXX XXXX, 2016 Nationstar sent me a letter in CFPB case number XXXX stating they needed the following documents : new RMA ; two months proof of income ; quarterly profit and loss ; proof of occupancy. I faxed all of these documents to their modification department at XXXX promptly on XXXX XXXX, 2016 and kept the fax receipt. Nationstar responded in CFPB Case number XXXX that they, " ... uploaded these documents to my review file on XXXX XXXX, 2016 ''. Since then they have sent me letters stating they need the same XXXX documents on XXXX XXXX, 2016 and on XXXX XXXX, 2016. In between these letters I received a letter on XXXX XXXX, 2016, stating all that was needed for my modification review was a new Dodd- Frank Form and Proof of rental income. This can be verified in CFPB case number XXXX. I have submitted these documents as well. All of this pattern of fraud has happened after Nationstar requested the same document ( profit and loss statement ) five times in a XXXX month period between XX/XX/XXXX and XX/XX/XXXX. I submitted profit and loss statements all 5 times which is noted in case number XXXX. Furthermore, Nationstar initially denied trying to foreclose on my property while under review for a modification ( dual tracking ) until I submitted proof of the sale dates to the CFPB and only then did they admitted setting sale dates in CFPB case number XXXX. Nationstar 's continued response for years is that they do not have a complete document package to review despite now admitting they have uploaded the documents they request. This is dual tracking or loan modification fraud.
Company Response:
State: MD
Zip: 216XX
Submitted Via: Web
Date Sent: 2016-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-13
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Re : Loan # XXXX Dear Sir or Madam : The reason for this letter is to report that I am in the middle of a loan modification and also a foreclosure for my home, which was filed unknowingly against me by Nationstar Mortgage. The scheduled sale of my property is set for XX/XX/2016, which I was not aware of. Most importantly, I was uninformed and relying on Nationstar Mortgage representative 's verbal promise that stated : " We will not foreclose on your property while under the process of obtaining a loan modification. '' Furthermore, Nationstar Mortgage purchased my mortgage from XXXX over two years and the loan has ballooned with numerous outstanding fees tacked onto the account each month. So, I am requesting that the mortgage company forward me the information listed below. Please forward an itemized breakdown of principal and balance amounts pertaining to the loan. I am also requesting the complete details and contact information and an audit of account by outside source. I greatly appreciate your assistance in this matter and look forward to your prompt response. Respectfully, XXXX XXXX
Company Response:
State: LA
Zip: 70058
Submitted Via: Web
Date Sent: 2016-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-12
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I changed my insurance on XXXX XXXX. They failed to recompute the escrow in a timely fashion. They also paid both insurance companies. I sent both the principle and interest and the money they told me I needed to replenish escrow. They made several other errors/slow calculations/mishandling of escrow funds that took over month to straighten out. Even though I had sent them more than enough money to cover my principle/interest and escrow, the reported me to the credit reporting agencies as having a late payment.
Company Response:
State: AL
Zip: 36609
Submitted Via: Web
Date Sent: 2016-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-11
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I lost my job in JuIy 2012 when I became fully XXXX and could not work. Over the course of the next two and a half to three years I went through the XXXX process with both the VA and Social Security, ultimately being approved as XXXX by both. Over the course of the application process, I was unable to pay my mortgage. My mortgage was ultimately bought by or transferred to NationStar Mortgage. After approval for XXXX by the VA and SSA, I got a mortgage modification with NationStar Mortgage after my approval from the two agencies. In addition to the mortgage amount, they added on a final payment of approximately {$66000.00}. This essentially still leaves me underwater in my mortgage. At the time I did n't feel like I had any choice, because my credit had been damaged. I think this is ridiculous since the issue was caused by an issue beyond my control. I will pay all of the interest associated with my modified mortgage amount. I do not feel it is fair to also have to pay past interest.
Company Response:
State: FL
Zip: 33823
Submitted Via: Web
Date Sent: 2016-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-11
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: In XX/XX/XXXX we wanted to refinance our home at a lower interest rate, so we contacted Nationstar ( who our mortgage is through ) and they did not want to help us at that time. So we tried XXXX XXXX XXXX. We paid {$500.00} for an appraisal on our home to them. So they approved us. when XXXX XXXX requested our pay off to NationStar, Nationstar then called us to tell us that they now wanted to help us, and gave XXXX XXXX a bad name by saying they were not a legal company to borrow money from. Nationstar told us that they did not disclose all expenses that we would have getting our loan. by financing through them. So I asked if I should call the State Attorney General Office of Calif and they said no, the federal government oversee this kind of loan. Nationstar told us that we would get more money out of our house and a lower interest rate by staying with them. But we had to pay for another appraisal on our house even though we just had paid for one through XXXX XXXX. It was another $ XXXX plus. Nationstar took 2 months to get back to us and tell us we needed a second heating source to be approved and the appraisal was much lower then the XXXX from XXXX XXXX. So they kept us at a high rate of interest, this was only the start of discrepencies with them. XX/XX/XXXX, we signed up with Nationstar under the Excelerator program meaning that we would pay more money twice a month towards our mortgage. We set this program up under XXXX different accounts on XXXX different dates as a automatic withdraw from our accountsXX/XX/XXXX they made an error taking from the wrong account on the wrong date so it messed our finances up. We called them about it once we found out they took from the wrong account. After 3 to 4 calls, this was reversed and corrected. Then it happened 2 more times, they did not correct it until we called them again. XX/XX/XXXX it happened again taking from wrong account with no money there to take so they closed our Excelorator account without telling us. Put us back on the regular loan account once a month. We called to have them correct it and we had to manually send it to them altho they already had the money from wrong account. It took 14 days to have this corrected and they charged us a service charge making that payment late. Then we received certified mail for 3 months that we were late and behind, when this was all their error. We always pay our mortgage on time or by the grace period. XX/XX/XXXX, we received a call from our house Insurance, XXXX, that they had not been paid. ( our house Insurance is included in our mortgage payment from our excrow account ). I called Nationstar to check on our escrow account money because Insurance had not been paid. So now we had no house Insurace covrage for 2 or 3 months. After a 3 hour call to Nationstar and a few different departments, they found out that they had given our Insurance money to someone else 's account. They said they would correct the error, but took up to 5 days. Now, since XXXX XXXX Nationstar wants us to pay the money that they paid to someone else 's account, ( we have their name ) .They added this money to our house payment and we have called them over and over again to tell them this still needs to be corrected as this is not our error, it 's theirs. When we call, this goes to XXXX through the service center and they do n't do anything. Now our payment has increased {$900.00}. We cant and are not going to pay this. It 's not our fault they sent our money to someone else.
Company Response:
State: CA
Zip: 95969
Submitted Via: Web
Date Sent: 2016-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-10
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: This is my second complaint against Nationstar Mortgage LLC, once again I have submitted a loan modification application to Nationsatr on XXXX/XXXX/2016 by e-mail and certified mail they signed for on XXXX/XXXX/2016, since then it has been over five ( 5 ) days and no response from Nationstar instead I received a letter saying that my home is being sold at a auction on XXXX/XXXX/2016 at XXXX XXXX. Nationstar and its attorneys have and continued to violate the rules and right now I am being Dual-Tracked where I have a loan modification pending and my home is scheduled to be sold. At this time I need help with this matter as this have been an on going infraction of my civil rights under the XXXX XXXX XXXX XXXX XXXX and President Obama making homes affordable. Just to point out that Nationstar and its attorney continues to violate Regulation X and is getting away with it I need not only answers but I need to have Nationstar, s CEO XXXX XXXX prosecuted for fraud since owing to the fact that instead of helping struggling homeowners get a reasonable modification he is acting like a Slum Lord where he just wants to foreclose and make a gigantic profit and our Government is letting him get away with it. At this time I have complained to CFPB before and I have gotten nowhere I need XXXX XXXX to look into my complaint and do something about it I have enough proof to show that Nationstar is committing fraud which I can submit to CFPB or to the general public including members of Congress. Please see attached documents also I can be reached at XXXX to further discuss this.
Company Response:
State: MD
Zip: 208XX
Submitted Via: Web
Date Sent: 2016-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-09
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: NationStar Mortgage ( XXXX, TX ) did not impound my property taxes and property insurance for over a year - their error caused my escrow account to be short {$3900.00}. When they discovered their mistake NationStar forced me to take out another loan which they are again collecting interest on. To payoff the new loan, my wife had to get a new full time job. Details : XX/XX/XXXX we refinanced our home. Our mortgage was with XXXX XXXX for $ XXXX/month. The mortgage was sold to NationStar Mortgage and that 's when the problems began. XX/XX/XXXX, NationStar audited our mortgage account and said there was an overage in the escrow where our property tax and home insurance is impounded. NationStar re-adjusted our mortgage payment to $ XXXX/month. I took issue with this adjustment and called NationStar and had them re-check the new figures. They assured me that everything was in order. XX/XX/XXXX NationStar found their mistake and sent me a bill for {$3900.00} and insisted it be paid immediately. I could not pay, so NationStar forced me to take out another loan with them to pay for their mistake. NationStar is earning interest on this XXXX loan at my expense - now I 'm stuck me with the burden of paying off XXXX loans. As a direct result of the NationStar mistake, my wife had to get a new full time job. This never should have happened. NationStar should be held accountable for their mistake. I immediately sent a certified letter strongly stating my discontent to their company president, XXXX XXXX, asking that NationStar be return my mortgage back to the correct amount of $ XXXX/month and they restore the missing {$3900.00} to my escrow account. Neither XXXX XXXX XXXX or anyone else from NationStar responded to my demand letter. Please help me hold NationStar responsible for their own errors.
Company Response:
State: CA
Zip: 93021
Submitted Via: Web
Date Sent: 2016-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-09-09
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Nationstar is charging me bogus fees for no reason, I 'm not late, completely current and paying extra every month on my loan and since XX/XX/2016 they 've charged me a ttl of {$90.00}. They are SUCH a horrible company, they can not tell me what the fees are for, they should n't be allowed to do business.
Company Response:
State: MO
Zip: 64118
Submitted Via: Web
Date Sent: 2016-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-09-09
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Hello ; I have been attempting to catch up on past due payments for my mortgage, however my mortgage refuses my payments and returns them to my bank. I either need to pay the full amount past due or I 'm at risk of foreclosure. I was XXXX for 2 months and out of work, I notified them of that. I sent them one full payment last week and it was returned. I have attempted to pay online via their website, and have contacted my Dedicated Loan Specialist to discuss the problem. I simply want to pay additional until caught up and do not want my home foreclosed. I faced a temporary issue that is now resolved.
Company Response:
State: CA
Zip: 95624
Submitted Via: Web
Date Sent: 2016-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes