Date Received: 2016-03-29
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: They took my money via wire transfer and promised a recast of my mortgage and did not do what they said they were going to do. It has been 3 months of fighting with them to correct the new payment amount. They lie, say there is no recast department however their forms sent on their letterhead states Att : Recast ; they say they never received the forms, I sent the tracking slip from the post office showing they received it ; they state they never received my emails but when I log into THEIR online messaging system it shows all of my emails to them along with their generic auto response : Thank you for contacting Nationstar a customer service representative will contact you '' which they never do!. They drop my calls and refuse to help, they are predatory lenders. To date, I have spent several hours on the phone with them as well as faxing and emailing them with no response or help whatsoever.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MA
Zip: 016XX
Submitted Via: Web
Date Sent: 2016-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-29
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have a fixed-rate VA loan serviced by Nationstar Mortgage ( XXXX XXXX XXXX XXXX ). I closed on the property XXXX with advisement that my payments, including mortgage and taxes, would be approximately XXXX per month ( per the HUD Statement ). Per the FORM XXXX - XXXX Fixed Rate Note - my mortgage payments from the inception to XXXX 2016 has been {$1800.00} per month. On XXXX XXXX XXXX, I receive an payment change from Nationstar advising that my monthly mortgage payment would increase as of XXXX XXXX from {$1800.00} to {$3800.00} - an increase of {$1900.00} - due to a " shortfall ''. We have a legal agreement with Nationstar via the Form XXXX ; and for them to suddenly increase monthly mortgage in this manner/to this amount is a violation of the consumer protection laws.
Company Response:
State: TX
Zip: 77433
Submitted Via: Web
Date Sent: 2016-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-29
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I just filed complaint # XXXX XXXX XXXX XXXX at XXXX in haste and my attachment was missing XXXX key documents. 1. Nationstar FTC XXXX XXXX XXXX " XXXX Points of Complaint on a Word Doc '' 2. Nationstar School Tax Contract & Escrow XXXX XXXX XXXX XXXX. Nationstar FTC-CFPB XXXX XXXX XXXX email confirming receipt of the above confirmation. Nationstar FTC XXXX XXXX XXXX was my research information. Word doc.
Company Response:
State: TX
Zip: 77388
Submitted Via: Web
Date Sent: 2016-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: To Whom It May Concern, I am filing this Complaint with the CFPB because of Nationstar Mortgage LLC 's, herein Nationstar, blatant disregard for the law. I have been fighting to save my home since XXXX. Upon hearing and learning about the questionable practices from our nation 's stop mortgage servicers, I decided to inquire more about my debt obligation. In doing so, I discovered that I too have been a victim of shoddy mortgage practices. As a result of my research, I mailed to my servicer, Nationstar a Notice to Rescind on XXXX XXXX, XXXX. Nationstar received my Notice to Rescind on XXXX XXXX, XXXX. Nationstar failed to take the necessary and mandatory steps under the Truth in Lending Act, herein TILA, by unwinding the transaction and sending me a reconveyance on the debt or file a lawsuit against me within 20 days. Under the Act, Nationstar had 20 days to take these mandatory steps, they did neither. The first step mandatory step under TILA is that it automatically cancels the Deed of Trust and the debt by operation of law. Congress intended TILA to be self-enforcing. It appears that Nationstar has no interest in following the steps mandated under TILA. The statute and regulation clearly specify that the security interest and promissory note arising by operation of law on the property becomes automatically void. The Official Staff Commentary, a commentary by the Federal Reserve, has stated the creditor 's interest in the property is " automatically negated regardless of its status and whether or not it was recorded or perfected ''. Furthermore, the security interest is void and of no legal effect irrespective of whether the creditor makes any affirmative response to the notice. Under TILA, Nationstar has no right or authority to grant or deny, agree or disagree with my Notice to Rescind. Strict construction of Regulation Z would indicate that the voiding be considered absolute and not subject to judicial modification. The statute makes no distinction between the right to rescind in 3-day or extended as neither cases nor statute give the courts equitable discretion to alter TILA 's substantive provisions. There is no burden of proof for me to make the rescission effective. The voiding of the security interest is not a procedure in a sense to be followed or an action to be taken, it is automatic by law. Because the voiding is done by operation of law, any foreclosure activity currently pending on my property must be canceled forthwith. There can not be a legal foreclosure n a Deed of Trust that is null and void and has been canceled. If Nationstar or my actual creditor wanted to challenge my Notice to Rescind, they had to have filed a lawsuit against me challenging the rescission as a creditor. They failed to take this action. Since Nationstar and/or my actual creditor failed to take that action, Nationstar has no right or standing to challenge it now as any defense to my Notice to Rescind are now barred and is effective as of the date it was mailed. Given the blantant disregard and disrespect to my TILA rescission rights, I respectfully request that you immediately review my case in critical detail and make a determination that Nationstar is in violation and should suffer consequences for their action. It is my belief that these servicers should be held accountable for violating both Federal and State laws. Thank you, XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90043
Submitted Via: Web
Date Sent: 2016-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-28
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX XXXX Mortgage XXXX XXXX, was my mortgage company. They sold my mortgage to another company. The company was the servicer of the mortgage for almost 4 years. XXXX XXXX had the mortgage. The transfer of the mortgage was never recorded in XXXX XXXX records. Then, in XXXX Aurora loan services recorded an assignment of mortgage from XXXX XXXX Mortgage XXXX, XXXX to XXXX. The assignment was supposedly executed in XXXX and the XXXX companies involved did not have the mortgage. The documents were never recorded in XXXX XXXX records until another mortgage company by the name of Aurora loan services bought the mortgage. Since it is supposed to be recorded in XXXX XXXX records within a certain amount of time in relation to the closing date, I feel these companies have acted fraudulently. The assignment of mortgage was allegedly signed on XXXX/XXXX/XXXX by XXXX XXXX Mortgage XXXX, XXXX XXXX XXXX XXXX Mortgage XXXX, XXXX. The assignment was not recorded in XXXX XXXX records of XXXX until XXXX/XXXX/XXXX. Where did this document sit for all that time? This document supposedly sat in limbo and then mysteriously appeared in XXXX, when Aurora loan services bought the loan. I feel there has been fraudulent activity and do not feel that the assignment of mortgage that was recorded is valid or legal. I would also like to add that XXXX XXXX Mortgage XXXX, XXXX and XXXX XXXX XXXX, XXXX are XXXX separate entities. So XXXX XXXX XXXX, XXXX would not have had the legal authority to assign my mortgage to XXXX and why would the recorded document be returned to Aurora Loan Services and not XXXX?
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32526
Submitted Via: Web
Date Sent: 2016-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am currently greater than 7 months past due on my XXXX mortgage with Nationstar. After repeated attempts to negotiate with my lender, I have exhausted my options. Unless my own finances miraculously improve in the immediate future, I expect to lose the house. The company representing my mortgage ( XXXX XXXX ) has repeatedly circumvented security measures in place at a gated suburban development in order to illegally trespass on an occupied residence under false pretenses. XXXX has, on at least three ( 3 ) occasions, conducted fraudulent inspections of my property in the process of illegally trespassing, despite the property being in good repair, interior furnishings and personal items being present in the property and clearly visible, and utility services being active. No reasonable attempt was made to ascertain the livability or current occupancy before the notice of abandonment was posted. Each time the notice of abandonment was posted I notified XXXX that the property was not, in fact, abandoned and/or vacant. I have repeatedly attempted to contact XXXX to request written confirmation that they understand that the property is still occupied and being maintained to livable standards, which they have refused. I suspect they will attempt to conduct another fraudulent inspection next month, and have threatened the inspectors with arrest and company with legal action should they do so.
Company Response:
State: OR
Zip: 97128
Submitted Via: Web
Date Sent: 2016-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am the XXXX ( XXXX ), a homeowner 's association with approximately XXXX homes in the XXXX, Texas area. The average price of our homes is generally between $ XXXX to $ XXXX. A property located within our subdivision is XXXX XXXX, XXXX, TX XXXX. This property was abandoned by its owners, who went through a divorce, in about XXXX. Of course the HOA fees are past due but that this is not the basis for this complaint. The property at one time was in great shape but no longer. The brick mail box has fallen down, portions of the siding have rotted away which appears now to allow access to rodents coming into the attic, the grounds are minimally maintained by a management company, the backyard does have a pool which is secured but the fence is falling down and the backyard is a health hazard as it is overgrown with vegetation. XXXX, XXXX, Oh XXXX is a property management company that works for Nationwide Mortgage ( the mortgage holder ) in managing this property. However they do it only when we call them and it takes months to get things done. XXXX XXXX is the contact at XXXX ( XXXX ). I have tried to contact Nationwide Mortgage to find out why this home has not been foreclosed upon in eight years but of course they will not speak to me as I am not the owner and for privacy reasons. We continue to have complaints from neighbors about this subject home because it is an eyesore to the area and homes near by are difficult to sell because of this property. We request that you do whatever can be done to get Nationwide Mortgage to move forward with the foreclosure. They have already lost so much money in just letting this home sit and decline for the past eight years.
Company Response:
State: TX
Zip: 77450
Submitted Via: Web
Date Sent: 2016-05-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Our primary residence home was foreclosed on last year by Nations star Mortgage. During this process we made heroic efforts to accomplish a short sale and thus mitigate the loss to the lender, with no cooperation at all from them. They took title to the property and sold it within a short period of time. We have subsequently received an IRS XXXX for {$410000.00} which amount represents the entire loan balance. We feel that this tax liability is is error, and they refuse to correct it.
Company Response:
State: FL
Zip: 33710
Submitted Via: Web
Date Sent: 2016-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: While I was in bankruptcy from XXXX to XXXX I had my Mortgage modified to 2 % and was making payments of XXXX. After some time NaitionStar bank pulled the modified terms claiming the the person who did it did not work there then they said she was not authorized. Clearly someone authorized it and the banks computer system was taking my modified payments. I ended up making several payments over XXXX during my bankruptcy. I ran into financial trouble and missed some payments and was under the impression that because I was in bankruptcy I was not required to make payments. When I tried to pick up on the payments I was told that was not enough. So since the terms and interest rate was changed for 2 % to 7.875 % there have been XXXX thousands of interest over charges and the told me I had to pay {$250000.00} when the principal balance is only XXXX At any rate I am going through another modification attempt to reduce the balance and make the payment amount 30 % of my current income. I have been granted a Trail payment plan for XXXX from XX/XX/XXXX to XX/XX/XXXX I have submitted all the required documentation to reapply for the FHA HAMP modification program. The websites states it could take up to 30 days for NationStar to process. However I was told by XXXX XXXX around XX/XX/XXXX that they will do nothing until all XXXX trail payments are made. He also told me the loan terms will stand as is and not change. So they have clear blatant disregard for the HAMP program and have no intention on modifying my loan terms as it could be under HAMP. Attached are approval letter for the Trail payment, screen shot showing they have all required docs for the modification, Mortgage statement showing a minimum payment over {$260000.00}, And a Nationstar screen shot showing the principal balance with the raised interest rate of 7.875 %
Company Response:
State: PA
Zip: 175XX
Submitted Via: Web
Date Sent: 2016-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-28
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: At the end of last year my statement showed I had {$550.00} in escrow. I paid another {$30.00} into escrow for the next 3 months for a total surplus of {$640.00}. Nationstar paid {$360.00} for insurance leaving {$280.00} balance surplus. Nationstar will not reimburse me the surplus.
Company Response:
State: CO
Zip: 80260
Submitted Via: Web
Date Sent: 2016-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No