Date Received: 2016-02-17
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: To Whom It May Concern, I have been fighting to save my home for the past three years. During my fight, my servicer has been changed from XXXX XXXX XXXX, XXXX, herein referred to as XXXX, to Nationstar Mortgage LLC, herein referred to as Nationstar. Much like XXXX, Nationstar has failed to address the many requests for information and documentation I have been requesting for the past few years. Due to the fact that XXXX and Nationstar have failed to provide me the information I requested, which includes who is the true beneficiary of my debt, I mailed to Nationstar a Notice of Rescission. On XXXX XXXX, XXXX, I mailed to Nationstar a Notice of Rescission to cancel my Deed of Trust and promissory note. To date Nationstar has ignored my rescission. Based on information and belief, pursuant to the Federal Truth In Lending Act, herein referred to as TILA, 15 U.S.C. 1635 ( b ) and Regulation Z, the Deed of Trust and promissory note or lien arising by operation of law on the property becomes automatically void. Congress intended for the rescission to be self-enforcing and failure to comply with rescission obligations subject Nationstar to liability. Under TILA, delivering notification to the person or address to which the consumer has been directed to send payments constitutes delivery to the creditor or assignee. Rescission rights are equally enforceable against original creditors and assignees pursuant to 15 U.S.C. section 1641 ( c ). Nationstar received my Notice of Rescission on XXXX XXXX, XXXX, more than 20 days has passed and Nationstar had taken no action. As noted by the Official Staff Commentary, a commentary made by the Federal Reserve, 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 the act, a creditor has no right or authority to grant or deny, agree or disagree with a notice of rescission. In fact, under TILA, if Nationstar wanted to challenge by rescission rights, they should have file a declaratory action against me within twenty days of receiving my Notice of Rescission. They failed to do so. As upheld in the recent U.S. Supreme Court Opinion in XXXX v. XXXX, the statute makes no distinction between the right to rescind in 3-day or extended as neither case nor statute give courts equitable discretion to alter XXXX 's substantive provisions. There is no burden of proof for me and consumers to make the rescission effective. Nationstar has failed to comply with the mandated steps under TILA and is attempting to foreclose on a Deed of Trust that has been made null and void by operation of law on XXXX XXXX, XXXX. I do not understand how they are able to foreclose on a null and void Deed of Trust. I am filing this complaint because of Nationstar 's refusal to abide by Federal and State law. Given the blatant disrespect for my TILA loan rescission rights, I respectfully request that you, the Consumer Financial Protection Bureau, immediately review my case in critical detail and determine that Nationstar is in violation and are subject to liability under the Act and take the appropriate action allowed. It is my belief that these lenders and servicers should not be allowed to disregard the law with no consequences.
Company Response:
State: CA
Zip: 92336
Submitted Via: Web
Date Sent: 2016-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XX/XX/XXXX I got behind in my mortgage payments. My mortgage is a Texas Fixed Rare Mortgage. XXXX XXXX XXXX transferred it to Nationstar and I returned it to status. I did not sign a Modification at any time increasing my interest rate at any time, XXXX it was increased to 5 %, which put a burden on me and my granddaughter, we are on food stamps and Tanf. It is illegal to do this without written authorization.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I made my regular payment to my XXXX Mortgage Lender Nationstar on XXXX XXXX, XXXX, in the amount of {$690.00} ( Regular monthly due ) + {$9.00} ( Transaction Fee ) + {$100.00} extra towards additional principal. Instead of posting my {$100.00} towards towards Principal, Nationstar posted {$100.00} towards some type of fee. They are stealing my money. They already stole over {$500.00} in the past in the name of interest that was not part of my payment agreement that I made with Nastionstar XX/XX/XXXX. I do n't know where and how to fight back against Nationstar stealing my money and others. Please feel free to contact me any time at XXXX. XXXX XXXX XXXX XXXX XXXX
Company Response:
State: CA
Zip: 90713
Submitted Via: Web
Date Sent: 2016-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My deceased father XXXX XXXX home may be going into foreclosure due to XXXX Loan fraud. On XXXX/XXXX/XXXX XXXX XXXX mortgage lender ( out of business as of XX/XX/XXXX ) had a phone interview with my father. There was no XXXX Counseling certificate and no loan application singed by the deceased homeowner. On XXXX/XXXX/XXXX an appraisal was done on the property. According to the Hud FHA guidelines nothing can be processed until the homeowner has counseling and the certificate is signed by the homeowner and counselor. FHA requires a case binder for XXXX loans during the lifetime of the loan. At this time, I am requesting any documents pertaining to XXXX XXXX. Please note, the loan was transferred to XXXX XXXX XXXX on XXXX/XXXX/XXXX, whom was found liable due to mortgage fraud. On XXXX/XXXX/XXXX the loan was transferred to Nationstar which is now being investigated by NEW YORK STATE Department of Financial Services due to improper fees, mortgage modification and lost paperwork. FHA # XXXX XXXX provided by XXXX XXXX , XXXX.
Company Response:
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-15
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My deceased father 's XXXX XXXX home may be going into foreclosure due to XXXX Loan fraud. On XXXX/XXXX/XXXX XXXX XXXX mortgage lender ( out of business as of XXXX ) had a phone interview with my father. There was no XXXX Counseling certificate and no loan application singed by the deceased homeowner. On XXXX/XXXX/XXXX an appraisal was done on the property. According to the Hud FHA guidelines nothing can be processed until the homeowner has counseling and the certificate is signed by the homeowner and counselor. FHA requires a case binder for XXXX loans during the lifetime of the loan. At this time, I am requesting any documents pertaining to XXXX XXXX XXXX LOAN. Please note, the loan was transferred to XXXX XXXX XXXX on XXXX/XXXX/XXXX, whom was found liable due to mortgage fraud. Then on on XXXX/XXXX/XXXX the loan was transferred to Nationstar which is now being investigated by NEW YORK STATE Department of Financial Services due to improper fees, mortgage modification and lost paperwork.
Company Response:
State: NY
Zip: 11216
Submitted Via: Web
Date Sent: 2016-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-15
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Nationstar Mortgage has given me a " loan modification '' that makes my mortgage payment higher than the original one. In XXXX XXXX I signed an agreement with Nationstar for the loan modification, accepting it even though the monthy payments would be about {$100.00} more than the original monthy obligation. They said I had no choice, " take it or lose the property. '' In XXXX XXXX, Nationstar informed me that they were adding an escrow payment to my loan that would raise the monthly payments by about {$700.00}, starting XXXX XXXX, XXXX. How can they think that this is " affordable ''.? They advised me two weeks after the " loan modification '' was signed about this increase. The market value of my unit per month in XXXX is only {$1500.00} a month. The new monthly mortgage payment is {$2000.00}, as of XXXX XXXX, XXXX. There are also HOA monthly fees and electricity to pay. It costs me now about {$2500.00} a month to live in this unit. This is not affordable. I also do n't understand my loan statements which are different each month with various fees. I can not make sense of these statements. Nationstar has also accepted an application from me on XXXX XXXX, XXXX for another loan modification and is also at the same time, telling me that I am not eligible for another loan modification until XX/XX/XXXX. I am confused now about why they offered me an application when I am ineligible.? Their letters they send me say that they have " modified my loan to make it affordable ''. This is not a true statement.
Company Response:
State: HI
Zip: 96822
Submitted Via: Web
Date Sent: 2016-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Nation Star has, even though we have made arrangements to repay past due and current balance ; called us repeatedly ; even after multiple requests to stop.
Company Response:
State: PA
Zip: 173XX
Submitted Via: Web
Date Sent: 2016-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-15
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Date : XXXX/XXXX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Phone : XXXX Email : XXXXXXXXXXXX Nationstar Mortgage XXXX. XXXX XXXX XXXX, XXXX XXXX Phone : ( XXXX ) XXXX Email : XXXXXXXXXXXX Dear Consumer Financial Protection Bureau : Re : Loan Modification The sole purpose for filing this complaint is due to the amount of interest charged to my predatory loan. I have been unable to modify my loan after several attempts since XX/XX/XXXX. The loan was sold to Nationstar Mortgage and they told me I could modify my loan to lower my payments and prevent my home from being foreclosed. When I proceeded with the loan modification, I was told I owed about {$87000.00}. The loan amount has constantly increased, since my failed attempts to request modification. There are more unwarranted charges added to my loan that I do n't quite understand. I desperately need your assistance, not more debt. I am XXXX and the practices of Nationstar Mortgage and XXXX XXXX XXXX are unethical and aimed at taking advantage of consumers who are experiencing financial hardships. Furthermore, I applied for a loan modification with XXXX XXXX XXXX back in XXXX. I fully complied with all request but never got any resolution. So in my disappointment, I was told by a loan specialist with the XXXX XXXX XXXX, XXXX XXXX XXXX they lost my paperwork. Not to mention the fact, XXXX XXXX XXXX has a history of losing paperwork and delaying mortgage loan modifications. I was told there was nothing they could do to re-open my case. After submitting my paperwork again and waiting for the reviews and underwriter to make their decision, I was once again denied the modification because of lost paperwork and offered another forbearance. I am told different explanations each time I call and was actually told that they were awaiting a decision from the underwriters. This is gross negligence on behalf of XXXX XXXX XXXX 's part to avoid modifying my loan with the misplacing of paperwork as a stalling tactic. Then they conveniently transferring my mortgage to Nationstar Mortgage without my knowledge, while I am awaiting a loan modification. This is the reason why I am frustrated with XXXX XXXX XXXX & Nationstar Mortgage and now my mortgage is underwater. I would greatly appreciate your assistance in investigating this matter and remedying the unwarranted affects of foreclosure. Respectfully, XXXX XXXX
Company Response:
State: LA
Zip: 70058
Submitted Via: Web
Date Sent: 2016-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-02-13
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Our mortgage is current. We make our monthly payments every month, on time or early every single month. NationStar continues to keep not applying our payments despite taking our money every month. Every time that we call them we are transferred and transferred and they keep telling us that theyre working on it, but there is no resolution. We are getting serious default letters when we are making our monthly payments every month. We are at risk of foreclosure come XXXX XXXX, even though Nationstar has been accepting our full monthly payment every month.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: KY
Zip: 42301
Submitted Via: Web
Date Sent: 2016-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-14
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I recently went through a chapter XXXX bankruptcy which began XX/XX/XXXX and was discharged XX/XX/XXXX. My mortgage was not part of the bankruptcy, and all mortgage payments were paid in full and on time. Initially with XXXX, the mortgage was sold ( or transferred ) to XXXX a year into my bankruptcy. XXXX immediately accused me of owing an additional payment, which was not true. I have all of my reciepts and the release from XXXX which clearly shows I was current before and at the time of the transfer. When XXXX realized I was under chapter XXXX protection, they dropped their allegations against me. I paid XXXX every month - never late, which I can clearly and easily prove with my reciepts of all the payments I sent to XXXX. Shortly after my bankruptcy was discharged, XXXX sold my mortgage to NationStar Mortgage. NationStar immediately ( yes, again ) accused me of missing a payment. I responded to them by sending copies of all of my payments - beginning several months before XXXX sold the loan to XXXX, so there could be absolutely no mistake that my account was current from before XXXX sold the mortgage, to the date of the transfer to XXXX, through the entire time XXXX was the servicer. In all this time, representing over 2 and 1/2 years, my receipts as well as the release from XXXX show clearly and quite simply that I am not and was not late, and I have not missed a payment. So, I am told the issue is that I did not make the first payment to NationStar, and that is somewhat correct, because I made the payment to XXXX. It was only after I made the payment to XXXX that I received notice that XXXX had sold/transferred the mortgage ... I believe this was intentional on their part so they could get that extra payment and not forward it to Nationstar. I do not know if that is the case. This is not something I would have had any control over, at any rate. However, I do know, and I can prove with absolute certainty that I am completely current and I can easily prove this. I believed that once NationStar looked at my receipts that they would see that they were wrong and correct this. I was wrong. I have spent the last 2 months trying to get them to fix this, as well as repair my credit, but they are asserting that I owe them and they have this week added late charges to this fictional payment they claim I owe them. They could easily see they are wrong if they just took a look at my receipts, but they are not interested in my proof. Rather, they are relying on their own paperwork and XXXX 's paperwork, the entirety of which is clearly proven to be false by my records. In fact, they are arrogant about this, with the latest Nstar employee stating to me that they consider the matter closed. I obviously do not have the power to compel them to fix this, and I get the feeling that this is on purpose by them so they can begin to attempt to mine me with this fictitious charge, late fees, and whatever else they will begin to attempt to collect as time goes by. I believe they are corrupt and this is just their mode of operation. But, I am only one person, with limited resources, and apparently with no way to compel them to do the right thing. So, my credit is showing late payments, I can not even consider refinancing my mortgage because they have trapped me in their company, and any actions I take that involve someone checking my credit will be damaged by the fraudulent information on my credit report that NationStar is actively maintaining. I believe NationStar is a corrupt company, and they are trying to hurt me just for profit.
Company Response:
State: CO
Zip: 816XX
Submitted Via: Web
Date Sent: 2016-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes