Date Received: 2015-10-30
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: On or about XXXX Borrower sent NationStar a QWR requesting an accounting of the roughly {$19000.00} missing upon transfer to NationStar. NationStar did not respond adequately. Instead, a representative from corporate incorrectly asserted borrower as in arrears a total of XXXX payments and owed the sum provided. -the matter remains unresolved. On or about XXXX a Qualified Written request requesting the same clarification with an additional request to resume normal mortgage servicing upon voluntary dismissal of the bankruptcy was not acknowledged. QWR followed again in XX/XX/XXXX. No acknowledgment. On or about XXXX correspondence was received. The correspondence received verified the error as it listed payment due dates from XXXX to XXXX ( accurate ) adding up to {$12000.00}. Correspondence dated XXXX also listed a total due of {$31000.00}. This amount subtracted by {$12000.00} is roughly. {$19000.00}! -- the missing payments. The advantage of filing Chapter XXXX, although presently voluntarily dismissed, is court supervised and accounting of all payments are undisputed. Factually speaking, a total of {$100.00} of payments were disbursed to the investor on the note. What happened to all these payments? Next, upon filing of petition, borrower was not behind. Bankruptcy was filed for reasons other than cram down. Cram down was incident to other matters and therefore, motivation for filing was not because borrower was behind but incident to other financial matters requiring restructuring. Petition clearly demonstrates that borrower was not behind Another QWR followed in XX/XX/XXXX. A letter was previously received in XX/XX/XXXX. Another letter was received in XX/XX/XXXX requesting extension on QWR. On or about XX/XX/XXXX a letter was received which states and I quote, " NationStar Mortgage LLC is in receipt of your verbal complaint of XX/XX/XXXX regarding the mortgage loan described above ... The complaint was not verbal, in fact it was made expressly in writing in the format required by the Federal Government and CFPB. An express complaint was also submitted to the CFPB and no acknowledgment of this has been provided by NationStar to date. Correspondence dated XXXX further states, " We have conducted an investigation and it was determined the error you asserted did not occur on the account. '' ... " You are XXXX payments delinquent. '' Well if that 's the case then what happened to the money XXXX payments unaccounted for upon transfer to NationStar Mortgage? Next, the letter dated XXXX demonstrates sloppy research. The letter references the original petition in bankruptcy and it provided a copy of the same. The original petition in bankruptcy is not the final legally enforceable terms of the modified payment in bankruptcy -- the confirmation plan is. I 've attached the same to this formal dispute.
Company Response:
State: MA
Zip: 010XX
Submitted Via: Web
Date Sent: 2015-11-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: servicer has had approval from XXXX for a short sale for a week which needed management to sign off on it and I can not get it from them. the home is a short sale and had XXXX offer in 6 months. we have no hope of selling if we lose this buyer. Servicer has been notified of this but does n't seem to care.
Company Response:
State: VA
Zip: 201XX
Submitted Via: Web
Date Sent: 2015-10-29
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My mortgage company " found '' {$4200.00} dollars when auditing my account. When I read the letter I called them to have the money cover my XX/XX/XXXX and XX/XX/XXXX payments and the balance would partially cover XX/XX/XXXX to which they put me on hold then came back and said that it 's done. I then received a call 3 weeks later from Nationstar Mortgage out of XXXX asking me if I intended on making my XX/XX/XXXX payment. I went crazy on the agent and demanded to speak to a supervisor. After waiting for a while the agent came on the phone and I said for the supervisor to call me. That was a week ago ... This is the second time I 've made a deal with the company and when I hang up the phone the deal disappears. I 've paid off other debts and ca n't pay the mortgage payments now that I 've made other arrangements so now I 'm worried about them foreclosing on me or putting non payments on my credit report thru no fault of my own. I ca n't believe that they can do this to consumers and would like help in straightening them out! Best, XXXX XXXXlNationstar mortgage account number # XXXX
Company Response:
State: CO
Zip: 814XX
Submitted Via: Web
Date Sent: 2015-10-28
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-27
Issue: Taking/threatening an illegal action
Subissue: Threatened to sue on too old debt
Consumer Complaint: Nation Star Mortgage has threatened me with enforcement of a fraudulent document and claims full deniability of open record documentation at the XXXX XXXX Appraisal XXXX. In a letter dated XXXX/XXXX/XXXX, Nation Star states the following, " We have conducted an investigation, and it was determined the error asserted within your correspondence did not occur. " Nation Star threatened the legality of my claim by stating, " After further review, we have determined the subject loan remains in full force and effect, and we will continue to service the loans in accordance with the valid, binding documents that you signed at the time of origination. " ANY search inquiries on the " common causes for mortgage fraud '', ALWAYS listed an inflated appraisal in the top XXXX if not the top XXXX or XXXX causes for violation. The FTC, FDIC, CFPB and Attorney General 's office all state the same. I encourage you to do the XXXX search yourself to confirm my open record findings from multiple agencies and sources. The XXXX public record excerpts as well as the XXXX XXXX XXXX and XXXX Appraisals floor plan comparisons are on record with the XXXX in an ope public records format and the file clearly document the XXXX XXXX XXXX XXXX bedroom count on record in XXXX, and the audit reclassification to a XXXX ( XXXX ) bedroom in XXXX. This is in FULL contradiction to the deniability of Nation Star. On XXXX XXXX, XXXX XXXX XXXX of XXXX XXXX XXXX submitted a XXXX fair market value of {$130000.00} without deductions for " Diminished Site Utility, Functional Obsolescence '' and the other substantial discrepancies cited by XXXX XXXX in the XXXX Retro Appraisal. The XXXX provided by XXXX combined with the XXXX Retro Appraisal were audited by XXXX XXXX, XXXX, XXXX, who then reclassified the property as a XXXX Bedroom. Again, not until the XXXX audit was the property classified as a XXXX bedroom. The City XXXX XXXX, XXXX Appraisals, and XXXX XXXX, ALL TALCB licensed appraisers in the State of Texas differ from the Nation Star opinion. The XXXX XXXX XXXX reviewed the XXXX appraisal and reclassified the property as a XXXX acre lot with XXXX acres at a 90 % devaluation to account for the " Diminished Site Utility '' I now no longer have a full XXXX acre property to compete with as sold to me and collateralized for my loan. The XXXX XXXX XXXX reviewed the XXXX appraisal and reclassified the property as a XXXX bedroom home instead of the previously described and collateralized XXXX bedroom home to account for the " functional obsolescence. " I now no longer have a XXXX bedroom home to compete with as sold to me and collateralized for my loan. The XXXX XXXX XXXX reviewed the XXXX appraisal and reduced my taxes from {$240000.00} down to {$140000.00} a reduction of over {$100000.00} as a result of the diminished site utility and functional obsolescence NOT noted on the original XXXX appraisal. XXXX Expert, XXXX XXXX reviewed the XXXX appraisal and stated that the appraisers that conducted the appraisal in XXXX committed open violations of the Texas XXXX Licensing and Certification Act, committed serious violations of USPAP guidelines and committed Deceptive Trade Practice Act violations that influenced me into engaging in a residential mortgage transaction. Nation Star Owes Me over {$90000.00} in stripped equity plus miscellaneous damages to seek recovery
Company Response:
State: TX
Zip: 752XX
Submitted Via: Web
Date Sent: 2015-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-27
Issue: Settlement process and costs
Subissue:
Consumer Complaint: The short sale of my home was approved by XXXX through the servicer NationStar. We have a closing date of XXXX XXXX, 2015. Now the Servicer, Nationstar, is saying they wo n't allow buyer closing costs to be paid which were on the offer and on the approval ( as stated as item XXXX seller concessions of {$5000.00} ), plus they are trying to negotiate the title insurance fees ( as stated as XXXX as other closing costs ), which were also on the approval. The HUD had been submitted several times with neither the buyers closing costs nor the title fees being mentioned as an issue before yesterday. The buyer can not close without the closing costs as part of the deal. The fees the servicer is trying to negotiate or discount can not be as it is considered illegal to do so. All parties have signed. The buyers lender is ready to fund. My agents have complied with all the requests of the Servicer. They have emailed and left several voice messages to understand what is happening and have had no reply. This is suppose to close and record tomorrow, XXXX XXXX. Due to Nationstar not responding and changing the terms, my sale will not close and my house will go into foreclosure.
Company Response:
State: OR
Zip: 97060
Submitted Via: Web
Date Sent: 2015-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Nationstar Mortagage proceeded to make late payments on my property taxes incurring fees that I am now being charged for. I have called them on numerous occasions and they will not give me any explanations. They re-analyzed my escrow mid year so that they would be able to place these fees on my account. They are now stating that my mortgage will increase XXXX % percent. I went from a mortgage of XXXX dollars to a XXXX dollar note. Customer Service XXXX and they are very rude and incompetent. The supervisors are worse and no one ever tells you the same story, everytime I have called it is a completely different explanation.
Company Response:
State: TX
Zip: 77429
Submitted Via: Web
Date Sent: 2015-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I had missed one ( 1 ) payment in 35 years of home ownership- that being one payment XX/XX/XXXX- NONE XX/XX/XXXX during application.. in XX/XX/XXXX I missed another as a result of their foot dragging. XX/XX/XXXX- begin HAMP application/s with XXXX XXXX, while applying, loan sold to Nation Star, now XX/XX/XXXX- had to start over. continued application process for nearly two ( 2 ) years- docs after docs after docs. HUD rep involvement/class XX/XX/XXXX, by XX/XX/XXXX- informed I was denied HAMP- apparently they sold the note in XX/XX/XXXX to XXXX prior to disclosure/ HAMP denial. I never received denial of all programs then available- never provided opportunity to appeal nor was a 'Tier 2 ' visited by said servicer- they simply sold the note in the middle of my application. In addition, I was informed in writing at least once of ineligibility as the loan was not XXXX- when in fact it was along with countless other tactics to stall. Also-the denial I DID receive said simply- " Borrower does not occupy residence '' ( never lived ANYWHERE else in 20+ years. Promptly informed XXXX was not 'obligated nor willing to offer a reduced mortgage or HAMP ''. XX/XX/XXXX- HomeSettlement sells loan to XXXX XXXX ( representing XXXX XXXX ) now having missed two payments XX/XX/XXXX XX/XX/XXXX and XXXX accepted {$1500.00} each month in XX/XX/XXXX & XX/XX/XXXX-I was informed XX/XX/XXXX that XXXX had become the servicer- purchasing with knowledge of the two short payments. Received notice of denial on XXXX/XXXX/XXXX, four ( 4 ) days after the date of the letter of denial via XXXX. So now here we are with an explanation of denial as except denial for ALL programs except 'Short Sale'This will not happen and I apprised them as outlined on their denial form, by telephone XXXX XXXX XXXX/XXXX/XXXX. One of the programs denied- requires unemployment.. now that I have returned to work- albeit sporadically this program is not applicable- though when I was unemployed and applying to Nation Star- I was never told this was a requisite- but now, as my life is improving a bit, this IS a requisite! I have been able to demonstrate XXXX/month religiously for several years and they describe the income as " not acceptable/ insufficient '' for most, if not all available programs. The documented behavior of Nation Star is an egregious/blatant misrepresentation of a Loan Servicer. not only did the OSHI ( an Oregon program ) fail me- providing ALL necessary documentation, they too misrepresented the program as ... " I own other residential real estate '' this is a blatant lie. The egregious misrepresentation of these programs is an obomination of power- contributing to the American Economy for forty ( 40 ) years- banks bailed out, monies provided to help- THESE PROGRAMS ARE A RUSE. OAR 137-020-0805 ( Oregon Servicing Rules ) Secretary of StateUnfair and Deceptive Acts in Mortgage/Loan Servicing has been perpetrated upon me at the least.
Company Response:
State: OR
Zip: 975XX
Submitted Via: Web
Date Sent: 2015-10-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: On XX/XX/XXXX I received a Proposed Modification from Nationstar Mortgage, which I accepted via phone conversation with XXXX customer service representative, XXXX, which stated, 'If you successfully complete the Trial Period Plan by making the required payments, you will receive a modification with an interest rate of 2.750 % which will be fixed for 40 years from the date the modification is effective. ' The correspondence continued by stating, 'Step XXXX : To Accept This Offer, You must make your first trial period payment by the first payment due date designated below ' which I did. The correspondence continued stating, 'Once you have successfully made each of the payments above by their due dates, you have submitted the required signed copies of your modification agreement, and we have signed the modification agreement, your mortgage will be permanently modified in accordance with the terms of your modification agreement. ' I successfully made the XXXX trial payments and, with my attorney 's guidance, tried for months to formally execute finalization of the new mortgage without being able to contact Nationstar. Their recorded phone message cited bad weather in the XXXX area as a reason for being unable to answer the phone and I left voice messages to have them call me or my attorney which they never did. XX/XX/XXXX Nationstar sent me a mortgage modification with an interest rate of 4.50 % fixed for 40 years which we have, and are continuing, to contest as not the modification terms agreed to XX/XX/XXXX. XXXX additional documents received from Nationstar, dated XXXX and XXXX, have cited 2.750 % as the interest rate. Nationstar offered another modification at 4.25 % fixed for 40 years XX/XX/XXXX. I have continued to make my monthly payments since XX/XX/XXXX. It appears Nationstar feels they have the right to change, unilaterally, an agreement we entered into XX/XX/XXXX with impunity, even though I kept my end of the agreement. This is tantamount to moving the goalposts or changing the rules in the middle of the game when it suits them, and I feel is illegal. We are to have a court hearing XX/XX/XXXX.
Company Response:
State: MA
Zip: 026XX
Submitted Via: Web
Date Sent: 2015-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Nationstar Mortgage wrongfully foreclosed on a mortgage on XX/XX/XXXX in violation of the rules for protecting successors in interest. The XXXX year old complainant was on the deed and mortgage with his now deceased wife. Only the deceased wife, however, executed the note and only she was considered to be the borrower. Both the husband and wife were on the deed as " tenants by the entirety. '' They bought the home XX/XX/XXXX. The foreclosure sale was conducted in violation of 12 CFR 1024.38 ( b ) ( vi ) which requires identification and communication with successors in interest. Nationstar refused to communicate with the complainant after the death of his wife. He would regularly place calls to Nationstar after getting the monthly bill, but Nationstar would always hang up on him, telling him that they did not know who he was, despite his detailing the death of his wife and that he owned the house with her. One one occasion, a Nationstar representative threatened to call the police and obtain a restraining order against him if he continued to call. Eventually, Nationstar gave notice of foreclosure and then the XXXX contacted an attorney who sent Nationstar a Notice of Error in XX/XX/XXXX. Only then did Nationstar send the complainant a Loss Mitigation application. He timely submitted the application. Nationstar, though, failed to notify the complainant of the status of his application. Again, during a telephone call with Nationstar, the servicer demanded to know if the complainant was named as the executor or administrator of his wife 's estate. When he answered " no '' and tried to explain that no estate administration was necessary under Massachusetts law because of the tenancy of the entirety, the Nationstar rep said that they could not speak with him and hung up. The complainant 's attorney sent two more Notices of Error to try to obtain loss mitigation for the complainant, but Nationstar went ahead with the foreclosure sale despite being informed that it had violated the RESPA regulations.
Company Response:
State: MA
Zip: 018XX
Submitted Via: Web
Date Sent: 2015-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-27
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Nationstar keeps jacking us around with our payments. They receive it but not post it until it is late and then they charge interest and penalty. They call us at all hours of the day and even late at night. Once they claimed that I had not paid the mortgage, but when I agreed to pay that month 's rent via telephone, they accepted it, charged me a " fee '' for processing, and then, the very next day, the check that I had sent them weeks before, got posted to my account. That is felonious in my book. That 's is also, an unprofessional way to work with people. Thus I paid twice. I asked for a refund and they said they could credit it to the next month 's payment. I told them no, yet to the best of my knowledge, I never received a credit on my bank account or on the mortgage account. Recently, they kept sending notices and threats about Foreclosure. All the while I kept making payments every month. Lately, they kept calling about the fact that they have not received our XXXX payment. I said it was already sent several weeks ago. They said no, " not received according to our records. " Then yesterday ( XXXX/XXXX/15 ), I receive in the mail XXXX checks : Firstly, the check that I had sent for the XXXX payment. Even though their records showed that I had not made the payment, now they were returning it to me. Secondly, we also received yesterday, their own check # XXXX in the amount of {$870.00} for the month before, saying that they can not apply partial payments, that I now owe them {$3300.00}!!! These people are crooked and not playing fair. We have been trying to protect my daughter 's interest. You see, we have been making payments for our daughter, who appears on the title. However, she has been ill for quite some time with a debilitating condition known as " XXXX. '' Often she ca n't even get up of bed. Here are the other problems. Years ago she signed a consent for us to take care of all her businesses, including her mortgage. They have copies of such. However, they keep claiming that we ( I ) do n't have authorization. I have sent them copies of such on a number of occasions, but they seem to lose it or " not receive it. '' Most recently I have copies of her authorization from XXXX XXXX, 2015 and XXXX XXXX, 2015, which they still claim that they do not have. This has become an impossible situation with XXXX Mortgage. Today I 'm in the process of sending e-mails to no less than XXXX " Account Consultants '' or " Dedicated Loan Specialists '' who have sent us letters indicating that 's the person we should deal with. With each one that we reply, and try to contact, is like starting all over again. It is really simple : If they give us credit for the XXXX 2015 double payment, and keep the XXXX payments they sent us, we are current. We are about to send XXXX 's payment, which is due on the first of the month but we have a grace period until XXXX XXXX. Oh yes, how do they expect us to make payments on time when we do not receive the monthly vouchers as we were supposed to. They probably go to my daughter, who is bed-ridden, and living with her sister. It 's a major effort for her to go to the post office. We live XXXX miles away from them, so it is difficult for us to get there as well. This is becoming a horrible nightmare. I do n't know if you can really helpXXXX XXXX XXXX XXXXXXXXXXXX
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No