Date Received: 2018-09-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX I executed a promissory note and mortgage in favor of XXXX XXXX XXXX in the amount of {$670000.00}. The loan was a " pay option '' ARM, whereby if the monthly payment was less than the interest-only payment, the unpaid interest would be added to the principal. If the payment was more than the interest, the excess would be applied to reduce the principal. The loan was ultimately acquired by XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX was the trustee, who initiated foreclosure proceedings against me after I defaulted on my payment obligations under the Note. In XX/XX/XXXX Nationstar Mortgage was assigned as the loan servicer, taking over as prosecutor in the foreclosure proceeding. The original foreclosure trial date was XX/XX/XXXX. As of that date, Trust records showed that the unpaid balance of the loan was {$680000.00} including unpaid interest that had been automatically incorporated into the principal. The trial date was reset to XX/XX/XXXX. On the morning of the hearing, I consented to a final judgment of foreclosure in the amount of {$680000.00} principal plus {$23000.00} taxes paid + {$54000.00} insurance paid = {$760000.00}, in exchange for an extended sale date. However, when our case was called Nationstar swapped-in a different proposed " consent '' final judgment, which its attorney slipped to the judge face-down, and which specified a total of {>= $1,000,000}, which was {$240000.00} more than I had agreed to pay. Nationstar had illegally modified the terms of my loan agreement by adding fixed-rate interest of {$140000.00} dating back to more than a year prior to the foreclosure initiation, plus I later learned that Nationstar had made a {$60000.00} unauthorized withdrawal from my Trust account a few days prior to the foreclosure hearing, and it charged me {$41000.00} for for windstorm insurance, which was specifically excluded from my loan agreement with XXXX.
Company Response:
State: FL
Zip: 33139
Submitted Via: Web
Date Sent: 2018-09-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-18
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My house burned down. My insurance company sent me and my mortgage company a check for both of us to sign to pay off the property. Mr Cooper has given me more than one amount on the pay off and also charged me interest from the time the pay off was given to the insurance company and the time I sent in the check. Which for some reason they put in my escrow account. I don't know why they did that because I had called and done everything I was told to do before sending the check. I was charged interest after the payoff was given. I also believe my payoff amount is wrong. I paid extra on my principle every month which reduced my principle amount. I was given a pay off of XXXX from the website. Plus I can not get my escrow monies from them. Then my pay off jumped to XXXX when it was requested. Please help me investigate this company as I feel like they are taking advantage of the situation.
Company Response:
State: TN
Zip: 38242
Submitted Via: Web
Date Sent: 2018-09-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/XXXX, my homestead property was judicially sold to satisfy the unpaid balance of a promissory note I had executed in favor of XXXX XXXX XXXX back in XXXX, XXXX. The then-current holder of the Note was XXXX XXXX XXXX XXXX XXXX XXXX, the trustee was XXXX XXXX, XXXX, and the servicer was XXXX XXXX XXXX As of the sale date, the unpaid balance of the Note was {$680000.00} inclusive of unpaid interest added to the principal under the terms of the Note. However, according to the XXXX 's records, a withdrawal of {$60000.00} had been made from my loan account in XXXX, XXXX without my knowledge or consent. This artificially increased the loan balance to {$740000.00}. And when the loan was liquidated in XX/XX/XXXX, the XXXX recorded a prepayment of {$760000.00} and reported a {$25000.00} gain.
Company Response:
State: FL
Zip: 33139
Submitted Via: Web
Date Sent: 2018-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In Jan.XX/XX/XXXX, I had a $ XXXX loan with XXXX XXXX XXXX as the Trustee for XXXX XXXX, with Mr.Cooper as the servicer.Mr.Cooper increased my mortgage from $ XXXX to $ XXXX in XXXX and I attempted two very long and unsuccessful attempts at a modification but both were denied because the underwriter incorrectly used the {$14000.00} payment as part of my DTI ratio. They also informed me that there are no more interest only loans, which I know to be false. I know DOJ reached a settlement with XXXX XXXX and $ XXXX of the settlement was to provide relief to American Consumers and is expected to be primarily in the form of loan modifications and other assistance to homeowners. I certainly fit into that group. I have paid over {>= $1,000,000} on this loan since XX/XX/XXXX but can not possibly afford $ XXXX. I am not sure why they would want to foreclose on me, which they are getting ready to do. Thank you for any assistance you can give me.
Company Response:
State: ID
Zip: 833XX
Submitted Via: Web
Date Sent: 2018-09-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-18
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Dear CFPB, ENCLOSED you will find a QUALIFIED WRITTEN REQUEST AND COMPLAINT, DISPUTE OF DEBT under FDCPA and VALIDATION OF DEBT LETTER and TILA addressed to MR COOPER/NATIONSTAR, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AND XXXX XXXX XXXX. I want to report that XXXX XXXX XXXX has filed ANOTHER a fraudulent Notice of Trustee Sale, ENCLOSED, at the XXXX XXXX XXXX XXXX on my property XXXX XXXX Ct XXXX, CA XXXX. FORECLOSURE IS scheduled for XX/XX/XXXX. MR COOPER/NATIONSTAR, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX have committed IDENTITY THEFT by using my name, social security, private and personal information to create account # XXXX without my consent and authorization, in clear violations of my consumer protection rights under FDCPA, FTC, FCRA, XXXX, RESPA and XXXX XXXX. These entities are UNKNOWN TO ME. There are no signed agreements, No contracts No business relationships between myself and these entities. No Disclosure, No Consideration, No Lawful Terms & Conditions, No Signatures of both the parties in interest. To carry out this unlawful foreclosure these entities have recorded many forged, fabricated and fraudulent documents including notice of defaults, notice of trustee sales and assignments of deed of trusts. ENCLOSED you will find the Three Assignments of Deed of Trusts Recorded on my property at the XXXX XXXX XXXX XXXX. Enclosed you will find XXXX XXXX CIVIL GRAND JURY AUDIT title " Integrity of Land Records in XXXX XXXX '' conducted by XXXX XXXX, Certified Mortgage Fraud Forensic Analyst. These are some of XXXX XXXX 's preliminary findings identified the following : You have robo-signers galore ; fraudulent assignments ; unauthorized substitutions of trustee ; MERS fraud ; and a host of violations of California statutes. XXXX, XXXX. Letter to XXXX. XXXX XX/XX/XXXX. TS. In her expert opinion : Innumerable negative externalities result from this errant behavior, e.g., due process violations ; wrongful foreclosure ; wrongful displacement and homelessness ; clouded and unmarketable titles ; uncertainty in real estate transactions ; devaluation in property values ; erosion of the tax base ; social unrest ; undue burdens on social services and welfare programs ; increased crime ; vacancies ; neighborhood blight, etc. the price of which is paid at the local level. XXXX, XXXX. Letter to XXXX. XXXX XX/XX/XXXX. TS. In conclusion, I hope the XXXX XXXX XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX work together to identify means by which fraudulent robo-signed documents can be identified early by the County and reported to the District Attorney to stop fraudulent foreclosures. In addition to start implementing California Penal Code section115.5 ( Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents ) which provides for statutory penalties up to {$75000.00} for filing with the County Recorder fraudulent documents relating to the title of or security interest in real property. I'm demanding immediate cancellation and rescission of all the fraudulent, forged, robosigned documents, assignments, notice of defaults and notice of trustee instruments recorded on my property XXXX XXXX Ct XXXX, CA XXXX recorded at XXXX XXXX XXXX XXXX. Respectfully, XXXX XXXX XXXX
Company Response:
State: CA
Zip: 95076
Submitted Via: Web
Date Sent: 2018-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-17
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: MR. COOPER/NATIONSTAR FAILED TO DELETE LOAN NO.XXXX FROM ALL BUREAUS ( SEE ATTACHED ). WE ARE GOING TO FILE A LAWSUIT FOR {$35.00} XXXX FOR ALL DAMAGES CAUSED US BY NATIONSTAR! THIS WILL BE THE LAST TIME NATIONSTAR VIOLATES THE " DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT.
Company Response:
State: AR
Zip: 727XX
Submitted Via: Web
Date Sent: 2018-09-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Nationstar purchased my loan from XXXX XXXX XXXX around XX/XX/XXXX while I was still on ChapterXXXX. Right before the loan was sold I received an escrow analysis that stated my mortgage for the year was {$2000.00}. Once Nationstar started servicing it they said the mortgage was {$2400.00}. I brought this difference to Nationstar 's attention and they said they do their own escrow analysis when they take over a loan. I then started to pay the larger amount in XX/XX/XXXX. They finally adjusted the payment to the lower payment in XX/XX/XXXX. When I come out of Chapter XXXX in XX/XX/XXXX they informed me I was 4 months behind on my mortgage. This was attributed to payments they said I missed during my bankruptcy as well as my not paying the {$2400.00} amount versus the {$2000.00}. I went into a forbearance agreement with them that started XX/XX/XXXX for {$12000.00}. I complete the plan XX/XX/XXXX. They are still reporting the account in forbearance and that my account was 180 day late. Considering they gave me an escrow refund of {$5700.00} in XX/XX/XXXX I to have been severely overcharged during the time they serviced the loan. If you subtract {$5700.00} from {$12000.00} you would get {$7100.00}. That would equal to about 3 1/2 months. I have disputed this with the mortgage company and XXXX. Nationstar continues to respond to XXXX that their reporting is correct.
Company Response:
State: MD
Zip: 21113
Submitted Via: Web
Date Sent: 2018-09-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Mortgage Company : Mr. Cooper Loan Num : XXXX BK Case no : XXXX BK file date XX/XX/2018 To Whom It May Concern : Im writing this letter to complaint about my mortgage company and communication received from my lender about my homeloan. I filed XXXX XXXX bankruptcy before the foreclosure sale date what is referred to the automatic stay, Im confuse as to why my house foreclosed even do Im protected by the bankruptcy law. Im requesting that the foreclosure gets reversed. I want to stay in my house. I would like for my lender to assist me with a reasonable payment plan or loan modification. I have called my lender on various occasions and talked to different representatives regarding a solution to me defaulting on my mortgage and haven't received a real solution.
Company Response:
State: MI
Zip: 49001
Submitted Via: Web
Date Sent: 2018-09-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My home value is {$750000.00} My conventional first mortgage with NationStar/Mr. Cooper is {$170000.00} I do NOT require nor did I ever ask for an impound account. I pay my taxes and homeowners insurance on my own. I have never been late with either taxes or insurance. Lender arbitrarily opened an impound account for me. They state that my homeowners insurance company XXXX ( military insurance ) reported that I was late on my payments so they took 100 % of one of my mortgage payments and applied it to my insurance policy. So I now have a missing mortgage payment. I was not made aware of this and now my credit has been dinged with a 30 late payment on my mortgage. My insurance company NEVER reported me as being late, when I informed Mr. Copper ( Lender ) of this they stated that they saw on an EDI that I was paying monthly and they prefer payment in full on insurance policies. My insurance company is sending back the payment they received on my behalf from my lender. I am told by lender that until that is paid they can not close the escrow/impound account. I want my perfect credit score reinstated asap. Please advise.
Company Response:
State: CA
Zip: 915XX
Submitted Via: Web
Date Sent: 2018-09-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/18 I made my regular online payment and selected from the online box provided, labeled " additional principle payments '' for an additional principle amount to be made in the amount of {$100.00}, in addition to my regular monthly payment due. The additional principle amount was not applied to additional principle as I selected but applied to unapplied funds account. I caught this later days after making the payment and called Mr. Cooper to get that error corrected. The next month, XX/XX/XXXX, the exact thing happened. This time with a {$50.00} additional principle payment ( Mr. Cooper applied to unapplied funds account and NOT additional principle as directed ). I called and was assured this would not happen again and the issue was taken care of. The next month, XX/XX/18, I made an additional principle payment amount of {$300.00} and the payment was allocated properly. On XX/XX/18 I made my regular payment and again directed another amount ( {$9100.00} ) to be applied toward additional principle. I send an online message confirming that it would allocated properly since I've had a history of issues with the additional principle payment NOT being properly allocated. This is the secure message I sent : " Please make sure the additional principle payment I made today gets allocated properly and is credited into additional principle. Please confirm. '' They then took it upon themselves to reverse both payments I made and apply the entire payment ( both the regular monthly payment and additional principle amount ) into the ONLY principle amount. I checked the account XX/XX/18 to find that my payment was reversed showing that the regular payment was not made and that the payment would be late soon in 2 days as a result of this careless error. You can plainly see that no where in my message did I direct that my regular monthly payment and the additional principle payment be added together and applied totally to additional principle only. I talked to a manager on XX/XX/18 who said that it would take 24 hours for my regular monthly payment to post and I would not be late. Here are the reference ID 's they gave for my call on XX/XX/18 : XXXX ( that is an employee ID ) and ID : XXXX. They should have immediately posted this payment the correct way, not give me 2 conflicting times when they thought that someone might get around to correcting the error ; 24 hours and 2 business days. Their stance was that I directed them to reverse the payment in my secure message to them following my regular monthly payment and additional principle payment on XX/XX/18 which I clearly did not. Furthermore if they were confused, which they clearly have a history of, they should of contacted me for clarification.
Company Response:
State: IL
Zip: 60646
Submitted Via: Web
Date Sent: 2018-09-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A