Date Received: 2018-02-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX, Bank : Nation Star Mr. Cooper. Loan : XXXX On XXXX Trial period Flex Modification Program- First step qualifying for Permanent loam modification. 1st payment {$1900.00} Made in XX/XX/XXXX 2nd payment {$1900.00} Made a Incorrect payment for {$2400.00} in XX/XX/XXXX Payment was put on hold. The bank called to confirm the payment was okay. The payment was not apply to mortgage. Please Help me ... ... ... ... ... ... ... ... ... ... .... Please Help me ... ... ... ... ... ... ... ... ... ... ... Nation In XX/XX/XXXX WAS TOLD MY HOUSE IN FORECLOSURE- Due non payment. The law firm XXXX XXXX XXXX XXXX dated XX/XX/XXXX for {$170000.00} Debt Collector I called Customer Service XXXX XXXX 3rd payment {$1900.00} to paid on XX/XX/XXXX
Company Response:
State: NY
Zip: 11207
Submitted Via: Web
Date Sent: 2018-02-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-18
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am filing a complaint against Nationstar/Mr. Cooper Mortgage Company due to unacceptable practices that have occurred after I refinanced my home loan. My original mortgage payment ( prior to refinancing ) was around 1k. I refinanced in XX/XX/XXXXand enjoyed a monthly payment of {$850.00} for about 15 months. In XX/XX/XXXX my payment increased back up to {$990.00}. I have since been paying this amount and haven't been able to get acceptable responses from the mortgage company. My 1st complaint about he increase took place XX/XX/XXXX. It is now XX/XX/XXXXand this is still unresolved. As I mentioned, I refinanced my loan inXX/XX/XXXX, but byXX/XX/XXXX my payment increased back up to XXXX and the reason I was told was because my insurance and property taxes have increased. This is not true. I recently researched this and I don't see the increase. My property taxes from XXXX to XXXX have only increased by {$190.00}. Meanwhile my annual insurance premium has remained around {$200.00}. Currently in my mortgage payment {$390.00} is being applied towards escrow. This calculates out to {$4700.00} a year. However my XXXX property tax was only {$2700.00} and my insurance premium was {$180.00}. This only totals {$2900.00} ... for a difference of {$1800.00}. I relayed all this information to Mr. Cooper and received a letter explaining there is a minimum amount balance requirement and that mortgage insurance is also built into the payment. Both factors are reasonable reasons. The issue is that all contributing factors that determine escrow remained constant over the life of my loan. I refinanced in XX/XX/XXXX which extended the life of my loan back to 30 years and now the monthly payment amount is right back to where it was before the refinancing. I have responded to Mr. Cooper explaining this and asking for more details. I received another letter stating that 30 days is needed so the loan can be investigated. It is nowXX/XX/XXXX and I still have yet to receive a response. I feel I have been taken advantage of during the refinancing process and was low balled so I did not refinance with another company. I am not stuck with a the same payment as I had prior to the refinance, but the life of the loan was extended back to 30 years. Please help.
Company Response:
State: OH
Zip: 44060
Submitted Via: Web
Date Sent: 2018-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have a home loan with Nationstar Mortgage also known as Mr. Cooper, which is currently in arrears. I have lived in my home for 17 years. I am in danger of losing my home due to Nationstars questionable servicing business practices. I have been trying desperately to get Nationstar Mortgage to work with me on a reasonable payment plan, restructure, or loan modification, but I just cant seem to get any favorable results. Nationstar has not even designated me a single point of contact. Nationstar Mortgage received XXXX XXXX dollars in bailout funds, and should be helping borrowers in situations like mine. Wheres my bailout? Nationstar and its agents only seem to be interested in foreclosing on my home. Nationstar Mortgage has ignored my pleas for assistance to resolve my mortgage crisis. I am now in danger of losing my home, and need your offices help! A SALE DATE HAS BEEN SCHEDULED FOR XX/XX/XXXX!!! In XX/XX/XXXX, I acquired my home, signing a purchase money loan. In XX/XX/XXXX, I refinanced my loan, signing a new mortgage originated with XXXX XXXX XXXX. My loan has since been transferred, most recently to Nationstar Mortgage/Mr. Cooper. Nevertheless, I tendered my mortgage payments on time, as agreed, for 8 years. However, in XX/XX/XXXX, I was the victim of business fraud, which caused me to lose a substantial amount of income. As a result, I began to struggle to tender my mortgage payments in a timely manner. I did the best I could to keep up with my mortgage payments, going so far as to deplete my savings and reserves, but I eventually defaulted on my home loan and was moved to foreclosure status. In XX/XX/XXXX, I contacted XXXX XXXX XXXX XXXX agents advising of my struggles to tender my mortgage payments. XXXX XXXX XXXX agents offered me an opportunity to apply for a loan modification. I completed and returned approximately 5 loan modification applications along with all the requested documents. After receiving what seemed like the paper chase and run-around, no decisions have been rendered. In XX/XX/XXXX, my home caught fire and has been uninhabitable due to litigation with my insurance company. Nevertheless, in XX/XX/XXXX, my loan was transferred to Nationstar. I have attempted to work things out with Nationstars agents applying 5 additional times over a 3 year period, but all of my efforts have yielded negative results. Next, agents suggested I apply for an in-house loan modification. I was denied again due to my house being uninhabitable from the fire. Furthermore, agents advised me that my home could NOT be foreclosed for the same reason yet a sale date has been schedule. How is this legally possible? Nationstars agents have been extremely unwilling to work with me. I have not been designated a single point of contact. No other home retention options have been offered and no review of my current financial circumstances has been opened or discussed. In late XX/XX/XXXX, my loan was transferred to Mr. Cooper aka Nationstar. I have received much of the same treatment from Mr. Coopers agents as the previous servicing firms. A SALE DATE HAS BEEN SCHEDULED FOR XX/XX/XXXX!!! This is a government-insured loan, and thus there are government programs that Nationstar/Mr. Cooper is denying me access to. Nationstar/Mr. Cooper has received XXXX XXXX dollars in bailout funds, only approximately 816 million of which has been disbursed, and they are supposed to use those funds to help consumers like me. Nationstar/Mr. Cooper is required to review me for all available home-retention options and recalculate our current loan if the payment is not within federal guidelines. This is an avoidable foreclosure, and Nationstar/Mr. Cooper is behaving unethically.
Company Response:
State: CA
Zip: 91356
Submitted Via: Web
Date Sent: 2018-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-17
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I am writing in regard to my real property and the fraudulent documents which have been filed regarding my property. The records on XXXX XXXX XXXX XXXX, XXXX show that XXXX ( XXXX XXXX ) and XXXX are the investors in regard to my mortgage. The loan tool look up on the XXXX XXXX website shows that XXXX XXXX does not own the loan. The county records indicate that XXXX XXXX XXXX XXXX XXXX is the owner of the note and the mortgage and also indicates that XXXX XXXX XXXX XXXX XXXX paid value for the note and the mortgage and this assignment of mortgage literally purports that the assignment assigned both the note and the mortgage to mortgage electronic registrations systems inc. It does not take a rocket scientist to see that fraud was committed regarding my property. XXXX XXXX XXXX XXXX XXXX does not buy property, sell property nor do they collect money for any property. They do not have any interest in the real property and they do not hold mortgages or notes. Fraud has also been committed in the assignment of mortgage from XXXX XXXX XXXX XXXX XXXX to nationstar mortgage. There is no corporate seal, no president or vice president signature and the person who executed the corporate assignment of mortgage works for Nationstar Mortgage, not XXXX XXXX XXXX XXXX XXXX.Florida legislative law statute 692.01regulates the assignment of Corporate Mortgages and states the assignment must be signed by 2 witnesses, unless the assignment is executed by a President or Vice President. The assignment must also contain the Corporate Seal and a corporate resolution. The assignment of mortgage was executed by the employee of Nationstar Mortgage, XXXX XXXX, who signed as " assistant secretary '' of XXXX XXXX XXXX XXXX XXXX XXXXXXXX There are no witness signatures, no Corporate stamp and no corporate resolution to give XXXX XXXX the authority to assign the mortgage to XXXX XXXX XXXX. The blank endorsement on the promissory note by a person using the title " attorney in fact '' is also fraud. The person who allegedly endorsed the note ( it is a fascimile signature, not a wet ink signature ) does not have a recorded power of attorney to endorse the note as attorney in fact and the company that the note was endorsed by is not a non profit organization in the state of Florida as required by Florida legislative law.The validity of power of attorney is regulated via Fl Statute 709.2106Validity of power of attorney. ( 2 ) A power of attorney executed before XX/XX/XXXX, is valid if its execution complied with the law of this state at the time of execution. Furthermore, legislative law 709.08 ( 2010 ) regulates who may serve as attorney in fact. ( 1 ) CREATION OF DURABLE POWER OF ATTORNEY. -- A durable power of attorney is a written power of attorney by which a principal designates another as the principal 's attorney in fact. The durable power of attorney must be in writing, must be executed with the same formalities required for the conveyance of real property by Florida law, and must contain the words : " This durable power of attorney is not affected by subsequent incapacity of the principal except as provided in s. 709.08, Florida Statutes '' ; or similar words that show the principal 's intent that the authority conferred is exercisable notwithstanding the principal 's subsequent incapacity, except as otherwise provided by this section. The durable power of attorney is exercisable as of the date of execution ; however, if the durable power of attorney is conditioned upon the principal 's lack of capacity to manage property as defined in s. 744.102 ( 11 ) ( a ), the durable power of attorney is exercisable upon the delivery of affidavits in paragraphs ( 4 ) ( c ) and ( d ) to the third party. ( 2 ) WHO MAY SERVE AS ATTORNEY IN FACT. -- The attorney in fact must be a natural person who is 18 years of age or older and is of sound mind, or a financial institution, as defined in chapter 655, with trust powers, having a place of business in this state and authorized to conduct trust business in this state. A not- for-profit corporation, organized for charitable or religious purposes in this state, which has qualified as a court-appointed guardian prior to XX/XX/XXXX, and which is a tax-exempt organization under 26 U.S.C. s. 501 ( c ) ( 3 ), may also act as an attorney in fact. Notwithstanding any contrary clause in the written power of attorney, no assets of the principal may be used for the benefit of the corporate attorney in fact, or its officers or directors. There is no power of attorney recorded which would give XXXX XXXX the authority to endorse a promissory note in blank as " attorney in fact ''. The subject note is therefore rendered non-negotiable. The XXXX XXXX XXXX XXXX XXXX XXXX XXXX does not have a place of business in this state and is not authorized to conduct trust business in this state, is not a tax exempt organization and is not organized for charitable or religious purposes in this state. XXXX XXXX does not qualify as an " attorney in fact '' under the laws which govern who may serve as an attorney in fact. Furthermore Nationstar Mortgage, LLC has violated my rights as a federally protected consumer. Nationstar Mortgage, LLC is in violation of 15 U.S.C. 1601, et seq. under the fair debt collections practice Act for not notifying the consumer that the debt may be disputed.XXXX XXXX XXXX has filed a lis pendens against my homestead property, which is owned in tenancy by entirety. Nationstar Mortgage is a debt collector and is not the owner of the note or the mortgage. Nationstar Mortgage has filed forged, counterfeit copies of the note and the mortgage in the XXXX County civil court records. Nationstar Mortgage hired a law firm XXXX XXXX XXXX XXXX XXXX which is not eligible to practice law in the state of Florida. Nationstar Mortgage and its counsel have filed affidavtis and certifications with the court which is in violation of FDCPA 151692e ( 2 ) ( A ), ( 10 ) and 1692F by the use of affidavits the Plaintiffs knew or should have known were unsupported by personal knowledge. This is well established FEDERAL case law. See : Consumer Financial Protection Bureau v. XXXX XXXX XXXX XXXX XXXX, XXXX, et al., No. XXXX, XXXX WL XXXX ( N.D.Ga., XX/XX/XXXX ). XXXX XXXX XXXX is a debt collector/judgment creditor and has not provided proper identification to validate the debt through the XXXX which is used by the FASB ( Financial Accounting Standards Board ). ( Generally accepted accounting principles, which all banks & financial institutions must follow ). Furthermore, Nationstar Mortgage is not the original creditor and must provide all original account/loan level documents per the CFPB vs XXXX, so the consumer may verify dispute or validate the documents. This is well established FEDERAL case law. See : Consumer Financial Protection Bureau v. XXXX XXXX XXXX XXXX XXXX, XXXX, et al., No. XXXX, XXXX WL XXXX ( N.D.Ga., XX/XX/XXXX ).
Company Response:
State: FL
Zip: 32526
Submitted Via: Web
Date Sent: 2018-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I lost my job XX/XX/XXXX, I began searching for new employment and around XX/XX/XXXX I applied for a modification for a forbearance with Mr. Cooper ( Nationstar ). My application for modification forbearance was finally completed and approved for trial payments beginning XX/XX/XXXX for the next six months and was to receive a trial payment schedule in the mail. From the time I was approved and within the next following three weeks or so, I contacted Mr. Cooper to inform them I still had not received my schedule for payments. I asked for an emailed copy in one instance but still did not receive their email. When I was ready to make my third trial payment in XX/XX/XXXX, I received a notice in the mail that my forbearance was denied due to a form I had not returned. When I contacted Mr Cooper, they stated it was the schedule of payments form I was supposed to sign and return. I continued to explain that I never received this form nor the email. I had to wait up to five business days before I could find out if they would reinstate the forbearance plan. After a week, I contacted Mr Cooper once again only to find out I had to reapply for a new modification all over again. XX/XX/XXXX, I reapplied with everything being accepted right away except that now XX/XX/XXXX, my pay stubs have been continuously rejected. I uploaded onto Mr Cooper 's website Uniform Borrowers Assistance Form which included the application, income description, Hardship Affidavit, and other forms such as XXXX, 30 days income. Since the end of XX/XX/XXXX, my pay stubs have been rejected for one reason after another. First, my employer typed letter head of my pay stub with the year to date, then the Year to Date was not acknowledged as Year To Date, then the Start and End dates of my pay period were not displayed on pay stubs, then my uploaded pay stubs were Not Legible, then for no Pay Frequency. Finally when I asked a Mr Cooper representative what exactly I needed to provide now, the representative advised a Letter of Explanation for income from my employer. My employer emailed a Letter of Explanation and forwarded me the email and the automated response stating it was received. I allowed five business days only to call Mr Cooper to find out they do not have a record of this email from my employer. I am doing all I can on my end and have sent all my information as requested and continue to get the run around. In desperation I have contacted a NonProfit Mortgage Counseling with XXXX XXXX XXXX XXXX help line to assist. On a three way call with the counseling agent and Mr Cooper Friday XX/XX/XXXX, the Mr Cooper representative was sort of able to assist in further details that seemed to be somewhat confusing to him as to why it is actually taking so long. After being disconnected from that call, I contacted XXXX XXXX representative and was told that the Mr Cooper rep stated to send in once again my pay stub but not for XX/XX/XXXX but for XX/XX/XXXX, my employer letter of explanation, my typed description of income and pay dates for pay periods. I am trying very hard to save my home and to stay in it but I do not have a lot of time to wait. There is a foreclosure date scheduled for XX/XX/XXXX and I need something to work very fast or I will lose my home. Again, I am desperate and I am pleading for your help as soon as possible! Please Please, help me! Very Concerned citizen.
Company Response:
State: TX
Zip: 76036
Submitted Via: Web
Date Sent: 2018-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: The mortgage company attached someone else 's insurance to my account by mistake. As a result, a payment of {$1700.00} was made for this customer 's behalf ( not affiliated with me ) for his property in CA ( mine is in TX ) to XXXX on XX/XX/XXXX. I discovered the issue during my call into customer service on XX/XX/XXXX and had spent 6 hours on the phone and countless message exchange with the company, still no resolve after 1 month. Since then, my monthly payment had gone up $ XXXX/month due to the escrow shortage that was caused by Nationstar 's error. I had requested the issue to be resolved asap and for my monthly payment to stay teh same until the shortage error is fixed, my request was rejected. See detailed communication log below, upon request, I can also provide all of my message exchange and conversation audio with their representative : Date Time Duration Conversation Summary XX/XX/XXXX XXXX 13 mins Spoke with custmoer service, discovered that incorrect insurance policy ( of other customer ) was attached to my account by mistake. As a result, a payment of {$1700.00} was made out of my escrow account on behalf of other customer for their property located in CA by error. I was advised that reimbursement request is submitted, expect credit back into account in 7-10 business days XX/XX/XXXX XXXX 40 mins Spoke with Insurance dept ( XXXX XXXX ), advised that she will personally call XXXX XXXX where the payment went to, get the refund and credit back to my account. Was told that this will take 7-10 business days and she will personally contact me with update on XX/XX/XXXX XX/XX/XXXX XXXX 41 mins Spoke with customer service, then insurance, then transferred to escrow dept again, given that XXXX XXXX didn't call back as promised. Was advised that there's nothing they could do, insurance dept has to wait till XXXX refund the {$1700.00} payment issued by Nationstar 's mistake before my escrow account can be credited back. XX/XX/XXXX XXXX 52 mins Called Insurance back, requested insurance to issue credit since my escrow shortage was caused by their mistake. Insurance advised again that I have to follow their process and wait till they received credit back from XXXX. Insurance agent did contact XXXX to notate the incorrect payment and request the amount to be refunded back to Nationstar once received. Also, notified that my monthly paymetn went up due to teh escrow shortage caused by Nationstar 's mistake, I'm requested to pay {$600.00} more per month. There's no way to over-write that unless teh amount is credit back and escrow dept can re-do another escrow analysis to drop my monthly payment. XX/XX/XXXX XXXX 64 mins Followed up with insurance dept again. Agent called XXXX and allowed me to listen in, the payment was made for a former customer named XXXX XXXX, who I'm not affiliated with. XXXX agent advised the check has not been cleared yet so they can not issue refund. XXXX XXXX, though, is no longer a customer wtih Nationstar, thus, the insurance agent made request for the refund to be issued back to Nationstar to avoid further complication. Was told that I can call back to follow up every day if I'd like, there's nothing they can do at this point. I was, however, advised that she will request escrow dept to temporarily adjust my monthly payment back to previous amount until this error has been corrected. XX/XX/XXXX XXXX XXXX With no help, I left comment on XXXX XXXX XXXX XXXX page and customer service rep XXXX PM me for info so he can help. Provided info as requested and request a call back once he has a proposed solution. Was advised that he will provide an update within 24 hours. XX/XX/XXXX XXXX 45 mins XXXX , the insurance associate of Nationstar called back advising that I have to call in to give authorization for them to disregard the escrow analysis done on XX/XX/XXXX, to maintain my monthly payment until theu resolve the error. Called back to escrow dept, was told repeatly that I have to follow the process and wait for refund to come back from XXXX. They can not keep my monthly payment unless the escrow shortage is credited back. None fo my questions were addressed except being told rudely that I have to follow their process. XX/XX/XXXX XXXX XXXX Message Without answer, followed up with XXXX , was advised that he will follow up soon, no answer fro the day XX/XX/XXXX XXXX 3 mins XXXX finally called back and said he agreed with me, it was a mistake byt his company, I as a customer shouldn't be impacted. He is requesting for my account to be credited back without having to wait fir XXXX to refund. XX/XX/XXXX XXXX XXXX Message Still no update, XXXX after receiving my inquiry, advisde that he will have to follow up on Monday XX/XX/XXXX XXXX XXXX Message Still no update, after my request, XXXX responded saying a request for {$1700.00} to be credited back to my account was submitted, he's waiting for approval XX/XX/XXXX XXXX XXXX Message Still no update, checked in and was told I will be contacted once the credit was processed XX/XX/XXXX XXXX XXXX Message I still have no update so messaged XXXX again for update, was not provided anything XX/XX/XXXX XXXX 51 mins Called escrow dept myself to inquire whether they received the approval to credit back my account, XXXX ( escrow supervisor ) that they have approval of the refund from XXXX but have to wait till incurance dept issue the credit ( after they received the check ), was once again advised that I have to follow process when my escrow was deducted without accurate process XX/XX/XXXX XXXX 37 mins Called insurance dept back and spoke with XXXX. She contacted XXXX and confirmed a check was cut from XXXX on XX/XX/XXXX, will have to wait till the check is received and processed for my account to be credited back ( in 2-3 weeks ) XX/XX/XXXX XXXX XXXX Message Provided my own finding to XXXX and demand a clarification. Several communciation afterwards to request my needs/concern addressed. Was finally told that he will contact me when the issue is resolved wtihout an ETA and at my request, advised a senior management will contact me in one business day
Company Response:
State: TX
Zip: 75019
Submitted Via: Web
Date Sent: 2018-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-16
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: - In XX/XX/2017 our Mortgage company changed names from Nationstar to Mr Cooper. - During this time our mortgage rate adjusted to a $ XXXX monthly increase. - Mr Cooper sent e-mails of the change and approaching rate increase which went into our junk mail because we did not know who Mr Cooper were. We own a retail business and receive hundreds of emails a day, most of them junk ... - We continued to send our regular payment through our banks auto pay to Nationstar. - We were never late in paying as the attached statement shows. - The payments were accepted and held, but not posted to our account. We were not informed of this. No one gave us a courtesy call to say that we were short ( not late ) so it went unnoticed. - Four months later we did receive a call from Mr Cooper to say that we had short paid 4 months in a row and it had been reported to the credit bureaus. - Interestingly enough, Mr Cooper did call us on XX/XX/XXXX just to " check in '' and make sure that all of our information was correct. At no time during that conversation was it ever mentioned that we had short paid for the last three months. ( I'm sure they record their telephone calls so I'd be very interested to hear that call played back. ) - When we were informed of the shorts we immediately remedied the problem and changed our auto pay to reflect the new payment. - Since then I have tried, without success, to reason with Mr Cooper to remove the late postings as a courtesy. It is painfully obvious why we were late but they won't budge on their position. - After I had written to the Chairman of Mr Cooper I received a package of information from a case manager basically saying that they did everything right in their methods of trying to contact us and weren't going to reach out to the credit bureaus and help us. - The one thing they did not do, was to simply pick up the phone when they received the first short pay in XX/XX/2017.
Company Response:
State: CA
Zip: 92008
Submitted Via: Web
Date Sent: 2018-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been trying to get in contact with Mr. Cooper for mortgage assistance and have never been able to obtain the help I needed from them. When I was injured on the job, we tried to make things work with what I was given on workers comp but I was initially given a loan with Mr. Cooper with too high of an interest rate. This left us with a monthly payment that was impossible to afford. Once we were a little behind, it snowballed. Every statement showed more added fees, and no one would explain them to me when I called. We were switched around constantly between agents. No one would give us a straight answer. They asked for paperwork that we sent over and over due to them not receiving it. We have met deadlines and followed instructions, but Mr. Cooper continues to deny our file and threaten us with foreclosure.
Company Response:
State: OH
Zip: 45040
Submitted Via: Web
Date Sent: 2018-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX, I took out a mortgage with XXXX XXXX XXXX XXXX. for the amount {$410000.00}. I defaulted on my mortgage because I could not keep up with the increasing mortgage payments. On XX/XX/XXXX, there was a assignment of mortgage filed with XXXX County Clerks office. The assignment of mortgage assigned the mortgage from XXXX XXXX XXXX XXXX XXXX as XXXX for XXXX XXXX XXXX XXXX. A New York XXXX XXXX XXXX XXXX XXXX XXXX . On XX/XX/XXXX XXXX XXXX XXXX XXXX stated a foreclosure action against me for the amount of {$450000.00} which is about {$41000.00} more from the original mortgage two years earlier. How is it possible that I am owing more than the original loan amount. I was making payments 1 year prior to defaulting.
Company Response:
State: NY
Zip: 11050
Submitted Via: Web
Date Sent: 2018-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-15
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: My problem is with Mr. Cooper ( formerly known as Nationstar ). I have been employed by XXXX XXXX XXXX for 19 years. I have lived in my home for over 18 years. Mr. Cooper has filed for Foreclosure and the date of the Sheriff sale is XX/XX/XXXX. I have already used my 2 statutory 14-day extensions. I purchased my home in XX/XX/XXXX as new construction. I refinanced my original loan with a 30-year mortgage with XXXX XXXX XXXX ( XXXX ), for {$460000.00} @ 6 % fixed on XX/XX/XXXX. My wife had an affair and filed for divorce in XX/XX/XXXX. The Divorce was finalized on XX/XX/XXXX. I retained ownership of the house and my ex-wife signed a Quit Deed as part of the Divorce Agreement. One stipulation in the Divorce was that I had to remove her from the mortgage. I began trying to remove her from the mortgage with XXXX immediately with no success. I had never been late with any payments until around XX/XX/XXXX. A large portion of my income is commission based. My income was substantially lower due to loss of ex-wife 's income, lower monthly commissions from XX/XX/XXXX to XX/XX/XXXX ( over {$1000.00} - {$2000.00} ), and increased expenses due to Alimony/Child Support of {$3000.00} per month. I tried lowering my monthly expenses. At the time I also had a HEL for $ XXXX, a HELOC of $ XXXX, and credit card debt of approximately $ XXXX. I made arrangements with XXXX to settle the HELOC for $ XXXX in cash, which I did. However, they would not execute the refinancing of my HEL as agreed because the 2 departments within XXXX would not work together. This forced me to file for Ch XXXX bankruptcy on XX/XX/XXXX. I bring up this history because I have always taken responsibility for this financial situation and tried to do the right thing - or else I would not have wasted the $ XXXX in cash to settle a debt that could have been part of the bankruptcy. The bankruptcy included accrued mortgage interest from Nationstar of {$18000.00}. My Ch XXXX payment was {$1000.00} per month and changed to {$1600.00} over the last 6 months of the bankruptcy. I made the last bankruptcy payment in XX/XX/XXXX ( a month early ) in order to hasten the discharge so I could better address my mortgage situation. The bankruptcy was discharged XX/XX/XXXX. My loan was sold to Nationstar on XX/XX/XXXX ( while I was in bankruptcy ). Not sure what transpired, but the loan was assigned to XXXX XXXX on XX/XX/XXXX. Since the divorce I have engaged 3 attorneys, used XXXX and most recently the XXXX XXXX XXXX to help support my efforts to obtain a modification with the various lenders. Most of the results were that I made too much money and did not qualify. Unfortunately, the HAMP program recognized Divorce as a hardship but did not consider Alimony/Child Support payments in the Income/Need calculations. My specific complaints are with the following items : 1. The loan payoff was {$580000.00} as of XX/XX/XXXX. I am certain this has increased due to interest and legal fees. Principal is currently {$410000.00} and accrued Escrow is {$43000.00}. I don't understand how interest was allowed to accrue and was not considered in the 5 years during bankruptcy. I was not allowed to make any additional creditor payments except as authorized by the trustee. Not to mention that I could not afford the mortgage payment along with my bankruptcy payment, Alimony/Child Support, car payment, and household expenses. Issue : Accrued Interest during bankruptcy at 6 % seems unfair 2. In XX/XX/XXXX I was finally offered a HAMP modification. The modification included lowering the interest rate from 6 % to 3 %, deferring about $ 50K interest free and recasting the past due amount into a new 40 year payment. As part of the application I requested a reduction in the amount owed - to lower the accrued interest based on the 3 % rate vs 6 %. Would have made the total amount due closer to the market value of the home. I also stipulated that I needed the modification to remove my ex-wife from the mortgage. I made the 3 trial payments on time. However, at the end of the trial I received paperwork to finalize the modification. I was more than happy to sign and end this nightmare but it required my ex-wife to sign which she would not do. I spoke to Mr. Cooper, as well as having my attorney speak to them, and could not resolve the issue. I made 2 additional payments but was then told the account was not eligible to pay. Issue : Requiring ex-wife to sign modification after being divorced 5 1/2 years was unfair. 3. I applied for a new modification again XX/XX/XXXX which was denied. I made another modification request on XX/XX/XXXX. The XX/XX/XXXX request was not reviewed by Mr. Cooper because they require 37 days prior to Foreclosure sale date. I requested and was approved for two fourteen-day extensions by the County Sheriff 's office. I notified Mr Cooper that I had received a verbal commitment of the extension on XX/XX/XXXX. The letter was supposed to be mailed to myself and Mr. Cooper 's attorney on Wednesday, XX/XX/XXXX. There were multiple delays getting the letter from the sheriff 's office. I finally received the letters and sent to Mr. Cooper 's attorney on Thursday XX/XX/XXXX - they updated the sale date ( XX/XX/XXXX ) on XX/XX/XXXX. XXXX XXXX XXXX rep found out yesterday that they would not review the modification request because as of XX/XX/XXXX they did not have 37 days. This seems incredibly petty since they had a verbal from me 10 days earlier, they could have called the Sheriff 's office to confirm, and they had 33 days as of XX/XX/XXXX. Issue : Not reviewing modification request over a few days technicality is unfair. I have joint custody of my children who are XXXX and XXXX. They were both born in this house. My fiance is also wanting to move in with her XXXX children. My alimony ends on XX/XX/XXXX - only 3 more payments. My current monthly income is {$16000.00}. I am due for my annual raise XX/XX/XXXX and I am up for a promotion this XX/XX/XXXX. My fiance would be willing to co-sign a modification in place of my ex-wife ; she makes an additional {$4000.00} per month. I have no other monthly debt besides a car lease, house expenses and child support of {$730.00}. I am trying to raise some additional cash if that would make a difference. I can also afford a payment and would be willing to accept a modification based on a 30-year loan. My financial crisis is completely over. It makes no sense that there is no way to get help to retain my home. I can completely afford a mortgage payment now and I would never be late again. Please HELP! I am open to any suggestions possible.
Company Response:
State: NJ
Zip: 08755
Submitted Via: Web
Date Sent: 2018-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A