Date Received: 2018-09-14
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Mr. Cooper has been taking money submitted as extra payment on principal and applying it as though it were a normal monthly payment and putting the extra interest in their pocket. I have contacted them at least 4 different times about this problem. Each time I am promised that it will not happen again. I have attached my most recent statement which contains a fraudulent accounting. As you can see, the initial monthly payment of {$2400.00} was made on XX/XX/18. From this {$1900.00} as applied as principal payment and {$460.00} was applied as interest. This part is correct. However, the statement also indicates that 2 additional payments were received on that date, one in the amount of {$1500.00} and one in the amount of {$2400.00}. These last 2 postings are fraudulent because, in fact, only one additional payment was made and that was in the amount of {$4000.00}. As you can see in the copy of the attached statement, they then withheld an additional {$470.00} as interest. In other words, they stole {$470.00} from my payment of {$4000.00} and put it in their pocket. I have had this problem several times and each time a supervisor has promised to fix the problem. Given that this has happened at least 4 times in the last 5 years, I believe this in an intentional effort on their part to steal money. I have to believe I am not the only one subjected to such fraudulent procedures. I therefore request an official inquiry into their fraudulent behavior. Please advise.
Company Response:
State: CA
Zip: 949XX
Submitted Via: Web
Date Sent: 2018-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am writing to you on the advice of XXXX XXXX XXXX 's XXXX with the hope that you can help me. I basically, through my lawyer, XXXX XXXX have been trying to avoid Foreclosure and am still in Mediation with NationStar/Mr. Cooper and have turned down there Modification offers of {$1900.00} and {$1900.00}. The original Mortgage payment was {$2200.00} on a mortgage of approximately {$310000.00}, this makes the modification {$270.00} and {$300.00}. I lost my husband on XX/XX/2015 and my income was cut in half so I was not able to afford the then current mortgage payment of {$2200.00} and also can not afford the two modification amounts of {$1900.00} or {$1900.00}. I feel that Nationstar/Mr. Cooper should make the modification offer one that would enable me to pay the mortgage and stay in my home of 25 years. That being said, my husband and I paid our mortgage on this home on time for 22 years. My now having turned down these offers and these, according to XXXX XXXX, being the only offers Nationstar/Mr Cooper will make, my lawyer has now initiated a " Short Sale '' pricing the home at {$150000.00} and an offer has been made. ( If I were paying a mortgage on my home being accessed at {$150000.00}, the mortgage payment with 20 % down would be approximately {$880.00}. ) The offer has been made by my neighbor and she would like to rent my home to me for a couple of years pending the marriage of XXXX of her daughters, she lives in the house next door and grew up there and her XXXX lives in the house on the other side which was her Grandmother 's home. I am asking Nationstar/Mr.Cooper to waive the " Arms Length '' Affadavit so that if the sale should be accepted that XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Nationstar/Mr. Cooper refuses to do this. I am XXXX XXXX XXXX on a very limited XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Rents in this area are very expensive and I don't have the funds to move a great distance, I also have four elderly cats and a lot of rentals don't take cats. I am doing everything I can to stay in my home of 25 years and need help. Thanking you so much for your consideration.
Company Response:
State: CT
Zip: 067XX
Submitted Via: Web
Date Sent: 2018-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-14
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: As stated on prior complaint I need natural disaster removed from the credit report regarding my property which has not been involved in any natural disaster. Per your response you stated this is per the banks discretion however XXXX XXXX XXXX stated that is incorrect because they do not have the property declared in any sort of natural disaster regardless of any other properties that may have been involved in a natural disaster any time this year with in XXXX County Indiana. Myself an XXXX XXXX are now asking that the comment declared as natural disaster which is incorrect and false information regarding my property now be properly removed. Your company States this is to help protect consumers from late payments however this does not apply to me because my property has never been affected by any natural disaster this is also being taken to the next level with a third party government official. Myself and many others do not understand why the continued issues with your bank have yet to be resolved going on almost 18 months now it is making me impossible to refinance and sell my home is the next step to file a lawsuit as many consumers have done over the years most recently over the past two years with Nationstar mr. Cooper XXXX? at the credit grantors discretion, a special comment code noting the account as potentially affected by natural or declared disaster can be reported with the accounts history. The code is added to all mortgaged properties within the declared disaster area and does not definitively declare that the property sustained damage. The comment is designed to protect consumers from the potential negative impact associated with a late payment associated with the declared disaster.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IN
Zip: 470XX
Submitted Via: Web
Date Sent: 2018-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-14
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: As stated on prior complaint I need natural disaster removed from the credit report regarding my property which has not been involved in any natural disaster. Per your response you stated this is per the banks discretion however XXXX XXXX XXXX stated that is incorrect because they do not have the property declared in any sort of natural disaster regardless of any other properties that may have been involved in a natural disaster any time this year with in XXXX County Indiana. Myself an American family are now asking that the comment declared as natural disaster which is incorrect and false information regarding my property now be properly removed. Your company States this is to help protect consumers from late payments however this does not apply to me because my property has never been affected by any natural disaster this is also being taken to the next level with a third party government official. Myself and many others do not understand why the continued issues with your bank have yet to be resolved going on almost 18 months now it is making me impossible to refinance and sell my home is the next step to file a lawsuit as many consumers have done over the years most recently over the past two years with Nationstar mr. Cooper XXXX? at the credit grantors discretion, a special comment code noting the account as potentially affected by natural or declared disaster can be reported with the accounts history. The code is added to all mortgaged properties within the declared disaster area and does not definitively declare that the property sustained damage. The comment is designed to protect consumers from the potential negative impact associated with a late payment associated with the declared disaster.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IN
Zip: 470XX
Submitted Via: Web
Date Sent: 2018-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-13
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Hello, My wife and I purchase a home in XXXX, we both worked and had incoming coming in. In XXXX my wife was injured by a medical professional and had to receive multiple XXXX to correct her medical issues. She can no work and is apply for XXXX at this current date. We were never late on our home mortgage till the medical issues started. Mr. Copper/Nation star would not work with us on the mortgage starting to be late for 3 years. Even with medical proof my wife could no longer work. After a long exhausting 3 years we sold the home and started renting and downsizing and payed off our debt. I tried to reason with Mr. Copper to have the late payments removed from our credit report but they would not help. My wife and I still can not apply for a home loan because of reported late payments. We closed on XX/XX/XXXX. They still counted XXXX as late payment even when we closed in XXXX and payed off the balance of the loan. Is there anything I can do? Or you can do to help me? Thank you XXXX XXXX XXXX XXXX
Company Response:
State: GA
Zip: 30047
Submitted Via: Web
Date Sent: 2018-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX, I filed petition for relief under chapter XXXX of the United States Bankruptcy Code for the XXXX District of Florida case no. XXXX. On XX/XX/XXXX, the court entered the Order confirming Chapter XXXX plan. For over two years i have successfully complied with the Chapter XXXX plan and made all payments timely to the current servicer XXXX XXXX. Although default no longer exist and the account is current, Nationstar mortgage has maintained the legal action in the state court. See docket for the eleventh Judicial Circuit case no. XXXX. Nationstar has failed to dismiss the foreclosure action despite that the account is being paid thorough the Chapter XXXX plan and for over two years. In review of all documents filed in the foreclosure action, we found the following material : The law offices of XXXX, XXXX & XXXX, XXXX, filed the foreclosure complaint and claimed to be an action to reestablish a promissory Note pursuant to Section 71.011 and 673.3091. In its complaint Nationstar stated that a prior foreclosure was filed with the original note. Mr. XXXX XXXX attached to the complaint a copy to the allege original note. The note reflects and endorsement and also the word stamped Corrected. On XX/XX/XXXX, XXXX XXXX XXXX, filed the allege Original Note. The second page to the note does not reflect the endorsement and the words corrected referenced in the initial complaint filed. The last page of the allege original note clearly reveals that it had been doctored to remove the endorsement. The plaintiff in this case can not present or claim to have possession to the original note with a doctored and falsified copy of a note. A promissory note is a negotiable instrument. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX So. XXXX XXXX, XXXX XXXX XXXX XXXX DCA XXXX ). Where a document is negotiable instrument, the best evidence rule, as codified, requires the production of the original. 90.953 ( 1 ), Fla. Stat. ( 2016 ) ( A duplicate is admissible to the same extent as an original, unless .. [ t XXXX he document or writing is a negotiable instrument. ). Therefore a party who seeks to enforce on a mortgage must produce the original note. XXXX, XXXX So. XXXX at XXXX. A promise or order is payable to bearer if it : ( a ) [ s ] tates that it is payable to bearer ; ( b ) [ d ] oes not state a payee ; or ( c ) [ s ] tates that it is payable to or to the order of cash to otherwise indicates that it is not payable to an identified person. 673.1091 ( 1 ), Fla. Stat. if an instrument is payable to bearer, it may be negotiated by transfer of possession alone. 673.2011, Fla. Stat. In XXXX v XXXX the endorsement or allonge indicated to be part of the note, and an original note is required, it follows that an allonge or endorsement is required. Partially relying on XXXX, the second District reached this conclusion in a similar case : These documents are insufficient to show that Nationstar had standing to foreclose. Though a copy of the note and endorsement attached to the complaint indicate that the note was transferred to Nationstar. However, Nationstar never filed the original endorsement. In order to prevail in a suit on a note and mortgage, the original note and mortgage must be given introduced into evidence or satisfactory reason must be given to do so. XXXX XXXX XXXX, XXXX so. XXXX XXXX, XXXX ( XXXX XXXX DCA XXXX ). Because an endorsement is essentially part of the note, XXXX XXXX XXXX XXXX XXXX XXXX, it was necessary for Nationtar Mortgage to have filed the original endorsement along with the original note. In this case, Nationstar Mortgage failed to filed the original endorsement and did not plead to a lost instrument count. Plaintiff actions are construed to be fraud upon the court. Nationstar must be sanction. It is clear that nationstar has acted and continues engaging in unlawful banking practices while maintaining a legal action despite that the account is not in default. We are asking for sanctions against Nationstar and XXXX XXXX. XXXX XXXX is receiving payments and applying to the account. They are the new servicer and have done nothing to dismiss the foreclosure action. We are also asking for sanctions against XXXX XXXX for their fraudulent acts.
Company Response:
State: FL
Zip: 33174
Submitted Via: Web
Date Sent: 2018-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: To start off i was behind in my mortgage payments due to a divorce. My ex wive was on the deed but not on the loan papers. In the divorce ex wife singed a Quit Claim Deed releasing her rights to the home that we shared. I applyed with mortgage company for a loan modificaton. I have finished my trial period and received the final modification papers that had my ex-wives name for her to sign. I called them to see why her name was on the papers and they told me that it was HUD/FHA guideline. I called HUD and FHA and they both said that ie was not true, so I called mortgage company back and told that this information came from there legal department. So now they are controdicting what they told me the first time. I have finished my trial period and am ready to sign final modification but I don't know where my ex-wife is and she is not willing to sign forms. I thought that since she signed the Quit Claim Deed that superseeded the first deed we signed. I have until the XXXX XXXX XXXX to send these papers back or they said that i will not be eligibe for this modification. I have attached a copy of divorce decree, and Quit claim deed. Modification was to large to attach. Please help me.
Company Response:
State: GA
Zip: 31322
Submitted Via: Web
Date Sent: 2018-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-10
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have tried disputing with XXXX there is a mortgage loan of $ XXXX on my credit for a property in XXXX XXXX XXXX, California. I also called the mortgage company MR COOPER and notified them of probable fraud, I sent my an email with my license and social security card to prove my identity. I do not have a mortgage at all. And the mortgage company ignored me and proceeded to not help me at all. I cant even rent a home or buy because of this negligence to verify this information.
Company Response:
State: TX
Zip: 77022
Submitted Via: Web
Date Sent: 2018-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-10
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I made a payment with Mr. Cooper regarding my mortgage with a money order the payment is not showing. I would like them to research the payment and remove the late payment from my credit report.
Company Response:
State: TX
Zip: 77004
Submitted Via: Web
Date Sent: 2018-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-09-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XX/XX/2018 RE : Mishandling of escrow account by Mr. Cooper My problems with Mr. Cooper formally known as Nationstar Mrotgage started about XX/XX/2018. I have included a large file of documents relating to what they did or better stated didnt do. The net issue is that they failed to pay my property taxes with the funds that I paid them on a regular basis with my monthly payments. When they received the delinquent tax bill they used this to re-calculate my impound account payment and significantly raise the amount I had to pay monthly. I spoke finally to XXXX XXXX who worked to get that corrected and she did get some relief but they NEVER returned the excess funds I had to pay. Then I discovered that they received another delinquent tax bill so after somewhat correcting my statement they once again raised what I have to pay. I believe their escrow department is totally incompetent. I also believe they use coercion bordering on extortion to force me to pay this incorrect amount. They know that if I dont pay the incorrect amount they will show my payment delinquent which will have a SEVERE impact on my personal credit. They also know there is NO RUSH to fix this for the same reason. They have taken my money in BAD FAITH and they are not returning my and correcting this issue. When I mentioned to XXXX XXXX that since Mr. Copper charges me a late fee if I am late paying them I think they should compensate me likewise. Her comment was, We cant do that. My contact at Mr. Cooper is XXXX XXXX XXXX Sincerely,
Company Response:
State: CA
Zip: 902XX
Submitted Via: Web
Date Sent: 2018-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A