Date Received: 2017-10-10
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: We sold a home in GA and the lender was located in TX. The closing was set for XXXX XXXX, XXXX and the closing attorney in GA contacted the Mortgage company in TX to get the final payoff and to get instructions for payoff check. The company received the payoff check on XXXX XXXX and then proceeded to report a XXXX late payment for XXXX XXXX. Prior to this, there had not been any late payments on the account for over 16 months. This single practice has caused my XXXX XXXX to drop below the required minimum to secure another loan to purchase a home. It has caused a grave hardship to myself and my family. This practice is not fair and is being done to punish me for paying off the loan earlier than expected, thus allowing the company not to collect the full investment on interest from the loan.
Company Response:
State: FL
Zip: 324XX
Submitted Via: Web
Date Sent: 2017-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Our complaint is against Nationstar : Nationstar has notified us that starting on XXXX/XXXX/XXXX our interest rate will go up to 5 % despite the fact that our Loan Modification Agreement clearly showed the the cap was 4.75 %. We have written to Nationstar a couple of times about this however they insist on the 5 % while at the same time they are sending us refinancing notices with interest rates staring at 3.5 %! The history of our Loan is as follows : On XXXX/XXXX/XXXX we bought a home in XXXX XXXX NV XXXX our initial mortgage was with XXXXXXXX XXXX who shortly after closing sold it to XXXX XXXX XXXX XXXX XXXX loan maturing in XXXX. We were making our mortgage payments regularly never missing a date until XXXX of XXXX when our income dropped drastically and we were forced to ask for a Loan Modification. We submitted the necessary application and on XXXX XXXX, XXXX we signed the loan modification agreement that reduced the monthly payments, by substantially increasing the new amount due and extending the maturity of the loan to XXXX! Part of the new agreement was the our interest rate would increase from the initial 2 % to a maximum of 4.75 % by XXXX/XXXX/XXXX. We have since paying our loan regularly never missing a payment, in fact we have been making extra payments towards Principal managing to substantially reduce the balance of our mortgage. Sometime in XXXX of XXXX XXXX sold our mortgage to XXXX and we were asked to refile our HARP application which we did. Sometime at the end of XXXX XXXX sold our mortgage to Nationstar and we have been making our payments to them never missing a payment and continuing making extra payments towards Principal managing to substantially reduce the balance of our mortgage. We have not proceeded with the refinance because of the excessive closing costs.
Company Response:
State: CA
Zip: 925XX
Submitted Via: Web
Date Sent: 2017-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We were offered a loan modification/assumption by nationstar mortgage now mr cooper. They told me in 2015 that they needed a QCD from the mortgagor to me the occupant of the property with mom as a cosigner. I got XXXX and had my XXXX XXXX, could not XXXX, XXXX XXXX XXXX XXXX XXXX and needed total care ( XXXX facility level of care ) for 10months awaiting XXXX, had several interventions and now I am walking after a long time in XXXX. I am working with XXXX XXXXo secure employment as a XXXX person and meanwhile my mother, who wanted to cosign to the loan, has been paying through XXXX XXXX escrow. the payment specified in the land contract that wrap the mortgage as investigated by the title company where I bought insurance. I asked for a new package in XXXX. It appears that the company sent the package not to my address, XXXX XXXX XXXX XXXX, XXXX, NM. XXXX which is where I live but to a XXXX XXXX in Florida to the mortgagor 's name for them to modify. The mortgagors had made the point to all that they do not want to modify, do not want the house, nor the loan. The bank states they did want to modify and that they did not send me another package to me because the mortgagors wanted to modify. I am attaching the company response as well correspondence of the mortgagor to me, I believe there is a miscommunication between all parties absent from acting in bad faith.
Company Response:
State: NM
Zip: 87114
Submitted Via: Web
Date Sent: 2017-11-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am refinancing a reverse mortgage that my XXXX mother had on her home. The problem is that the payoff quote from XXXX XXXX had a " past due appraisal fee of {$700.00} '' which I and my lender questioned. We both do not know where this fee is from and was told that they are allowed to charge a 'past due appraisal fee '' even though an appraisal was never done by them. After trying to clarify the fee they agreed that is was an error and they removed the fee of {$700.00}. However, by the time this was corrected on XX/XX/XXXX, which the quote was only good through XX/XX/XXXX it was too late and my loan did not fund. So I called the following Monday XX/XX/XXXX to request another payoff quote that was good through XX/XX/XXXX. The faxed the payoff quote on XX/XX/XXXX with the added " past due appraisal fee of {$700.00} again. So, again I called and requested a corrected payoff quote without the {$700.00} past due appraisal fee and was told they would not remove it because they are allowed to charge this fee, which makes no sense. I feel that I am getting deceived by this company. Also, when asked if I can see the so-called appraisal they could not provide one and could not even give the name of the company who did this so-called past due appraisal.
Company Response:
State: CA
Zip: 91746
Submitted Via: Web
Date Sent: 2017-10-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We paid off our mortgage on X/XX/2017 and the lien has still not been released. {$210000.00} was wired to XXXX XXXX from XXXX XXXX on that date. We have notification that the payment was received. We have called the people at XXXX XXXX numerous times and they 've assured us that they were working on the problem. All promise-no action.
Company Response:
State: UT
Zip: 84105
Submitted Via: Web
Date Sent: 2017-10-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/XXXX, I was charged {$90.00} in fees but after speaking with the mortgage company twice, no one can tell me what they are for except to say that it is late fees from XX/XX/XXXX or XX/XX/XXXX. In XX/XX/XXXX, I have been charged {$340.00} in fees and can not figure out what these fees are for. My statement shows only " fees '' - no explanation as to what the fee is for.
Company Response:
State: NC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-10-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In going through my statements & escrow balance today, it shows that {$1000.00} was sent to my hazard insurance carrier on X/XX/17. The bill for my hazard insurance is {$700.00}. I went through all my statements and the only disbursement is the {$1000.00} - which is incorrect. I contacted Nationstar Mortgage but no one could tell me, or would tell me, why the information showing on my account online is incorrect or why there is no statement showing the that correct amount was paid to my hazard insurance carrier. I also can not see where the {$1000.00} was deposited back into my escrow account and where the {$700.00} was paid - I actually ca n't reconcile my escrow account at all ( it does n't help that there is usually more than one statement per month - very confusing ). There are also disbursements out of my escrow account each month ( approx {$100.00} per month ) but no description of where that money is going. No one at Nationstar will assist. I have called several times today and am constantly told that I ca n't talk to anyone who might have the answer. I do n't understand this at all.
Company Response:
State: NC
Zip: 273XX
Submitted Via: Web
Date Sent: 2017-10-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I recently experienced hail damage on my roof in XXXX when a storm came through XXXX. I filed a claim with XXXX XXXX on XXXX/XXXX/XXXX. After the adjuster came to the house a final report was completed and a check was issued and mailed to me. Per my instructions, I forwarded the check in the amount of {$6100.00} to my 2nd lien holder ( XXXX XXXX ) for endorsement after a couple of weeks of waiting, I called in to check status and was told that my mortgage had been service transferred to XXXX XXXX XXXX ( " XXXX '' ) and that they had forward the check to them for endorsement. After waiting a couple weeks for the transfer to take place I started calling XXXX to check status. Day after day, week after week, they continue to tell me that they were still receiving mail from XXXX and that they had n't received the check. After two months of waiting, XXXX advised that it appeared the check was lost and that I should have XXXX reissue a new check. As such, I contacted XXXX and they put a stop check on the original check and reissued a new check. On or about XXXX/XXXX/XXXX, I received the new check and sent it overnight directly to XXXX for endorsement per their instructions. I followed up a week later to check the status of the check, and was advised it was still in processing being endorsed and it should be completed within 2-3 business days. On or about XXXX/XXXX/XXXX I followed up a week later and was told the proceeds had been wired to Nationstar, my 1st lien lender. So I called Nationstar, and was told they had not receive any proceeds and that they did n't even accept wires. I called back into XXXX, each time holding anywhere from 10-30 minutes for a representative. This time, I reached XXXX ( ID XXXX ) who advised that a check had been sent regular mail to Nationstar on XXXX and I should give it 5 business days to arrive. After waiting a week, I called Nationstar, and of course they had not received it. I called again a few days, later, still no luck. Finally, today on XXXX, after calling both companies twice to check status, I finally got XXXX ( ID XXXX ) at XXXX to do more research and tell me that they had sent the check via XXXX on XXXX to Nationstar. I confirmed the tracking number online and confirmed that XXXX XXXX of Nationstar had signed for the package. It has been almost three months since the first check was issued, I still have no proceeds, I have had to reschedule the roofers twice, I have sustained additional damage to my interior due to holes in my roof and the subsequent rain storms that are now not accounted for in the adjusters report. I am beyond frustrated and desperate to get this resolved, but have no way to get any help and each servicer just keeps pointing the finger at the other. I have no other ideas other than to ask the CFPB for help.
Company Response:
State: TX
Zip: 75070
Submitted Via: Web
Date Sent: 2017-10-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX obtained a loan by using XXXX XXXX XXXX XXXX. to secure it. Her account w/Nationstar Mrtg acct is set up so that it collects additional funds and it sends payment to the Tax Collector. Said property was placed in a Trust and that is when an error occurred in the classification by the Tax Collector that caused a higher tax amount to be due. Nationstar began to bill for the higher amount. I wrote Nationstar and provided proof of the error and acknowledgment by the Tax Collector that the error is being fixed and advised Nationstar that the mortgage payment, which includes the regular amount for the property taxes will continue to be paid but that we will not pay the extra tax amount and that we will deal directly with the Tax Collector. In addition, I requested information about the insurance that Nationstart is paying and asked if Nationstar placed the insurance on the account because I want a different insurance company and it never responded to that either. Nationstar ignored our letter and never responded it to. Mr. Copper Mortgage bought out Nationstar and continue to bill the higher amount. Nationstar nor Mr. Copper have responded to the first letter wherein a request was made that they correct their records and stop threatening to start foreclosure. They did not. Mr. Copper sent a letter providing a point of contact but it did not address the letter. We faxed the letter along w/anew letter to Mr. Cooper. Again, it failed to address any of our concerns. But it did begin to harass us. It began to collect a debt that it did not have the right to collect. I also continues to send out delinquent statements. The latest communication from Mr. Cooper was a threat to start foreclose if the total amount " due '' was not paid by XX/XX/17. Since Mr. Cooper has not corrected the account and has set a due date to start foreclosure, we paid most of the money they demanded be paid. It is now in their account earning interest. We do not owe the amount to the Tax Collector. In fact, I received an email confirming that the error has been corrected. More than 4 written communications have been made to no avail. Why does Nationstar/Mr. Cooper think it can threaten to start or start foreclosure for unpaid taxes? ( That are n't even due! ) I believe they are doing to this to many people.
Company Response:
State: CA
Zip: 90012
Submitted Via: Web
Date Sent: 2017-10-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-10-05
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR XXXX COUNTY, FLORIDA CIVIL DIVISION Case No. XXXX XXXX XXXX, XXXX Plaintiff, Loan No. XXXX v. XXXX XXXX XXXX, XXXX A/K/A/ XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX ; UNKNOWN SPOUSE OF XXXX XXXX XXXX, XXXX A/K/A XXXX XXXX XXXX XXXX ; UNKNOWN SPOUSE OF XXXX XXXX XXXX ; UNKNOWN TENANT # 1 ; UNKNOWN TENANT # 2 ; ALL OTHER UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER, AND AGAINST A NAMED DEFENDANT ( S ) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAME UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMAINTS, Defendants, COMPLAINT TO XXXX XXXX Requesting Time to complete Quiet Title procedure enforcement Presently the resolution department at XXXX XXXX is not honoring Article 12 of the Mortgage signed by XXXX XXXX XXXX and XXXX XXXX XXXX on XX/XX/XXXX : Loan No. XXXX ; XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). This problem has been continual from the previous servicing companies. This is not allowing me, the co-mortgagor/successor, to communicate and complete all procedures and/or any other instruments required regarding this loan. The following issues are the reason the lender will not communicate with me : the deed ( XXXX XXXX XXXX XXXX XXXX ) reads as Tenants in Common ( based on the entitlement of interest ) but the mortgage reads as Joint Tenants ( equal share ). Special note : I was never allowed to sign the note to grant my portion of ownership of the property ; this is due to the mortgage being written as Joint Tenants. INTRODUCTION A. The borrower/co-mortgagor refinanced the home in XX/XX/XXXX ; borrower left the home in XX/XX/XXXX. The borrower abandoned the residence leaving the co-mortgagor to bear all household expenses. B. The borrowers mother moved into the home with co-mortgagor in XX/XX/XXXX due to being under XXXX XXXX and XXXX in XX/XX/XXXX. This was an additional expense to co-mortgagor. Co-mortgagor received no support of any type from the borrower. C. The borrower got married in XX/XX/XXXX and then filed bankruptcy ( reporting to the foreclosure courts his stand { XXXX XXXX XXXX Register of Actions, Response dated XX/XX/XXXX } on our residences foreclosure process ). This item and his absence from any hearings regarding the foreclosure, conveys all interest in the property. D. Mortgagee still enforces the mortgage documents as a joint tenancy, and promissory note and stated they could not speak with the co-mortgagor ; disregarding Article 12 of the Mortgage. However, the mortgagee at that time verbally informed co-mortgagor to continue to make payments to the suspended account for one year and the borrowers name would be removed from the Deed and Mortgage. E. Co-mortgagor/successor continued to make payments ( based on Article 12 of the Mortgage ) toward the main objective for mortgage qualification payments placed in a suspended account from XX/XX/XXXX through XX/XX/XXXX ( over three years ). The mortgagee still enforcing the mortgage documents as a Joint Tenant refused to speak with me and continued with foreclosure proceedings. F. Co-mortgagor/successor was forced to file bankruptcy in order to halt the foreclosure, which damaged co-mortgagors credit. Co-mortgagor/successor is still making payments to the bankruptcy court / suspended account during mediation agreement. G. If my mediation does not come to an agreement, I have two options as a co-mortgagor/successor : a. Surrender my interest in the property ( as I did not sign the note, I did not give my equity interest to the bank as security ) and the funds in the suspended account for bankruptcy and funds paid for qualifying for assuming the mortgage. The borrower gave up his equity interest in the property ; the bank secured his portion of the equity interest. b. Make a monthly payment of {$2900.00} for the next 40 months then resume making monthly mortgage payments directly to the bank. The bank is willing to accept the above payment amount knowing that my taxable income is well below that amount ( no proof of income as long as I can make the payments ). H. File a quiet title in order to eliminate XXXX XXXX XXXX as a Grantee. The mortgage will still be a legal entity against the borrower ( XXXX XXXX XXXX ) in Chapter XXXX bankruptcy. Borrower a. Borrower cohabitated in an apartment along with co-mortgagors son from a previous relationship and had a daughter with co-mortgagor. b. Co-mortgagor added borrower to the deed then obtained a construction loan to build our first home where co-mortgagors initial house stood ; with future plans to get married. c. Co-mortgagor paid off the prior mortgage with funds from my retirement plan. d. Borrower/co-mortgagor used borrowers sister as a mortgage broker/loan officer and cousin as closing agent. e. Co-mortgagor used 401K earnings to pay off the balance on the FHA loan of our first homestead property. f. Borrower wanted a 30-year instead of 15-year term mortgage wanted by the co-mortgagor ; by being the sole signer on the promissory note as borrower, he designated the 30-year mortgage. g. Borrower/co-mortgagor provided all documents required for this type of loan. They were provided to the processor and underwriter for approval of this loan. There was neither request for the current warranty deed nor a request for a new deed to be signed. h. Mortgagee still enforces the mortgage documents as a joint tenancy, and promissory note and stated they could not speak with the co-mortgagor ; disregarding Article 12 of the Mortgage. However, the mortgagee at that time verbally informed co-mortgagor to continue to make payments to the suspended account for one year and the borrowers name would be removed from the Deed and Mortgage. i. Co-mortgagor/successor continued to make payments ( based on Article 12 of the Mortgage ) toward the main objective for mortgage qualification payments placed in a suspended account from XX/XX/XXXX through XX/XX/XXXX ( over three years ). The mortgagee still enforcing the mortgage documents as a Joint Tenant refused to speak with me and continued with foreclosure proceedings. j. Borrower abandoned the residential property and got married and filed Chapter XXXX conveying all financial responsibilities to the residential property. k. Borrower took a stand for the right to remove himself from tenants in common by writing a Lis Pendens response to the Foreclosure Homestead, Case No. XXXX, conveying his interest to the property ; relinquishing absolute and unconditional control. Borrower has been in default of Foreclosure Homestead as of XX/XX/XXXX. By being in default, borrower has shown the bankruptcy and foreclosure courts that he has no intent, concern, interest, or value to this property. Co-Mortgagor/Successor ( from Mortgage under Joint Tenants ) a. The property was given to the co-mortgagor by my father. b. Co-mortgagor added the borrower to the deed in XX/XX/XXXX in order to obtain a construction loan. c. After completion, borrower/co-mortgagor obtained an FHA loan. Deed and promissory note read as follows : XXXX XXXX XXXX XXXX XXXX, a single man and XXXX XXXX XXXX, a single woman ( as tenants in common ). d. The home was refinanced in XX/XX/XXXX. I used my 401K earnings to pay off the balance on the FHA loan. I was informed by the mortgage broker/loan officer ( the borrowers sister ) and the closing agent ( the borrowers cousin ) that I would be on the mortgage and the promissory note for a 15-year term not 30 years. I signed the documents early as I had to return to work and was ensured by the mortgage broker/closing agent that everything would be fine. e. Borrower/co-mortgagor provided all documents required for this type of loan. They were provided to the processor and underwriter for approval of this loan. There was neither a request for the current warranty deed nor a request for a new deed to be signed. f. I found out after the 3-day rescission period that the numbers were different. After reviewing the closing documents at home, I found out that only the borrowers bills were paid and funds from the proceeds were paid directly to the borrower only. g. Shortly after closing the loan, the borrower began staying in XXXX stating it was more cost effective for him than commuting back to XXXX. h. The hardship began when the borrower left in XX/XX/XXXX. I was now left with all of the household expenses, raising our daughter alone, and caring for the borrowers sick mother who moved in with me in XX/XX/XXXX. She was under XXXX XXXX and XXXX in XX/XX/XXXX. Please note that borrower never supported our daughter nor assisted financially for his mothers care. i. Co-mortgagor received documents about a loan modification in the borrowers name. Lender still enforces the mortgage documents and promissory note and stated they could not speak with me. The lender at that time informed me to continue to make payments to the suspended account for one year and the borrowers name would be removed from the deed and mortgage. j. Mortgagee still enforces the mortgage documents as a joint tenancy, and promissory note and stated they could not speak with the co-mortgagor ; disregarding Article 12 of the Mortgage. However, the mortgagee at that time verbally informed co-mortgagor to continue to make payments to the suspended account for one year and the borrowers name would be removed from the Deed and Mortgage. a. Co-mortgagor/successor continued to make payments ( based on Article 12 of the Mortgage ) toward the main objective for mortgage qualification payments placed in a suspended account from XX/XX/XXXX through XX/XX/XXXX ( over three years ). The mortgagee still enforcing the mortgage documents as a Joint Tenant refused to speak with me and continued with foreclosure proceedings. Borrower abandoned the residential property and got married and filed Chapter XXXX conveying all financial responsibilities to the residential property. Please note, from my understanding, the borrower attended all his Chapter XXXX bankruptcy hearings because he had an interest or concern. He told me that he had no interest or concern in this matter any more. k. Co-mortgagor continued to make payments from XX/XX/XXXX through XX/XX/XXXX attempting to qualify to be added to the promissory note. However, the funds were collected from me but they proceeded with the foreclosure informing me that I must have the borrower sign off the deed. My first attorney never addressed the concern of how to have the borrower removed from the deed by use of a quiet title. He only referred to a quit claim deed. Other attorneys stated nothing could be done but to surrender the property. l. Co-mortgagor was forced to file bankruptcy, using Article 12 of the Mortgage, in order to halt the foreclosure. During bankruptcy proceedings for Chapter XXXX, again I continued to make payments toward qualifying to obtain the mortgage in co-mortgagors name. I began making payments to the bankruptcy courts, as a Successor based on Article 12 of the Mortgage, ( in a suspended account ) in XX/XX/XXXX through XX/XX/XXXX. m. Bankruptcy mediation gave me, the Successor ( based on Article 12 of the Mortgage ), two options by XX/XX/XXXX 1. Surrender my interest in the property ( as I did not sign the note as a co-borrower, I did not give my equity interest to the bank as security ) and the funds in the suspended account for bankruptcy and funds paid for qualifying for assuming the mortgage. The borrower gave up his equity interest in the property ; the bank secured his portion of the equity interest. 2. Make a monthly payment of {$2900.00} for the next 40 months then resume making monthly mortgage payments directly to the bank. n. File a quiet title in order to eliminate XXXX XXXX XXXX as a Grantee. The mortgage will still be a legal entity against the borrower ( XXXX XXXX XXXX ) in Chapter XXXX bankruptcy. FACTS Uniform Residential Loan Application ( Information on the loan application is what is used for underwriting the loan for approval ) Mortgage applications follow the Uniform Residential Loan Application I. TYPE OF MORTGAGE AND TERMS OF LOAN Mortgage Applied for : Conventional Agency Case Number Lender Case Number XXXX XXXX. PROPERTY INFORMATION AND PURPOSE OF LOAN Subject Property Address ( street, city, state & ZIP ) XXXX XXXX XXXX, XXXX, XXXX XXXX, Florida XXXX Legal Description of Subject Property ( attach description if necessary ) Year Built See attached Deed XX/XX/XXXX Purpose of Loan : Refinance Property will be : Primary Residence Title will be held in what Name ( s ) Manner in which Title will be held XXXX XXXX XXXX XXXX XXXX, single man Tenants in Common XXXX XXXX XXXX, single woman VIII. DECLARATIONS If you answer Yes to any questions a through e, Borrower Co-Borrower Please use continuation sheet for explanation All answers are NO -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - l. Do you intend to occupy the property as your primary residence? If Yes, complete question m below. m. Have you had an ownership interest in a property in the last three years? Yes ( 1 ) What type of property did you ownprincipal residence ( PR ) ( 2 ) How did you hold title to the homejointly with another person ( O )? XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. ACKNOWLEDGEMENT AND AGREEMENT Each of the undersigned specifically represents to Lender and to Lender 's actual or potential agents, brokers, processors, attorneys, insurers, servicers, successors and assigns and agrees and acknowledges that : ( 1 ) the information provided in this application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misrepresentation of this information contained in this application may result in civil liability, including monetary damages, to any person who may suffer any loss due to reliance upon any misrepresentation that I have made on this application, and/or in criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec. 1001, et seq. ; ( 2 ) the loan requested pursuant to this application ( the " Loan '' ) will be secured by a mortgage or deed of trust on the property described in this application ; ( 3 ) the property will not be used for any illegal or prohibited purpose or use ; ( 4 ) all statements made in this application are made for the purpose of obtaining a residential mortgage loan ; ( 5 ) the property will be occupied as indicated in this application ; ( 6 ) the Lender, its servicers, successors or assigns may retain the original and/or an electronic record of this application, whether or not the Loan is approved ; ( 7 ) the Lender and its agents, brokers, insurers, servicers, successors, and assigns may continuously rely on the information contained in the application, and I am obligated to amend and/or supplement the information provided in this application if any of the material facts that I have represented herein should change prior to closing of the Loan ; ( 8 ) in the event that my payments on the Loan become delinquent, the Lender, its servicers, successors or assigns may, in addition to any other rights and remedies that it may have relating to such delinquency, report my name and account information to one or more consumer reporting agencies ; ( 9 ) ownership of the Loan and/or administration of the Loan account may be transferred with such notice as may be required by law ; ( 10 ) neither Lender nor its agents, brokers, insurers, servicers, successors or assigns has made any representation or warranty, express or implied, to me regarding the property or the condition or value of the property ; and ( 11 ) my transmission of this application as an " electronic record '' containing my " electronic signature, '' as those terms are defined in applicable federal and/or state laws ( excluding audio and video recordings ), or my facsimile transmission of this application containing a facsimile of my signature, shall be as effective, enforceable and valid as if a paper version of this application were delivered containing my original written signature. Acknowledgement. Each of the undersigned hereby acknowledges that any owner of the Loan, its servicers, successors and assigns, may verify or reverify any information contained in this application or obtain any information or data relating to the Loan, for any legitimate business purpose through any source, including a source named in this application or a consumer reporting agency. ( Item D ) The practice of most lenders is to rerun information on a weekly basis is to make sure nothings changed and to insure that all data in the loan file is accurate. There are specific rules under the Fair Housing Act and other federal laws with what needs to be asked [ to borrowers ] Mortgage applications follow the Uniform Residential Loan Application thats used by XXXX XXXX and XXXX XXXX. A mortgage broker/loan officer collects an applicants information on behalf of a lender that makes the decision whether to originate the mortgage. Cant underwrite or approve a loan. ISSUES A. All in the Family : improper disclosure to co-mortgagor ; confidentiality issues ; steering customer not to be on the note ; changed co-mortgagor request for a 15-year mortgage through fraud, bad faith, and coercion. B. Borrower relinquished absolute unconditional control to interest in the deed under borrower ( I thru o ) C. Deed does not match mortgage. The mortgage is a lien on your title and the failure to correctly identify the interest in the property would not allow the enforceability of the mortgage lien. The mortgage should not vary from the deed in description of the property or interest. ( Title company error. ) A form filled out incorrectly or a misunderstood law caused problems. The co-mortgagor/successor lost money due to incompetence or carelessness, the legal entities along with the title company should be held liable for negligence, which is an unintentional breach of a legal duty. D. As the co-mortgagor did not sign the promissory note as a co-borrower, I did not give my equity interest to the bank as security. E. The bank is still holding co-mortgagors/successors monthly payments to determine a monthly loan modification payment as a Successor, under the borrowers foreclosure. Co-mortgagor filed Chapter XXXX to obtain a loan modification as a Successor but was turned down both times. A Successor does not have to be on the note, but they have the right to pay off the secured interest held by the bank. The bank must honor her interest in the property as a Successor. The bank has the right to ask the Successor for financial information. No record of where the funds were applied during the qualification for a loan modification as a Successor. As a result of the dismissal of my bankruptcy case, the attorney, XXXX XXXX, has agreed to refund to me {$2700.00} in order to hire a quiet title attorney. As of today, I am hiring a new attorney, XXXX XXXX XXXX, to file for a quiet title, and to file a complaint with the clerk of courts in XXXX County followed by a Notice of Pendency Action that is recorded by county clerk. Please forward these funds to my attorney, XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, FL XXXX, Phone : XXXX, Toll Free : XXXX. I had hired an attorney for a partition ; however, the attorney recommended a quit claim deed by requesting that the borrower, XXXX XXXX, sign the quit claim deed. The attorney was unable to complete this process. CONCLUSION A. Title insurance policiesYour closing costs will include payment for the policy that protects the lenders investment against claims against your ownership of the property. This will repay the lender for the amount of your mortgage loan if, for any reason, your ownership is legally declared void. You should seriously consider a title insurance policy to protect your personal investment also. If your title is voided, an owners title insurance policy will repay the amounts of your down payment and other costs. B. Errors were made in the mortgage by the underwriter, title company, title agent, closing agent ; all failed in properly titling the vested interest in the property. C. All lenders are refusing to speak with the co-mortgagor/successor because she is not on the mortgage note are violating my rights ; again, failing to honor Article 12 of the Mortgage which requires her to file a quiet title. D. The bankruptcy attorney failed to file the documents in the foreclosure court before the house was sold. E. Not signing the note does not equate to XXXX XXXX relinquishing her interest to the bank ( the relinquishing party, XXXX XXXX XXXX, is in Chapter XXXX ). REASONING Various factors like rights, titles, and the interests of the borrowers were entrusted to the bank. The lender and the borrower trusted that the title company would assume the chronology of these transactions in order that the mortgage-backed securities would enforce the arrangement of the note and the mortgage without any cloud against it. The Deed follows the Note to ensure proper chain of title on an Assignment of a Note and Mortgage. Failure to correctly identify the chain of title interests to the property would not allow the enforceability of a mortgage lien, a foreclosure, nor a bankruptcy. The deed reads the partys names as tenants in common. The mortgage reads the partys names as joint tenants. The correction needed a new deed and should be titled as joint tenants to maintain the chain of title ; or change the mortgage deed to tenants in common. Either correction would force the loan to go back to underwriting. Please note that if there is any change in documents, the borrowers must be informed. The mortgage is invalid to the deed if the transfer caused fraud, menace, duress, and undue influence. It should have been overturned by the title company and the underwriter. The homeowner believes she has been taken advantage of by a disreputable company. A. Co-mortgagor is requesting that the title company pay defaulted mortgage due to a chain of title issue which negates the promissory note from the deed by not clarifying her interest in the property as designated in a tenants in common. This does not release the borrower from his secured interest which was declared in his Chapter XXXX bankruptcy. There was no clarification of what percentage of secured interest the borrower had with the bank. B. Underwriting rules may differ for joint tenants ( equal ownership ) and tenants in common ( percentage of ownership ) on the deed. As XXXX XXXX is not honoring Article 12 of the Mortgage and refusing to speak with the co-mortgagor/successor ; the co-mortgagor/successor is requesting a quiet title. Filing a quiet title would give me fee simple sole ownership of the property. I am, therefore requesting time to complete the process due to the status of the foreclosure proceeding. The lender has taken 42 months to refuse my status as a successor as stated in the incorrect mortgage listed as Joint Tenants. I am asking for that time ( 10 months ) to complete filing for quiet title. I, XXXX XXXX XXXX, am a co-mortgagor/Defendant in the above-entitled action. I have read the foregoing and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true. Dated : XX/XX/XXXX _________________________ XXXX XXXX XXXX Co-Borrower/Defendant Co-Mortgagor/Successor XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX ( XXXX ) XXXX XXXXXXXXXXXX IF A NONLAWYER HELPED YOU FILL OUT THE FORM, HE MUST FILL IN THE BLANKS BELOW : I, XXXX XXXX XXXX, XXXX, a nonlawyer, located at XXXX XXXX XXXX, XXXX FLORIDA, XXXX, helped XXXX XXXX. XXXX., who is the DEFENDANT, fill out this form. Copies furnished to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Email : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX Attn : XXXX XXXX, XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX Phone : XXXX Toll Free : XXXX Fax : XXXX XXXX XXXX XXXX XXXX XXXX # XXXX, XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXXXXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX Phone : XXXX XXXXXXXXXXXX Nationstar Mortgage, LLC XXXX XXXX XXXX XXXX, TX XXXX Attn : XXXX XXXX XXXXXXXXXXXX XXXX Ph XXXX Fax XXXX XXXX XXXX XXXX, XXXX Corrections Officer XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX Florida Attorney General XXXX XXXX ; via email Consumer Financial Protection Bureau ; via email Office of the Comptroller of the Currency ( OCC ) ; via email XXXX XXXX, Governor of Florida, via email
Company Response:
State: FL
Zip: 32822
Submitted Via: Web
Date Sent: 2017-10-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A