Consumer complaint received 2023-11-29
Company: Mr. Cooper Group Inc.
State: TX
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
On XX/XX/2020 I signed a loan agreement with XXXX XXXX XXXX they then sold my loan agreement to Nationstar Mortgage Inc and Nationstar Mortgage sold my loan agreement to their subsidiary company Mr. Cooper Inc. Mr. Cooper Inc is now alleging I owe a debt that they can not prove to be true. My promissory note has been my financial asset in which each company securitized and used for further profits. As the only original holder in due course each business was bound by securities law to share the profits with the investor and the true shareholder of the security. I have received no monetary value or consideration for my note. Mr. Cooper Inc can not collect on a discharge/canceled debt which is stated in the IRS publication . Furthermore each company has not accurately reflected the profits from the trading of my security which makes me believe they are invading taxes. I have asked each Nationstar and Mr. Cooper Inc for their book ledgers to show the debit from each bank 's account to prove I am indebted to them. Neither company has sent those records in question. This is NOT a request for the contract but for the book entry securities ledger. If no records exist this debt must be discharged dollar for dollar as Mr. Cooper Inc stated to the SEC in order to process securities. Mr Cooper Inc is a servicer and servicers DO NOT have to collect payment only to hold the mortgage loan itself. How is Mr. Cooper Inc acting in the capacity of the original creditor.

servicer ( 2 ) Servicer The term servicer means the person responsible for servicing of a loan ( including the person who makes or holds a loan if such person also services the loan ). The term does not include ( A ) the Federal Deposit Insurance Corporation or the XXXX XXXX XXXX, in connection with assets acquired, assigned, sold, or transferred pursuant to section 1823 ( c ) of this title or as receiver or conservator of an insured depository institution ; and ( B ) the Government XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, or the Federal Deposit Insurance Corporation, in any case in which the assignment, sale, or transfer of the servicing of the mortgage loan is preceded by ( i ) termination of the contract for servicing the loan for cause ; ( ii ) commencement of proceedings for bankruptcy of the servicer ; or ( iii ) commencement of proceedings by the Federal Deposit Insurance Corporation or the XXXX XXXX XXXX for conservatorship or receivership of the servicer ( or an entity by which the servicer is owned or controlled ).

3-601. DISCHARGE AND EFFECT OF DISCHARGE.

Primary tabs ( a ) The obligation of a party to pay the instrument is discharged as stated in this Article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.

( b ) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.

3-602. PAYMENT. 
( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.

( b ) Subject to subsection ( e ) a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee ; reasonably identifies the transferred note ; and provides an address at which payments subsequently can be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection ( c ) even if the party obliged to pay the note has received a notification under this paragraph. 

( c ) Subject to subsection ( XXXX ), to the extent of a payment under subsections ( a ) and ( b ), the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person. ( d ) Subject to subsection (
e ), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection ( b ) after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.

( e ) The obligation of a party to pay the instrument is not discharged under subsections ( a ) through ( d ) if : ( 1 ) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( XXXX ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument. 

( f ) As used in this section, " signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record.

3-603. TENDER OF PAYMENT.

Primary tabs ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. 

( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 

( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

3-604. DISCHARGE BY CANCELLATION OR RENUNCIATION. 
Primary tabs ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record. 

( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement. 

( c ) As used in this section, " signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record.

Company response to consumer: Closed with explanation