Consumer complaint received 2020-03-12
Company: Mr. Cooper Group Inc.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
XX/XX/XXXX To : Consumer Financial Protection Bureau Re : Formal Complaint against Mr. Cooper ( aka : Nationstar Mortgage LLC ) I want to file a formal complaint against Mr. Cooper for illegal, unfair, deceptive, abusive acts and practices against me, XXXX XXXX. 
Mr. Cooper is my loan service provider for my Second Mortgage ( loan # XXXX ) that I took out in XX/XX/XXXX ( 15 years ago ). I was unaware at that time that I had a balloon payment that matured on XX/XX/XXXX. I have been making my mortgage payments on time for the past 15 years. Mr. Cooper did NOT notify me that I had a balloon payment due on XX/XX/XXXX. The Mortgage Loan Statement dated XX/XX/XXXX stated amount due of {$460.00} ( attachment A ). I paid {$490.00} as billed on the statement with a check noted for XX/XX/XXXX payment ( attachment B ), and Mr. Copper cashed the check. Also, the next Mortgage Loan Statement for XX/XX/XXXX dated XX/XX/XXXX stated amount due of {$480.00} ( attachment C ). I paid {$480.00} as billed on the statement with a check noted for XX/XX/XXXX payment ( attachment D ), and Mr. Cooper also cashed that check. I mailed each check in with the XX/XX/XXXX and XX/XX/XXXX mortgage coupon ( respectively ), and I wrote on each check the month the payment is intended for. Mr. Cooper did NOT apply neither the XX/XX/XXXX payment nor the XX/XX/XXXX payment towards my principal and interest but instead put it in an Unapplied Funds ( Attachment M ). On XX/XX/XXXX @ XXXX, I called Mr. Cooper Rep XXXX XXXX and requested that he apply the XX/XX/XXXX and XX/XX/XXXX payments and he replied it can not be applied because we need the full payment ), and he transferred me to the escalation Team citing he could not help me. Mr. Cooper Rep XXXX XXXX answered the call, and I asked her to apply XX/XX/XXXX and XX/XX/XXXX payments as I intend and wrote on each check. She said that she can not apply it due to the full balloon payment of {$45000.00} being due. I got her direct phone number and told her I would be calling her back with my new Lender. I called her back and then conferenced in my new prospective Mortgage Lender ( XXXX XXXX ) of XXXX XXXX XXXX XXXX. I again asked her to apply the funds as I intend and wrote on the checks, and she said that we have accepted the funds but can not apply it until the full balloon payment is paid. She stated the funds will be applied once the balloon payment is paid. XXXX XXXX told her that I am trying to refinance, and XXXX XXXX XXXX XXXX will pay off the mortgage once the funds are correctly applied and he gets an updated Payoff Notice. She said pay the {$46000.00} and the unapplied funds will be refunded after the balloon payment is made. She said You can deduct the {$970.00} of unapplied funds for the payoff but to be safe I would pay the full amount and then youll get a refund. After being, on the call for approximately 20 minutes ( which XXXX kept putting us on hold ) and returning answering questions, XXXX disconnected the call. 
I also contacted another Mr. Cooper Reo requesting to apply the XX/XX/XXXX and XX/XX/XXXX payments to the principal and interest and then adjust the Interest Calculated from date starting XX/XX/XXXX, and she said that she can not apply it to the interest. 

On XX/XX/XXXX, I sent an email ( Attachment E ) to Mr. Cooper Research Department and XXXX XXXX ( my Loan Specialist ) requesting to apply to apply my XX/XX/XXXX and XX/XX/XXXX payments to my interest and principle and to send me an updated/new Payoff Breakdown and email XXXX XXXX XXXX XXXX the new Payoff Breakdown. I stated in the email This misapplication of BOTH of my payments is preventing me from securing a NEW MORTGAGE LOAN. In response, Mr. Cooper email me the SAME Mortgage Breakdown WITHOUT applying the payments to my principle and interest AND still documenting my XX/XX/XXXX and XX/XX/XXXX mortgage payments as Unapplied Funds ( Attachment M ). 

Again on XX/XX/XXXX, I sent another email ( Attachment F ) to Mr. Cooper Research Department and XXXX XXXX ( my Loan Specialist ), XXXX XXXX, XXXX XXXX and XXXX XXXX requesting to apply to apply my XX/XX/XXXX and XX/XX/XXXX payments to my interest and principle and to send me an updated/new Payoff Breakdown. I also requested for Mr. Cooper to call me. As of today, XX/XX/XXXX, I have not received the new Payoff Mortgage Breakdown as I requested nor have I received a returned call from Mr. Cooper. I called my designated Loan Specialist XXXX XXXX several messages ( on XX/XX/XXXX @ XXXX XXXX PST and XX/XX/XXXX at XXXX XXXX PST ) both left a message requesting to apply the payments and asking her both times to return my call. As of today, XX/XX/XXXX, I have not received a call. 

On XX/XX/XXXX, I call Mr. Cooper and spoke with Rep XXXX, and to apply for an extension on the balloon payment and to refinance my First Mortgage ( Loan # XXXX ) and Second Mortgage into one loan. I also spoke to another Representative that day he ran a soft credit report on me citing and can do the refinance and he told me that my loan was a subprime loan that squeeze between the cracks. He later called me and stated he can not do the refinance. On XX/XX/XXXX, I call Mr. Copper requesting to reach the Escalation Team and Loan Specialist with XXXX XXXX XXXX said I am licensed in California, and can definitely get your mortgages combined and refinanced. He told me to pay for the Home Appraisal which I did, and week later I was denied the refinance. I also applied for a Loan Modification on XX/XX/XXXX, and was denied the Loan Modification. 

On XX/XX/XXXX, I received a certified letter ( dated XXXX ( Attachment G ) from Mr. Cooper citing they have been trying to reach me to resolve the delinquent status of my loan and to discuss my financial situation and to explore options other than foreclosure. That was the ONLY certified letter that I have received from Mr. Cooper, and it does NOT state ( or mention ) a balloon payment. I have been communicating with them regularly. I have been consistently calling and emailing them. I have been begging for their assistance to avoid foreclosure. I have received emails from them and emails from XXXX XXXX XXXX and providing him/Mr. Cooper requested loan documents ( Attachment H ). I have been in contact with XXXX XXXX multiple times ( Attachment I ). I just spoke with XXXX XXXX again on XX/XX/XXXX. Again, they denied me refinancing twice, denied the loan modification ( Attachment K ), and denied my request to extend the balloon payment due to Mr. Cooper failing to properly notify me. Mr. XXXX XXXX and Mr. XXXX told me to get a personal loan and they can refi me. I have been actively seeking their assistance. I have been begging them for help, and now Mr. Cooper is not even returning my calls. I am in dire straits. 
As of today, I have NOT received written notice from Mr. Cooper citing that my balloon payment was due on XX/XX/XXXX. The first written notice I received regarding the loan maturing on XX/XX/XXXX is on the XX/XX/XXXX Mortgage Loan Statement ( dated XX/XX/XXXX ( Attachment J ). Please keep in mind that the last two statements for XX/XX/XXXX and XX/XX/XXXX billed me for {$460.00} and {$480.00} ( Attachment A and C ) which I paid as instructed. 

My complaint against Mr. Cooper is that that they failed to notify me of the balloon payment as required by California Civil Section Code 2966 ; thus preventing me from seeking refinancing and other options for securing financing. Mr. Cooper did not grant me an extension on the balloon payment ( due to lack of notification ) as I requested. Mr. Cooper denied me refinancing and denied my loan modification request ( Attachment K ). Mr. Cooper is illegally holding my XX/XX/XXXX and  XX/XX/XXXX mortgage payments in an Unapplied Account ( Attachment L ) where they are drawing interest on daily. Mr. Cooper has made NO EFFORT to assist me with my mortgage. And now Mr. Cooper is preventing me from securing a new loan with my new Lender.  My New Lender informed them that I am refinancing and can pay them Today ( XX/XX/XXXX ) if they would apply my XX/XX/XXXX and XX/XX/XXXX payments, and they have refused. Mr. Cooper is preventing me from closing on my new Mortgage Loan. Mr. Cooper is illegal, unfair, deceptive, abusive acts and practices against me and preventing securing a new mortgage loan ; thus, causing me to be foreclosed on ( after 15 years of timely mortgage payments ). This ordeal has been very stressful and has adversely affected by health. I am asking that Mr. Cooper comply with all my requests as stated in the resolution below. 

The resolution to my request is : ( 1 ). Apply my XX/XX/XXXX and XX/XX/XXXX mortgage payments to my principal and interests ; ( 2. ) recalculate the principal and interest including payments- also stating with interest calculated from XX/XX/XXXX to XX/XX/XXXX or bringing me current ; ( 3. ) After recalculating the balance, notify me of new Payoff Breakdown ( with updated balances ) ; ( 4. ) extend the balloon payment due date as I was NOT notified of the Balloon payment due. My resolution includes Mr. Cooper actively assist me to secure a new mortgage loan. This is a subprime predatory loan that I am requesting that Mr. Cooper work with ( and cooperate with ) me to seek refinancing and/or other financing options with outside Lenders. 

I am requesting that Mr. Cooper act in good faith with me and help me from losing my home. This is my primary residence and has been my home for 15 years now and have never missed a payment. Please contact/call for me a resolution. 

Your attention in this urgent matter is most appreciated and needed. 
Sincerely, XXXX XXXX phone # : ( XXXX ) XXXX email : XXXX XXXX

Company response to consumer: Closed with explanation