Consumer complaint received 2015-09-16
Company: NATIONSTAR MORTGAGE LLC
State: NV
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I applied for assistance in saving my home with my servicer Nationstar Mortgage. They have denied me for a loan modification ( XXXX/XXXX/2015 ) stating my Net Monthly Income is not sufficient to service my debt. They state my gross income is XXXX per month and my net income is only XXXX per month. This net income is not correct. They made an error in the review and are now refusing to correct the error and properly review me for assistance. I am a tip earner and my tips show on my pay stub in a separate location from my regular pay. However, Nationstar is refusing to use them in my net income. The year to date net income shown on my pay stubs only reflect what my employer pays me for my base pay. The tips are not included in that year to date on my pay stub. They need to be added back into the year to date to get my TOTAL net income. Nationstar is only using my " base '' net income paid to me by check. They are excluding my tips from my net income simply because those tips do not show in my year to date net income at the bottom of my check. I have explained this to them now several times and their underwriter refuses to correct their error. If anyone looks at the year to date totals at the bottom of my pay check, you can see the tips were deducted from the gross income along with the payroll and taxes. The year to date total gross is accurate, but the net only pertains to what my employer paid me by check for my base pay.This is an error in underwriting and my attorney has pointed this out to a manager at Nationstar. The manager agreed with me and sent my file back to underwriting stating an error was made in the review and that my net income used in the review excluded my tips which should have been used. My net income is not XXXX per month but closer to XXXX. Underwriting came back stating they were not going to correct the error and they are still denying me and refusing to even look at the issue. They state the decision stands and they refuse to correct my net income to what shows on my pay stubs. This is ridiculous and I can only come to the conclusion this is being done on purpose to evade reviewing me for assistacn save my home. My tips are shown as a deduction to my gross monthly income because my job does not pay me my tips. I receive them in cash while working. It is common sense that there is no way someone can have a gross monthly income of XXXX and a net income of XXXX. There is obviously something missing. It 's my tips!!!!! I was told I was denied for a loan modification because my net income is too low and I am unable to service my debt/expenses. This is not true. My servicer is ignoring my tips on my pay stubs when calculating my net income. I am not sure why they refuse to count my tips in my net income. They show on my pay stub and we have explained this to a manager named XXXX ( XXXX/XXXX/15 ) who also agrees with us. This is the second time Nationstar 's incompetent underwriting refuses to count my tips toward my net income. They count it toward my gross income. It 's not complicated and I believe Nationstar is simply doing this to purposely evade reviewing me for assistance. This is the second time I am applying for assistance and the second time Nationstar refuses to properly underwrite my paystubs.

Company response to consumer: Closed with explanation