Consumer complaint received 2022-04-01
Company: Mr. Cooper Group Inc.
State: CO
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
In XXXX of XXXX, I had entered into forbearance with my mortgage servicer at the time, XXXX XXXX XXXX  Around the last week of XX/XX/XXXX, about 5 weeks before the forbearance expired, I received a packet from XXXX XXXX XXXX with a Loan Modification offer. Upon reviewing the packet, I noticed that the documentation stated that only I sign, being divorced and only my name on the Deed to the property. My concern was that my ex-wife was listed on the page that needed to be notarized. After several conversations with XXXX XXXX XXXX about the matter, I was told to just sign the documents myself and have the notary ignore my ex-wifes signature line and send in the paperwork with marriage certificate, divorce decree, and the Quit Claim Deed. As shown in document # 1, I was required to mail this in by XX/XX/XXXX. As shown in Document # 2, my receipt shows the documents were sent XX/XX/XXXX next day service and tracking shows it was signed for on the morning of XX/XX/XXXX. The only thing that was left was the modification agreement stated that I had to make the new payment amount of {$1100.00} by XX/XX/XXXX for XXXX payment. So I scheduled the payment for XX/XX/XXXX. On around XX/XX/XXXX I learned that XXXXXXXX XXXX XXXX was transferring my loan to Mr. Cooper with an effective date of XX/XX/XXXX. On XX/XX/XXXX, I received a new packet from XXXX XXXX XXXX with new loan modification documents. These documents were of the identical in scope and terms, however it appears they decided they wanted me to resign them with having listed only my name on the notary page ( they removed my ex-wife from the notary page ). The due date for these documents was XX/XX/XXXX as can be seen in uploaded document # 3. I signed the updated modification and mailed next day service on XX/XX/XXXX as can be seen in document # 4. On XX/XX/XXXX, I received from XXXX XXXX XXXX XXXXhe final modification paperwork, and a modification complete letter which I have attached as document # 5. I considered the process complete as I had done everything I needed to and was told to do and received verification my modification was complete. So from what I could tell, I was 100 % done with this matter. 

On XX/XX/XXXX or so, I received my welcome packet for Mr. Cooper. On XX/XX/XXXX I received a Forbearance Has Expired notice from Mr. Cooper. I already knew this and knew I had taken care of a loan modification so I ignored this. Near the end XXXX I received my first statement from Mr. Cooper indicating that I owed {XXXX} and listing the old payment amount due for XXXX, my monthly amount prior to modification. The statement also indicated that they took the unapplied funds that were transferred from XXXX XXXX XXXX  and applied it to my XXXX payment! As noted above, I made the XXXX payment on XX/XX/XXXX to XXXX  XXXX XXXX. On XX/XX/XXXX at XXXX, I called XXXX XXXX who is listed as my Dedicated Loan Specialist on my Mr. Cooper documentation. Though when you call the number listed as her number, you usually get a random person. I spent 48 minutes on the phone with XXXX going over everything on my account. I went over with her that I had completed a loan modification with XXXX XXXX XXXX the terms of the modification, as well as that I had made XXXX payment to XXXX XXXX XXXX. She verified that there was loan modification documentation sent over and that told me that it will take about 60 days for them to process everything and to reflect on my account. I told her that I am trying to make my XXXX payment on their website, but that it says it can not accept payments from me at this time. She told me not to make any payments until they go through my loan modification and adjust my account. I was not ok with that, my mortgage has always been paid on time and I told her that I would just send it to XXXX XXXX XXXX then if she couldnt make it to where I could make the payment. That is exactly what I did. Why are they allowed to refuse payment in the first place? As of this day, I am still not allowed to make a payment on their website, so I have to use my banks Bill Pay to make my payments. I then brought up about my XXXX payment, in which she stated I never paid. I explained to her that I did pay it and that she needed to tell me what happened to that payment since I no longer had access to XXXX XXXX XXXX. She said, she found that XXXX XXXX XXXX applied my payment in addition to some unapplied funds to XXXX XXXX payment ( the first month of forbearance. ) I told her that doesnt work and it needs to be corrected, but that I understand that may be difficult to do until Mr. Cooper straightened out my account with the modification. So, the conversation basically came down to wait 60 days and itll all be good. I received a follow-up call the following week checking in and reiterating that it will take up to 60 days. I received weekly or bi weekly calls for the most part through the beginning part of XXXX basically telling me nothing new that we were still waiting for the paperwork to be completed. On the last call, I advised the caller that I could now see when I log in online that it appears Mr. Cooper was processing the modification. This was the last check in I received. 

Between the beginning of XXXX and the XX/XX/XXXX, my online account went from processing a modification to disappearing, and then starting all over again. I have seen this happen online at least 4 or 5 times since the beginning of XXXX. 

On XX/XX/XXXX or so I noticed when I logged in online that my account stated on the front page my mortgage modification had been denied without stating anything further. The following day I called and spoke to a representative about the issue. I had asked why its saying my modification was denied when it was 100 % completed with XXXX XXXX XXXX. She had stated that it appeared that it was because the other person ( my ex-wife ) didnt sign the notary page. I explained to her that she was not required to sign per the contract being that we had been divorced and there was a quit claim deed processed many years ago and the documentation states only my signature is required. I informed her that all the pertinent information regarding my divorce and quit claim were provided to XXXX XXXX XXXX and asked if they had all that information. She had attempted several times to justify Mr. Coopers position by saying that it doesnt work that way and that my ex-wife is required to sign the paperwork as well ; that the mortgage holder doesnt allow that. She also told me that my paperwork was not submitted on time, and once again I explained that XXXX XXXX XXXX had sent me a new set of documents with only my name on the notary page after receiving my original paperwork. She was not listening or researching my claims at all and just kept reiterating that its not legal to have only my signature on the paperwork. The call was then escalated to XXXX ( unknown last name ). Basically this conversation went the same way with me being told the same things. But I was also told that I didnt pay the XXXX payment. I told her that I did in fact pay the XXXX payment in full but that Mr. Cooper had put those funds in unapplied funds being that my modified payment is less than what they have as required monthly payment. That seemed to go just as well as everything else with it being insisted that I didnt pay XXXX. The conversation ended with that she was going to have my paperwork reviewed and she would update me weekly. This conversation lasted an hour and 10 minutes. The notice of modification withdraw is attached as Document # 6, which I received a day or two later. I received weekly updates for the next 3 weeks delivering no new information except that we were still waiting for review. I would like to add that as of this date, this loan modification withdrawal was the first correspondence regarding my mortgage modification that I had ever received. I never received anything requesting information, any documents needing to be corrected, nothing. I had never even received anything in writing acknowledging they had my modification or were working on it or anything. My understanding is Mr. Cooper is expected to review and complete my modification review within 30 days of transfer and notify me of such. This never happened. 

On XX/XX/XXXX or so I noticed when I logged in that my home page told me that my modification was approved. However, when I pulled up the correspondence letter, I realized Mr. Cooper had initiated and sent out paperwork for an entirely new and different terms modification for me to complete. I was not happy, instead of reviewing my paperwork already completed, submitted, and finalized, they wrote up an entirely new modification with less favorable terms ( this modification included a partial claim, whereas my original didnt. This was something I find favorable, I didnt want a lien. ) On XX/XX/XXXX, I received a call from a representative I havent talked to before. This is the first call I have ever received from someone that wasnt due to my initiation. She said she was calling because she heard I had some issues with the loan modification. So, once again I repeated my concerns regarding the already completed modification, being sent an entirely different and new modification, not being given a straight answer on what is wrong with my completed modification for 5 months, and the incorrect and misleading information I have been told throughout the entire time working with Mr. Cooper. She told me she reviewed all the documentation XXXX XXXX XXXXXXXX sent over and she also tried to say that my ex-wife was required to sign the paperwork, and that the paperwork was turned in late, that my notary didnt properly stamp the document ( she said only half the stamp was present, which document # 5 uploaded clearly shows a proper stamping, this was the first I had heard of this issue ). I told her I have documentation with proper stamps and if hers doesnt show that its an error on XXXX XXXX XXXX scanning of the document and she should contact them. I told her that the documentation does in fact only require my signature and asked her if she read the modification agreement in full that I had signed. Her response was Well, no. There a whole lot of words in there, I havent read it all. I couldnt believe she called telling me she reviewed the documentation, and didnt even read it but thought she was going to explain away the documents. I told her that if she read the documentation, that she would see that I was in fact correct. She was fairly upset and irritated that I would not accept what she was telling me. The conversation ended with her telling me she was going to read all the documentation XXXX XXXX XXXXXXXX sent over and will call me back. I never heard from her again. The call lasted 9 minutes. 

I received the new loan modification paperwork on XX/XX/XXXX. I have attached this as Document # 7. Please note section 4a in the Document that states my ex does not sign the paperwork. A similar statement which was included in the original XXXX XXXX XXXX modification agreement ( Document # 5 Section 4B. ) Note that in the Notice of Withdrawal ( Document # 6 ), my ex-wife not signing the modification, and documents not returned on time ( which is proven otherwise in Document # 2 & # 4 ) was the entire reason Mr. Cooper says it isnt valid. I also want to point out that there is no listed way to appeal this decision or anything. That doesnt seem right. 

On XX/XX/XXXX, I received a call from XXXX XXXX. It was clear from the beginning of this conversation that its only intention was to shut me down. Upon bringing up everything I have pointed out since XX/XX/XXXX and repeating it all over ( because it doesnt appear that anyone knows what my issues are, I seem to have to repeat these every time a new person calls ). I was basically told that the reason my modification was rejected was because XXXX XXXXXXXX XXXX didnt reconcile my account to a XXXX balance owed before it was transferred. So it is all XXXX  XXXX XXXX fault and also because my ex-wife didnt sign the paperwork. However, XXXX XXXX told me to submit my divorce decree and quit claim with my new modification paperwork and only my signature will need to be on it. But thats why my completed modification was denied, strange. Upon refuting the claims, I was basically given a hard this is how it is and nothing is going to change. XXXX XXXX attempted to place blame on me for not taking care of this sooner and for being behind in my mortgage. He tried to insist that Mr. Cooper did everything they should and its not their problem or fault. He also threatened, Well if I were you I would sign those documents as soon as possible. Your already over 120 days past due now and you know, a house is a large asset you dont want to loose. This is pretty much how he ended the conversation, and I ended it by stating that I cant sign the paperwork without investigating the lawfulness of their claims that what was already completed isnt valid. 

In conclusion, it is apparent that I did my due diligence in working with and being patient with Mr. Cooper. The fact that I had to spend countless hours and days attempting to get information and to try and correct the faults of Mr. Coopers processes and procedures to end up here writing this dispute and gathering information for 3 days is absurd. The lies I was given, misleading me, not addressing issues or concerns I bring to their attention, and consistently having no answers to my questions or problems for almost 5 months is unacceptable. And then to be told all the work I had done was for nothing and I have to start over again? Mr. Cooper has never even asked for any documentation they are missing either. Mr. Cooper never handled or notified my regarding receipt, review, or that they have 30 days to complete the review of my modification with XXXX XXXX XXXXXXXX. I have made my required modified payments every month since my modification agreement on these dates : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. These payments have all been misapplied. I have repeatedly brought up the XX/XX/XXXX payment to multiple people and the error that has occurred with that payment from my first contact with Mr. Cooper and no one has done anything about it. I have attached an escrow review ( Document # 8 ) completed a few days after Mr. Cooper sent me modification paperwork. This document states that my new escrow payment will be {XXXX}. However the modification paperwork they sent just a day beforehand says my new escrow payment will be {XXXX}. So which is it? How am I supposed to make sense or trust what Mr. Cooper sends me, tells me, or what they tell me is right or wrong? I have never had issues with my mortgage servicer prior to Mr. Cooper. And now that this loan was transferred beyond the control of me, everything seems to be an issue and nothing seems to ever get fixed. I was led to believe that my modification was complete and good to go by Mr. Coopers actions and inactions for 5 months. I paid according to this modification for 5 months with the understanding that is what I needed to do. 


I feel Mr. Cooper has failed to abide by the following areas of Chapter X as well as the below referenced areas in the Case of CFPB XXXX Nationstar XXXX Mr. Cooper at minimum. 

XXXX XXXX Failing to identify service transferred loans in existing trial modifications or transferred loans in the middle of the modification process, resulting in borrowers receiving permanent loan modifications only after unwarranted delays or being wrongfully denied for permanent modifications ; This is obvious, Mr. Cooper failed to identify and properly process information regarding my loan modification that was completed with XXXX XXXX  XXXX. Caused unnecessary delays and then wrongfully denied my permanent modification 5 month later. 


Implement policies and procedures designed to comply with the requirement in section 1024.38 of Regulation X to have policies and procedures reasonably designed to facilitate transfers of information during servicing transfers ; The transfers of information is still an issue here. Had Mr. Cooper done their due diligence and ensured they had all the proper documentation ; especially after me repeatedly questioning if they have certain documents associated with the modification and giving them information of documents I had submitted to XXXX XXXX XXXX and they failed to retrieve. Also, I believe Mr. Cooper is supposed to obtain missing documents submitted to the prior lender and not require the borrower to resubmit them. Mr. Cooper is asking me to resubmit divorce, marriage, and quit claim documents already provided to XXXX XXXX XXXXXXXX and have been consistently told this. 

61. In numerous instances, Defendants actions caused or were likely to cause substantial injury to borrowers. These borrowers were negatively impacted by Defendants transfer-process failures, which, among other things, caused significant delays in converting trial modifications to permanent ones. Delays in converting the modifications from trial to permanent resulted in prolonged delinquency, and related additional interest payments and fees to borrowers, as well as added emotional stress. 

While we arent talking about a trial to permanent modification here, I think this issue is still very valid in my situation and appears to still be problematic for Mr. Cooper to cure even over a year later. Oh, but wait. It was longer than that because Mr. Cooper had plenty of opportunity prior to the settlement of this case to cure. 

62. Borrowers could not reasonably avoid the injuries they suffered. Borrowers could reasonably expect that the agreements they entered into with their prior servicers would be honored by any subsequent servicer. They would have had no indication that Defendant would fail to perform as required under their modification agreements. And, in any event, borrowers lacked the ability to select another mortgage servicer. 

I feel this is a big deal. It was my understanding that my modification was complete and there was nothing more that I needed to do for it. I spent 5 months being told I was just waiting for Mr. Cooper to process my paperwork. I spent 5 months believing that the payments I was making were required and of the proper amount. 


12 CFR 1024.41 ( k ) ( 3 ) Complete loss mitigation applications pending at transfer. If a transferee servicer acquires the servicing of a mortgage loan for which a complete loss mitigation application is pending as of the transfer date, the transferee servicer must comply with the applicable requirements of paragraphs ( c ) ( 1 ) and ( 4 ) of this section within 30 days of the transfer date.

Mr. Cooper failed to meet their requirements within 30 days of the transfer date.

12 CFR 1024.41 ( k ) ( 5 ) Pending loss mitigation offers. A transfer does not affect a borrower 's ability to accept or reject a loss mitigation option offered under paragraph ( c ) or ( h ) of this section. If a transferee servicer acquires the servicing of a mortgage loan for which the borrower 's time period under paragraph ( e ) or ( h ) of this section for accepting or rejecting a loss mitigation option offered by the transferor servicer has not expired as of the transfer date, the transferee servicer must allow the borrower to accept or reject the offer during the unexpired balance of the applicable time period. 

My documentation was signed prior to the transfer date and the due date was XX/XX/XXXX. Though technically I feel that the I accepted the loss mitigation offer on XX/XX/XXXX when I signed the original paperwork. The fact that XXXX XXXX  XXXX wanted to remove my ex-wife from the Notary page and have me resign it is beyond my control. Either way, I was clearly within the specified time period. 

12 CFR 1024.38 ( b ) ( 1 ) ( ii ) Investigate, respond to, and, as appropriate, make corrections in response to complaints asserted by a borrower ; All my complaints and concerns have been flat out passed on, passed up, or flatly ignored and never investigated by Mr. Cooper. 

12 CFR 1024.38 ( b ) ( 2 ) ( iii ) Provide prompt access to all documents and information submitted by a borrower in connection with a loss mitigation option to servicer personnel that are assigned to assist the borrower pursuant to 1024.40 ; Its obvious that while people may have had access to documentation, they didnt know what they were looking at, or looking for, or even able to tell me if everything they should have was there. I had asked multiple people multiple times to ensure that Mr. Cooper had things such as my divorce decree, quit claim deed, the second set of documents I signed with XXXX  XXXX XXXX. Nobody could answer these questions. And none were ever able to tell current status or information on what was going on with my modification. 

12 CFR 1024.38 ( b ) ( 3 ) ( iii ) Facilitate the sharing of accurate and current information regarding the status of any evaluation of a borrower 's loss mitigation application and the status of any foreclosure proceeding among appropriate servicer personnel, including any personnel assigned to a borrower 's mortgage loan account as described in 1024.40, and appropriate service provider personnel, including service provider personnel responsible for handling foreclosure proceedings. 

This is fairly close to ( b ) ( 2 ) ( iii ) so we will stick with the same reasoning.

12 CFR 1024.38 ( b ) ( 4 ) ( ii ) As a transferee servicer, identify necessary documents or information that may not have been transferred by a transferor servicer and obtain such documents from the transferor servicer. 

This is a huge one. Obviously Mr. Cooper was missing something or didnt have knowledge of something that XXXX XXXX XXXXXXXX has that was needed to ensure my paperwork was complete. Despite the fact that I had repeatedly brought this to their attention that certain things XXXX XXXX  XXXX has that I felt Mr. Cooper must be missing. 

12 CFR 1024.40 ( b ) ( 1 ) ( iii ) The status of any loss mitigation application that the borrower has submitted to the servicer ; This was a huge fail. Nobody could give me the status at any point. This is very frustrating. Every person seemed to tell me different things, different reasons, and never seemed to have any status of anything to give to me.

12 CFR 1024.40 ( b ) ( 2 ) ( ii ) All written information the borrower has provided to the servicer, and if applicable, to prior servicers, in connection with a loss mitigation application ; Obviously they were not able to retrieve all information and didnt attempt to make sure they could. And again, it doesnt appear they know how and how to interpret what they are looking at to be of any help. 

12 CFR 1024.40 ( b ) ( 4 ) Provide a delinquent borrower with information about the procedures for submitting a notice of error pursuant to 1024.35 or an information request pursuant to 1024.36.

Out of all the people I talked to, out of all the problems I brought up, and the concerns I brought to everyones attention. Never was I informed of these procedures. I would have used them had I known. I did however learn about them through needing to write this dispute. 


Attached Documents : Document # 1 : XXXX XXXX XXXX Document showing the Date the Modification offer ( the first signing ) must be sent in. 
Document # 2 : XXXX  receipt for 1st set of XXXX XXXX XXXXXXXX Modification documents being sent. 
Document # 3 : XXXX XXXXXXXX XXXX Document showing the Date the Modification offer ( the second signing ) must be sent in. 
Document # 4 : XXXX  receipt for 2nd set of XXXX XXXX XXXX Modification documents being sent. 
Document # 5 : Finalized Loan Modification paperwork with XXXX XXXX XXXX Document # 6 : Notice of Withdrawal of Modification Document # 7 : Mr. Cooper Modification offer Document # 8 : Escrow Adjustment

Company response to consumer: Closed with explanation