Consumer complaint received 2022-10-20
Company: Mr. Cooper Group Inc.
State: FL
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
In reference to XXXX XXXX XXXX XXXX FL XXXX.Fair Debt Collection Practices Act ( FDCPA ) 15 U.S. Code 1692g guarantees that the consumer has the right to know who payments were being collected for and where the payments were being applied. If Nationstar Mortgage LLC was a servicer collecting payments for the owner of a debt obligation, the consumer has the right to know who the owner of the debt obligation is and furthermore, Nationstar Mortgage LLC has contradicted itself by stating Nationstar Mortgage LLC is the holder of the note and mortgage. The holder of the note and mortgage is the OWNER of the note and mortgage. Nationstar Mortgage is not the owner of the note or mortgage and claims to be the owner and the servicer. 


Nationstar Mortgage LLC employee, XXXX XXXX, answered a previous complaint ON XX/XX/XXXX and stated During our review of the account, Mr. Cooper found no evidence of fraud or unethical behavior with regard to the servicing of this account. The subject mortgage loan and related documents were reviewed and deemed compliant with all applicable state and federal guidelines. Therefore, we refute all related allegations and will continue to service the mortgage loan according to its status. WHO was Nationstar Mortgage servicing the account for? 

XXXX XXXX goes on to state The billing statement will reflect the current amount due on the loan and will also provide a breakdown of any fees assessed, including any lender paid expenses or corporate advance fees. WHO IS THE LENDER? 

XXXX XXXX further states Your correspondence mentioned the XXXX XXXX XXXX XXXX ( XXXX  ) .As you can confirm by the executed Note and Mortgage, at origination of the loan you agreed to designate XXXX  as a nominee on the loan. Please be advised that XXXX, did not have any servicing duties towards this loan, but only acted in its function as nominee. In that function, the duties of XXXX  included tracking ownership and servicing rights to the loan. XXXX  did not affect validity, ownership of the loan, or standing of a servicer to foreclose, but merely tracked its ownership. Moreover, any assignments issued by XXXX  remain valid. Please refer to the assignments attached to review XXXX  transactions on this loan. Upon receipt of this correspondence, the above-mentioned loan and related documents were reviewed and found to comply with all state and federal guidelines that regulate them. As such, the abovementioned loan account will continue to be serviced appropriate to its status. The original ( and only Mortgage & note ) are not associated with XXXX. XXXX  is not a nominee, and is not found anywhere on the original mortgage or note and was not designated as a nominee by the owners of the property. The document speaks for itself and proves that Nationstar Mortgage, LLC has zero knowledge of the original mortgage or note. The original XXXX mortgage associated with the above property loan number XXXX was assigned to XXXX XXXX XXXX XXXX XXXX with XXXX XXXX  XXXX being the assignor and XXXX XXXX XXXX XXXX XXXX being the assignee recorded in the XXXX county official land records INSTRUMENT # XXXX Book XXXX Page XXXX. 
Nationstar Mortgage LLC DID NOT follow state and federal guidelines while collecting payments because nationstar mortgage llc was collecting payments for a non existent party. WHO OWNS THE MORTGAGE AND THE NOTE? WHO WAS NATIONSTAR MORTGAGE LLC COLLECTING PAYMENTS FOR? WHERE WERE PAYMENTS BEING SENT? PAYMENTS SHOULD HAVE BEEN SENT TO THE OWNER OF THE MORTGAGE AND NOTE. 


XXXX XXXX also states The correspondence you sent in has no legal validity and as such is in a form that is not reasonably understandable. Therefore, your correspondence is not a valid request under Real Estate Settlement Procedures Act ( RESPA ) 12 CFR 1024.35 and 1024.36, or the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S. Code 1692g. Nationstar is the holder of the Note and Mortgage and as such can enforce all rights under those documents. These rights include the rights to collect payments, assess fees and charges, and proceed with foreclosure. As such, we will continue to service the loan according to its status and will report the invalid documents received to the appropriate authorities. This is a false fictitious and fraudulent statement & misrepresentation, as Nationstar Mortgage LLC is not the holder of the note or mortgage and has admitted not being the owner of the note or mortgage. What " invalid '' documents are being reported to the authorities? 


A mortgage holder is an individual or entity who owns the mortgage loan that was extended to a homeowner, and is the party entitled to enforce the terms of the mortgage. Nationstar Mortgage LLC is not the owner of the mortgage or the note and therefore, is not the HOLDER of the mortgage or the note.

Nationstar Mortgage LLC is not a holder in due course of the mortgage or the note. Nationstar Mortgage, LLC is not the owner of the mortgage or the note and never has been the owner of the mortgage or the note. UCC Article 9 requires the holder of the mortgage to be the owner of the debt as a condition precedent to enforcement of the mortgage. If the foreclosing party does not own the debt, the foreclosing party does not have the right to enforce the mortgage. This is not an opinion, it is fact. 
Article III of the US Constitution, as defined by the Supreme Court requires that a party has to establish standing, by claiming and proving injury before it can bring a dispute before any state or Federal court. The United States Constitution guarantees that the issue of standing may be raised at any time, even after appeal. ( Article III of the U.S. Constitution ) United States Bankruptcy Court, D. Massachusetts, Bankruptcy No. 10-19903-JNF, Adversary No. 12-1249 ) Nationstar Mortgage LLC can not claim injury occurred because Nationstar Mortgage, LLC has admitted they have never been the owner of the security instrument, or debt obligation, therefore, Nationstar Mortgage LLC DID NOT SUFFER OR PROVE INJURY caused by the homeowner. 
XXXX XXXX, has never been in debt to NATIONSTAR MORTGAGE, LLC. XXXX XXXX has never been in debt to NATIONSTAR MORTGAGE, LLC. NATIONSTAR MORTGAGE, LLC has never owned a mortgage or a note signed by XXXX XXXX or XXXX XXXX. Nationstar Mortgage, LLC has never extended or loaned a line of credit to XXXX XXXX or XXXX XXXX. 
As per Negotiable Instrument Act, 1881, a holder is a party who is entitled in his own name and has legally obtained the possession of the negotiable instrument, i.e. bill, note or cheque, from a party who transferred it, by delivery or endorsement, to recover the amount from the parties liable to meet it. 
WHO DID NATIONSTAR MORTGAGE AQUIRE THE NOTE FROM? 
The party transferring the negotiable instrument should be legally capable. It does not include the someone who finds the lost instrument payable to bearer and the one who is in wrongful possession of the negotiable instrument. 
Mortgage Servicing On occasion, a mortgage servicing company will be retained by the mortgage holder to collect the payments of a mortgage holder ( Mortgage holder is the owner of the mortgage ) This type of relationship is similar to a real estate owner hiring a real estate management company to obtain tenants and collect rent on the property. Like the real estate management company, the mortgage servicing company is only an agent for the mortgage holder, and does not own the mortgage, just like the real estate management company does not own the rental property. Nationstar Mortgage can not be the mortgage holder and the servicer. WHO was Nationstar Mortgage servicing the mortgage for?

Company response to consumer: Closed with explanation