Consumer complaint received 2017-02-21
Company: NATIONSTAR MORTGAGE LLC
State: UT
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
On XXXX XXXX, XXXX we filed for chapter XXXX bankruptcy which included a large number of mortgage payments. In XXXX XXXX, I received a copy of a motion for relief from the automatic stay in the mail. Nationstar mortgage was asserting we were 3 months delinquent. This came as quite a surprise to me as our first post petition payment was due XXXX XXXX and we had made a payment in XXXX and XXXX. There was one payment not made because Nationstar insisted we had a different post petition start date than I thought and that we were ahead by one payment. I contacted Nationstar almost daily from the date in XXXX I received the motion until the first hearing in XXXX on the motion. Each time I talked to them they told me the payments were there in the unapplied funds account and that they were n't being posted because my post petition payment was less than my pre-petition payment and the system was n't recognizing it as a full payment. Each time they said they were forwarding a request to research asking them to apply the payments. I continued making payments and made a payment in XXXX, XXXX ( which cleared first week in XXXX because of the holiday ) and XXXX. The first hearing was continued because Nationstar 's attorney 's had been unable to reach them to discuss the proof of payment I had sent in. A follow up hearing was scheduled with the same result. The hearing was then continued to XXXX XXXX XXXX. At that hearing the attorney for Nationstar stated that they had accounted for all payments but one - which would be the one Nationstar 's reps insisted I did not owe due to my first post-petition payment due date. The hearing was continued yet again for another two weeks. My attorney had stated that if I did n't have evidence of the one remaining payment that we would be able to do an agreed order and make that payment up over 6 months. The next thing I knew, I got a copy of an order in the mail from the Trustee stating my attorney had erroneously withdrawn our objection to the motion to dismiss and the motion had been granted. When I asked my attorney how they planned to correct this error they indicated they would reach out to Nationstar 's attorney and try to get them to work with me. Now, the attorney is coming back stating I owe payments for XXXX XXXX through XXXX XXXX. The payments they had previously acknowledged as received, they are now stating are delinquent again. Nationstar is clearly not applying payments correctly, timely or appropriately. They erroneously filed for the motion for relief when I was never 3 months delinquent and I am now fighting against foreclosure. To add insult to injury, they want me to cure all post petition payments ( which I have already made and provided evidence of, exlusive of one payment ) but also to pay their attorney fees when they never should have filed the motion to begin with and they still seem to be incapable of posting my payments. I am at risk of losing my house when I have made the post petition payments as agreed. I also fail to see how they can require me to pay attorney fees that should have never been incurred in the first place.

Company response to consumer: Closed with explanation