Consumer complaint received 2015-05-03
Company: NATIONSTAR MORTGAGE LLC
State: MI
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I am the sole heir and the personal representative of my late sister 's estate since XX/XX/XXXX. 
Probate is closing in a few weeks. 
All mortgage payments were made to XXXX 100 % on time. 
XXXX XXXX XXXX sold my mortgage to Nationstar, effective XX/XX/XXXX. 
I began contacting Nationstar on or around XXXX XXXX XXXX regarding XXXX concerns 1 ) requesting an Assumption Package to take over the mortgage, and 2 ) Payment of {$8000.00} that XXXX had in escrow, owed to my contractor for a XXXX hail damage claim in XX/XX/XXXX, in which all work was completed. 
The Nationstar representative assured me repeatedly that all previous documentation with XXXX is " being boarded '' and to " wait another week '' before Nationstar could see that I was the legal representative for the mortgage. Apparently my identity and authorization to speak about my mortgage was not so critical that the representative volunteered information that my mortgage was " unassumable '', ( in other words, the representative is hinting that they will try and enforce their " due on sale '' clause ). and that I should consider re-financing, before she caught herself and said she was saying too much without verifying that I was authorized to speak about the mortgage. She also gave me my new Nationstar loan number, which I used to register on their website and make payments. 
A bank 's " due- on-sale '' clause CAN NOT be enforced when a direct, sole heir is occupying a home. { XXXX. Germain Depository Institutions Regulation Act,XX/XX/XXXX }. 
I made several more phone calls to point out this legal provision to Nationstar, without success, and finally reached " XXXX '' who told me she asked her boss who is familiar with the GSDIRA XX/XX/XXXX provision and told me she would send me an Assumption Package. Again, no concern about proofs that I was a fiduciary on the mortgage. 
I received an email from " The Research Dept '' at Nationstar this same week, requesting my sister 's death certificate and my fiduciary Letter of Authority from the XXXX XXXX XXXX XXXX XXXX MI. Called again on XX/XX/XXXX to see if Nationstar had loaded XXXX 's documents related to my mortgage, and was again told that " some '' of my information had " boarded '' to their system, but not all of it, and to wait. 
Called again XX/XX/XXXX and was advised that without faxing my sister 's death certificate and my letter of authority, they would not talk to me. They wasted a week of precious time telling me to wait until my information was " boarded '', now this. 
I faxed the death certificate and XXXX XXXX MI Letter of Authority on XX/XX/XXXX. 

I made a full mortgage payment for XX/XX/XXXX on the Nationstar website, which posted to only my principle, and under payment history, it stated " no payments during this period. '' I made another full mortgage payment XXXX days later, again posted only to my principle, showing no credit toward actually paying the mortgage. 
I am asking the CFPB to intercede on my behalf, requesting that Nationstar 1 ) Acknowledge the XXXX Germain Depository Institutions Regulation Act XX/XX/XXXX provision for sole heirs who occupy a home that is mortgaged, and send me an assumption package. They can not enforce a due-on-sale clause. 
2 ) Correctly post my payments to the mortgage, without delay.

Company response to consumer: Closed with explanation