Consumer complaint received 2017-11-29
Company: NATIONSTAR MORTGAGE LLC
State: NM
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
This complaint is filed by XXXX XXXX XXXX XXXX, to whom Mr Cooper, is suing for foreclosure and demands by service a default judgement without first serving a complaint where it states WHAT IS THE CLAIM AGAINST ME. Your attorney wants to get XXXX from me for work you ordered him to do as your client, and wants to take my house away!!!!!!!!!!!!!!!!!!!! 
Looks like your attorney who represents mr cooper wants me to pay for fees that your bank should pay and want about XXXX $ for work performed on the loan that you have with the XXXX 's. It looks like he SENT HIPPA protected information about my finances that i sent to your bank upon request, see attached letter, to a post office box that belongs to XXXX XXXX XXXX and XXXX XXXX. I NEVER gave permission for rthis attorney to send non public information about my finances to this people. The XXXX 's are saying they have never been in foodstamps and that they did never apply for a forebearance or modification with you Nationstar/Mr Cooper and that they want the house to go to  foreclosure and not be liable for a penny and that they can not pay you anything. they do not have money for an ice cream and that all the cash is tied into their residence, at XXXX XXXX that the money in Florida should not have to do with any money in NM. 
They are your mortgagors, not related to me in any way. I t looks that XXXX XXXX sent the financial documents I provided to the XXXX 's to their post office box. Well the damage is DONE. you already sent those there without my written consent or oral permission. 
I am going to have to pursue the matter against XXXX XXXX since he is on top of that SUING me for fees that Mr Cooper should have paid to evaluate my request for assumption and modification. 

The XXXX 's do not want to cooperate any more because the bank toook toooooo long in approving the modification and assumption/ Did the bank do the bpo appraisal of the house would have found out the property is no more valuable than XXXX if that it is a 3 br 2 bth 2 car garage 1500 sq ft home in a 30yr old  neighborhood, dilapidated and XXXX XXXX , my mother, a senior rehab the house for living since it need roof, floor ac heater windows, water heater, etc WE bought the house in XX/XX/XXXX as a land contract and got title insurance. 
The mortgagors XXXX 's failed to keep the mortgage balance up to date. the payments sent until XX/XX/XXXX and some you seized as bank, Mr Cooper bank got them were received and cashed, the rest are missing I was told We want to assume a market value loan on the house since we have already XXXX in repairs into it, and need to be paid back along with the XXXX in cash payments since XX/XX/XXXX plus the deposit. According to the SAFE act provisions that also include residential dweling land contracts, if the seller the XXXX 's have sold either as a corporation ( XXXX XXXX and XXXX XXXX XXXX as registered in Florida ) or as individuals ( XXXX XXXX and XXXX XXXX ) have flipped more than 3 properties, in ayear, which they did in XX/XX/XXXX,  the REC stands to no recall and no ballon. As such it is active. 
The mortgage failed due to the neglect of the seller to keep up to date, yet the seller, mortgagor I learned have flipped properties to amass around XXXX of cash that was put in a ( subject to full control and veil piercing ) XXXX that bought the XXXX XXXX property that the mortgagor lives in, and then the XXXX gifted that title to the two XXXX directors. XXXX and XXXX. 
Where this is relevant is because there is not enough money to keep the mortgage currrent in the possession of the escrow company and not enough money came back to NM from Florida. 
so the property is in NM, the money may be converted into land in florida. 
Again, the money here belongs to XXXX XXXX who is not in the mortgage and is social security funds that are protected by an act in NM that protects XXXX and older persons and social security funds from financial abuse by bank and entitites. As such, those will be protected to the fullest extent in NM by the latest Governor 's Act. The property does not seem to be claim homestead in Florida where the XXXX 's live and I do not think they have a loan in it or not for more than XXXX and their home is worth XXXX according to XXXX. The XXXX 's your mortgagors are NOT going to sell in Florida a superior property to pay you back what they owe you. They want it to go to foreclosure so they do not have to pay you back, Mr Cooper I paid I repaired the home, I am willing to work with the bank, and assume a loan that is commensurate with the market value of the home and current rate. 
In the event we can not work out a loan modification, we demand credit for the repairs and all the money back of the social security funds and down payment due to fraud in the contract if there is no workout. That puts a XXXX lien on the property, for social security funds incorrectly intercepted for loan payments for the XXXX 's, which is more than the cash value of this home today. 
I realize the bank may have more money on the. house than the house is worth, however, that is something that should be addressed with the XXXX 's as they did not fulfill their side of the contract, ( REC land contract ) as they were represented by counsel who coincidentally is the drafter of the contract, and withdrew representation in court this past XX/XX/XXXX, but was representing them for all this years where neither XXXX nor I, had privity of your mortgage balance and any defaults thereof We were relying on the offer of modification AND assumption that was extended to us. My mother helped me since I was unable to work and XXXX and care for XXXX children on welfare. Payments were made in hope to get a estimate on the modification/assumption and those need to be returned, we are talking about years in payments, jsut from Mr Cooper, let alone XXXX XXXX XXXX. 
The house is not worth more than XXXX. and Mr Cooper according to the response I attach, wants their debt to be paid current and the balance is XXXX or so since I just got information from Mr Cooper that neither XXXX nor XXXX knew before CFPB was involved. 
The house will NOT appraise for XXXX. Does the bank have a BPO or value that XXXX deems that house is worth XXXX, loan that Mr Cooper demands to keep current to do an " assumption ''?. I was told no more than XXXX Is Mr Cooper wanting to get paid 160 % of the appraised value of the home in order to fulfill their promise of assumption? 
Or they are talking about a reasonable option besides getting much less at the court steps XXXX or so by some investor who will then push the family to the street for profit and then flip it for what this family is wanting to pay by the assumption MODIFICATION. 
WHAT WE ARE ASKING IS TO GIVE US A PRICE OF THE HOUSE THAT IS CONMENSURATE WITH A LOAN ASSUMPTION/MODIFICATION FOR CURRENT VALUE IT appears that the XXXX 's  have modified or forebear the loan making it over the amount that the REC shows as the wrapped mortgage, in that case, the real debtor of the money you are chasing who needs to have a 1099 are the XXXX 's. 
I have no information as to what happened with the XXXX XXXX XXXX loan that was supposed to be a payment of XXXX a month, according to Mr Cooper the payment is XXXX a month, that is not what the contract we have, the land contract says, in that case there is FRAUD somewhere, My mother is due over XXXX in repairs, deposits, payments if the contract was fraudulent, and Mr Cooper can not get paid from XXXX 's social security funds, and recouperate 160 % of what the house is worth, can you provide a current value of the home? 
Part of that money is in possession of Mr Cooper, part of the money is in possession of the XXXX 's and part is at XXXX XXXX. 
my mother XXXX is a senior and her social security funds should not be part of your profit/loss for her to have a negative amortization Since XX/XX/XXXX all XXXX XXXX 's money in savings with the trust, is MORE than the house is worth, can you work out a equitable fair agreement that is commensurate to market value for a workout? Any 1099 or lawsuit for deficiency should be on the XXXX 's and it may sit on their paid off home in florida forever ... as their responsibility. 
The mortgagor 's address is a matter of court record, in XXXX XXXX florida, if the mortgagors had money to flip properties, condos in florida, how come they neglected their obligation to pay the mortgage, I can not tell if there is conversion of funds, but I do not want to think you rather recover from a senior in NM that is not part of the loan, and demand she pays XXXX to make the loan current for a property valued at XXXX RATHER than getting the money from the debtor in Florida. Is it that FL has tougher homestead exceptions and protections than NM. Well, NM has an act protecting from economical abuse for seniors and XXXX especially dealing with social security funds, Please understand that there is no malpheasance in our part. The disconnect maybe that the attention of your mortgagors was on flipping houses cash in XX/XX/XXXX and ongoing rather than keeping up with the debt. I thought they were destitute and that is what it was purported to me so I paid all closing costs, all of it, and found out they bought a condo cash in Florida or several of them. 
Honor the assumption/modification offer as stated 2 years ago. That includes a market reserach/bpo/appraisal mls etc on the real market value of the home, ddeduct or give credit for the remodelling to XXXX XXXX since the delaipidated home would not have been worth XXXX. As such it will be better maybe XXXX I am guessing, Give the 1099 to the poeple who caused the problem, the mortgagors, and workout a modification with XXXX  so you can get paid what you the bank would get otherwise as a foreclosure, flip investment property In fact selling to a homeowner, my kids and I with the help of my mother, would be a better option for the neighborhood, will keep the investment on remodelling etc out of court and in the house of the people who remodelled the house. And the bank will get paid more than selling in the courtsteps. 
Give us a proposal of modification AND assumption. You are not going to get SQUAT from the XXXX 's  they put all their cash in the present home, all XXXX of it and the property is worth more than XXXX they are not going to sell their XXXX XXXX residence to pay you, the put a small lien of XXXX, and you are not going to succeed in recovering the funds without an order to sell that land in FL Selling XXXX will not make your loan whole either.

Company response to consumer: Closed with explanation