Consumer complaint received 2017-12-07
Company: NATIONSTAR MORTGAGE LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
The fraudulent documents we were given by servicers prove that XXXX XXXX XXXX XXXX ( XXXX XXXX ) has illegally claimed ownership of the note and deed of trust for our home as Trustee for XXXX XXXX Mortgage Loan Trust. The evidence shows that this trust was terminated/dissolved with bailout of XXXX in XX/XX/XXXX and therefore XXXX XXXX can not be a trustee for a non-existent trust. The evidence also shows that fraudulent and forged loan application, promissory notes, and deed of assignment proves that XXXX XXXX does not legally own our note and deed of trust. 

We had a lower interest rate and mortgage prior to the predatory refinancing of our loan in XX/XX/XXXX with XXXX XXXX XXXX, XXXX ( XXXX ). It was never disclosed to us that XXXX was a nominal lender and did not fund the loan. It was never disclosed that yield spread premium ( YSP ) fee was paid to XXXX and possibly other entities to place us in higher interest rate loan. We were never given notice that our loan was sold to XXXX XXXX or any other lender. The copies of promissory notes we were given by XXXX XXXX XXXX ( Nationstar ), alleged servicer, have no endorsement to XXXX XXXX. Documents in our possessions identify entities other than XXXX XXXX as the owner of note and deed of trust. Despite our repeated requests, XXXX XXXX and agents have refused to provide documentation validating that XXXX XXXX is the legal owner of the note and deed of trust for our home. 

In XX/XX/XXXX, while attempting foreclosure, attorney for XXXX XXXX XXXX XXXX ( XXXX ), XXXX XXXX, XXXX. and XXXX XXXX. XXXX, XXXX, gave us a Lost Note affidavit ( copy attached ). The copy of the note we were given had no endorsements. Since late XX/XX/XXXX, alleged servicers XXXX XXXX XXXX ( XXXX ) and Nationstar provided us with a second copy of the note on which my signature and endorsements were forged. We were also given copies of two fake loan applications one without signature and the other with my forged signature. We therefore have in our possession a total of three copies of our loan application where the one is authenticate and the other two fakes. We have attached these documents. 

Nationstar has told us that XXXX XXXX authorized it to collect mortgage payments from us and foreclose on our home through XXXX XXXX XXXX ( XXXX ) and XXXX XXXX XXXX. Despite our repeated Qualified Written Requests and letters disputing XXXX XXXX ownership and two notices of rescission, Nationstar and its agents have persisted in illegal collection and foreclosure attempts on behalf of XXXX XXXX. Attached is document showing court action in bankruptcy court in name of XXXX XXXX. 

In addition to the fraudulent forged documents that discredit Nationstars claim of XXXX XXXX ownership of the note and deed of trust, in XX/XX/XXXX XXXX XXXX  responded to our rescission notice by denying ownership of the note, mortgage and any affiliation with Nationstar. XXXX XXXX therefore disclaimed authority and responsibility to take any action on our notice of rescission and Nationstar and its agents ( XXXX and alter ego XXXX XXXX ) did not take any action either. Our rescission was therefore effective and note and deed of trust void as of receipt of the notices if no declaratory action was 20 days after receipt of notice. See attached copies of notices. 

XXXX XXXX lawyer, XXXX, also forged another copy of the note sometime around XX/XX/XXXX. We know this for a fact because while reviewing the alleged original note on that day the ink of the signature alleged to be mine began to smudge/smear. Despite our repeated requests for explanation, we were provided with no explanation as to how or why a signature that was written with a ballpoint pen almost 12 years before would smudge. We therefore filed a forgery complaint ( XXXX ) against Nationstar/XXXX with XXXX XXXX Police Department ( MCPD ). We have attached relevant documents. Nationstar disregarded the criminal complaint against it and moved forward with the foreclosure scheduled for XX/XX/XXXX. 

The evidence we have proves that we do not owe XXXX XXXX. The evidence also proves that we were forced into an alleged default by then servicer ( XXXX XXXX XXXX ) but we are not in default of a debt owed XXXX XXXX. On XX/XX/XXXX, w e sent XXXX XXXX and its agents a cease and desist letter requesting accounting documents to validate their claim of debt and ownership but we received no response. Copy of the cease and desist letter was also sent to CFPB and is again attached here. 

If in response to CFPB, XXXX XXXX now contradicts its letter denying ownership of our note, deed of trust and affiliation with Nationstar, then aims ownership of our note and deed of trust it would be in violation of numerous state and federal laws relative to fraudulent and illegal claims, collection, and foreclosure attempts against us. XXXX XXXX  and its agents ( Nationstar, XXXX and XXXX XXXX ) should not be allowed to illegally foreclose on our home using all fraudulent and forged mortgage documents ( loan application, note and deed of trust ). We are not trying to get a free house but neither should XXXX XXXX under the guise of being trustee for a dissolved trust and using fraudulent and forged documents. 

It is important to inform CFPB that in the seven years after buying our home we invested more than {$260000.00} in mortgage payments down payment of {$42000.00} ). The fraud and illegal collection activities by XXXX XXXX and agents have damaged my husband and my excellent credit, which caused me to be unemployable for almost XXXX years. Our incomes are lower because of damage to our credit and I risk losing my current job as a XXXX XXXX XXXX because XXXX XXXX and its agents forced me into filing bankruptcy to defend against its fraudulent attempt to foreclosure on our home. Like thousands of others preyed upon by these thieving entities, we simply want CFPB to investigate this matter to determine the true lender of the alleged loan taken on our home, if any.

Company response to consumer: Closed with explanation