Consumer complaint received 2019-11-01
Company: Mr. Cooper Group Inc.
State: NM
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
My name is XXXX XXXX XXXX, a US citizen at birth, my father is XXXX XXXX XXXX XXXX, was US military veteran with XXXX  XXXX. I was rear ended by a driver on the cell phone. Was XXXX and on a XXXX. Took 2 years to recover. I got a settlement and Mr XXXX helped me with recovering uninsured motorist under my own driver insurance and the claim was paid since the lady was driving uninsured. There were about XXXX recovered after bills and XXXX  to be able to XXXX  XXXX. I applied for XXXX  XXXX  help and since the local XXXX  XXXX  did not accept me for my age ( over XXXX  ) and because my studies were of foreign   origin ( XXXX XXXX XXXX cursed was in XXXX ) so I am out of state temporarily finishing that training as sent by the state of NM. My children live at my house. The bank agreed to a modification and we submitted all the paperwork with the help of XXXX ( who now works at the AG office ) and XXXX. We were missing the quit claim deed that the bank was looking for from the XXXX XXXX in florida to me as requested by the bank. We had no control of the delay in obtaining the quit claim deed first because the ones obligated to the mortgage, XXXX XXXX and XXXX XXXX, had bought and flipped several homes since XXXX that they got a cash out second mortgage on their primary mortgage from XXXX  XXXX. When we found them, they agreed to the QCD and we sent it to the mortgage company. The attorneys said they are no longer interested in doing a modification. then is when the problem started. I was volunteering  at XXXX XXXX XXXX XXXX in exchange of legal fees to help me with a modification. Meanhwhile, I was not earning a paycheck and was using the money from the proceeds to pay the house and to pay XXXX XXXX about 500  a month or so and it accumulated to about 3000  and he wanted more. One day he appeared in court and asked for withdrawal. I was in XXXX. I did not knwo but the judge allowed him to file a lien for modificaton services. it was around 3500  he isstill billing despite I paid with hours worked at his office. I then came about my settlement and when all the money was gone, ( XXXX  minus attorney fees was about 79K, then the attorneys called us for a settlement that we thought was what we were offered, the house free and clear or couple hundred thousand dollars to pay the house off and attorney fees. However, the titl company said that they will use " malicious litigation practices '' so asked for a release of liability. The escrow company that should have about almost 100K since XXXX if it is true that the bank does not have any more money from us, said only has XXXX and at the meeting we were told that if we do not agree to a settlement with XXXX and the title company that we will lose everything. Somehow XXXX stepped out and then my mother 's phone rang, XXXX XXXX, which is NOT the same person as XXXX XXXX, the remodeller in Florida ( LLC ) and said was calling XXXX??? XXXX and XXXX cashed out from XXXX and made the XXXX  house almost XXXX loan and the appraisal when we signed the REC at the title company came at XXXX but was sent to us too late so it was paid outside closing and we did not have that information to walk away from the buying and just lose the XXXX I put down to the house. When I bought the house, apparently the XXXX XXXX got paid my first and second check directly because XXXX XXXX XXXX bought the loan or something so the escrow officer was working on changing the numbers in the HUD1 statements to make them match 3  months after closing. We closed on XX/XX/XXXX. And even then there were problems so in XXXX we were asked by the XXXX XXXX to pay an additional lump sum of XXXX or so or lose it all. So we didl. This is the house where I raised my kids hey live it is my house and not just a piece of investment for someone else. When I got the house as it says on the mls was a handyman special and I had to change windows, roof airconditioner, heater, carpet and repair the plumbing. In XXXX XXXX XXXX had us buy certified funds and I went to XXXX XXXX to buy 3 money orders two for the limit XXXX and one for XXXX. the payment at the time. It went up. Because they were hit and the outside drop box was stolen, and we did not get credit for lost funds, we had to go before they closed at 5 and I was working then so I could not meet that deadline, the office was closed. I went the next day on the 2nd of the month and I got a demand letter from a person by the name XXXX XXXX. I called and met with him for the first time. I was told that he is the one who wrote the real estate contract I had at the closing table. I never met him but he said he represented the seller and is their attorney. I did not like it because I would have liked to have soemone looking after our interest and not be in that situation, nobody told us about this. Also I told him I had paid 1 or 2 extra payments at closing because XXXX XXXX, the escrow officer at XXXX XXXX where we closed in XXXX said we can be ahead, and being XXXX XXXX, I did not want to miss anypayments. So we should be paid ahead not late. XXXX XXXX was someone I had closed regular transactions with as a XXXX  but I did not have much experience with seller financing. He is an attorney so I felt my interests were looked after, after all we had a close business relationship since I sent many purchases for new financing to him to close. I went to court and XXXX XXXX was there as the XXXXXXXX XXXX ( XXXX XXXX XXXX and XXXX XXXX, husband and wife ) were in florida and did not show My mother XXXX XXXX and I were in court. The judge then ordered us to mediation and the XXXX XXXX  paid all court fees and returned some moneys. The escrow company was caught up and no problems they said. I later found out that was not the case because XXXX showed up at the house and told my family that is his house.?? There was a problem about a change in XXXX but the escrow company would not tell me because was " confidential '' /. Was then when I tried to find the XXXX and found out that they flipped properties at least 3 in XXXX and more later and they put the cash into an LLC created just for buying a house cash for the LLC and then giving the house from XXXX XXXX and XXXX XXXX XXXX to XXXX XXXX and XXXX XXXX husband and wife free of charge. If they were destitute as they told us they were in XXXX and they needed to stay in the house 3 extra months from XX/XX/XXXX to XX/XX/XXXX even after closing in XX/XX/XXXX where the property was sold to me, why is that they had money to buy cash all this homes. Anyway, I went to court again and this time they said they want that property to go to foraeclosure, they are sitting in a property valued XXXX and with only a XXXX mortgage by XXXX their partner in business. I was really upset and we went to attorneys and nobody will take the case except for XXXX cash as a retainer. I did not have until I got the settlement from my car accident. the XXXX nor XXXX XXXX nor XXXX XXXX have even been deposed even if I asked my attorneys to do that. they said XXXX can not be touched, XXXX I do not know and the XXXX   would not cooperate. Meanwhile every month XXXX XXXX got the almost 1400 payment for a 34 year old house or older in a neighborhood where the house paymens for similar size homes ( which almost all are similar it is a tract house neighborhood ) is around 900-1000 tops. the bank put forced insurance, XXXX forced us to keep our own insurance too, and the payment went in the 1400s and was unbearable. We rented a room in our house to make up for the repairs, and the hike in the mortgage payment. The XXXX XXXX people drafted the payment directly from my mother 's account in the last years because my money run out. My mother has her own house and put her in a difficult position making 2 house paymens but if we don't XXXX XXXX sent us default letters if we are even 1 day late according to them, since we know we are paid ahead. My mother was overwhelmd with stress, and since the escrow company took three payments in XX/XX/XXXX off my mom 's account and wiped her savings, that was almost 4500 in one month, she was even late for her own mortgage and had trouble not to say her credit was ruined. My mother can not work anymore due to her XXXX XXXX. I am out of state on a grant for school with the state of new mexico XXXX XXXX XXXX ( XXXX XXXX XXXX qualified me and being low income ) and my kids are in school and in XXXX and also working to keep paying the house. the attorney went on a cruise with the office when the 3 payments happened so I asked XXXX to help. and the other attorney XXXX wanted XXXX and I told her that the contract is contingent. She said she can not modify the loan for free, and I understand but I did not have any more money to give them. I had given XXXX for costs per the contract and the fees were contingent upon winning the foreclosure. I was the only one under the contract and the attorney wanted t add my mother too, My mother own house payment is around 1300 a month and she gets social security for around 1800 a month since she retired due to medical condition. She used her life savings because the attorney told us that XXXX XXXX convinced the judge XXXX XXXX XXXX that we have not paid the payments and indeed the last payment was XXXX or XXXX my mother did. After that, the attorneys said the money will be in court and we will settle the money to be divided in a W9 for us and you get XXXX from XXXX XXXX and XXXX from title and release them of liability. I asked to XXXX if we get the titles to free as we spoke he agreed. However XXXX the translator/mediator spoke in XXXX to my mother and I was confused because what she was saying was not what we spoke before and after. So I walked out. XXXX said that I may have a XXXX XXXX or check my XXXX because I didnt negotiate a good deal. I said we were offered the house paid off or abut 200K to pay the house and attorneys fees and that attorneys fees were paid by the bank since it is contingent on winning so the losing party pays. XXXX stepped out and then my mothers phone rang. I answered and it ws her talking to my mother, XXXX XXXX as if it was XXXX XXXX. I said this is XXXX XXXX XXXX and is XXXX phone my mother not XXXX ( the investor in Florida who sold us the house ), she apologized and later returned to the meeting There was talk between XXXX ( the attorneys chose her and XXXX told me we do not have a choice on that ) about titles been obtained. I asked XXXX how she did that so quick and she said because I gave the XXXX a XXXX bucks. I assume it was a joke a very bad one. XXXX showed us a piece of paper with item 4 and 5 and any lettering above it was copied with a blank piece of paper so we could not see he working, but we were assured we will get the house paid by delivering titles to us, that is what the REC says too. After all we have paid for over 10 years and at least after XXXX that mr Cooper filed for foreclosure there are at least 98K almost 100 thousand dollars of cash paid and in escrow by XXXX XXXX. That should even pay off th house. When we got the paperwork, it had a lot more pages and numbers of paragraphs but it did not mention anything about the titles, so I called XXXX and he said that he can add paragraphs to it. I demand to see the titles and reminded him of the letter he sen the bank 3 years ago along those lines and with 50 or 60 thousand more of cash we put into the trust account, that should pay off the house already. He said we need to sign as is. and he needs to see that the attorneys get paid. I asked for the contract and it spells contingent and his costs are less than the XXXX that he has in trust from the car accident settlement. He said that XXXX wanted the money for legal fees. I said that is against the contract. I then realized that he negotiated something that will favor all of them in agreement except my mother and I. My mothers money in trust is to buy the house and I think what they wanted to do is to convert the into a settlement to get paid and let the XXXX take title out of recision or what or the bank get it because maybe they made me take title with not good intentions but to quiet the title because if they would have good intentions, they would have done good the first time that they agreed to modification int he map program. The y also did not do good because I verified that the bank did not leave a title to the house free and clear. I guess they all put their heads together to get a release of liability and take the life savings of a retired XXXX  and put a family ( me and my children in the street ) release and not even ask for XXXX XXXX XXXX XXXX and the sellers/ mortgagors to appear. XXXX XXXX is NOT obligated to the mortgagors XXXX XXXX and XXXX XXXX XXXX loan. XXXX XXXX nor i can be made liable to amodification we have not seen details of. XXXX XXXX nor i can be subject to obligation to accept a settlement we do not agree with. Alawyer can negotiate but not obligate and definately not put their interestes or how they are paid above the client 's interests. And for us, we are not attorneys and all these attorneys including XXXX the retired judge as we were told theywere 4 attorneys at the table drilling us on accepting something we did not udnerstand. And also I was told my mother needs to sue me because I resold her the house in XXXX ( with the intention of getting financing to pay off the wrapped mortgage ) and we asked XXXX since he represented both of us to do hte complaint against me from my mother that rice insurance ( errors and omissions ) wants to pay on a claim so mom does not have to be destitute at age XXXX. The reason for the giving of my interest of the REC to my mother is because XXXX XXXX XXXX ( that had the loan ) one of the mortgage loan officers in the lousinana branch ( they were there before ) said that the title must match the borrower to refinance the REC but then, but then he told us that we need to let it season a bit longer so that the price go up to what the mortgage amount is. I insisted is XXXX or so and showed him my wrap real estate contract accounting ledger from XXXX XXXX. They said the amounts do not match so I got concerned and asked XXXX for information and they told me I am not listed inthe REC as a party and can not give us informaiton. that is when I started filing complaints in the CFPB and financial institution division but nobody did anything and said the property is upside down, about 9 years after I bought it and paid every month. XXXX XXXX   applied the funds to fees, and escrow and interest and not principal I guess. They should not do that because I remember clearly that i was told that in the event that there is a change of servicer, the payment will not change, only who to make the payment too and that is a dollar per dollar wrap. I got title insurance, and they should have given me an amortization schedule. when I inquired about anything nobody answers but they all want a release of liability. I was told that it appears that XXXX kept money on an interest bearing account or they used it to make an IRA business with it as they sell REC payments for exchange of IRA money for people to get a higher interest than having a CD in a bank. W e repaired and kept the home is our home.

Company response to consumer: Closed with explanation