Consumer complaint received 2018-07-13
Company: NATIONSTAR MORTGAGE LLC
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
The complaint is against both attorney XXXX XXXX XXXX, of XXXX XXXX ( XXXX ) and para legal XXXX XXXX XXXX, for negligence and mishandling representation and mediation between myself and my mortgage lender Mr. Cooper/Nationstar Mortgage ( NSM ). Both NSM and XXXX, are attempting to sabotage my case and forcing my case past the statute of limitations. Due to my loan status of litigation, NSM, refuses to discuss nor consider my attempts at bringing my account current. XXXX  has only been recently been assigned to mitigate my loan after the first set of attorneys were replaced. My situation started back in XX/XX/XXXX when I was forced to file a lawsuit due to NSM, failing to make timely disbursements of my hazard insurance, which resulted in cancelation of a low premium for hazard insurance. This is a direct violation to paragraph 3500.17 ( i ) ( 2 ) of RESPA : ( k ) Timely payments. ( 1 ) If the terms of any federally related mortgage loan require the borrower to make payments to an escrow account, the servicer must pay the disbursements in a timely manner, that is, on or before the deadline to avoid a penalty, as long as the borrower 's payment is not more than 30 days overdue. ( 2 ) The servicer must advance funds to make disbursements in a timely manner as long as the borrower 's payment is not more than 30 days overdue. Upon advancing funds to pay a disbursement, the servicer may seek repayment from the borrower for the deficiency pursuant to paragraph ( f ) of this section. As a result my new policy was twice as much forcing my loan into delinquency because I could not afford the new escrow amounts from the replacement hazard policy. Once my lawsuit was filed it was assigned to the previous lead counsel XXXX XXXX XXXX XXXX XXXX XXXX, and I had been engaged in settlement negotiations as well as and modification efforts since mid-XX/XX/XXXX, when my civil case was first filed.In fact, XXXX XXXX has negatively impacted my dealings with my lender representing agent of Nationstar/Mr. Cooper ( NSM ), since day one. NSM, made the mistake of having XXXX XXXX manage not only the litigation matter, but also loss mitigation efforts as well. The loss mitigation process required for her to be a go between and to adhere to processing my loan modification with NSM, as well as attempt to coerce me into dismissal of my lawsuit for various reasons. I refused. Then XXXX intentionally stalled the negotiations for 10 months due to her involvement.At one point Ms. XXXX   received 4 separate transmissions of my complete loan modification request and supporting documents and basically for lack of a better words she refused to forward them to NSM for review. In fact at one point, she attempted to extort me, by offering to review my loan for modification assistance in exchange for me dismissing my civil case with prejudice as well as she offered me a meager cash settlement of {$500.00}. I refused again to dismiss my case and was forced to file a CFPB complaint against her and NSM, which in turn forced them to review my loan for assistance. Mind you, I have an FHA loan, which requires specific guidelines to be followed when a review for modification assistance has been warranted. XXXX XXXX attempted to circumvent these rules once I filed a consumer complaint with the Consumer Financial Bureau ( CFPB ) case # XXXX, and XXXX was called out and forced to comply with the review under FHA rules. I feel that these actions were her way of attempting to bring this matter to a quick close. I had to go as far as threaten her with amending my lawsuit with these additional claims for abusive extortion tactics in order to somewhat get her to cooperate. Her resistance has only aggravated this matter rather than mediate. Its also a fact that NSM, attempted to sell my home while XXXX was in possession of multiple full packages for loan medication review which is considered dual tracking. I was forced to file bankruptcy to stop the sale date attempts during the modification review process in the spring of XX/XX/XXXX. Webb had been a virus in my attempts to protect the interests in the home and my rights as a homeowner for what NSM, has done. Again, NSM, has single handedly forced my loan into delinquency as a result of mishandling my escrow account shortly after taking over the loan then NSM took over my loan and has not been current since.Fast forwarding, my loan was finally approved for loan modification assistance on XX/XX/XXXX, payments due in the amount of {$1400.00} due XX/XX/XXXX thru XX/XX/XXXX. XX/XX/XXXX through XX/XX/XXXX, Hurricane Harvey hit Texas, most of our State was declared National Disaster within the first few days. FHA, immediately suspended all payments for Texas homeowners for up to 6 months or more if needed, until the state of emergency could be thoroughly accessed. Virtually everyone in Texas was affected by the storm in one form or another. Rather than XXXX  adhering to FHAs decisions of mortgage forbearance of payments, as my loans investor. She decided to have me make payments starting in XX/XX/XXXX rather than XX/XX/XXXX. Then she contacted me again stating that the payment wouldnt be due until XX/XX/XXXX. Payment was made and somehow derailed because there was an issue with my bank account and I received no notice whatsoever about a retuned payment. I feel That XXXX, was definitely leaving something out and hiding the fact that payments were not being demanded by FHA at all. However, by the time that I had been made aware the modification agreement had dismantled and I was contacted after the fact by XXXX. I advised her that I had the ability to make up the payment or make 2 at once. I informed her that I would have made up the payment or payments if only informed in ample enough time. However, do to the fact that my loan is flagged as litigation in the system for NSM. No agents can call me at all for anything, and all communications are relied upon by XXXX and XXXX XXXX. She then was supposed to address this issue and determine when and where I could resume my payments to complete the trial plan.I never heard back from her and the last time that we had any communications was XX/XX/XXXX. Our last set of negotiations were dated XX/XX/XXXX, in which attorney XXXX had presented to me via email per rule 408, a settlement of an amount that was considerably lower than what I had originally suggested in earlier in XX/XX/XXXX.The last communications that I received from XXXX  are as follows : XX/XX/XXXX To date Ive received no notices via process service from XXXX XXXX , which would indicate compliance with the Docket Control Order, milestones Expert Witness Designation which was due XX/XX/XXXX nor has any firm representing NSM, completed nor initiated Status Conference due by XX/XX/XXXX. The discovery period endedXX/XX/XXXX, and none of these proceedings steps have been adhered to.

There has been long blocks of time that has passed between communications with XXXX, and I feel their involvement has negatively compromised my complaint.

It appears that the new law group assigned to my loan by NSM, is also failing to adhere any of the civil lawsuit milestones. At this point I feel it necessary to file an amendment to my original complaint in order to address the incompetency, negligence, misrepresentation, and fraud of NSM and XXXX and also XXXX, which the most recent counsel assigned to bring this matter to a close.

Company response to consumer: Closed with explanation