Consumer complaint received 2018-04-26
Company: NATIONSTAR MORTGAGE LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Mr. Cooper ( Nationstar ) failed to set up an ACH payment which caused my mortgage to go into arrears and affect my credit. The failure affected my ability to obtain a new mortgage in XX/XX/XXXX. 

In XX/XX/XXXX, I contacted Mr. Cooper formally known as Nationstar mortgage because my ACH had fallen of my account. After setting up the ACH again, I received a confirmation email from the company stating the ACH had been set up and the automatic payment would resume in XX/XX/XXXX ( see attached email confirming the ACH setup ). Mr. Cooper failed to set up the payment. In XX/XX/XXXX, I  received a certified letter stating the mortgage was going to be foreclosed. I immediately called Mr. Cooper and spoke to their representative named XXXX XXXX. I provided the email confirmation to XXXX XXXX. She agreed that I was right to assume the ACH would have made the payment. I paid the outstanding balance to bring the account current. XXXX XXXX refunded the late charges. 

I set up again another ACH payment to keep it current. At this point, I asked about the late payments on my credit report. XXXX XXXX instructed me that I would have to write each credit bureau and request the adjustment. When the request came to Mr. Cooper they would look at the notes in the file and updated the late payments in my credit files. I sent numerous hours submitted the request to all the agencies. Mr. Cooper/Nationstar did not adjust my credit report to reflect their error. 

I have now applied for a new mortgage and have been turned down due to the late payments from Mr. Cooper ( Nationstar ). The mortgage company stated since the late payment were in the last 24 months, it affects my ability to get a new mortgage. 
I once again called Mr. Cooper. The representative XXXX XXXX said she could see that the fees had been refunded on my account, she could also see that I had requested the late payments removed from the three bureaus but the Mr. Cooper had failed to up agencies. I asked XXXX XXXX for written proof to provide the new mortgage company of the failure to set up the ACH situation. XXXX XXXX said she was unable to provide the notes not he account and since the loan was now sold to XXXX XXXX for servicing I should contact them. I contacted XXXX XXXX. They stated they have no records of the account since they just took over servicing. 

I am now left unable to get a mortgage because Mr. Cooper failed to correctly set up an ACH. Mr. Cooper is saying the reason they did not notify that my payment was late because I requested they cease all communication with me. This is not correct. After my mortgage loan was transferred to Nationstar/Mr. Cooper I started to receive almost daily calls to refinance the existing mortgage with Nationstar/Mr. Cooper. A refinance at this point was not beneficial to me. I explained this many times to the representative who called. I finally got to the point with the calls that I asked to be put on the do not solicited call list. I did not ask not to be called on issues about my loan. 

Nationstar/Mr. Cooper also states the account number I provided on the ACH form was incorrect. According to the attached documents ( see below ) the account number were correct. And if the account number was incorrect, why didn't someone from Nationstar/Mr. Cooper reach out to me? Nationstar/Mr. Cooper states they outsource the setting up of the ACH to XXXX XXXX. As a customer how am I supposed to know Mr. Cooper outsources the set up of ACHs to a third party? Mr. Cooper has tried to shift the blame from their company to XXXX XXXX, to XXXX XXXX, and to me. 

I have had numerous ACH issues with Mr. Cooper. In talking to their agents this is a common problem among customers of Mr. Cooper. I am being held hostage by Mr. Cooper because they failed to set up the ACH and/or notify me when the payment was not made correctly. 

I have spent hours on this issue. Mr. Cooper has reversed the fees but is still hitting my credit. I have a high score except for these payments. I have now tried to buy a new house in a state that I was relocated to by my job. I was turned down for the mortgage and lost money on the home ( due to inspections ) because of the late payments from Mr. Cooper.

Company response to consumer: Closed with explanation