Consumer complaint received 2023-08-28
Company: Mr. Cooper Group Inc.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage
Sub-issue: Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure

Complaint:
XX/XX/XXXX To : Mr. Cooper/Nationstar/Consumer Financial Protection Bureau Subject : Answer/Complaint against Mr. Cooper/Nationstar Account Number : XXXX Source XXXX Number : XXXX Reference Number : XXXX CFPB ID : XXXX SUBMITTED ON XX/XX/XXXX PRODUCT : Debt collection Dear Sir/Madam, This is our response to Mr. Cooper answer and package they sent to us dated XX/XX/XXXX regarding the complaint we filed through CFPB portal.

Debt Validation : At the beginning of Mr. Cooper response letter it is stated that their records reflect they previously validated this debt which is not true and they never did validate the subject alleged debt for following reasons : First of all, we demand a proof or a statement under oath that actually there is a Bank, Financial Institution or any kind of company named as " creditor '' on subject account and Mr. Cooper is the SERVICER for them and they are intended and expected to receive money from the successful outcome of the foreclosure. 
Mr. Cooper needs to validate this account with establishing the fact that as a " servicer '' it actually is a " servicer '' for an injured " creditor '' and names that particular creditor, if any.

1- The recorded original note, deed of trust and principle amount are all different from other documents presented by Nationstar/Mr . Cooper since XXXX until this date. 
2- The present alleged amount calculated and all the numbers including but not limited to starting principle amount, interest rate, years, dates and amortization period are not correct and have to be certified by valid documentations.

3- We asked about all of these, many times for many years, but your company never sent us detailed, certified and official statements reflecting all the correct documents from XXXXXXXX XXXX XXXX XXXX XXXXXXXX and now Nationstar/Mr. Cooper. Your company kept sending the same falsified old documents done by previous lenders, servicing companies and trustees. 
You also indicated at the date of transfer the account was due for the XXXX, XXXX, monthly installment in the amount of {$5300.00} and in another place in your letter saying as of the date of this letter the account is due for the XXXX, XXXX now. The amount of the monthly payments and due dates do not match with any original and recorded and verified document as to the interest rate applied, amortization period and actual principle amount on record. 

XXXX VERY IMPORTANT : I have received a letter from Mr. Cooper XXXX XX/XX/XXXX indicating about a rate change, We need to find out if they actually did apply the new ( SOFR ) interest rate to the subject account or the ( XXXX ) rate is still being used. 
We need to have detailed information about this rate and calculation. 
SEE Attachment number A Transfer of Servicing : In your letter you indicated that this loan transferred from Specialized Loan Servicing , LLC to Mr. Cooper effective XX/XX/XXXX which is completely false and incorrect. 
According to a recorded ASSIGNMENT OF DEED OF TRUST dated XX/XX/XXXX ( ATTACHED EXHIBIT # XXXX XXXX XXXX XXXX XXXX XXXXXXXX for a value received, grant, sell, assign, transfer and convey onto NATIONSTAR MORTGAE, LLC so your statement that XXXX XXXX XXXX transferred the servicing to your company on XXXX, XXXX is completely false and make this transfer unlawful, invalid and null. 
Before this transfer or sale there is another recorded document showing XXXX XXXX  XXXX XXXX XXXX XXXX XXXX for a valuable consideration assigned and set over, this account to XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX. ( ATTACHED EXHIBIT # XXXX ) Now, there is another Notarized document called CORPORATE ASSIGNMENT OF DEED OF TRUST, signed by XXXX of your Assistant Secretary named XXXX XXXX stating NATIONSTAR MORTGAGE LLC herby grants and transfers to XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE FOR GSR XXXX XXXX.. 
( ATTACHED EXHIBIT # XXXX ) We need a complete and detailed and certified statement, answer, information and explanation regarding all these transfers are valid and legal and true. 
Mysteriously another document called ASSIGNMENT OF DEED OF TRUST got recorded on XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, AS TRUSTEE FOR GSR XXXX XXXX BY NATIONSTAR MORTGAGE LLC AS XXXX, again for Value received XXXX grants, assigns, and transfers to NATIONSTAR MORTGAGE LLC. 
( ATTACHED EXHIBIT # XXXX ) Do you see how many recorded transfers exists and going back and forth? 
Can you validate all these assignments? 
Can you disclose the amount of the value received from each corporation and insurance companies and if they paid off the whole amount? 
Do you see any recorded document showing a transfer from XXXX XXXX XXXX XXXX to Nationstar or Mr. Cooper? 
We need a Notarized and certified document showing when and how XXXX  transferred the subject account to Nationstar. If you cant produce that document, this transfer will be unacceptable, invalid and cant be used to validate the transfer or any obligation or any alleged debt. 
Also, we need to bring your attention to Mortgage Servicing Standards, it clearly states : Assertions made in foreclosure or bankruptcy proceedings shall be accurate, complete and supported by competent and reliable evidence. 
Affidavits shall be signed in the presence of a notary. 
Banks/servicers may not rely on an inaccurate affidavit to obtain a foreclosure judgment. 
The bank/servicer must plead the basis for its authority to foreclose. 
Loan Modification : Regarding the statement you made about 14 times review for loss mitigation, we need to mention that they were all about income and insufficient monthly payment reduction claim.

Mr. Cooper and Nationstar denied all modification efforts because of that. In last several years they are using the BIG LIE that someone else like XXXX XXXX  is the decision maker. They always had the same reasons to deny even after we sent new and improved documentation. 
Your calculation of property taxes and insurance amount were all wrong and never got corrected even after we sent out the actual statements. 
At one time Mr. Cooper did come up with the following ridiculous terms by itself : A payment, after XXXX {$8300.00} a month. All the modifications are about reducing the interest rate or apply the principle to XXXX or 40 year amortization to make it affordable. This was based on a 19 year amortized loan which was never seen in loan modification world! 
Despite the fact that you stated our loan modification is denied based on XXXX XXXX  guidelines, we found out that XXXX XXXX  has absolutely NO involvement, guideline, protocol or workbook to approve or deny a modification. 
We have the actual statement from their company and can be provided upon request. 

Documentation : Mr. Cooper knows that the new servicing standard call for : Strict oversight of foreclosure processing, foreclosure abuses, such as robo-signing, improper documentation and lost paperwork and make foreclosure a last resort, by requiring servicers to evaluate homeowners for other loan mitigation options first. 
Also, we need to bring your attention to this very important subject about Nationstar Mortgage LLC, d/b/a Mr. Cooper Settlements with the Consumer Financial Protection Bureau XXXX CFPB XXXX and the State Mortgage Regulators Case No. XXXX NATIONSTARS MORTGAGE SERVICING MISCONDUCT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Case XXXX XXXX XXXX Filed XX/XX/XXXX INTRODUCTION XXXX. This is a civil action filed jointly by the Attorneys General against Nationstar Mortgage LLC, d/b/a Mr. Cooper ( Defendant or Nationstar ) for alleged misconduct related to its servicing of single-family residential mortgages. 2. As described in the allegations below, Defendants conduct during the servicing of borrowers mortgage loans constituted unfair or deceptive acts and practices by Defendant and its vendors and resulted in violations of homeowners rights and protections.

In Page 10 of 63 19. In the course of Nationstars mortgage servicing activities, Nationstar engaged in the following unlawful acts and practices : b. failing to properly oversee and implement the inbound transfer of mortgage loans ; e. threatening foreclosure and conveying conflicting messages to certain borrowers engaged in loss mitigation ; f. failing to properly process borrowers applications for loan modifications ; g. failing to properly review and respond to borrower complaints ; COUNT I VIOLATIONS OF STATE LAW PROHIBITING UNFAIR AND DECEPTIVE CONSUMER PRACTICES WITH RESPECT TO LOAN SERVICING COUNT II VIOLATIONS OF THE CONSUMER FINANCIAL PROTECTION ACT OF 2010 WITH RESPECT TO LOAN SERVICING PRAYER FOR RELIEF WHEREFORE, the Attorneys General, pursuant to 12 U.S.C. 5552 ( a ) ( 1 ) and 5565 and their state consumer protection laws, respectfully request that judgment be entered in their favor and against Defendant for each violation charged in the Complaint, and request that the Court : A. Enjoin Defendant from committing future violations ; B. Award such relief as the Court finds necessary to redress injury to consumers ; C. Award such relief as the Court finds necessary to disgorge Defendant of unlawful gains ; D. Award the Attorneys General the costs of bringing this action ; and E. Award additional relief as the Court may determine to be just and proper. Dated : XX/XX/XXXX Respectfully submitted. 
Mr. Cooper never mentioned this settlement to us and No payment or any kind of help offered but I think almost all of the customers affected by these issues were remediated by refunds or account adjustments years ago. 
I like to ask Mr. Cooper about the following published statement regarding this matter As part of this new settlement, Nationstar agreed to provide additional refunds to certain customers. 
XXXX is administering the {$15.00} XXXX in additional refunds provided in the CFPB and XXXX mortgage regulator settlements, which includes cash payments to borrowers whose loans fall under three populations identified in those settlements : Modification Payment Increase Borrowers Escrow Borrowers Unlawful Foreclosure Borrowers On XX/XX/XXXX, XXXX will mail remediation checks to certain customers in those populations. 
At the end, We are hereby disputing the existence of the alleged debt, Notice of Default filed against the subject property and demand, all fillings against the subject property to be removed, revoked and rescinded immediately until all these issues are resolved and satisfied. 
We also request that you investigate ALL the issues we mentioned in this letter related to subject property and make sure they are in accordance with Federal and State laws, California Homeowners Bill of Rights, National Mortgage Settlement, Consumer Financial Protection Bureau and New Mortgage Servicing Rules and Standards. 

CC : XXXX XXXX XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX, CA XXXX Number of Attachments : XXXX Third Party Authorization is included

Company response to consumer: Closed with explanation