Consumer complaint received 2016-03-14
Company: NATIONSTAR MORTGAGE LLC
State: NJ
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
I am an XXXX in XXXX and am submitting this CFPB Complaint on behalf of my client, a homeowner in XXXX, NJ ( XXXX County, XXXX ). My client owns a home on which he has an outstanding mortgage obligation - amount currently due is approx. {$440000.00}. The mortgage Servicer is Nationstar Mortgage LLC ( XXXX, XXXX ). Despite our efforts to obtain a mortgage modification, we have encountered extreme difficulty in dealing with Nationstar, the mortgage servicer. On XXXX XXXX, XXXX, my client submitted HAMP paperwork in order to apply for a modification ( previously, paperwork had been submitted on numerous occasions, but on each such occasion, Nationstar denied the application due to an alleged document deficiency ). Through our XX/XX/XXXX submission, Nationstar finally acknowledged our completed submission. By all accounts, my client should rightly qualify for a mortgage modification - his current mortgage outstanding ( including interest and fees ) is approx. {$440000.00} and my client earns in excess of $ XXXX / per annum. Furthermore, my client carries little to no additional consumer debt ( no car loan, little to no credit card debt, no student loans, etc. ). Despite this, in XXXX XXXX, Nationstar notified my office that my client 's mortgage modification application was being denied, due to various reasons, each of which was inaccurate and/or nebulous and without grounding in actual fact. On XXXX XXXX, XXXX, I filed a formal Appeal Letter with Nationstar in order to dispute its modification application denial, and in so doing, raised a number of questions and attached key supporting documents. To date, Nationstar and its counsel have failed to the substantive questions that I raised through the XXXX XXXX, XXXX Appeal Letter. These questions included, but were not limited to, inquiries on : ( i ) the ostensible owner / holder of the Note ( Nationstar is only the Servicer ) ; ( ii ) the additional expenses per DOJ guidelines used by Nationstar in bolstering its assertion that my client has negative debt to income due to various expenses ; ( iii ) a complete list of all expenses and corresponding amounts used by Nationstar when conducting its HAMP analysis as to my client 's eligibility for a potential modification ; ( iv ) a complete copy of my client 's Loan File ; ( v ) language in either the MHA Handbook or Nationstar 's Servicer Participation Agreement which arguably allows Nationstar to deny my client for a HAMP Tier II modification by unilaterally rejiggering the interest rate as though the ARM loan was current. At this stage, the situation calls for immediate oversight and assistance from the CFPB - earlier today, my client received a Notice of Sale in his mail from Nationstar 's counsel indicating a foreclosure sale has been set for XXXX XXXX, XXXX. I have advised my client of his XXXX ( XXXX ) statutorily mandated sale adjournments of two ( 2 ) weeks each. Thank you in advance for your time and attention.

Company response to consumer: Closed with explanation