Consumer complaint received 2015-08-23
Company: NATIONSTAR MORTGAGE LLC
State: AL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
My 1st issue is I believe that I am the victim of an ongoing crime regarding a foreclosure action on my property. My Mortgage Company and its servicers are initiating foreclosure proceedings on my property. In the event these proceedings take place, I believe I 'm entitled to a full investigation, as I believe there are substantial securities fraud issues as well as other crimes that have occurred or are occurring at the present time. 

Furthermore, I would like to bring to your attention that the methods by which the Banks are conducting foreclosures are extremely fraudulent and deceptive. Example, the Real Estate Settlement Procedures Act ( RESPA ), clearly states that no adverse action can be taken until all issues of a Qualified Written Request are satisfactorily addressed by a responsible officer of the creditor ; this is not the case in terms of their current practices. Their current practice consist of simply mailing the customer a copy of their original loan documents and suggesting that they are a Real Party of Interest because they are in possession of copies of the original documents and continuing with a foreclosure any way. This is a violation of the law, which many individuals have already been imprisoned for doing so, outside of the banking system. 

After mailing these copies they continue with default actions in which they collect default insurance from the XXXX and XXXX XXXX, under the same pretense of being a Real Party of Interest. Then after collecting default insurance they proceed on automatic pilot to conduct a foreclosure in which they fraudulently record a Trustees Deed as if the Trustee or the Bank conducted a bonafide sale at auction. The sale is not legally bonafide because the property was not transferred via a Deed in Lieu of Foreclosure and monies never exchanged hands. Additionally, no arms length transaction took place, not to mention that no transfer taxes are being paid to the counties. 

To exacerbate matters even further, local law firm receive affidavit from sometime fictitious people stating that they validate the fraudulent foreclosure. These affidavits become the basis for Unlawful Detainer actions. 
This information is provided to you to make you aware of a crime in progress and give you a background as to what is happening so you may move forward in your investigation more rapidly. 
I have available a Securitization Audit and Analysis of my note and security instrument. 
My 2nd issue applies to a HAMP loan denial. I applied for a HAMP loan modification and received a denial letter some 8 months later. After several months of stonewalling, numerous requests for lost and out of date documents, shuffling paper from one person to another, discouraging remarks, different managers and underwriters, either new or leaving the company, giving every excuse not to approve the loan modification. 
After the denial letter, knowing full well that I qualified for the loan modification, I sought help from XXXX XXXX XXXX ( XXXX ) to assist me in acquiring a HAMP loan. 
XXXX completed a substantial and in-depth review of my circumstances. I clearly qualify according to the federal guidelines and should have been offered an approved loan modification under the federal guidelines, but have been denied several times. 
The review indicated that I qualified for both the HAMP and HAFA programs. the Making Home Affordable Act ( RMA ) forms were submitted, along with additional required documents. 
XXXX opinion is that Nationstar is refusing to work with me and is finding every reason to go forth with the foreclosure on the property. 
XXXX have strongly encouraged Nationstar to follow the federal guidelines for the modification review and stop the delay tactics and discriminatory acts displayed by Nationstar. 
I 'm happy to provide any and all assistance, I very much appreciate your cooperation.

Company response to consumer: Closed with explanation