Consumer complaint received 2016-09-13
Company: NATIONSTAR MORTGAGE LLC
State: FL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
The law office of XXXX XXXX XXXX, XXXX. represents borrowers, XXXX XXXX and XXXX XXXX in connection with a foreclosure action commenced by our Aurora Loan Services LLC in XXXX XXXX XXXX XXXX Court. 
My clients applied for loss mitigation on XXXX XXXX, XXXX, by submitting a complete loss mitigation package. We did not receive a response to the application or a denial from the lender despite numerous follow up attempts. We finally received a return phone call on XXXX XXXX, XXXX, by speaking to the representative at Nation Star Mortgage, who was the current lender at that time. NationStar 's representative instructed my office to provide additional documentation which was timely provided on XXXX XXXX, XXXX, by facsimile. 
My office filed a Motion to Cancel the foreclosure sale set for XXXX XXXX, XXXX, which was opposed by NationStar. The Motion was based on ongoing loss mitigation efforts, but the Motion was denied based on the NationStar 's opposition. The sale proceeded on XXXX XXXX, XXXX. Nation Star Mortgage LLC, was the successful bidder at the sale on XXXX XXXX, XXXX, and a Certificate of title was issued to NationStar as the successful bidder at the sale. 
Recently my client inquired with Nationstar as to whether he could continue the loss mitigation process. In response to same NationStar alerted its foreclosure attorneys who sent a letter dated XXXX XXXX, XXXX, advising my client that the lender intended to move forward with taking possession of the property. My client is the father of a family of XXXX with XXXX young children in school. 
The lenders action of moving forward with the foreclosure sale is a violation of RESPA. Specifically, the lender failed to provide timely responses to the application and still proceeded forward with the foreclosure sale despite being in receipt of a complete loss mitigation package that was submitted more than 45 days prior to the sale date. As such this sale is a violation of 1024.41 entitled " Loss Mitigation Procedures '' of the Real Estate Settlement Procedures Act, 12 U.S.C. 2601, instituted by the Bureau of Consumer Financial Protection ( CFPB ) specifically states the following in section ( g ) : Prohibition on foreclosure sale. If a borrower submits a complete loss mitigation application after a servicer has made the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process but more than 37 days before a foreclosure sale, a servicer shall not move for foreclosure judgment or order of sale, or conduct a foreclosure sale, unless : ( 1 ) The servicer has sent the borrower a notice pursuant to paragraph ( c ) ( 1 ) ( ii ) of this section that the borrower is not eligible for any loss mitigation option and the appeal process in paragraph ( h ) of this section is not applicable, the borrower has not requested an appeal, or the borrower 's appeal has been denied ; ( 2 ) The borrower rejects all loss mitigation options offered by the servicer ; or ( 3 ) The borrower fails to perform under an agreement on a loss mitigation option. 
I would like to seek immediate relief from XXXX so that the lender does not move forward with a Writ of Possession in the foreclosure case. I have documented all of the loss mitigation occurrences of violations including the lenders misplacing of the loss mitigation package which I can submit at any time and supplement this application upon request. 
Very truly yours, XXXX XXXX XXXX, Esquire

Company response to consumer: Closed with explanation