Consumer complaint received 2023-01-21
Company: Mr. Cooper Group Inc.
State: OH
Product: Mortgage
Sub-product: VA mortgage
Issue: Trouble during payment process

Complaint:
THIS IS A NOTICE OF DEFAULT AND OPPORTUNITY TO CURE DEFAULT NON-RESPONSE BY XXXX XXXX, XXXX XXXX and XXXX XXXX or board members. 
This notice is to inform the CFPB President and board members as public witnesses to the default and non-response to my Affidavit of Trust. The original Is signed and notarized and XXXX XXXX XXXX, Beneficiary has the Original. 


AFFIDAVIT OF XXXX XXXX XXXX XXXX OHIO XXXX NATIONSTAR MORTGAGE XXXX XXXX MR. COOPER XXXX XXXX XXXX XXXX XXXX, Texas XXXX XXXX : XXXX, Beneficiary c/o XXXX XXXX XXXX XXXX XXXX, Ohio XXXX XXXX Near [ XXXX XXXX NOTICE TO PRINCPLE IS NOTICE TO AGENT AND NOTICE TO AGENT IS NOTICE TO PRINCPLE To : XXXX XXXX, XXXX XXXX and XXXX XXXX, in their Private XXXX XXXX : XX/XX/2022 The undersigned XXXX XXXX : XXXX, hereinafter Affiant, does hereby certify and declare that Affiant is competent to testify and state the matters set forth herein and is willing to testify with first-hand knowledge, all contents herein are true, correct, and complete in accordance with Affiants firsthand personal knowledge. Affiant is of sound mind, and over the age of twenty-one. Affiant reserves all rights. Affiant knowingly and willingly affirms : 1. Affiant is the person making this Affidavit. 
2. NATIONSTAR MORTGAGE LLC D/B/A MR. COPOPER, hereinafter Lender, is engaged in the business of taking deposits making loans.

3. Affiant is the sole legal and absolute owner, maker, or issuer of the estate and any asset ( s ) or property ( ies ) regarding the estate and Affiant has never assigned, transferred, nominated any of Affiants right, title, or interest to any others.

4. Affiant has no knowledge of nor has Lender ever revealed or disclosed to Affiant any trust relationship or creation of any trust or any other ( s ) regarding alleged account # XXXX or the Mortgage/Deed of Trust. 
5. Affiant never intended to agree to or consented to any trust relationship or creation of trust between Lender and Affiant. 
6. Affiant never knew of nor agreed nor consented to Lender or any others granting authority and becoming a trustee, agent, or having agency over any of Affiants property. 
7. Affiant understood Affiant was obtaining Lenders capital and not obtaining credit or a line of credit nor an open end nor closed end of any form of credit. 
8. Lender advanced credit to Affiant thus inducing Affiant into believing said advancement was from Lenders funds. 


9. Affiant was induced by Lender into believing Lenders capital was the only funding source of the alleged transaction. 
10. Lender actions to date prevent full disclosure to Affiant denying Affiant an opportunity to make a fully informed decision with regard to this alleged transaction. 
11. Lender never disclosed any documented fact that Lender purchased Affiants alleged obligation thereby allegedly obligating Affiant to Lender. 
12. Lender never produced or offered for signature, a binding bill of sale for ownership of Affiants monetary interests. 
13. Lender induced Affiant into believing Lenders capital was the sole source of funding regarding alleged account # XXXX. 
14. Lender is knowingly and willfully engaging in the collection of an extension of credit while inducing Affiant into believing Affiant is repaying Lenders own capital. 
15. Lender is using extortionate enforcement of payment without clear and full disclosure of foundation to Affiant. 
16. Lender is intentionally concealing and withholding material facts regarding any trust or the creation of any trust in re alleged Mortgage/Deed of Trust connected to alleged account # XXXX. 
17. Lender is intentionally concealing and withholding material facts regarding any trustee or beneficiary, designated, nominated, appointed, or assigned by Affiant. 
18. Lender is willfully withholding or concealing full disclosure of all material facts to Affiant. 
19. Lender is using undue influence upon Affiant to retain domination over the Affiants will to obtain the rights and property of Affiant without Affiants complete knowledge and intentional consent or agreement. 
20. Lenders action ( s ) exceed persuasion under duress by restraining and injuring Affiants will, property, and rights without the consent, agreement and knowledge of Affiant. 


Any man or woman having first-hand knowledge of all the facts asserted herein having power and authority to rebut this affidavit must rebut each and every point separately with the rebutting partys own signature and endorsement notarized, under the penalty of perjury and willing to testify, and executed as true, correct, and complete with positive proof attached. Absent positive proof any rebuttal shall be deemed null and void having no force or effect, thereby waiving any of Lenders immunities or defenses. 
Any rebuttal shall be mailed to the undersigned and the Notary address within ten ( 10 ) calendar days of Lenders receipt of this affidavit. 
When a rebuttal is not received by both the Affiant and the Notary within 10 days this entire Affidavit and default provisions shall be deemed true and correct. 
Lender further agrees and consents to this administrative notice and default under this affidavit as clear and convincing evidence and proof of the facts asserted herein : 1. Lender agrees to a Deed of release or release of Mortgage. 
2. Lender agrees to set aside any Mortgage/Deed of Trust. 
3. Lender agrees that each point in this affidavit shall constitute a single claim against Lenders bond ( s ) for each point not specifically rebutted by Lender. 
4. Lender agrees to release any information, rather private or otherwise, to Affiant about any of Lenders agents or representatives Employee Dishonesty Bond, Directors and Officers Policy Bond, or any other liability bond ( s ), including the insurance or bond company name, bond company information, bond enforcement information, or any other of Lenders bond information Affiant requests. 
5. Lender hereby obligates and guarantees Lenders bond ( s ) to secure the performance of non-rebuttal of this affidavit to Affiant for any unfaithful performance of fiduciary duties, financial loss, or damages sustained by Affiant in connection to any breach of contract or this affidavit. Any amount is not limited by the value of any property or costs incurred by Affiant in seeking remedy for Lenders breach. 
6. Lender shall further agree that once or if Lenders bond ( s ) expire, terminate or do not equal the total amount due Affiant, Lenders President, Directors, and any of Lenders agents and representatives shall become individually liable for any difference due Affiant. 
7. Lender obligates and guarantees Lenders current or future bond ( s ) to discharge any allegations against Affiant. 
8. Lender immediately grants to Affiant the unconditional right of rescission regarding alleged account # XXXX and any security interest attached thereto. 
9. Lender agrees to the filing of a UCC-3 deleting the alleged mortgage/deed of trust in any public record. 
10. Lender agrees to the filing of a UCC-5 Correction in any public registry to correct the inaccurate, unlawful or illegal mortgage/deed of trust in any public record. 
11. Lender agrees this affidavit shall be used as first party evidence or positive proof in any remedy sought by Affiant. 
12. Lender shall return any money or property of Affiant including but not limited to any original documentation, including but not limited by, any Notes, securities, assets, applications, transfers, blotters, book entries, assignments, and security interests to Affiants address stated herein. 
13. Lender waives all rights to adjudicate the alleged agreement referenced herein.

14. Lenders president and any directors waive all immunities regarding any future actions sought by Affiant. 
15. Lender shall immediately terminate any security interest and certify to Affiant the termination within 10 days. 
16. Lender is barred from any alleged right, title, or interest in any alleged account, note, monetary instrument, asset, or Mortgage/Deed of Trust regarding Affiant. 
17. Any alleged trustee or successor of Lender is hereinafter completely removed and disqualified as trustee, agent, or successor by Affiant. 
18. Lender and any of Lenders assigns or nominees are estopped henceforth from any action against any of Affiants rights or property. 
19. Lender abandons all right of entry, possession, judgment, assignment or notice regarding Affiant or Affiants property. 
20. Lender abandons the right of any alleged waiver or estoppel.

21. Lender hereinafter discharges any alleged Mortgage/Deed of Trust or any alleged debt.

22. Lender agrees that Lender is in violation of the Statute of Frauds. 
23. All relationships between Lender and Affiant are null and void.

24. Lender agrees that Lender has breached the oral trust relationship with Affiant. 
25. Lender agrees that Lender has employed the extortionate extension of credit with regard to Affiant. 
26. Lender agrees that Lender is hereby removed and disqualified as trustee ( s ) pursuant to : a. Conflict of interest b. Concealment c. Breach of fiduciary responsibility ( ies ).

d. Fraud. 

_______________________ XXXX XXXX XXXX NOTARY/JURAT On this XXXX day of XXXX, XXXXXXXX XXXX XXXX XXXX came before me , the Notary herein and under oath, attested and affirmed the signature as true, complete, and correct on the foregoing affidavit. I, the Notary, personally witnessed the Affiant swore under oath or penalty of perjury that the contents of this Affidavit are true, accurate, and complete. The Affiant also acknowledged the signing thereof to be of his/her own voluntary act and deed. 

State of Ohio ) ) County of XXXX ) Signed this daXXXX ofXXXX XXXX  at XXXX 


My commission expires on : XXXX XXXX seal : ___________________ PROOF OF SERVICE I, the undersigned do hereby certify that on this XXXX day of XXXX, XXXX, that I did serve upon the LENDER, a true and correct copy of the foregoing Affidavit to their address as stated below using United States Postal Service Certified mail numbered XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX. 




XXXX XXXX XXXX : XXXX XXXX, XXXX XXXX and XXXX XXXX Attorney for Plaintiff President/Chief Financial Officer XXXX XXXX XXXX XXXX NATIONSTAR MORTGAGE XXXX XXXX XXXX XXXX XXXX XXXX XXXX dba MR. COOPERXXXX XXXX XXXX XXXX. 
XXXX, Ohio XXXX XXXX, TX XXXX ****Please fill out and complete IRS W-9 form and return to above Address. 

By : XXXX XXXX XXXX XXXX, XXXX

Company response to consumer: Closed with explanation