Consumer complaint received 2015-11-10
Company: NATIONSTAR MORTGAGE LLC
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
1. When loan documents were signed XX/XX/XXXX, Borrower was only given XXXX copy of the Notice of Right to Cancel.. 
2. Nationstar, et al have refused to validate the debt when properly disputed under the Fair Debt Collections Practices Acts, but have proceeded with Foreclosure without validating the Beneficiary, or anything else requested. Debtor has submitted multiple Requests for Debt Validation. 
3. There is no Holder in Due Course of either the Note or the Deed of Trust ( " DOT '' ). After the first Notice of Default ( " NOD '' ) recorded XXXX/XXXX/XXXX # XXXX that named XXXX as Beneficiary, the first Assignment XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX recorded XXXX/XXXX/XXXX # XXXX was 3 years after the NOD, and therefore XXXX and any subsequent Assignee could not be Holder in Due Course. 
4. The latest Assignment by XXXX XXXX XXXX to Nationstar recorded XXXX/XXXX/XXXX # XXXX renders questionable how XXXX Bank XXXX. as Trustee could be Beneficiary with Standing to Foreclose5. XXXX Bank XXXX. as Trustee substituted XXXX as Foreclosure Trustee on XXXX/XXXX/XXXX # XXXX. 
6. XXXX named XXXX Bank XXXX. Trustee as Beneficiary in the Notice of Default recorded XXXX/XXXX/XXXX # XXXX. 
7. When XXXX disputed the Debt to XXXX and Nationstar, et al, specifically asking for proof that XXXX Bank XXXX. was Beneficiary after other Assignments, etc, Nationstar only sent copies of the Note and DOT with Statements. 
8. In the Dispute of Debt, XXXX asked them to validate the debt by specifically responding to a ) why XXXX online Database shows the Investor/Beneficiary is XXXX XXXX XXXX XXXX XXXX, b ) how XXXX Bank XXXX. Trustee could be Beneficiary when the latest Assignment was to Nationstar, c ) how XXXX Bank XXXX. Trustee could be Beneficiary when the first Assignment to XXXX XX/XX/XXXX showed that the Loan did not enter the Securitization Trust, because XXXX was not in the Chain of Title required for entry into the Trust according to the Pooling and Servicing Agreement ( " PSA '' ) for the MASTR ADJUSTABLE RATE MORTGAGES TRUST XXXX ( XXXX XXXX '' ) had a closing Date of XXXX XXXX, XXXX and XXXX XXXX XXXX were not in the Chain of Title, according to the PSA found XXXX XXXX ,9. The Note was first Endorsed by XXXX Bank XXXX. to XXXX XXXX XXXX XXXX XXXX, but the Chain of Title in the PSA does not allow XXXX XXXX XXXX XXXX XXXX, XXXX. 
10. Instead of verifying the Beneficiary and explaining the Assignment errors, etc, Nationstar simply substituted XXXX XXXX XXXX XXXX as another Foreclosure Trustee and had them record a Notice of Trustee 's Sale on XXXX/XXXX/XXXX as XXXX XXXX XXXX Recorder # XXXX. 
11. Plaintiff started asking for a Loan Modification about XXXX XXXX. An agent of XXXX told him they could n't help him until he defaulted in payments & advised him to default. Plaintiff subsequently relied on the agent 's advice and stopped payments, & Plaintiff has since then submitted multiple Loan Modification Applications to XXXX, XXXX XXXX XXXX, XXXX and Nationstar since then, but they always ended up denying the Loan Modification, because they lost documents that were sent. 
12. Plaintiff requested a copy of the Notice of Right to Cancel & received it by mail on XXXX XXXX, XXXX. TILA : Consummation of the Transaction occurs after all required documents are given to the Borrower, including XXXX copies of the Notice of Right to Cancel. Plaintiff sent a Notice of Rescission under TILA on XXXX XXXX, XXXX, within 3 days of Consummation. 
13. Defendants refuse to follow TILA to either return the funds or file suit within 20 days to contest the Rescission, as XXXX v. XXXX XXXX XXXX

Company response to consumer: Closed with explanation