Consumer complaint received 2022-01-17
Company: Mr. Cooper Group Inc.
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Florida XXXX XXXX imposes nonrecurring taxes on obligations today money secured by the mortgage on any Florida property. This intangible tax is due even if the mortgage or XXXX is not recorded or filed. The lender is the taxpayer for the nonrecurring intangible tax. If the mortgage is not recorded within 30 days of the date the obligation is secured by the mortgage, the tax payment is to be made directly to the Florida Department of revenue. 

Florida Chapter 12B-4.051- Imposition of tax requires that taxes be imposed on a renewal note. XXXX. XXXX ( XXXX ) defines renewal note as ... ..modifications of original document which change the terms of the indebtedness evidenced by the original document by adding one or more obligors, increasing the principal balance. 

Pursuant to XXXX XXXX, nonrecurring taxes are imposed on a loan modification where the loan increases. The statute triggered upon any loa increase whether recored or not. Conveyances that are not subject to tax are those where there is no loan balance increase or where only the interest rate changes. See Chapter 12B-4.014. 

Mr Cooper are not only our mortgage servicer but also the financial institution that offer the loan modification back in XX/XX/2016. Mr cooper are also the party who initiated the foreclosure lawsuit under the investor 's name XXXX XXXX XXXX. Under Florida caselaw a loan modification is a novation to the original contract... XXXX Florida caselaw XXXX XXXX XXXX Bank of XXXX XXXX The first page of the new contract ( Loan Modification ), reflect that the lender added new money to the original terms in the amount of {$110000.00}. Pursuant to Florida Chapter 12B-4.051- Taxes are imposed on a renewal note, and section XXXX ( XXXX ) defines renewal note as a loan modification that contains a loan increase. Mr Cooper failed to pay the imposed taxes on the portion of the loan increase therefore the loan modification does not have any enforcement in any court room in the state of Florida ... .for further clarity. See Florida statutes XXXX ( XXXX ) ( b ) - The mortgage, trust deed, or other instrument shall not be ENFORCEABLE in any court of this state as to any such advance unless and until the tax due thereon upon each advance that may have been made thereunder has been paid. '' XXXX ( XXXX ) - '' No mortgage, deed of trust, or other lien upon real property situated in this state shall be enforceable in any Florida court ... until the nonrecurring taxes due on future advances, has been paid and the clerk of circuit court collecting the tax has noted its payment on the instrument or given other receipt for it ''. 

Mr Cooper assuming that after reviewing this complaint you decide to comply with these Florida statutes, please know that XXXX will not accept for recording because the instrument was not notarized. See attached XXXX mortgage requirements, unless notarize the instrument can not be accepted for recording. Assuming that you illegally record pay someone at the clerk office and somehow are able to record be aware you'll be engaging in public corruption... .please convey this to your lawyer. The loan modification does not reflect the legal description to the subject property and therefore unless is fixed judgment can not be entered ... .see Florida caselaw ... Fed XXXX XXXX XXXX XXXX XXXX Mr Cooper, the fact that you failed to pay the nonrecurring taxes based on the new portion of the loan increase rendered the instrument unenforceable ion any court room of this state... the argument does not require to be part of the affirmative defenses ... ..all i have to do is mentioned the statutes to the court. The court does not have jurisdiction over the matter and you lose. Before the trial starts I am going to strike it... court does not have jurisdiction. Your XXXX lawyer plead to a breach of contract of the loan modification. A loan modification that does not have any enforceability, read it again and again until you get it. You have 3 days to offer a new loan modification otherwise you are going to lose at trial.

Company response to consumer: Closed with explanation