Consumer complaint received 2015-06-01
Company: NATIONSTAR MORTGAGE LLC
State: OR
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I am writing this letter to the CFPB as well as the DOJ and other government regulatory agencies to address the recent information and documentation that has just come to light. Through my extensive research, this complaint against XXXX will address both the false foreclosure proceeding that took place back in XX/XX/XXXX as well as the validity of the Note attached and used to perpetuate false foreclosure presented to the courts. 

First, let 's address the false foreclosure and in order to begin the inquiry, I call your attention to the attached Assignment of Deed of Trust dated XX/XX/XXXX. This document alone might not stir up any concern or cause regarding false foreclosure but coupled with the attached Motion for Relief from Automatic Stay, it provides evidence that reinforces the claims of false foreclosure due to the fact that the Motion was filed prior to the Assignment. 

( ILLEGAL MOTION FOR RELIEF FILE BY XXXX XXXX ) PLEASE PROVIDE A DETAILED EXPLANATION AS TO HOW XXXX XXXX XXXX XXXX XXXX XXXX COULD LEGALLY FILE A MOTION FOR RELIEF FROM AUTOMATIC STAY IN XX/XX/XXXX AND BE GRANTED THE RELIEF IN XX/XX/XXXX WHEN THE ASSIGNMENT OF DEED OF TRUST FROM XXXX TO XXXX XXXX XXXX XXXX XXXX XXXX WAS NOT EXECUTED UNTIL XX/XX/XXXX PER THE ATTACHED. 

Next, let 's address the Note that was not only attached to the Motion for Relief from Automatic Stay by XXXX XXXX XXXX XXXX XXXX XXXX but has also been used in an attempt to validate XXXX XXXX XXXX XXXX XXXX XXXX 's right to collect the debt, which I have and will continue to challenge. 

In reviewing the attached Note, it is transparently clear that the Note states a promise to pay {$270000.00} with a corresponding interest rate of 7.125 % but it is also transparently clear that this is also a Residential Construction Loan that has verbiage contained within as follows : NOTICE TO BORROWER : THE INTEREST RATE INDICATED ON THE FACE OF THE NOTE EXECUTED AT THE INITIAL CLOSING MAY NOT BE THE ACTUAL RATE AFTER CONVERSION OF THE LOAN FROM THE CONSTRUCTION PHASE TO THE PERMANENT PHASE OF THE LOAN. ... THE FINAL RATE WILL BE REFLECTED IN A MODIFICATION AGREEMENT TO BE EXECUTED AT THE CONVERSION DATEXXXX XXXX presented an invalid Note to the courts to remove the mortgage loan from bankruptcy even though Nationstar continued to send me mortgage statements like the XXXX attached for XX/XX/XXXX that reflect not only a different interest rate ( Note states 7.125 % and mortgage statement states 6.250 % ) but also reflects a different loan origination amount per the payment received in the payment history provided by Nationstar in XX/XX/XXXX. 

Therefore, XXXX XXXX XXXX XXXX XXXX XXXX perpetually and continually utilized an invalid or false Note to perpetuate wrongful foreclosure of the property prior to their assignment as the Investor/Owner/Trustee of my mortgage loan and legal right to do so ; this would be construed as a false and wrongful foreclosure now in multiple ways since XXXX XXXX lied to the court as to their right to foreclose. 

XXXX XXXX XXXX XXXX XXXX XXXX can continue to dance around these wrongful and false foreclosure issues but sooner or later, XXXX XXXX XXXX XXXX XXXX XXXX will have to answer these questions as to why they lied to the courts and how they had the right to remove my mortgage loan from bankruptcy prior to their assignment as the Investor/Owner/Trustee. 

Thank you in advance for your time and consideration with this matter

Company response to consumer: Closed with explanation