Consumer complaint received 2015-05-30
Company: NATIONSTAR MORTGAGE LLC
State: OH
Product: Mortgage
Sub-product: FHA mortgage
Issue: Settlement process and costs

Complaint:
In the Matter of : XXXX XXXX XXXX XXXX XXXX XXXX , CA XXXXAccount Number # XXXX XXXX # XXXXXXXXAcc # XXXXCorrespondence Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXXNationstar Mortgage LLCXXXX XXXX XXXX XXXX, XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXXHOMEOWNER COMPLAINTThe Home-owner is making this complaint as the Home-owner alleges that the Servicer and bank has caused certain improper mistakes to occur and committed other actions with respect to the title and the rights of the home owner, upon a default. 


NationStar Mortgage LLC filed a Declaration Pursuant to Civil Code 2923.55 ( c ) in which it stated that it has made diligent efforts to offer the home-owner a proper arrangement to avoid foreclosure, when a default occurs. See Exhibit A Declaration of Mortgage Servicer. The Declaration as a condition precedent is not Genuine based on many factors as the servicer did not contact the Home-owner to make any arrangement to avoid foreclosure as is required in this matter. 


The said exhibit is also not genuine as the very signature is a scribble mark by an unknown person who is not properly identified as he executed the document. The printed name of the declaration is illegible, the effect of these mistakes attest to the alleged improper actions of the servicer that the home-owner was not given the chance to avoid this action for such a small amount of money and a relatively young default. 


Specifically the Home Owner Bill of Rights, in part as seen below states : The Homeowner 's Bill of Rights ( Civ.Code, 4 2920.5, 2923.4-.7, 2924, 2924.9- .12, 2924.15, 2924.17-.20 ) ( " HBOR '' ), effective XXXX XXXX, XXXX, was enacted " to ensure that, as part of the nonjudicial foreclosure process, borrowers are considered for, and have a meaningful opportunity to obtain, available loss mitigation options, if any, offered by or through the borrower 's mortgage servicer, such as loan modifications or other alternatives to foreclosure. '' ( 2923.4. ) Among other things, HBOR prohibits " dual tracking, '' which occurs when a bank forecloses on a loan while negotiating with the borrower to avoid foreclosure. ( 2923.6. ) HBOR provides for injunctive relief for statutory violations that occur prior to foreclosure ( 2924.12, subd. ( a ) ), and monetary damages when the borrower seeks relief for violations after the foreclosure sale has occurred. ( 2924.12, subd. 


The Assignment of Deed of Trust filed on XXXX XXXX, XXXX is also defective and therefore is not genuine, for several reasons, at Exhibit B Assignment of Deed of Trust the document being dated XXXX XXXX XXXX was filed with the court many years after the specific trust in which it was assigned too had closed, this is basic California as seen in the XXXX Case. The Document is void and therefore not genuine. 


The Name of the securitized trust is XXXX, AS INDENTURE TRUSTEE FOR XXXX XXXX XXXX XXXX, the trust closed in XXXX. The assignment at Exhibit pro-ports to make a transfer many yesrs after the trust has been closed, the entry is void. The effect of this improper as the home owner alleges it, results in broken chains of title and illegal actions against the homeowner. 


The homeowner has asked the servicers certain question in the form of a QWR. See Exhibit C, QWR.

Company response to consumer: Closed with explanation