Consumer complaint received 2018-05-08
Company: NATIONSTAR MORTGAGE LLC
State: NH
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process

Complaint:
I took out a second mortgage with XXXX in XX/XX/XXXX. I filed Chapter XXXX Bankruptcy on XX/XX/XXXX. That bankruptcy was discharged on XX/XX/XXXX. I continued to make payments on this XXXX mortgage from XX/XX/XXXX forward. I did not receive ANY statements from XXXX until XX/XX/XXXX. The contents of that statement were as follows : I called XXXX and we had a three way conversation with my bank that made all of the above payments, XXXX XXXX XXXX. XXXX subsequently told me in a telephone call which I tape recorded : The one statement was in my online portal & not mailed to me. 

" You are late on your Home Equity Loan payments. Failure to bring your loan current may result in fees and foreclosure - the loss of your home. As of XX/XX/XXXX, you are 369 days delinquent on your Home Equity Loan. Recent Account History : Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Payment due XX/XX/XXXX : Unpaid PMT balance {$230.00} Current Payment Due XX/XX/XXXX : {$230.00} '' TOTAL PAYMENT DUE : {$3300.00} Note : XXXX then turned the servicing over to Nationstar but just notified me by letter dated XX/XX/XXXX which I have yet to receive via mail ( but which is in my XXXX XXXX ). 

This was the FIRST notice I EVER received that I was allegedly late in any payments. To make matters more confusing, XXXX engaged in a three-way call with me with the Bank who writes my automatic payments to XXXX : XXXX XXXX XXXX. XXXX confirmed all these payments the statement indicated were late were indeed made and XXXX demanded proof which was sent directly by the Bank. XXXX subsequently told me during repeated and recorded phone calls that this statement was sent in error and that I should ignore it. I have tapes of several employees stating that there was a note on my account that the statement was in error. I wish to turn recordings over to CFPB, as my state is a one party consent state & I told the reps that I was recording the calls. One rep even told me that they would use the statement as an example to share with other managers. '' The payments they were alleging that were overdue ( the last 13 months ) were all paid. At no time did they tell me that the statement was correct. I called every day from XX/XX/XXXX to XX/XX/XXXX. I was told not to worry about the statements. I received a " welcome call '' from XXXX, my personal banker at the new servicer, Nationstar Mortgage. XXXX stated she did not see any foreclosure scheduled. Imagine my surprise when I received a certified letter at the property and at my Maine address which amounted to a foreclosure DEMAND LETTER. I have been given 30 days to pay the above amount, even though they can not tell me which months are in fact not paid. Since my Chapter XXXX was discharged in XX/XX/XXXX, why did I JUST start receiving statements NOW, a full 13 months after they claim all payments I made were overdue? Why is it OK to start sending me statements NOW? I was told that they didn't send me statements before due to the Ch XXXX, even though I ASKED for them, but they refused to send them. If you go into the account history, it is clear that they did not provide me with ONE statement in the last ten years except the one beginning in XXXX/XXXX of this year. How am I supposed to research these alleged missing payments that they are hinting were as long as eight or nine years ago if my bank no longer has statements available? Why did XXXX fail to inform the Bankruptcy Court that I was late at ANY time? When they filed their proof of claim, they stated I was current in the mortgage. They just subordinated the loan to XXXX, so that XXXX could offer a lower interest rate. If they thought they were going to foreclose, why would they subordinate their first place in line for foreclosure to a much larger mortgage? XXXX also failed to do the following : 1. XXXX failed to provide me with monthly statements. It was required to because it is also holding me liable for those months and actively collecting a debt, including making demand via certified letter. Therefore, they should have sent statements once he Ch XXXX was over. Thus, they are liable for failing to follow the PERIODIC STATEMENT RULE. My XXXX portal shows that not one statement was sent to me in many years and the Bankruptcy records show that they never sought relief from the Court or notified them of any alleged arrearage. 

2. XXXX has failed and refused to give me accurate statements showing which month I am actually missing payments. Moreover, I have found that months they claim I am overdue have payments they did not post, such as late XX/XX/XXXX and early XX/XX/XXXX. They never properly credited missing payments. 

3. XXXX told me they CHARGED OFF this account 6 months after it entered into Ch XXXX bankruptcy. It now is CHARGING IT OFF AGAIN in late XX/XX/XXXX. How can an account be charged off twice? When did this company charge this acct off with the IRS? 

4. As stated above, XXXX repeatedly told me to ignore a statement telling me I could lose my home. They JUST turned this over to a new servicer who has a one star rating with every reputable rating site and who will not return my calls. Nationstar has a policy of providing customers one point of contact which would be great if that POC was not avoiding me. As of this writing, XXXX XXXX has failed and refused to return my call and all requests for supervisor call backs have been ignored -- AND THIS IS AN ACCOUNT going to foreclosure! 

5. It is manifestly unjust to fail and refuse to send statements providing procedural due process and the ability to verify facts. This refusal to send statements has been over 8 years. I am now severely prejudiced by the failure of my bank to be able to reach back to the inception of the loan to play a guessing game as to which payments were not posted. I had an attorney during XX/XX/XXXX to XX/XX/XXXX and that attorney could have received statements on my behalf. This was not done. I am irrevocably harmed by XXXX 's insistence that I ignore the statements and further their failure to investigate which months were in fact behind. When I showed proof that there were errors in not crediting the account, such as last fall, they did not correct this. 

6 XXXX failed to notify me in a timely manner that it was turning the servicing over to Nationstar. Before the ink was dry on Nationstar 's letter to me notifying me of the change, they had already drafted a Demand Letter as a precursor to a Foreclosure action in NH, a non-judicial foreclosure state. Nationstar cares nothing about working out the true facts, will not speak to me, and my phone records document both incoming and out going calls-they have failed to return calls at all as promised. Nationstar is nothing more than an aggressive debt collector for XXXX. I have been a member of XXXX for 33 years and deserve better treatment than to be lied to -- in fact we all do. Further, I am a XXXX  XXXX XXXX veteran and a female veteran. I feel strongly that my age, gender and ableism has set me up as a mark for Nationstar to try to take my home. This is proven by the fact that they do not even give me the courtesy of a return call. This is especially outrageous because both XXXX and Nationstar told me that I was not going to foreclosure verbally. The tape recordings tell a different story. 

I request that the CFPB investigate my allegations of wrong doing and discrimination. I further request that the CFPB take custody of the tape recordings, made legally and in the furtherance of my efforts to resolve this dispute. They put an end to the " he said-she said '' question and prove that I was lied to and given a false sense of security so that Nationstar could foreclose when I was least prepared. I am asking that action be taken against individuals who made material misrepresentations of fact in furtherance of a scheme to defraud the debtor. I further ask that XXXX be sanctioned for not following the Periodic Notice Rule given that they held a lien which they intended to enforce. It is well settled in the law that if a creditor seeks to enforce a claim then it must provide proof that it provided adequate notice of the claim, including periodic statements. No statements since the beginning of XX/XX/XXXX is inexcusable. 

I ask that CFPB intervene in the actions of Nationstar to immediately foreclose. I have not been given ANY proof as to what months are actually owed, if any, and yet Nationstar is going forward with a foreclosure notice, using false dates of delinquency. The use of these dates, which they know to be false, should further cause them to be liable for a violation of the law and standards of fair play and equity. I ask that the CFPB assist me in ascertaining what sum, if any, is actually due since many bank records are no longer available. 

Wherefore, I respectfully ask CFPB to obtain each and every recording, communication, statement, letter, email, whether to myself as the debtor or to XXXX as the loan owner or to Nationstar as the subservicer. I believe it will show a pattern of disregard for sound record keeping. 

I further attest that each and every allegation reported herein is the truth and that I am willing to have my statement taken under oath.

Company public response: Company believes complaint represents an opportunity for improvement to better serve consumers
Company response to consumer: Closed with explanation