Consumer complaint received 2020-01-23
Company: Mr. Cooper Group Inc.
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX I received a denial letter from Mr. Cooper dated XX/XX/XXXX stating they were unable to review my loan modification assistance application because my application was incomplete. On XX/XX/XXXX Mr. Cooper foreclosure attorney sent out foreclose sale date for XX/XX/XXXX. Mr. Cooper committed dual tracking and failed to review my loan application by falsely claiming my application was incomplete when in fact it was complete. 

I received a call from XXXX from Mr. Cooper my point of contact on XX/XX/XXXX stating I was missing documents. I asked her to email the list of documents and she stated instead she would send the missing document list by mail but emailed me the XXXX form on XX/XX/XXXX. 

On or around XX/XX/XXXX I received a letter from Mr. Cooper dated XX/XX/XXXX stating a review was conducted for a loan modification and Mr. Cooper asked for XXXX and a start and end date for my lease. I email the additional documents to XXXX on XX/XX/XXXX that included XXXX and my monthly rental lease for start and end date. 

I received another missing document from Mr. Cooper on or around XX/XX/XXXX dated XX/XX/XXXX. So, I called because I was confused on why they were asking for the same thing but this time a schedule e. The representative stated a request for another XXXX because the one I received from XXXX my point of contact from Mr. Cooper on XX/XX/XXXX via email was XXXX XXXX version and it should have been the XXXX XXXX version and they asked for a letter stating my lease didnt start in XX/XX/XXXX even though the lease clearly stated the start date was XX/XX/XXXX. 

Mr , Cooper committed dual tracking on XX/XX/XXXX by starting a new foreclosure proceedings against my property while reviewing my home for a loan modification. Mr. Cooper asked me for additional documents on XX/XX/XXXX and without allowing reasonable time to submit the additional documents under CFPB they decided to start foreclosure proceedings three days later. 

On XX/XX/XXXX I emailed additional documents to XXXX that included the XXXX XXXX version and letter of explanation for my monthly room rental lease. 

On XX/XX/XXXX I spoke to XXXX from Mr. Cooper she confirmed Mr. Cooper received my additional documents on XX/XX/XXXX and XX/XX/XXXX via email. But stated my XXXX XXXX version wasnt accepted because I wrote my loan number on top of the page which is an error. Due to the fact, I was told by Mr. Cooper and previous servicer to place my loan number on top of all pages of loan application and supporting documents in the event my documents are lost or misplaced. In addition, she stated my lease was not good because it doesnt state an end date, and this was an error. 

On XX/XX/XXXX I called Mr , Cooper again to state I am not able to go on Mr. Cooper website to check my loan modification documents on Mr. Cooper website. The websites states once I put 0 in front of my loan number its still not working. But this time I was told by a different Mr. Copper representative that since my home is in foreclosure, I was not allowed to review my loan documents online and this is an error. 

So, I asked the agent if she could let me speak with her XXXX and she transferred me over to management. I began speaking to Mr. Cooper representative XXXX XXXX out of Texas regarding my issues of not being able to get on Mr. Cooper website to check my loan documents. XXXX stated I was locked out while in bankruptcy which was more than 2 years ago but should not be locked out anymore and that he would send me a link to register again but I never received it via email. 

XXXX started reading my loan documents and stated my file was not reviewed for a loan modification because I never stated the start and end date of my lease. I stated to XXXX that is an error due to the fact my lease clearly states I receive monthly payments of {$350.00} and under the terms of my contract as a month to month with a start date of XX/XX/XXXX. The lease never gave an end date because its a month to month lease and my rental receipts show I receive payments monthly and all parties signed making the agreement binding under Georgia law. 

Mr. Cooper clearly committed an error in asking me to clarify a start date and end date from my lease. My lease I sent with my initial application on XX/XX/XXXX speaks for itself. Mr. Cooper failed to review my loan modification fairly by asking for items that they already had in their possession. 

For, example my lease states my start date in XX/XX/XXXX therefore, why should I need to write a letter stating my lease didnt start in XX/XX/XXXX. In addition, my lease terms state my tenant pays a monthly room rental rate of {$350.00} the first of every month. Therefore, the lease end date is month to month. I sent my lease two times and spoke to three different representative and no one said to write a letter re-stating my lease is month to month and it clearly states I receive {$350.00} per month. 

In addition, a new request in the XX/XX/XXXX letter states, not received Schedule E. Mr. Cooper received my lease and the start date clearly says XX/XX/XXXX therefore, why would Mr. Cooper request a Schedule E. Especially since Mr. Cooper acknowledge receiving my complete tax returns on the same page. My tax return clearly doesnt list a schedule E or room rental income and my lease start date is after the tax return, and my next tax return is not due until XXXX and at that point I can add my rental income on the schedule XXXX form. 

In regard to Mr. Cooper claims my lease doesnt provide an end date is not correct, my lease clearly states its a month to month with no end date. Under the terms of my lease it states tenant shall pay {$350.00} per month on the first date of each month and this is what I stated on my loan modification application as a monthly income. 

Mr. Cooper is supposed to follow the laws of Georgia when reviewing my loan modification application according to CFPB. My lease clearly states I shall receive a monthly rental payment of {$350.00} on the first date of each month and I provided three monthly payments I received from my to Mr. Cooper.

According to Georgia law the lease I provided to Mr. Cooper states the terms is monthly payments of {$350.00} due 1st of each month signed and dated on XX/XX/XXXX by myself and my tenant making this a binding contract under Georgia law as a month to month lease. 

Mr. Cooper failed to recognize my end date is a month-to month tenancy is a periodic tenancy wherein the tenant rents from the owner on a monthly basis. This type of tenancy is most commonly found in residential leases. Mr. Cooper erred and not accepting my terms of my lease claiming no end date was specified and wrongly claimed my file could not be evaluated for a loan modification. 

Mr. Cooper received my timely complete application and requested additional documents and receive them timely under CFPBs this new rule clarifies that, if a servicer has already made the first foreclosure notice or filing and receives a timely complete application, servicers and their foreclosure counsel must not move for a foreclosure judgment or order of sale, or conduct a foreclosure sale, even if a third party conducts the sale proceedings, unless the borrowers loss mitigation application is properly denied, withdrawn, or the borrower fails to perform on a loss mitigation agreement. 

CFPB states that although the servicer may need additional information at a later date to evaluate the application, in which case the servicer will request that information from the borrower and give the borrower a reasonable opportunity to submit it, the evaluation process may take longer. 

Here in my loan modification application review with Mr. Cooper they sent me a request for additional documents on XX/XX/XXXX. I sent the requested documents to Mr. Cooper via email on XX/XX/XXXX less than 30 days. Mr , Cooper sent another additional document request on XX/XX/XXXX and I sent the documents to Mr. Cooper via email on XX/XX/XXXX less than 30 days. Mr. Cooper then start foreclosure on XX/XX/XXXX three days after they sent my additional document request.while reviewing my file for a loan modification and this behavior is dual tracking and unfair.. 

In addition, Mr. Cooper reason for stating my loan modification was incomplete was not true. My lease terms states its a month to month under Georgia law. Also, my XXXX needed to be sent twice due to the fact Mr. Cooper asked me to complete the XXXX XXXX version instead of the XXXX XXXX version was their error. Mr. Cooper then refused to accept the XXXX XXXX version because I wrote my loan number on top of the page. These are unfair reasons to state my file was not complete and denied me the opportunity to be reviewed for a HAMP loan modification.

Company response to consumer: Closed with explanation