Consumer complaint received 2019-05-27
Company: Mr. Cooper Group Inc.
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
Nationstar Mortgage, LLC illegally acquired " servicing rights '' to my mortgage from Aurora Loan Services , LLC and Aurora XXXX XXXX in XX/XX/XXXX. Aurora Loan Services , XXXX filed a fraudulent assignment of mortgage in regards to my property on XX/XX/XXXX. AURORA LOAN SERVICES XXXX was doing business as a loan originator. This assignment of mortgage was recorded 11 years after the original XX/XX/XXXX mortgage .XXXX XXXX allegedly sold my mortgage in XX/XX/XXXX to XXXX XXXX XXXX , XXXX , who in return allegedly sold the mortgage to XXXX , the note was securitized as XXXX XX/XX/XXXX XXXX. XXXX XXXX did not own the mortgage or the note when it sold both to XXXX XXXX XXXX XXXX denies the sale but a class action law suit against XXXX XXXX by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, OH XXXX shows the loan was paid in full. 
XXXX XXXX XXXX XXXX , XXXX was still collecting payments for XXXX XXXX XXXX XXXX , XXXX in XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. XXXX XXXX XXXX XXXX , XXXX was defunct in XX/XX/XXXX and no longer existed. 
An assignment of mortgage was allegedly executed on XX/XX/XXXX, which was prepared by XXXX XXXX, XXXX. The assignment of mortgage has 6 different companies involved and involves 6 different states. The assignment purports to assign the note and the mortgage to XXXX XXXX XXXX XXXX XXXX and states that XXXX XXXX XXXX XXXX XXXX paid {$10.00} for the note and the mortgage. My husband nor I did not agree to any electronic transaction and did not contract with any of the companies on the assignment of mortgage. XXXX XXXX XXXX is a known fraudulent document mill and has been ruled that this company has no right to assign or prepare assignments of mortgage. This assignment of mortgage purports XXXX   XXXX XXXX XXXX XXXX to be the sole assignee ( NOT A NOMINEE, BENEFICIARY, TRUST OR TRUSTEE ) and the owner of the note and mortgage and states XXXX XXXX XXXX XXXX , XXXX is entitled to payments and interest. This alone constitutes a breach of contract, as XXXX XXXX XXXX XXXX, XXXX does not buy or sell mortgages and does not collect payments, or hold notes or mortgages or copies of notes or mortgages. 
The assignee of the mortgage is a completely different company than the company that prepared the assignment and is also a completely different company than the company that recorded the assignment. The assignor is allegedly XXXX XXXX XXXX, XXXX f/k/a XXXX XXXX XXXX XXXX , XXXX located in XXXX, NC. The assignee is XXXX XXXX XXXX XXXX, XXXX and the address states the company is in XXXX Michigan. The company that prepared the document is XXXX XXXX XXXX, located in XXXX XXXX, Idaho. XXXX XXXX is also on this assignment as a loan XXXX top left of the assignment of mortgage. At the time this document was executed in XX/XX/XXXX and also at the time the document was recorded, in XX/XX/XXXX, Aurora Loan services , XXXX was not licensed in the state of Florida to do business in regards to mortgages. At the time the document was executed in XX/XX/XXXX and also at the time of recording, XXXX XXXX XXXX, XXXX f/k/a XXXX XXXX XXXX XXXX , XXXX was not licensed in the state of Florida to do business in regards to mortgages. In fact, XXXX XXXX XXXX XXXX , XXXX ( who was the last known owner of the note ) had been out of business for more than 2 years when the assignment was executed. This is odd since the last endorsement on the XX/XX/XXXX promissory note is by XXXX XXXX XXXX XXXX XXXX. but the assignment of mortgage was allegedly executed by XXXX XXXX XXXX, XXXX f/k/a/ XXXX XXXX XXXX XXXX , XXXX . This assignment of mortgage purports to assign the mortgage and the note to XXXX XXXX XXXX XXXX XXXX XXXX and alleges that XXXX XXXXXXXX XXXX XXXX , XXXX paid {$10.00} for the mortgage and note as the sole assignee and owner of both documents, NOT as a beneficiary or nominee. The assignment of mortgage also states that XXXX XXXX XXXX XXXX , XXXX is entitled to payments and interest. This completely goes against MERS own guidelines. My husband and I are the property owners and neither of us agreed to an electronic transaction. Neither my husband nor myself signed a contract with any of the companies on the assignment of mortgage. Mortgage assignments by a matter of law, are supposed to be prepared by the owner of the mortgage and note, not by third parties, which are in no way affiliated with the contract or the owner. This mortgage assignment is a breach of contract and is a fraudulent assignment of mortgage. This is not an original MERS mortgage. This is not an agreed to assignment of mortgage. None of the entities involved in this assignment are the original lender and none of the entities involved have ties to the XX/XX/XXXX promissory note. 
Furthermore, the assignment of mortgage shows XX/XX/XXXX XXXX XXXX XXXX , XXXX as the sole assignee, not a nominee, beneficiary, trust or trustee. 
It is my understanding that XXXX XXXX XXXX XXXX , XXXX has NO interest in the note or the mortgage and does not hold either. The promissory note and the mortgage are never encumbered by XXXX XXXX XXXX XXXX , XXXX and therefore title can not be transferred by XXXX XXXX XXXX XXXX , XXXX as the assignor to another entity. Without payment of value ( UCC Article 9-203 ( b ) ( 1 ) the encumbrance can not be enforced. This is law, not some opinion. 
Where assignments are involved, the assignment is a nullity unless the following elements are present : 1.The Assignor owns the debt or is the authorized representative of the owner of the debt, who is identified. If that condition is true then either the Assignor funded the loan or the previous party paid value for the loan. 2.The Assignor has sold the debt to the Assignee for value either through a transaction that specifies sale of the debt or through a transaction in which the note or encumbrance is purchased for value, which means money paid in hand. 3.The Assignee paid value for the debt, note and mortgage. This means that the owner of all three debt, note and mortgage are the same party. 4.Both the Assignor and the Assignee must be actual legal persons. 
This assignment of mortgage has tainted the chain of title to my property. The assignment dated XX/XX/XXXX and not recorded until XX/XX/XXXX has also tainted the chain of title to my property, as it has resulted in a fraudulent foreclosure on my homestead, which is my primary residence. The XXXX County First Judicial Court has allowed these assignments to be recorded, when they clearly do not follow the Florida Statutes requirements for Corporate Assignment of Mortgage. There is no Corporate Seal on the XX/XX/XXXX assignment. There are no witness signatures and there is no vice president or president signature. 
XXXX XXXX XXXX  XXXX, XXXX DOES NOT have a license to conduct any business in the state of Florida. XXXX XXXX XXXX XXXX, XXXX does not have the authority to transfer promissory notes or mortgages or any interest in either. 
I want justice. This is fraud and I have suffered damages by this fraudulent action and the XXXX XXXXunty land records have been tainted by these fraudulent assignments. 
NATIONSTAR MORTGAGE, LLC A/K/A MR. COOPER has stated multiple times in response to QWR that XXXX XXXX owns the note and mortgage. There is no assignment to any trust with regard to my property. Nationstar Mortgage, LLC has repeatedly stated W12005 FNMA REMIC trust owns the note and mortgage. How can a servicer still be collecting money on a " XXXX  XXXX '' loan that NEVER happened from XXXX? My mortgage and note were assigned to XXXX XXXX XXXX   XXXX, XXXX 10 years after the original mortgage and the assignment was not recorded until 11 years after the original mortgage. My mortgage is supposedly part of a XXXX XXXX XXXX Trust W1 XXXX to be exact and I find this odd since the maturity date on my promissory note is XX/XX/XXXX and the trust supposedly has a date that lasts until XX/XX/XXXX. This is 50 years after the original XX/XX/XXXX mortgage, which never had anything at all to do with any trust according to the land records in XXXX County Florida. 
Mortgage assignment was allegedly executed XX/XX/XXXX not recorded until XX/XX/XXXX. FNMA W1 XXXX closing date was XX/XX/XXXX. Assignment from XXXX XXXX XXXX XXXX , XXXX allegedly executed XX/XX/XXXX but not recorded till XX/XX/XXXX. 
Both of these assignments of mortgage are falsified documents and are void. Nationstar Mortgage, LLC knowingly added the original mortgagee to the assignment of mortgage in an attempt to create a valid chain of title to the original XX/XX/XXXX mortgage and note, when in fact, there is NOTHING to tie Nationstar Mortgage, LLC to the original mortgagee, XX/XX/XXXX note or mortgage. 
Nationstar Mortgage d/b/a Mr. Cooper has continued to pursue a debt that does not exist on a mortgage and note which are void. Nationstar Mortgage d/b/a Mr. Cooper has kept me in court for 3 years over an alleged principle balance of {$19000.00} and has run up over {$30000.00} in attorney fees. Nationstar Mortgage, LLC has been sending people to my home for months taking pictures, invading my privacy and my right to peaceful use of my homestead property. Nationstar Mortgage, LLC sent a man to my home who verbally threatened me and told me I have 25 days to get out of my home. When we ask who these people are, we were told " The mortgage company does not want me to talk to you ''. The man who threatened me said he was a realtor for the investor. When asked who the investor is, he said The client. He would not give his name or the alleged clients name. Nationstar  Mortgage, LLC DOES NOT OWN MY PROPERTY. The deed is in my name. There has not been a certificate of title issued and any further attempts to send people to my home will result in that individual going to jail for trespassing. 
Furthermore, Mr. Cooper still has not responded to the QWR which was mailed in XX/XX/XXXX. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX Mr. Cooper XXXX. XXXX   XXXX XXXX, TX XXXX Dear Mr. Cooper, I received your correspondence dated XXXX XXXX in regard to the account you have on file XXXX. In the correspondence, you have stated " Some information you have requested does not pertain directly to the servicing of the loan, does not identify any specific servicing errors, and/or is considered proprietary and confidential. Therefore, this information is considered outside the scope of information that must be provided. '' First of all, for there to be " servicing on the loan '', there has to be a loan. I have never had a loan from Nationstar Mortgage, LLC nor have I ever had a loan from Mr. Cooper. There is no loan. A loan does not exist. There are no legal documents to prove a loan exists from either company. If no loan exists, a debt does not exist. There is no document to tie Nationstar Mortgage, LLC or Mr. Cooper to any title, mortgage or note in regard to my personal real property located at XXXX XXXX XXXX XXXX, FL XXXX. 

In the correspondence, Mr. Cooper states " our records indicate XXXX XXXX XXXX   XXXX XXXX XXXX for XXXX XXXX Remic Trust XXXX-W1, is the current owner of the note. '' Federal legislation passed in XXXX ( Section 404 of the Truth in Lending Act ) requires that anyone who acquires ownership of a mortgage loan must provide the borrower with a notice that the acquirer is the new owner ( and if they use a servicing agent to collect payments, the name of the servicer ). Section 1463 of the Dodd-Frank legislation enacted in XX/XX/XXXX also requires servicers to disclose the owner of the loan within ten days upon written request from the borrower. I never received a notice from XXXX stating they are the owner of the mortgage or note. In fact, I have information to reflect that no one owns the note or has the legal right to collect on the note. 
Pursuant to Fl Rules of Civil Procedures real party in interest rule 1.210 ( a ) A servicer filing a complaint in its own name can prosecute an action as an agent of the mortgage owner and holder but the agent must present evidence that the real party in interest joined or ratified the agents action. Please provide proof that XXXX, has joined or ratified this action by Nationstar Mortgage, LLC to file a  lawsuit/foreclosure against my property. Nationstar Mortgage, LLC is not the real party in interest, as your records indicate that XXXX is the current owner of the alleged mortgage. There is no mortgage executed in the name of XXXX or a trust, nominee, beneficiary or trustee. Nationstar Mortgage, LLC executed an assignment of mortgage as the assignor and assignee to itself from XXXX XXXX XXXX XXXX , XXXX, which is not authorized by corporate resolution from XXXX   XXXX XXXX XXXX , XXXX. The unauthorized corporate assignment omits the corporate seal of XXXX XXXX XXXX XXXX XXXX and also omits the signatures of two witnesses. The Corporate seal of the assignor and the signature of two witnesses are a requirement to transfer interest to real property or to assign a mortgage in the state of Florida. 
The correspondence also states that we agreed to elect XXXX XXXX XXXX XXXX XXXX at the origination of the loan as nominee. Your records are incorrect. The loan was originated with XXXX XXXX  in XX/XX/XXXX. The assignment of mortgage to XXXX XXXX XXXX XXXX, XXXX occurred in XX/XX/XXXX and was not recorded until XX/XX/XXXX. It was recorded by Aurora Loan Services , XXXX, who did not have a license in the state of Florida and who did not, does not and never did own the note or the mortgage. XXXX XXXX XXXX and XXXX XXXX XXXX did not agree to any assignment of mortgage to XXXX XXXX XXXX XXXX XXXX. The XXXX County land records indicate that Mortgage XXXX XXXX XXXX XXXX XXXX is the SOLE ASSIGNEE AND OWNER OF THE MORTGAGE AND THE NOTE AND THAT THEY ARE THE ONLY PARTY WHO OWNS THE NOTE AND THE MORTGAGE.

There is no true creditor. Pursuant to the FDCPA, Nationstar Mortgage, LLC is a debt collector who is attempting to collect on a debt that does not exist and which has no true creditor. Nationstar Mortgage, LLC acquired the " servicing rights '' from a company ( Aurora Loan Services , LLC ) who did not own the loan and did not have a license in the state of Florida to do business as a mortgage servicer. Aurora Bank XXXX reported that the balance on the alleged loan is zero. In order for Nationstar Mortgage, LLC to collect on the alleged debt, Nationstar Mortgage, LLC would have to have purchased the debt from a seller with the authority to sell it. 
The original loan in regard to this property was an XXXX loan. Nationstar Mortgage, LLC a/k/a Mr. Cooper has never paid any XXXX insurance on the account you have on record as XXXX. There is no XXXX insurance and there has not been FHA insurance since 2006. There is no loan. The account number you have on file is a fictitious account number made up by Nationstar Mortgage, XXXX in an attempt to collect on a debt that does not exist. Sending me records of the fictitious account number created by Nationstar Mortgage, LLC showing debits and credits from an account number that is not the original loan number associated with the original mortgage proves nothing. Prove the debt exists. 
Furthermore, there is no documentation in regards to a trust associated with my property and the note was endorsed in blank by an unauthorized party using the title " attorney in fact ''. There is no power of attorney. To endorse a note as " attorney in fact '', there has to be a recorded power of attorney with 2 witness signatures, and a notary signature giving the agent power to act for the principle. Fannie Mae selling guide indicates that no endorsement of a promissory note can be delegated to an " attorney in fact ''. NO BANK will accept a promissory note endorsed by an " attorney in fact ''. 
The promissory note Mr. Cooper is attempting to collect upon is void due to the unauthorized signature. The mortgage document filed as the original contains a forged signature by the use of color aid. 
My mother is dying. She is home hospice and I am her sole care giver. Nationstar Mortgage, LLC a/k/a Mr. Cooper has continued to pursue a debt which does not exist when there is no secured creditor and the mortgage contract was breached by forgery and the note is void. Mr. Cooper has caused me to lose precious time with my family that I can never regain over lies and a fraudulent foreclosure on a debt that does not exist. 
Nationstar Mortgage, LLC changed its tarnished name to Mr. Cooper in hopes of gaining the trust of the American people and in an effort for people to relate to the company as a friendly neighbor or common person. You can change your name but you can't change the fact that your company is built upon fraud, forgery, lies, deceit, fraudulent documents and tearing apart the lives of people who don't legally owe you a dime. The truth is coming. Mr. Cooper can't hide behind its name change forever and eventually, karma finds everyone. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation