Consumer complaint received 2021-10-16
Company: Mr. Cooper Group Inc.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I purchased my condo in XXXX and it was an FHA loan. 

The lender at the time was XXXX, who went belly up and then XXXX got my loan. A few years after that Mr. Cooper became the servicer of my loan. ( Please be advised that I have never refinanced, modified or done any such thing with my mortgage loan ). 

In XXXX, I was applying for a loan modification or short sale after the real estate marked crashed, and my property was inadvertently foreclosed. XXXX XXXX purchased my home, however, remember, I have never refinanced nor signed any documents regarding my home, so it should in fact still be an FHA loan which is what it was when I purchased my home. 

My home should have never been foreclosed on because I had filed XXXX XXXX Bankruptcy, however, from what I was informed by the lender, the person handling my account, mother was in emergency and no one had her password to stop the foreclosure sale. 

The foreclosure sale was rescinded and my property went back into my name. 

The reason that I'm contacting you now, Mr. Cooper who is the servicer, ( I guess ), of my mortgage loan, and I put a forbearance agreement during the Pandemic whereby any arrears would be placed at the end of my loan. 

In XXXX, when Mr. Cooper would not provide an extension for the forbearance that was put in place, ( they said that my property would not qualify because I did not have a government secured loan. Again, I should still have the FHA loan that was obtained when I purchased the property because I have ever refinanced, or anything. Mr. Cooper wanted my entire loan balance to be paid in full ). 

I then told Mr. Cooper that I wanted to do a loan modification. Mr. Cooper informed me that I could only qualify for a short sale, or deed in lieu. 

Well, I " was not '' going to do a deed in lieu and told Mr. Cooper that I wanted to do a short sale so they approved me for that around XX/XX/XXXX. 

In XX/XX/XXXX, ( which is our rainy season here in CA ), I learned that my condo had mold after the two units below me had flooded. [ Our condo building had just gotten a new roof in XXXX ], and that needed to be remediated prior to me putting my home on the market. 

I informed Mr. Cooper of all the details involving this serious matter regarding the mold in my home, in addition to letting them know that I was waiting for my insurance provider to approve my claim for mold remediation work to take place. 

I did not get approval for my insurance claim for the mold remediation work until about one month ago from my insurance provider, and the mold remediation work is now completed as of Monday, XX/XX/XXXX, of this week. Now, I'm waiting to have drywall, etc. finished. ( mind you I had to move out of my home and have been at a hotel since XX/XX/XXXX, waiting for the claim to be approved by my insurance provider because I was getting sick from the mold ). 

Mr. Cooper was always in the loop of what was going on regarding the mold issues with my home and my waiting to have my insurance provider approve the claim. ( I was unemployed at the time. I received a trustee sale notice with a sale date of XX/XX/XXXX. I contacted Mr. Cooper at least 20 days prior to the trustee sale date asking for a postponement/cancellation but to no avail. 

During this 20 day period prior to the foreclosure sale date, I spoke with Mr. Cooper and they referred me back to the trustee, XXXX. I spoke with XXXX, and they referred me back to Mr. Cooper stating that Mr. Cooper would be the one to make that determination. ( Mind you, I already knew this ) but I was taking instructions from both Mr. Cooper and the trustee, XXXX. 

Nevertheless, since I wasn't getting anywhere with Mr. Cooper, on XX/XX/XXXX, I filed a Chapter XXXX Bankruptcy. 

The next day, ( XX/XX/XXXX, the scheduled sale date, I was checking in with the XXXX, and I was informed that my property had been foreclosed on and gone to Auction. 

Quality informed me that here were no takers at Auction ( it was too high, I know this - {$630000.00} beginning offer amount, so afterwards, my property went back to the lender ) I also informed Quality on XX/XX/XXXX, the foreclosure date, that my property should have never gone into foreclosure because I had filed bankruptcy, on XX/XX/XXXX, and forwarded them a copy of the filing on that day. I also forwarded a copy to Mr. Cooper. 

I have been in constant communication with XXXX and they informed me that they were working with Mr. Cooper on getting the sale rescinded. It's now been over 4 weeks now, and to date, this process and Notice for Rescinding of Foreclosure sale has not occurred! 

To date, my property has not been rescinded back into my name, and it shouldn't take all this time for Mr. Cooper to do whatever they need to do to make that happen! 

Please be advised that I also have a meeting of creditors scheduled for XX/XX/XXXX, in which the BK trustee is talking about changing my case to a Chapter XXXX ( therefore there would be no protection for my home ), etc. 

Help!!!

Company response to consumer: Closed with explanation