Consumer complaint received 2019-12-24
Company: Mr. Cooper Group Inc.
State: NJ
Product: Mortgage
Sub-product: VA mortgage
Issue: Closing on a mortgage

Complaint:
Nationstar Mortgage LLC/dba Mr. Cooper and real estate licensed transactional brokers failed to perform an audit of their compliance with the VA Home Loan Guaranty VALERI system of record and have violated multiple provisions of the Servicemember Civil Relief Act ( SCRA ). The SCRA was designed to protect XXXX  XXXX  servicemembers and families, like mine, during times of service. 

Financial institutions and transactional mortgage brokers that violate the law repeatedly and substantially are not making serious enough efforts to report accurate information or enforce the provisions under the Servicemember Civil Relief Act ( SCRA ). Nationstar Mortgage LLC/dba Mr. Cooper compliance systems are flawed, and generated VA backed mortgage lending account data with significant, preventable errors. Nationstar also failed to maintain detailed SCRA and VA Home Loan Guaranty data collection and validation procedures, and failed to implement adequate compliance procedures since the mortgage servicer account dispute began in XXXX. 


On or about XX/XX/XXXX, XXXX and XXXX XXXX closed on the purchase of a residential property located at XXXX XXXX XXXX XXXX XXXX, XXXX, OK XXXX. The loan was a Department of Veteran Affairs Home Loan Guaranty ( VA ) backed loan. XXXX and XXXX XXXX were married and both were military veterans at the time of closing on the property. The primary borrower was pre-selected as XXXX XXXX, and XXXX XXXX co-signed as a VA Rider status on a residential mortgage originated by XXXX XXXX XXXX XXXX, serviced by MERS, also known as XXXX XXXX XXXX   XXXX, XXXX  f/k/a XXXX XXXX XXXX XXXX XXXX ( C.D. Cal. ). Shortly after closing XXXX services mortgage loans became a wholly owned subsidiary of XXXX  XXXX XXXX XXXX. 

XXXX- XXXX, Oklahoma licensed realtor and transactional broker XXXX XXXX , also doing business as XXXX XXXX failed to close on a contracted agreement ( or collect good faith funds from a no-show buyer ) on the residential property. On the same day, XXXX XXXX/dba XXXX XXXX XXXX/XXXX  XXXX offered contingency options to quit claim deed the property on the sport or have at least one owner of the property sign a 3-year rental management agreement while under financial duress. 

XXXX- XXXX, XXXX County , Oklahoma , a court issued divorce decree awarded the VA backed mortgaged property and its interest in the free and clear of any title or mortgage to XXXX XXXX ( ex-wife/plaintiff in court records ). The court order included a clause to which the divorce decree could be used as a conveyance tool for enforcement purposes. Notice of the awarded property interest to XXXX XXXX and a copy of the divorce decree were submitted to the mortgage servicer ( XXXX  XXXX XXXX ) as required for a major event update to the VA home loan guaranty VALERI system of record, and the property manager XXXX XXXX/dba XXXX XXXX. 

XXXX XXXX, XXXX XXXX XXXX operating as the mortgage servicer, required the divorce decree be submitted to the XXXX County Clerks office in order to have the awarded property equity, and successor in interest status recorded for the purposes of the deed, title, and transfer of ownership. 

XXXX- XXXX, XXXX XXXX re-married and provided notice with forwarding address and copies of the official legal documentation to transfer financial accounts, government identification, and property interests into the legally changed name XXXX XXXX . 

In XX/XX/XXXX, XXXX XXXX was contacted by the residential occupants ( also known as the only other tenants or renters besides the owner ) of XXXX XXXX XXXX XXXX XXXX. The occupants disclosed XXXX XXXX/dba XXXX XXXX  was in possession of several months of mail and delivery notifications sent from mortgage servicer XXXX  XXXX XXXX and the addressed financial and legal enclosures were explicitly sent to XXXX XXXX. 

Follow up with XXXX XXXX/XXXX  XXXX  confirmed the transactional broker XXXX XXXX had withheld mail and also disclosed a Lis Pendens petition had been filed with the XXXX County court clerk in XX/XX/XXXX. Both XXXX  XXXX XXXX and Nationstar Mortgage LLC mailed notifications enclosed with time sensitive information and privileged letters. Months of withheld notifications and mail delivery concealed the intent of the new lender/owner to foreclose on the VA backed property, which would also proceed without a successful confirmed delivery notification to either the primary borrower ( XXXX XXXX ) or the successor in interest, XXXX XXXX in violation of Service member Civil Relief Act ( SCRA ). 

By withholding of the security deposit, several months of collected rents, attempts to charge additional late rent and allegations of property damage by XXXX XXXX and XXXX XXXX  amounted to early termination charges in violation of the SCRA. The Fair Housing Act law concludes a complaint must also state a cause of action against both the individual property manager XXXX XXXX, and his business entity doing business as XXXX XXXX. 


Nationstar Mortgage LLC is a servicer of federally related mortgage loans, and at some unknown point and time, represented itself to the primary borrower ( XXXX XXXX ) as the new mortgage servicer of the VA backed home loan. As the successor in interest, I ( XXXX XXXX ) did not receive letters in XXXX, XXXX, XXXX, or XX/XX/XXXX informing me the servicing rights for the loan had been transferred to Nationstar Mortgage LLC, and received no advance notice of the transfer nor an opportunity to discuss the prior ACH electronic payment arrangement with the mortgage servicer or the bank since the issuance of the divorce decree in XX/XX/XXXX. 

As the Department of Veteran Affairs has previously published and warned ; In some parts of the country, veterans who are not familiar with real estate transactions have been " taken in '' by shady deals usually called " milking '' or equity skimming. In one form of this racket, the veteran/primary borrower, who is behind in VA loan payments, is approached by unknown persons who offer to pay the delinquent installments if the veteran will " sign on the dotted line. '' The veteran later learns that he or she has signed a deed and can get the property back only by signing another contract at a much higher price. 


Nationstar Mortgage LLC/dba Mr. Cooper and XXXX XXXX/dba XXXX XXXX  violated both the Real Estate Settlement Procedures Act ( RESPA ) and the Electronic Fund Transfer Act ( EFTA ) by making unauthorized changes to the previously established ACH electronic payment transfers without providing proper notice to the VA home loan guaranty VALERI system of record, or directly to primary borrower, or myself ( as the awarded successor in interest ). 15 U.S.C. 1693e ( b ) provides that in the case of preauthorized transfers from a consumers account to the same person which may vary in amount, the financial institution or designated payee shall, prior to each transfer, provide reasonable advance notice to the consumer, in accordance with regulations of the Bureau, of the amount to be transferred and the scheduled date of the transfer. 


From XX/XX/XXXX through XX/XX/XXXX, other than payment delinquencies, no other unrestricted transfer reports or major event updates were filed with Department of Veterans Affairs Home Loan Guaranty division through the required VALERI ( VA Loan Electronic Reporting Interface ). The fiduciary responsibility to report a Significant Loan Event through the VALERI system falls on the mortgage servicer ( Nationstar Mortgage LLC/dba Mr. Cooper ). The VA loan guaranty division can not accept a security instrument or a divorce decree from a successor in interest, therefore can not update my associated VA loan case number without the mortgage servicer disclosures and legally verified support documentation. The failure of the mortgage servicer to file the lis pendens action and non-judicial foreclosure notices with the Department of Veteran Affairs Home Loan Guaranty division in a timely manner perpetuated false information from Nationstar customer service representatives about the mitigation options available to myself ( as both successor in interest and as a Veteran who also served in the military ), the loss of equity, increased liabilities and risks associated with the disputed property. 

The main Nationstar Mortgage LLC/dba Mr. Cooper and transactional broker violations pertain to RESPA and TILA provisions and official interpretations, which can be found in 12 CFR 1024, Regulation X, and 12 CFR 1026, Regulation Z, specifically found within : 1024.17, Escrow accounts and 1024.37, Forced placed insurance 1024.35, Error resolution procedures and 1024.36, Requests for information 1024.38, General servicing policies, procedures and requirements 1024.39, Early intervention and 1024.41, Loss mitigation procedures 1026.20, Disclosure requirements regarding post-consummation events 1026.36, Payment processing and 1026.41 Periodic statements 1026.40, Continuity of Contact Nationstar Mortgage LLC/dba Mr. Cooper, XXXX XXXX/dba XXXX XXXX   also conducted an unauthorized credit inquiry that violated the Fair Credit Reporting Act ( FCRA ). It remains unclear if the mortgage was transferred, sold, or solicited by Nationstar as a high-risk loan modification offer to the primary borrower or to an undisclosed third party private investor. One of several notices withheld by the transactional broker XXXX XXXX, was titled Credit Score Disclosure, which would have shown Nationstar Mortgage LLC performed a credit check and fallen outside any use permitted under the FCRA. The credit check, previous lender ACH electronic transfers, and bank account balances along with protected personal information were shared with unauthorized 3rd parties ( specifically, the terminated property manager XXXX XXXX, the evicted occupants, and other real estate associated transactional brokers in the same office ). 

XXXX -Eviction of the unverified occupants and property management agreement termination were sent via certified return receipt. XXXX XXXX  transactional broker/property manager XXXX XXXX contested the transfer of ownership to XXXX XXXX and refused a broker trust account audit. XXXX XXXX/dba XXXX XXXX  is in breach of contract after repeatedly refusing a broker trust account audit which denied and concealed any review of 5 years ( XXXX-XXXX  ) worth of itemized lists for repairs, receipts, occupant/renter background checks, proof of identity, or income statements. XXXX XXXX/dba XXXX XXXX  and Nationstar Mortgage LLC also failed to produce any material evidence of signed lease contracts or notarized agreements between the owner or with any known verifiable renter occupants as Oklahoma state law and the real estate commission required. 

During this time, Nationstar Mortgage LLC became a designated payee as used in the EFTA, 15 U.S.C. 1693e ( b ), in that Nationstar initiated and received electronic fund transfers from a joint account opened prior to the divorce decree, that were preauthorized or purportedly preauthorized. 

XXXX- I, ( XXXX XXXX ) continued the legal eviction process of the unverified John Doe occupants and made qualified written demands for origination paperwork, requested identification of any known investors, and inquired about any alternatively sourced agreements with the primary borrower ( ex-husband, XXXX XXXX ) who resided and worked within the same area as the property from XXXX through XXXX. As the successor in interest of the property, I was denied refinancing, denied loss mitigation options, and denied a loan modification because the primary borrower ( XXXX XXXX ) refused to consent, acknowledge, or participate in any VA unrestricted transfer process, in direct contempt of the divorce decree. As the mortgage servicer, Nationstar/Mr. Cooper repeatedly dismissed and ignored the divorce decree as a legal conveyance tool and failed to report a VA Unrestricted Transfer, major loan event and declined to file a partial Release of Liability. 

Nationstar asserted ONLY the VA backed primary borrower ( XXXX XXXX ) could apply or be approved for loss mitigation or loan modification services. Without the primary borrowers cooperation or written consent, my successor in-interest equity along with my current husbands ( XXXX XXXX XXXX ) good name, credit, and security clearances as an XXXX XXXX service member were maliciously defamed and penalized after the property ownership was contested and driven back into delinquency due to willful negligence of Nationstar Mortgage LLC and XXXX XXXX doing business as transactional brokers. 

XXXX- A second lis pendens was filed against XXXX XXXX and not the primary VA loan backed borrower, XXXX XXXX . Contrary to the Real Estate Settlement Practices Act ( RESPA ), codified at 12 U.S.C. 2605, which governs the duty of loan servicers to respond to borrower inquiries it categorizes as Qualified Written Requests ( QWRs ), since XXXX, Nationstar Mortgage LLC/dba Mr. Cooper customer service representatives and XXXX XXXX/dba XXXX XXXX have denied knowledge of any private investor contracts or secondary lien agreements, yet both business entities have failed to provide a complete and accurate explanation of the transfer paperwork, refused the disclosure of contact logs documenting the primary borrowers recorded statements, and remain silent on the absence of any tenant signed and notarized rental agreements from XXXX-XXXX. More concerning are the missing major loan event update reports to the VA home loan guaranty VALERI system of record, and the advanced lender expenses paid out to undisclosed property management vendors and then charged to the escrow account. 

XXXX - Nationstar Mortgage, LLC/dba Mr. Cooper, violated 533 when it maintained certain fees related to a rescinded Notice of Default on the disputed account while ( XXXX XXXX, also a veteran ) is the successor in interest and military spouse of a service member ( XXXX XXXX XXXX XXXX XXXX, who is still currently ) serving on XXXX XXXX and protected by the provisions under thee SCRA. 

Congress passed the Real Estate Settlement Procedures Act ( RESPA ) in 1974 to protect homeowners by assisting them in becoming better educated while shopping for real estate services, and eliminating kickbacks and referral fees, which add unnecessary costs to settlement services. RESPA requires lenders and others involved in mortgage lending to provide borrowers with pertinent and timely disclosures regarding the nature and costs of a real estate settlement process. Congress has also authorized the Consumer Financial Protection Bureau ( CFPB ) to promulgate RESPAs implementing rules and regulations, including the rules codified in 12 C.F.R. 1024 ( Regulation X ).

Congress has authorized a private right of action for violations of RESPA, including violations of Regulation X. 12 U.S.C. 2605 ( f ) ; 2605 ( k ) ( E ) ; 2614.

12 U.S.C. 2605 ( k ) ( C ) states that a servicer of a federally related mortgage shall not fail to take timely action to respond to a borrowers requests to correct errors relating to allocation of payments, final balances for purposes of paying off the loan, or avoiding foreclosure, or other standard servicers duties. 

12 C.F.R. 1024.33 states : ( b ) Notices of transfer of loan servicing ( 1 ) Requirement for notice. Except as provided in paragraph ( b ) ( 2 ) of this section, each transferor servicer and transferee servicer of any mortgage loan shall provide to the borrower a notice of transfer for any assignment, sale, or transfer of the servicing of the mortgage loan. The notice must contain the information described in paragraph ( b ) ( 4 ) of this section. Appendix MS-2 of this part contains a model form for the disclosures required under this paragraph ( b ).

( 2 ) Certain transfers excluded. 
( i ) The following transfers are not assignments, sales, or transfers of mortgage loan servicing for purposes of this section if there is no change in the payee, address to which payment must be delivered, account number, or amount of payment due : ( 3 ) Time of notice ( i ) In general. Except as provided in paragraphs ( b ) ( 3 ) ( ii ) and ( iii ) of this section, the transferor servicer shall provide the notice of transfer to the borrower not less than 15 days before the effective date of the transfer of the servicing of the mortgage loan. The transferee servicer shall provide the notice of transfer to the borrower not more than 15 days after the effective date of the transfer. The transferor and transferee servicers may provide a single notice, in which case the notice shall be provided not less than 15 days before the effective date of the transfer of the servicing of the mortgage loan. 


XXXX The 2nd lis pendens foreclosure petition is withdrawn, only to have a 3rd lis  pendens petition filed with the XXXX County Court Clerk, listing a John Doe Occupant, along with the original primary borrower ( XXXX XXXX ), and lists the successor in interest as a defendant under the former name XXXX XXXX and not legal name XXXX XXXX. 

XXXX FTC complaint filed by XXXX XXXX, regarding the disputed property, suspected identity theft, mail fraud, forgery, violations of SCRA and Privacy Act. Nationstar Mortgage LLC/dba Mr. Cooper failed to check consistently for the military status of mortgagors prior to filing lis pendens petition with the clear intent to foreclose on the VA backed mortgaged property. Noted in my complaint, specific to the continued unauthorized use of my former name ( XXXX XXXX ) ; It is unlawful for any person ( s ) to use a fictitious name, give a false or fictitious address, or make any false statement in any application or affidavit required under the provisions of a stated regulatory chapter or in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application. '' As of XX/XX/XXXX, the VA Home Loan Guaranty VALERI system of records showed no major event updates on the assigned VA loan case number, no unrestricted transfers, and none of the ( 3 ) previously filed lis pendens foreclosure petitions have been reported. However, the most recent entries by a mortgage servicer reported over 50 delinquent monthly payments associated with the VA loan case number, my legal name XXXX XXXX and my social security number. Credit bureaus continue to post negative monthly credit reports to my identity as XXXX XXXX, whilst listing the unauthorized former name XXXX XXXX as seriously delinquent ( not as successor-in-interest who is not responsible for the mortgage ), as I continue to be denied a VA unrestricted transfer of ownership per the XXXX divorce decree. 

Nationstar Mortgage LLC/dba Mr. Cooper has failed to release a communication history, ignored written requests for a contact log with the primary borrower ( XXXX XXXX ), and representatives have refused verbal and written demands to disclose the private investor information after listing the investor status on the most recent XXXX payoff quote. 

Through the mortgage servicers relaunched website and consumer login portal, Nationstar Mortgage LLC /dba Mr. Cooper shows changed legal names and mailing addresses of the primary borrower ( XXXX XXXX ) and myself, altered at least 12 times in the past 18 months. Representatives have recklessly conflated protected information and delivered official mail to the wrong persons. Nationstar Mortgage LLC/dba Mr. Cooper has shown no intention to properly disclose and explain the significant accounting discrepancies between XXXX-XXXX in third party property management vendor billable activities, or the additional thousands of dollars paid out and charged to the escrow account over the past 24 months. 

On approximately XX/XX/XXXX, without my knowledge or written consent, property inspectors working on behalf of Nationstar Mortgage LLC/Mr. Cooper changed the locks on the disputed vacant property ( for at least a 3rd time  since XX/XX/XXXX ). Additional repairs for damages and maintenance were requested by the vendor due to the discovery of personal effects and hazardous cleaning materials belonging to an unknown trespasser. To date, no law enforcement report has been filed by the mortgage servicer, nor its property management or its vendor by extension. 

As of present, there are no procedures or protocols made available to me on how Nationstar Mortgage LLC/dba Mr. Cooper or its property management vendors by extension will communicate who is in legal possession of the VA backed property or if and how criminal breaking and entering activities by unknown trespassers will be recorded, documented, and reported to local law enforcement, or to the successor-in-interest if it happens ( yet again ) in the near future. Nationstar Mortgage LLC/dba Mr. Cooper has failed to disclose any conflict of interest with third party property management vendors servicing the disputed property, nor has there been any disclosures regarding the previously evicted freeloading occupants and if any claims were submitted or paid ( without a police report or authenticated receipts ) against the insurance under-writer. 

As of XX/XX/XXXX, Nationstar/dba Mr. Cooper has failed to respond to my qualified written requests ( sent via certified mail, fax, and email ) for communication logs, the identity of private investor ( if any ), and an itemized breakdown and sourced identities of the XXXX erroneously Unapplied Funds transactions listed in the most recently made available Escrow Analysis, produced by Nationstar Mortgage LLC/dba Mr. Cooper. 

Under principles of equity and good conscience, Nationstar Mortgage LLC/dba Mr. Cooper and XXXX XXXX/dba XXXX XXXX  should not be permitted to retain revenue that it acquired by virtue of its unlawful conduct. 

Nationstar Mortgage LLC/dba Mr. Cooper has acted unlawfully, unfairly, and deceptively. As a result of their unlawful, unfair, and deceptive conduct both my XXXX XXXX husband and I ( XXXX & XXXX XXXX XXXX ) have been faulted for unauthorized amounts of claims and denied access to the evidence of criminal trespassing on the disputed property. The privacy and the safety of our children is paramount and as a military family all of our rights have been repeatedly violated by the criminal misconduct of transactional brokers. We have been denied backed rents, legal fees, property possession, and our due process rights. Without any reasonable due diligence by the mortgage servicers, our ability as military family to protect and defend our legally vested financial interests, good name, and credit scores within a reasonable amount of time has been denied. By erroneously switching names and addresses on statements and legal notices with our duty assignments on federal military installations, Nationstar Mortgage LLC/dba Mr. Cooper and XXXX XXXX/dba XXXX XXXX  have violated the fundamental principles of the Privacy Act and the SCRA. 

In addition to the unknown activities of the lis pendens listed John Doe occupant ( s ) and the unknown private investor noted on the XXXX payoff quote, Nationstar Mortgage LLC/dba Mr. Cooper has delayed time-sensitive written disclosures on the unlawful activities of the dual hatted property manager/licensed realtor at the core of the transaction dispute. 

Transactional Brokers and business entities acting or doing business as property managers unlawfully are required to be reported under the Sarbanes- Oxley Act of 2002, the Securities Exchange Act of 1934, the Dodd-Frank Act of 2010 or any other law, rule or regulation subject to the jurisdiction of the Securities and Exchange Commission XXXX

Company response to consumer: Closed with explanation