Consumer complaint received 2016-09-13
Company: NATIONSTAR MORTGAGE LLC
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan servicing, payments, escrow account

Complaint:
XXXX filed a fraudulent secured proof of claim under penalty of perjury against real property of my estate. The details of the fraudulent proof of claim are incorporated in the attached pleadings filed after we prevailed on appeal to the XXXX. and include the following : 1 ) XXXX filed a secured claim under penalty of perjury against real property of my estate asserting it is the actual secured claimant. XXXX maintained the claim in its own name for over two years, filing numerous pleadings in my main case, objecting to the confirmation of my plan of reorganization, as well as filed documents on its own behalf in the the adversary proceeding asserting at all times it is the true and actual secured creditor, not acting as an agent for any other party. 

2 ) Upon filing for summary judgment two years after filing the secured claim in its own name, XXXX switched its position and for the first time in over two years, asserted it is actually a servicing agent for Wells Fargo Bank N.A . as XXXX for XXXX XXXX ( Wells Fargo ). This assertion however conflicts with its answer to the First Amended Complaint wherein XXXX denied Wells Fargo has anything to do with the secured claim, and conflicts with the findings of the XXXX. 

3 ) The lower bankruptcy court granted XXXX 's motion for summary judgment. The XXXX. reversed on appeal holding that XXXX failed to establish it is a servicing agent for Wells Fargo, and also held that Wells Fargo failed to establish that it is the actual secured creditor. The XXXX further allowed our fraud cause of action to proceed to trial. 

4 ) The attached XXXX for Leave to Amend follows the XXXX proceedings prior to trial. The amended complaint ( " SAC '' ) is Exhibit XXXX of the XXXX for Leave. The SAC outlines the fraudulent proof of claim and includes the XXXX XXXX XXXX. 

5 ) XXXX purportedly acting for Wells Fargo filed XXXX materially inconsistent promissory notes representing the same underlying mortgage debt ; XXXX note was filed with the proof of claim under penalty of perjury, and a note containing different indorsements was filed with the motion for summary judgment. XXXX for XXXX who states they are ultimately acting for Wells Fargo, purports to be in possession of the note filed on summary judgment but is not in possession of the note with indorsements filed with the proof of claim. 

Further, XXXXWells Fargo argued to the XXXX that the note was " re-indorsed '' but failed to explain to the XXXX that the indorsements appear on the back side of the signature page of the original note, and therefore " re-indorsement '' is an impossibility - a fabrication and misrepresentation made to me, the XXXX, the lower bankruptcy court, and the XXXX Trustee. 

6 ) As plead in the attached, the documents produced to us, establish that the promissory note was copied, the copy was fraudulently indorsed to give the appearance that is it a bearer note in compliance with XXXX XXXX, and then both notes representing the same underlying mortgage debt and encumbering my real property were sold into the secondary market garnering multiple recoveries on the same underlying mortgage debt. 

* Wells Fargo Bank N.A . 's, and XXXX 's improper conduct is pervasive and harmful to the public. The CFPB published its XXXX XXXX, Monthly Complaint Report with Wells Fargo Bank N.A . named the number XXXX most complained about mortgage company and XXXX the number XXXX most complained about mortgage company. 

* Wells Fargo 's improper conduct has also been set out in the documents pertaining to the $ XXXX National Mortgage Settlement, the $ XXXX XXXX settlement with the XXXX Trustee, and most recently in the CFPB 's recent action fining Wells Fargo $ XXXX for, creating more than XXXX XXXX fake checking and credit card accounts.

Company response to consumer: Closed with explanation