Consumer complaint received 2016-10-11
Company: NATIONSTAR MORTGAGE LLC
State: FL
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
The exact same way XXXX XXXX created fake documents to establish fraudulent customer accounts, and repossess customer 's vehicles. They also engaged in a similar illegal foreclosure scheme, in which they created and submitted thousands of fraudulent documents to unsuspecting local courts to establish standing to foreclose on homes they did not have legal authority to do. 

In XX/XX/XXXX I was forced into a predatory Sub-Prime loan by XXXX. Who was later shut down by the federal government for predatory lending violations. XXXX immediately assigned this loan to XXXX home loans as the servicing agent, who was also cited for predatory lending violations before finally being forced into a takeover by XXXX XXXX XXXX. 

There is absolutely no documentation showing that my loan ever became part of this fraudulent XXXX trust that is claiming ownership of my loan. This is whom XXXX XXXX claims to be trustee for and is foreclosing on their behalf. 

First, I never missed any of the payments they claim and have proof all payments. Second I was coached into " default status '' in order to qualify me for a loan modification out of the sub-prime predatory loan. While supposedly modifying my loan, XXXX XXXX initiated a foreclosure suit against me which is considered Dual tracking and a Violation of the federal RESPA. 

By law, In order to legally bring suit, the plaintiff must have possession of the mortgage note at the time the suit was filed. XXXX XXXX did not and I have proof of this. 

Therefore I have a false plaintiff ( XXXX XXXX ) using a fraudulent document they created ( assignment of Mortgage ) that supposedly ( via XXXX ) gave them ownership of my note from XXXX. Conveniently, this document was created by XXXX XXXX right before they filed suit, not when the loan closed in XX/XX/XXXX or when they became trustee. 

Problem is, the date on the Assignment is dated over a year AFTER XXXX was shut down by the FDIC. Therefore, at the time they created this fraudulent document purporting ( via XXXX ) that XXXX gave them ownership, XXXX had been dissolved and assets liquidated. Making any such transferred 100 % impossible and the document FAKE! 

Also, if the note had been purchased and deposited by the trust ( who is suing me ) as required by law, then the assignment would have came from the trust to XXXX XXXX, not from XXXX to XXXX XXXX. This proves that the trust and it 's trustee never had possession nor ownership of the note when they filed suit. Their claim of standing is also invalid because the note was never placed inside this trust as required by law and as the ( unsigned ) Pooling and servicing agreement ( PSA ) states it must be.. 


I later received legal notice from XXXX informing me that they had transferred my loan years after XXXX XXXX fraudulent assignment claiming ownership. This XXXX notice confirms that my loan was NEVER transferred to XXXX XXXX. Which again shows that this Trust and trustee ( XXXX XXXX ) was never the holders of the note. Moreover this notice identifies the true owner of my loan and it 's not XXXX XXXX or this XXXX. 

In addition, XXXX XXXX and NationStar are in violation of the RESPA act in regards to my QWR. XX/XX/XXXX, I exercised the right afforded to me as a consumer and submitted a Qualified Written Request to XXXX XXXX and NationStar. I requested information about my mortgage loan 's ownership. Both banks acknowledge the receipt of my Qualified Written Request and stated they would respond within 30 days. The law states that they must respond, yet after numerous calls to XXXX XXXX and NationStar, and over A YEAR later they still have not responded to my request. This is a violation of the law and warrants sanctions, including damages. I have copies of their acknowledgement letters and all other documents.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation