Consumer complaint received 2017-05-12
Company: NATIONSTAR MORTGAGE LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
To Whom I t May Concern, for years I have been trying to modify my loan with Nationstar Mortgage, hereinafter referred to as Nationstar. After numerous failed attempts and much frustration, I consulted with an attorney to inquire whether the people I am dealing with even have authority to negotiate my loan. One of the main problems has been that I have not been able to obtain the correct information as to who actually has ownership of my alleged debt obligation. Nationstar has made claims to be both the servicer and the beneficiary. After responding to one of m y Qualified Written Requests, hereinafter referred to as QWR, in  XXXX  of  XXXX ,  Nationstar stated that the ownership of my loan belong s to  XXXX   XXXX  as Trustee of the  XXXX   XXXX   XXXX   XXXX    XXXX   Pass-Through Certificates,  XXXX   XXXX , hereinafter referred to as  XXXX   XXXX , however their claim was just executed on  XXXX   XXXX ,  XXXX . I am confused as to how  Nationstar co uld inform me that  XXXX    XXXX   is the beneficiary of my alleged deb t four y ears before they actually claimed an interest. I have just discovered the legal ramifications surrounding the Fair Debt Collection Practices Act, hereinafter referred to as FDCPA. Upon leaning about this, I came to the realization th at Nationstar, as my present loan servicer, is a debt collector as defined by the FDCPA. At the time Nationstar acquired the servicing of my alleged debt from my previous servicer, the alleged debt was already in default. The mere fact that I was in default when Nationstar ac quired the debt defines them as a debt collector under the FDCPA. Because  XXXX    XXXX    allegedly acquired an interest in the alleged debt while it is in default, they too are de bt collectors and not a creditor. Nationstar a nd  XXXX   XXXX  are attempting to collect on a debt that they do not have the authority to collect on and they have falsely represented the character, amount, and legal status of the debt. I am filing this complaint agains t Nationstar becaus e I believe their continuous efforts to collect a debt that I dispute is against the FDCPA. Not only are they continually falsely representing the debt, they are continually threatening to take action against my property that is not legal for them to take. I presently have a foreclosure action scheduled on  XXXX   XXXX ,  XXXX . It is my understanding that under the FDCPA a debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt. More specifically they  may not take or threaten to possess or disable property when the they have no enforceable right to the property or does not intend to do so, or if, under law, the property may no t be taken, repossessed, or  XXXX , and furthermore, they may not take or threaten to take any nonjudicial action to effect dispossession or disablement of my property if there is no present right to possession of the property claimed as collateral through an enforceable security interest. Based on my information and belief, only creditors  may enforce a foreclosure, not debt collectors. I am now fully aware that a debt collector must prove that I owe the debt and Nationstar has failed to do that. They can not supply me with copies of documents that are not admissible evidence and believe I am to take the information they give me without adequate support. Nationstar has f ailed to demonstrate t he money trail to this alleged beneficiary. Furthermore, as a debt collector, Nationstar has failed to prove their relationship to the lender. My Deed of Trust says that it is the lender who has the power to do whatever it is he has the power to do within the four corners of the contract. There is no documentation that evidences that Nationstar and/or   XXXX    XXXX   is now acting on behalf of the lender. I am filing this complaint with the CFPB because  Nationstar  is blatantly disregarding the law. If I do nothing they will wrongfully and fraudulently take my property and continue to disregard the law.

Company response to consumer: Closed with explanation