Consumer complaint received 2018-01-17
Company: NATIONSTAR MORTGAGE LLC
State: NM
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I received a letter from Mr Cooper, f/n/a Nationstar mortgage. They are stating the promised assumption/modification is forthcoming upon the mortgage being current ( attached ) and my mother has paid her social security funds into the escrow fiduciary that makes the payments to XXXX XXXX XXXX ( that bought XXXX XXXX   ) and the successors of the loan ( transfers ). 
We were told the XXXX payment increased to XXXX although no indication or disclosure if the original loan was forebeared, deferred, modified was sent to us and we were told is for " escrow increases ''. I have attached a total payment schedule from XXXX XXXX, along with their response to the NM Financial Institutions divisions, where we filed the original complaint as the property was foreclosed, yet we made the payment, or my mother did because we thought it was a ponzi scheme. 
It looks like the XXXX payment from the only mortgage statement that the mortgagors /sellers XXXX XXXX and XXXX XXXX gave us states the XXXX payment, however Nationstar has sent information as to the payment to be in the 1500 's ... 
If nationstar advanced cash to the sellers ( mortgagors ) is it then a second lien position to the real estate contract. 
And if so, the reason Mr Cooper is not allowing the CFPB and the loss mitigation to stop while all is reconciled/modified/fixed, is because they are not in first lien position and this " irem judgment against me '' and not mentioning XXXX XXXX as a party of interest is that because they are not in first position since they may have modified the loan with the XXXX 's knowing to do a title search first before so they would have found the land contract, the XXXX that was wrapped on the original mortgage. And so, we do not have privity of the money the banks, XXXX and Nationstar allege that they are missing. We ( my mother XXXX XXXX XXXX and I, XXXX XXXX XXXX ) have received a brick wall from the banks and asked to get the sellers to authorize us into information on their loans with the sellers/mortgagors XXXX XXXX and XXXX XXXX. 
We tried their attorney of record ( metro court ) XXXX XXXX to locate them, they told us is privileged information. So we went on the document title search to find their address and we found the sellers started trading/buying and selling real estate and transferred over 3 times property in XX/XX/XXXX and found they formed a company with XXXX cash, XXXX XXXX and XXXX XXXX XXXX having full control and doing an inside transfer into real estate in a real estate residence in florida, that the XXXX then deeded to the principals ( XXXX and XXXX ) in its entirety free and clear and then they took a XXXX loan on it, whose house is worth around XXXX. We filed a lawsuit in metro court because the escrow agent XXXX XXXX, who closed the deal in XX/XX/XXXX wth us and  the XXXX 's on XXXX XXXX XXXX XXXX, XXXX NM XXXX told us if we want title insurance which we purchased we will have to sue the mortgagor and bank first. 
The metro court case got kicked for lack of jurisdiction as it appears the interest of my mother is in excess of 65K and tied to the title of the house. We want to know if we have to go through your summary judgement even if neither my mother or I got served. Your attorney XXXX has a hearing this XX/XX/XXXX to enforce summary judgment even if he did not even serve me of summary jugment but using irem judgment to prevail on a later hearing against the senior ( XXXX ) woman who has really paid this mortgage for the last 10 years. See attachment. 
Your resolution letter asks for the loan to be current, we paid the loan and more and we are current, paying through XXXX XXXX. we are ahead in 3 payments and there is money in title company that has been there since XX/XX/XXXX that the attorneys forgot to forward from title to the XXXX XXXX  XXXX 's XXXX XXXX loan. 
Plus the appraisal you sent is from the real estate boom and is before the real estate downturn and from about 10 years ago, do you have a recent one? The house is not worth XXXX as short sale and XXXX in the market, plus mom put XXXX in repairs, the heater was gone and we were really cold I have receipts, the roof said was repaired but title did not get tthe receipt to us to ask for warranty and the roofer came and charged mom ( she paid 1/2 ) since the work is half done, the livign room had like a shower inside so we had to repair it, we were flooded. The house is worth much more now since XXXX repaired it with her retirement. 
The remedy in the REC is the title fort the buyers and looks like you have not paid your attorney XXXX for his services for Mr Cooper and he has no money he wants to get paid please. Please pay his bill his attorney bill, as I do not have the money to pay Nationstar dilligence for summary judgment. I just got out of XXXX, i could not walk and now that I am better I am back to working. Mom is really old and used her retirement. My kids barely graduated from XXXX but my older son XXXX is graduating and starting to work. He asked what is Mr Cooper billing for in the house? Or if this is a separate private personal debt that me, XXXX XXXX XXXX, has with mr cooper and what is the work order she has to pay? We used free attorneys from the HUD referal couseling agency, and the attorney XXXX XXXX works with the Attorny General now and we are getting help from legal aid. What do you propose if we have paid you the mortgage bill for 10 years via XXXX XXXX.

Company response to consumer: Closed with explanation