Consumer complaint received 2016-11-03
Company: NATIONSTAR MORTGAGE LLC
State: OK
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I filed chapter XXXX bankruptcy on XXXX XXXX, XXXX. The bankruptcy was discharged in XXXX XXXX. Twenty- six payments of {$810.00} was taken from my pay ( payroll deducted ) for four years. XXXX XXXX, my vehicle that was financed with XXXX XXXX was paid in full via the bankruptcy. All funds were distributed to my mortgage in which I was only one month behind on one, and 4 months on the other. I filed bankruptcy because Nationstar was charging me escrow on both mortgages, the 1st and the 2nd mortgage for one property. I continued to try and get them to straighten it out to no avail. Because of the increase of almost {$100.00} from XXXX to XXXX per month. When talking to the mortgage company about the ridiculous increase, they stated that it was because of the escrow increase on that account. I told them that I was already paying escrow on the 1st mortgage and they were illegally collecting escrow on the 2nd mortgage for the same property. When I was asked to send a copy of my promissory note, I noticed that the address on my original not was not correct. It was a fictitious address on the Truth In Lending Disclosure statement. I asked the agent to state the address to the second mortgage, ( I wanted to be sure it was my present address. ) It was not. It was a combination of an old address and my present address. I googled the address just to see if that address even existed here in my city and it did not. I called them back and told them that they were illegally collecting escrow on a property that did not exist and I would no longer make the payment until they straightened it out. I sent them a copy of my tax deed, they continued to send me monthly statements in the same amount. I filed bankruptcy and informed my attorney of the discrepancy of the original promissory note. He assured me that they would have to straighten it out with the courts. Nationstar 's response to my complaint XXXX that I filed with the Consumer Finance Protection Bureau has been totally evaded. They have neither resolved or addressed the issue of a refund that is due me, nor explained their reason for taking my advance payments without authorization and placing them into escrow. Their escrow department intercepted my advance payments to my monthly mortgage. They took the amount of {$5800.00} on XXXX XXXX, XXXX and again on XXXX XXXX, the amount of XXXX, XXXX. This information was provided me from a call I placed to them on XXXX XXXX, XXXX asking why I was receiving delinquent statements.. I was transferred to an escrow supervisor who claimed that they applied to future escrow payments, ( 2 yrs. ) which totaled {$8200.00} per their calculations and stated that I had a surplus of {$3100.00} which was not surplus if I was delinquent on my account. I was delinquent because they took my advanced payments not mentioning where the other {$6800.00} went. Their actions caused me to become delinquent on my account, they would not place funds back to original intent and have not refunded the actual {$9900.00} they owe nor the {$3100.00} they claimed was in surplus because my account was delinquent. The response I received in writing was in regards to a modification request I had submitted to keep from losing my home while I waited for them to do the right thing ... refund my money or place it back to the advance payment state. I did not file a complaint regarding the modification, however their response was about a modification. When it was denied, I did not care. I pulled my retirement to catch up the back payments since they would not refund my money. Even after I made the payment of XXXX, I did not receive a refund or any type. In addition I am being charged escrow for a 1st and 2nd mortgage on one property and my Truth In Lending statement has a fictitious address that I have been charged to pay for the last 10 years. Issue not addressed!

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