Consumer complaint received 2015-05-05
Company: NATIONSTAR MORTGAGE LLC
State: IL
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
To Whom It May Concern, our family has fallen victim to a bait and switch loan modification offer granted by XXXX XXXX XXXX ( XXXX ) and our investor named as, XXXX Home Equity Loan Backed Certificates XXXX XXXX, also known as XXXX Bank XXXX XXXX XXXX XXXX XXXX according to correspondence received from our new servicer Nationstar Mortgage ( NSM ). 
On XX/XX/XXXX our family was approved for loan modification of our second mortgage, and was required to make XXXX consecutive trial payments of {$600.00}. Our payments were made as follows:1 ) XX/XX/XXXX -- {$600.00} ( 2 ) XX/XX/XXXX -- {$600.00} ( 3 ) XX/XX/XXXX -- {$600.00} ( 4 ) XX/XX/XXXX -- {$620.00} ( 5 ) XX/XX/XXXX -- {$620.00} ( 6 ) XX/XX/XXXX -- $ XXXX Exhibit " A '' Modification offer from XXXX - dated XXXX XXXX, XXXX Exhibit " B '' letter dated XXXX XXXX, XXXX Acknowledging Owner of our XXXX MortgageOnce our payments were completed we never received permanent loan modification documents. Our loan was transferred to Nationstar Mortgage along with our XXXX mortgage on XX/XX/XXXX. Nationstar Mortgage has been unable to give us a definitive response as to why the modification did not follow our loan during the transfer, nor do they appear to be concerned with the fact trial payments were made on our second mortgage. Furthermore, the records via letters and notices reflect poor accounting of our loan and out last payment dates vary from document to document. 
See Exhibit " C '' Various letters indicating poor accounting as to when our last payment on the XXXX mortgage loan. In addition, to the abuse of XXXX and The XXXX XXXX XXXX XXXX XXXX XXXX collecting trial payments illegally with a mutual commitment to modify our loan permanently ; NSM has failed to properly validate our debt after being served with a qualified written request ( QWR ) on XX/XX/XXXX. Per RESPA 12 U.S. Code 2605, NSM has failed to provide proper validation of debt and are missing the following documents from their response indicating possible predatory lending may also have occurred when my loan was originated and furthermore transferred multiple times. This response is incomplete to say the least and lacks multiple significant items required to prove the validity of the mortgage debt re : affidavits of transfer, XXXX XXXX, etc. and is riddled with numerous violations in relation to Section 6 RESPA and TILA.Missing QWR Documents and failure to validate mortgage debt : 1 ) Deed of Trust 2 ) Planned Unit Development Rider 3 ) Balloon Note Addendum 4 ) Allonge to evidence transfer from XXXX to XXXX and XXXX to NSM 5 ) Assignments from XXXX to Nationstar XXXX ) XXXX-original loan application 7 ) GFE-Good Faith Estimate 8 ) Appraisal Report 9 ) Amortization Schedule 10 ) Truth in Lending ( TIL ) 11 ) No HUD -1 Settlement StatementSee Exhibit " D '' Incomplete QWR response from current servicer NSM-Furthermore, after further evaluation of our loan and lack of documentation on the part of our current and previous servicers, we feel that our appraisal had to be inflated in order to compete underwriting on this loan. As a result our property has been stripped of equity and conceived using a falsified or stretched Appraisal Report and improper discloser of the negative impacts this loan has had on our family since its conception. It is our consensus that the loans originator failed their fiduciary responsibility to our family and this loan carried no Tangible Net Benefit ( TNB ) to us in the long run. As a reminder, mortgage loan originators have a duty to not recommend or induce borrower ( s ) to enter into a transaction that does not have a reasonable, tangible net benefit to the borrower ( s ), pursuant to section 12-61-904.5 ( 1 ) ( a ), C.R.S.

Company response to consumer: Closed with explanation