Consumer complaint received 2023-09-17
Company: Mr. Cooper Group Inc.
State: PA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage
Sub-issue: Foreclosure

Complaint:
I am a consumer and a natural person whose been harmed, and rights have been violated by a debt collector who is not the original party of interest attempting to collect a debt from me. Right Path Servicing INC servicer for Nationstar INC and XXXX XXXX XXXX all have stated they are debt collectors attempting to collect a debt from me. I have never done business with or signed any binding contracts with these companies obligating me to perform. They have never signed a contract with me to enforce the contract or performed under the terms and conditions of any said contract or provided any consideration to me. I have sent numerous notices and letters by certified mail under RESPA for information to resolve any debt that I may owe. They have not complied and continues to harm me and violate my rights. They have defaulted by not responding or getting back to me properly. I have sent them presentments where they have agreed to all my terms and conditions by their silence and refusal to not cure any obligation that I sent by certified mail. They ignored my presentments and all terms and conditions and continued to violate me under the federal law. I have acknowledged the debt and accepted the coupon/voucher Right Path Servicing Inc sent to me to settle and discharge any debts I may owe. I own my property under fee-simple and have a free and clear title. They refused to accept my acknowledgement and accept the voucher that has discharged any debt I may owe. I have made a request for them to send me proof of the claims they made against me. I have not given them a gift therefore they shall have filed income taxes with the IRS as proof they paid taxes on the full amount of the loan. They have refused to send me an IRS form 4490 and an affidavit of their proof of claim of an injured party. They have also refused to provide me with the pooling and servicing agreement and E.I.N number and all documents and evidence of standing that will be submitted to the court of record for discovery. Right Path Servicing INC first resort was to send me a letter of default and accelerate in attempts to wrongfully foreclose on my property. Under FDCPA and a fee-simple title my rights have been violated by Right Path Servicing INC , Nationstar INC and XXXX XXXX XXXX. 
The Mortgage Deed of Trust and the Promissory Note have been separated, the Note was traded and sold. Once a loan has been securitized there is no real party of interest. Under ( FAS 140 ) rules of governing a sale an asset can not be sold to yourself, once an asset is sold, the seller loses its ability to control the asset. If a lender sold a loan to the REMIC, they lose their ability to enforce, control and foreclose on a property. I have reason to believe the note was never registered with the SEC and may have been discharged from the REMIC. If the REMIC does not owe the note, they can not enforce a foreclosure. Therefore, the servicer is not the real party of interest and does not have standing to foreclose on my property. Right Path Servicing INC has sent me a fraudulent copy of the mortgage deed and promissory note, not the originals signed by me at closing with my wet-ink signature. They have never signed the mortgage or note binding them to the contract, therefore the contract is null and void and there is no injured party to make a claim. In attempts to try to collect a debt from me from an asset/stock that has already been sold. The loan went into default, it was written off by the REMIC and insurance was paid out multiple times. They then receive the tax credits from the IRS in which it is settled per bookkeeping entries. Right Path Servicing INC has been paid out multiple times and continues to send me letters and statements to coerce, threaten and harass me every month to pay exaggerated amounts and sued me in court efforts to foreclose and take away my property away. They are not a competent witness to any contract I signed, there is no binding contract between us obligating me to perform nor is there an injured party to make a claim against me.

Only the beneficiary can foreclose and the holder in due course can collect. To be the beneficiary one must put up lawful money to fund the loan. I never received a loan, nor did they lend me any monies. They have not provided me with proof of monies loan or transferred to me. Without my knowledge or written consent, I issued the bank my Promissory note to provide actual cash value to fund the loan. The bank has not brought anything of equal value to fund the loan or bank loan check and refuses to sign the promissory note. Therefore, the bank does not legally own the note. The bank has deceived me into believing they funded the loan and expects me to pay the full amount of the loan plus interest without them putting up anything of equal value, refusing to sign the note and failing to perform or provide any consideration.

As the grantor of my property who created the trust to control and manage my real estate. The Trust has failed to perform their fiduciary duties specified on the Mortgage deed of trust, note and title. By law the Mortgage Deed of Trust and Promissory Note shall not be bifurcated as it is dependent upon one another and secures the obligation. They have not provided me with any prior notice or received my consent to transfer or sell my original endorsed Note. They have failed to record any chain of assignments, transfers, or power of attorney on record that would have made them the holder of the Note before attempting to foreclose on my property.

Company response to consumer: Closed with explanation