Consumer complaint received 2016-06-01
Company: NATIONSTAR MORTGAGE LLC
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
To Whom It May Concern, I have been dealing with Nationstar Mortgage LLC, hereinafter referred to as Nationstar, for nearly four years. To the best of my recollection, I do not believe they have been honest with me in regards to my debt obligation. Since XXXX, I have been trying to get them to disclose to me who the beneficiary of my debt is. I have sent them Qualified Written Requests, searched XXXX records, and ordered a securitization audit. All of the information I have received does not match up to the limited information I have received from Nationstar in the past three years. In XXXX of XXXX, I sent Nationstar a Qualified Written Requests. In a letter dated XXXX XXXX, XXXX, Nationstar responded to my request and provided me with who their records indicate owns my debt obligation. Armed with this information, I did some research and searched the XXXX records. I found no documents, particularly an Assignment of Note or Deed of Trust, that indicated that XXXX Bank XXXX XXXX as Trustee for the XXXX XXXX was the owner of my debt obligation as Nationstar had indicated. The only document I found was an Assignment of Deed of Trust that named Nationstar as the beneficiary of my debt obligation. After learning this information, I had a certified XXXX specialist perform a securitization audit on my debt obligation. The information this report disclosed, did not match up with the information that was provided to me by Nationstar. I have tried to make several attempts to work out something with Nationstar in an effort to save my home to no avail. For years and time and time again, they have played around with my information and have repeatedly denied me for a loan modification. Throughout all of this time, I have learned that they actually have no ownership or beneficial interest in my debt obligation and are without authority to even offer me a loan modification. Based on the above referenced information, I exercised my right to rescind my loan. On XXXX XXXX, XXXX, I mailed to Nationstar a Notice to Rescind. Under the Federal Truth In Lending Act, hereinafter TILA, a lender/creditor has twenty days to take mandatory steps or to challenge my right to rescind. Nationstar failed to take any steps required under TILA. Nationstar has violated TILA is numerous ways, including the requirement under Section 131 ( g ) of TILA which provides that an assignee of a debt must give notice within 30 days of being assigned a debt obligation. This added section of TILA extended my rescission rights in. Not only did Nationstar fail to take the mandatory steps under TILA within the mandatory statutory twenty day period, they failed to give me a XXXX Notice regarding the assignment of my debt obligation within the specified amount of time allowed by law. Nationstar is in violation of federal law and is without authority to attempt to foreclose on my home on XXXX XXXX, XXXX because the debt obligation is now null and void by operation of law. I am filing this Complaint because I believe it is necessary for me to take all necessary steps available to me to save my home. I believe it is necessary to report this violation committed by Nationstar to any and all authorities. It appears that even with a cease and desist order, Nationstar continues with their blatant disregard for the law and their failure to properly disclose information pursuant to TILA. I am requesting that the CFPB open a full investigation on these violations committed by Nationstar and take the appropriate and necessary action against them to prevent them from continuing this type of behavior. Until this matter is resolved, I believe Nationstar should cease and desist with any foreclosure activity pending on my home. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation