Consumer complaint received 2015-08-17
Company: NATIONSTAR MORTGAGE LLC
State: WA
Product: Debt collection
Sub-product: Mortgage
Issue: Disclosure verification of debt
Sub-issue: Not given enough info to verify debt

Complaint:
This is new information, and a new complaint, not a continuation of any previous complaints filed by me or on my behalf. Nationstar Mortgage , LLC, of XXXX, posted on our home and sent via postal mail a Notice of Default ( NOD ) in order to begin non-judicial foreclosure proceedings on our home in XXXX, XXXX. XX/XX/2014. XXXX points of information in the NOD documents have been shown to be false. 
First, the NOD asserted that Nationstar is the owner of the note. I immediately sent a QWR to Nationstar to validate the debt and requesting that they demonstrate ownership of the note and received a response that stated that they are only the loan servicer, not the owner of the note, and that XXXX XXXX XXXX XXXX XXXX XXXX as trustee for a trust named XXXX XXXX is the owner of the note. Therefore, I sent a " demand for debt validation and proof of claim '' requesting proof of ownership and proof of a valid chain of title to XXXX XXXX at the address provided in the response. In response to that letter I received another letter from Nationstar ( not XXXX XXXX ), virtually identical to their previous response. To date, I have not received any response from XXXX XXXX. In summary, by their own admission, Nationstar Mortgage , LLC is not the owner of the note, and therefore they have no authority to begin the foreclosure process by sending us a NOD. 
Secondly, the NOD documents included a " Forclosure Loss Mitigation Form '' affidavit, signed under penalty of perjury, that XXXX XXXX does not apply in our case because the property is not our primary residence. I do not know where they got this information, but it is inaccurate, the home is my and my spouse 's primary residence. Therefore, Nationstar was attempting to remove our right to meet with them, and other rights under XXXX XXXX, before proceeding with the foreclosure process. According to a highly-qualified lawyer that we consulted with, this false affidavit invalidates the NOD and any efforts to move forward with foreclosure without restarting the entire foreclosure process would be a violation of WA law. On our behalf, said lawyer sent a letter to Nationstar, XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX XXXX ( which is acting as foreclosure trustee for Nationstar ) to notify them of this violation of law. Nationstar responded saying that " The asserted error is substantially the same as an error previously asserted, for which Nationstar has previously complied with its obligation to respond. Unless there is new and material information that has not been provided to Nationstar Mortgage for investigation, Nationstar Mortgage considers this matter resolved. '' In fact, this point had not been raised in any previous communication with them, so once again they made a false and evasive statement. XXXX ' separate response to our lawyer 's letter included a " Declaration of Beneficiary '' document signed by a Nationstar agent, under penalty of perjury, stating that Nationstar Mortgage , LLC is the " actual holder of the promissory note. '' Here again, Nationstar is claiming to be the owner/actual holder of the note while at the same time, and once again, in their response to the law firm 's letter, denying that they are the owner of the note and identifying XXXX XXXX as the owner. 
In conclusion, Nationstar Mortgage is making false statements, is being evasive about the ownership of the note for our property, and may be attempting to illegally proceed with foreclosure on our property under false pretenses.

Company response to consumer: Closed with explanation