Consumer complaint received 2017-05-15
Company: NATIONSTAR MORTGAGE LLC
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
The enclosed Assignment of Mortgage that was recorded and filed on  XXXX   XXXX ,  XXXX , with the  City Register  of the City of   XXXX   XXXX   to claim legal ownership was robo signed an is invalid.       XXXX   XXXX   XXXX   was not and never was a   XXXX   XXXX   XXXX   XXXX .  XXXX  trademarked the name   (    XXXX . #  XXXX   )  but never incorporated  XXXX   XXXX   XXXX  as a corporation in   XXXX   XXXX  . The now defunct lender also failed to file  XXXX  papers in  XXXX .     As a result, this also creates a huge liability for Mortgage  XXXX   XXXX   XXXX   XXXX   XXXX  (  XXXX  ).  XXXX  had to know   XXXX   XXXX   XXXX   was NOT and NEVER was a  XXXX  member.  XXXX  and it signatories should have known that   XXXX   XXXX   XXXX   was NOT and NEVER was a   XXXX   XXXX   corporation.   The Note and Mortgage are void because the allege Lender,  XXXX   XXXX   XXXX   XXXX , stated to be a   XXXX   XXXX   Corporation, was not in fact Incorporated in the year  XXXX , or subsequently, at any time, by  XXXX   XXXX  Loans or   XXXX   XXXX   XXXX   or any of their related corporate entities or agents.      XXXX   XXXX   XXXX   XXXX , was not licensed as a mortgage lender in the State of New York in  XXXX , or thereafter, and the alleged mortgage loan is therefore, invalid and void.     The alleged Assignment of Mortgage which purported to transfer interest in the mortgage to  XXXX   XXXX   XXXX   XXXX   XXXX ,  XXXX   XXXX   XXXX   XXXX   XXXX   XXXX , assignee, was invalid because  (  XXXX  ),   as nominee for  XXXX   XXXX   XXXX   XXXX  had no authority to assign the ownership interest of said mortgage, because  XXXX  was the not owner of the subject mortgage and was only a nominee for  XXXX   XXXX   XXXX   XXXX , an alleged   XXXX   XXXX   Corporation which was non-existent Corporation. Said purported Assignment was without authority, and therefore invalid.     Furthermore, Im also requesting to know to the status of my loss mitigation application for a loan modification which was submitted timely two times to Nationstar Mortgage.     It appears Nationstar Mortgage is also engaging in the prohibited practice of dual tracking while having received timely all the required documents and hardship medicalinformation.     The CFPB issued amendments on  XXXX   XXXX , The rule issued establishes new protections for consumers, including : Requiring servicers to notify borrowers when loss mitigation applications are complete : Whether a borrower is entitled to key foreclosure protections depends in part on the date a borrower completes a loss mitigation application. If consumers do not know the status of their application, they can not know the status of those foreclosure protections.     The final rule requires servicers to notify borrowers promptly and in writing that the application is complete, so that borrowers know the status of the application and have more information about their protections.     The CFPBs new rule clarifies that, if a servicer has already made the first foreclosure notice or filing and receives a timely complete application, servicers and their foreclosure counsel must not move for a foreclosure judgment or order of sale, or conduct a foreclosure sale, even if a third party conducts the sale proceedings, unless the borrowers loss mitigation application is properly denied, withdrawn, or the borrower fails to perform on a loss mitigation agreement.

Company response to consumer: Closed with explanation