Consumer complaint received 2023-02-14
Company: Mr. Cooper Group Inc.
State: NM
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Collected or attempted to collect exempt funds

Complaint:
XXXX XXXX XXXX introduced himself as the speaker of the bank Nationstar, and his office has since XXXX been made aware that XXXX XXXX 's social security funds ( exempt ) funds have been paying the XXXX  XXXX XXXX mortgage according to the real estate contract filed in court. The funds went to the bank, however, the bank used and has used those funds for the last decade and has not applied to the original debt of XXXX, loan that Mr Cooper says holds the note of XXXX  XXXX XXXX, as its new servicer. 
XXXX XXXX XXXX told the Judge that there " has been no payments '' and now wants to charge again for the 10 years the bank collected from XXXX XXXX double as his accounting is far from fair and honest and includes electronic transfer of government benefits of XXXX XXXX XXXX XXXX XXXX, who speaks for nationwide, also has stated that he does not want the money as the bank already got that, but is after the equity of XXXX XXXX XXXX XXXX XXXX NM XXXX, residence where the senior ( military widow ) has hold equitable title since XXXX. 
XXXX XXXX also has told us " he has the title '' and the bank told us that the money was given in checks to his customer as per a private agreement that we are not allowed to know. 
This money and the property equity belongs to XXXX XXXX, a senior who the bank has embezzled from and an audit is due. There are missapplied payments to the original note or a second loan opened for a third person in XXXX in the name of XXXX XXXX and XXXX XXXX, imvestors in florida who did not hold title nor had equitable position. 
XXXX XXXX has sent my mother threats he is going to keep the house, her money her furniture and all she possessed if a good offer " inwriting '' is not given to him and that the bank will make no counter on the house XXXX XXXX has lived in and has title of. 
The house has title insurance on parties in posession and XXXX XXXX is not an owner. 
XXXX XXXX and I have sought services of the division of vocational rehabilitation to help us get jobs to pay XXXX XXXX XXXX for his XXXX $ attorney fees he demanded and also to pay off the new loan that nationstar modified from XXXX ( the balance of the real estate contract ) to XXXX they doubled the mortgage in a private modification of the orignal XXXX  XXXX XXXX XXXX XXXX a second loan that mr cooper created with people who no longer lived on our home or have title to encumber. 
There is a loan created in XXXX by this law office, the investor '' and Mr cooper and they all want us to pay for it to keep it. 
The law is below and we just want to be treated like anyone else with orwithout a disability WE applied for a loan with XXXX  XXXX XXXX and mr cooper both have pulled credit asked for income information and identity information on the house at XXXX XXXX XXXX XXXX XXXX but XXXX XXXX XXXX is after the " highest and best offer '' and has published the house for sale in thee newspaper, on the internet ( XXXX  ) and on XXXX, Mr cooper company to. 
We acted in good faith and filled out a Mortgage assistance program with mr cooper under respa title x and title z as what we were told successors in interest, and XXXX XXXX XXXX or his associate referred the investor to an attorney, because we got the attorney correspondance in the investor name to our home, along with a 10 year voter registration that the XXXX XXXX annuled ( misdemeanor ). XXXX XXXX never lived in this house since XXXX. Please review the federal legislation, about mistakes intercepting funds from a third party, giving it to someone else other than the intended recipient ( which is the loan from bank XXXX XXXX of XXXX that should be around XXXX now ) and stating to the court that " no payments have been made, on the discharge note of XXXX and then because he can not collect form the people who made the loan illegally, he is after our money and our house We applied also for a mortgage with XXXX  XXXX XXXX ( original Debt collector ) and then wit Mr Cooper. All they did is pull my mom 's credit, my credit, take income and identity documents, tax returns, bank statements, paystubs, school transcript, disablity records, pension retirment funds on our address for a " refinance '' and instead they attempt to " verify the debt of the wrongful foreclosure on our neck, without giving us disclosures for the loan and the appplication copy or a ncopy of the authorization to pull credit nothing mailed to us, it was a curtain that XXXX  XXXX XXXX uses to collect a discharged debt of others on us. Please honest and fair accounting to locate misapplied payments per the regulation below is all we ask and stop the nonsense to sell our home for the debt of others acquired in XXXX. 
According to 1005.15 Electronic fund transfer of government benefits.Modified limitations on liability requirements.

( i ) For purposes of 1005.6 ( b ) ( 3 ), the 60-day period for reporting any unauthorized transfer shall begin on the earlier of : ( A ) The date the consumer electronically accesses the consumers account under paragraph ( d ) ( 1 ) ( ii ) of this section, provided that the electronic history made available to the consumer reflects the unauthorized transfer; or ( B ) The date the agency sends a written history of the consumers account transactions requested by the consumer under paragraph ( d ) ( 1 ) ( iii ) of this section in which the unauthorized transfer is first reflected.

( ii ) An agency may comply with paragraph ( e ) ( 3 ) ( i ) of this section by limiting the consumers liability for an unauthorized transfer as provided under 1005.6 ( b ) ( 3 ) for any transfer reported by the consumer within 120 days after the transfer was credited or debited to the consumers account.

( 4 ) Modified error resolution requirements.

( i ) The agency shall comply with the requirements of 1005.11 in response to an oral or written notice of an error from the consumer that is received by the earlier of : ( A ) Sixty days after the date the consumer electronically accesses the consumers account under paragraph ( d ) ( 1 ) ( ii ) of this section, provided that the electronic history made available to the consumer reflects the alleged error; or ( B ) Sixty days after the date the agency sends a written history of the consumers account transactions requested by the consumer under paragraph ( d ) ( 1 ) ( iii ) of this section in which the alleged error is first reflected.

( ii ) In lieu of following the procedures in paragraph ( e ) ( 4 ) ( i ) of this section, an agency complies with the requirements for resolving errors in 1005.11 if it investigates any oral or written notice of an error from the consumer that is received by the agency within 120 days after the transfer allegedly in error was credited or debited to the consumers account.

( f ) Disclosure of fees and other information. For government benefit accounts, a government agency shall comply with the disclosure and change-in-terms requirements applicable to prepaid accounts as set forth in 1005.18 ( f ). 

This an unaffordable modification loans onto hundred thousands of money down, and on top asking for XXXX cash to XXXXXXXX XXXX XXXX and XXXX attorney in a month does not consider our ability to repay their loans in full. I believe Mr Cooper misstated key terms on loan agreements, modificaiton agreements, including the principal and interest amounts, and did not disclose thousands of dollars in payments that they received from XXXX XXXX. In addition, XXXX XXXX packaged these illegal loans into a judgment against our property and equity and equity is or can be exchanged for money, which is what we have equity and the equity does not belong to the mortgagors that bought and bailed in XXXX but to us. This property is a family residence not a investment for an airbnb that it sold to investors who call my mother threatening her too..

Company response to consumer: Closed with explanation