Consumer complaint received 2018-02-17
Company: NATIONSTAR MORTGAGE LLC
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I am writing in regard to my real property and the fraudulent documents which have been filed regarding my property. The records on XXXX XXXX XXXX XXXX, XXXX  show that XXXX ( XXXX XXXX ) and XXXX are the investors in regard to my mortgage. The loan tool look up on the XXXX XXXX   website shows that XXXX XXXX does not own the loan. The county records indicate that XXXX XXXX XXXX XXXX XXXX is the owner of the note and the mortgage and also indicates that XXXX XXXX XXXX XXXX XXXX paid value for the note and the mortgage and this assignment of mortgage literally purports that the assignment assigned both the note and the mortgage to mortgage electronic registrations systems inc. It does not take a rocket scientist to see that fraud was committed regarding my property. XXXX XXXX XXXX XXXX XXXX does not buy property, sell property nor do they collect money for any property. They do not have any interest in the real property and they do not hold mortgages or notes. Fraud has also been committed in the assignment of mortgage from XXXX XXXX XXXX XXXX XXXX to nationstar mortgage. There is no corporate seal, no president or vice president signature and the person who executed the corporate assignment of mortgage works for Nationstar Mortgage, not XXXX XXXX XXXX XXXX XXXX.Florida legislative law statute 692.01regulates the assignment of Corporate Mortgages and states the assignment must be signed by 2 witnesses, unless the assignment is executed by a President or Vice President. The assignment must also contain the Corporate Seal and a corporate resolution. The assignment of mortgage was executed by the employee of Nationstar Mortgage, XXXX XXXX, who signed as " assistant secretary '' of XXXX XXXX XXXX XXXX XXXX XXXXXXXX There are no witness signatures, no Corporate stamp and no corporate resolution to give XXXX XXXX the authority to assign the mortgage to XXXX XXXX XXXX. The blank endorsement on the promissory note by a person using the title " attorney in fact '' is also fraud. The person who allegedly endorsed the note ( it is a fascimile signature, not a wet ink signature ) does not have a recorded power of attorney to endorse the note as attorney in fact and the company that the note was endorsed by is not a non profit organization in the state of Florida as required by Florida legislative law.The validity of power of attorney is regulated via Fl Statute 709.2106Validity of power of attorney. ( 2 ) A power of attorney executed before XX/XX/XXXX, is valid if its execution complied with the law of this state at the time of execution. Furthermore, legislative law 709.08 ( 2010 ) regulates who may serve as attorney in fact. ( 1 ) CREATION OF DURABLE POWER OF ATTORNEY. -- A durable power of attorney is a written power of attorney by which a principal designates another as the principal 's attorney in fact. The durable power of attorney must be in writing, must be executed with the same formalities required for the conveyance of real property by Florida law, and must contain the words : " This durable power of attorney is not affected by subsequent incapacity of the principal except as provided in s. 709.08, Florida Statutes '' ; or similar words that show the principal 's intent that the authority conferred is exercisable notwithstanding the principal 's subsequent incapacity, except as otherwise provided by this section. The durable power of attorney is exercisable as of the date of execution ; however, if the durable power of attorney is conditioned upon the principal 's lack of capacity to manage property as defined in s. 744.102 ( 11 ) ( a ), the durable power of attorney is exercisable upon the delivery of affidavits in paragraphs ( 4 ) ( c ) and ( d ) to the third party. ( 2 ) WHO MAY SERVE AS ATTORNEY IN FACT. -- The attorney in fact must be a natural person who is 18 years of age or older and is of sound mind, or a financial institution, as defined in chapter 655, with trust powers, having a place of business in this state and authorized to conduct trust business in this state. A not- for-profit corporation, organized for charitable or religious purposes in this state, which has qualified as a court-appointed guardian prior to XX/XX/XXXX, and which is a tax-exempt organization under 26 U.S.C. s. 501 ( c ) ( 3 ), may also act as an attorney in fact. Notwithstanding any contrary clause in the written power of attorney, no assets of the principal may be used for the benefit of the corporate attorney in fact, or its officers or directors. There is no power of attorney recorded which would give XXXX XXXX the authority to endorse a promissory note in blank as " attorney in fact ''. The subject note is therefore rendered non-negotiable. The XXXX XXXX XXXX XXXX XXXX XXXX XXXX does not have a place of business in this state and is not authorized to conduct trust business in this state, is not a tax exempt organization and is not organized for charitable or religious purposes in this state. XXXX XXXX does not qualify as an " attorney in fact '' under the laws which govern who may serve as an attorney in fact. Furthermore Nationstar Mortgage, LLC has violated my rights as a federally protected consumer. Nationstar Mortgage, LLC is in violation of 15 U.S.C. 1601, et seq. under the fair debt collections practice Act for not notifying the consumer that the debt may be disputed.XXXX XXXX XXXX has filed a lis pendens against my homestead property, which is owned in tenancy by entirety. Nationstar Mortgage is a debt collector and is not the owner of the note or the mortgage. Nationstar Mortgage has filed forged, counterfeit copies of the note and the mortgage in the XXXX County civil court records. Nationstar Mortgage hired a law firm XXXX XXXX XXXX XXXX XXXX which is not eligible to practice law in the state of Florida. Nationstar Mortgage and its counsel have filed affidavtis and certifications with the court which is in violation of FDCPA 151692e ( 2 ) ( A ), ( 10 ) and 1692F by the use of affidavits the Plaintiffs knew or should have known were unsupported by personal knowledge. This is well established FEDERAL case law. See : Consumer Financial Protection Bureau v. XXXX XXXX XXXX XXXX XXXX, XXXX, et al., No. 
XXXX, XXXX WL XXXX ( N.D.Ga., XX/XX/XXXX ). XXXX XXXX XXXX is a debt collector/judgment creditor and has not provided proper identification to validate the debt through the XXXX   which is used by the FASB ( Financial Accounting Standards Board ). ( Generally accepted accounting principles, which all banks & financial institutions must follow ). Furthermore, Nationstar Mortgage is not the original creditor and must provide all original account/loan level documents per the CFPB vs XXXX, so the consumer may verify dispute or validate the documents. This is well established FEDERAL case law. See : Consumer Financial Protection Bureau v. XXXX XXXX XXXX XXXX XXXX, XXXX, et al., No. XXXX, XXXX WL XXXX ( N.D.Ga., XX/XX/XXXX ).

Company response to consumer: Closed with explanation