Consumer complaint received 2018-03-21
Company: NATIONSTAR MORTGAGE LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
We, as husband and wife, have had no choice but to recently, on XX/XX/XXXX, file a civil complaint in the Superior Court of California for the County of XXXX, as Plaintiffs in Pro Per, a Verified Complaint to XXXX XXXX XXXX Complaint after failing to obtain required information and debt validation we have repeatedly requested as required from Nationstar Mortgage LLC and the law firm XXXX XXXX XXXX XXXX XXXX  XXXX XXXX ( XXXX XXXX XXXX XXXX ), who are entities that are self-stated debt-collector and mortgage servicer and self-stated substituted trustee of a deed of trust respectively. Both these entities have been filing and have filed multiple recorded documents into our County of XXXX public records under our names and against our real property which is our primary dwelling and principal residence which we occupy and have occupied for 30 continual years. 
On XX/XX/XXXX Nationstar Mortgage LLC received in hand, by XXXX Overnight Delivery ( proof attached ) our formal Notice of Error/Request for Information letter ( XXXX ), invoking 12 C.F.R. 1024.35 RESPA amended. We have gotten NO acknowledgement of receipt from Nationstar to date, as per the statute, resulting in a violation of timely acknowledgment in writing from a mortgage-servicer and debt-collector under RESPA 12 C.F.R. 1024.35 AS AMENDED. This entire NOE/RFI letter and all attachments was copied to the Substituted Trustee XXXX XXXX XXXX XXXX as well. We have proof of receipt by XXXX Overnight Delivery to all recipients as of the morning of XX/XX/2018. See attached our letter to Nationstar pointing out their untimely non-response in violation. We resent our entire original XXXX letter with our most recent notice to Nationstar of their non-compliance with timely acknowledgement of receipt. 
The filing of our XXXX  Complaint two hours prior to the sale on XXXX XXXX successfully stopped the sale ; but XXXX XXXX XXXX XXXX, substituted trustee, postponed the sale only one week to XXXX XXXX, 2018 ; even with proof of active litigation. We were then informed by phone at the last minute that parties postponed to XX/XX/2018 which is upon us. 
There is an imminent foreclosure and trustees sale scheduled for Thursday XX/XX/2018 at XXXX XXXX, even while litigation is pending, which would cause unjust and irreparable harm, before any trial or discovery would have had time to ensue that could prove or disprove these parties even have any lawful right to conduct such a foreclosure sale and dispossess us of our only home and dwelling. 
Attached please find our formal Notice of Error ( NOE ) and Request for Information ( RFI ) by XXXX Overnight Delivery ( proof attached ) to Nationstar Mortgage LLC and copied to XXXX XXXX XXXX XXXX. Our verified complaint for quiet title is aimed at simply calling into the court a true current owner of a debt charged against us and for the true injured party to thereby appear, prove its standing, prove its injury and extent of its injury. 
Note : Nationstar Mortgage XXXX recently added the designation d/b/a/ Mr. Cooper XXXX its name. We will be amending our XXXX XXXX XXXX to add this name as an additional Defendant, i.e. to be added to list of Defendants is : Nationstar Mortgage XXXX d/b/a/ Mr. Cooper XXXX At this time the publicly recorded Notices of Default and Notices of Trustee Sale against us, filed by the XXXX XXXX XXXX XXXX law firm omit the additional designation d/b/a Mr. Cooper in the name of their alleged authority instructed them as its appointed substituted trustee. 
We appeal to the consumer protection laws and the scrutiny of the Consumer Financial Protection Bureau to provide oversight as to this self-stated mortgage-servicer Nationstar Mortgage LLCs meaningful reply and substantive corrections BEFORE presiding over any and all directives to the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX entity to proceed with a foreclosure credit-bid auction and trustee sale of our home without either party providing any Power of Attorney document nor any other validation or proof whatsoever that it represents an entity BY ANY NAME, the discrepancies of names filed between these both debt-collectors notwithstanding, naming an alleged entity who owns a debt charged against us and secured by our home and property. Neither has any such entity, whose name allegedly starts off XXXX XXXX XXXX XXXX as Trustee .... OR contradictorily by one of these debt collectors, the name allegedly starts off Nationstar Mortgage LLC,  as Attorney-in-Fact-For XXXX XXXX  XXXX XXXX as Trustee .... has in fact made any claim against us, in either name, directly from itself as Principle and True Beneficiary, and not merely through unproven self-stated agents ; which would result in grave injury to us and our family and subject to amendment to our civil complaint for damages to the fullest extent of the law. 
Both Nationstar Mortgage LLC / Nationstar Mortgage LLC dba Mr. Cooper and XXXX XXXX XXXX XXXX should both be investigated for attempting to evade the requirements of our Notice of Error letter under 12 C.F.R. 1024.35 RESPA as amended and first provide their required meaningful response making any substantive corrections to bring them into lawful compliance with such an extreme injury they threaten to undertake against us ; in light of our active litigation and all we allege therein. 
We invoke the CFPB to scrutinize this dispute and the unwillingness of these entities to engage in Alternative Dispute Resolution in any voluntary manner with us ; and to task the CFPB with due scrutiny and oversight that we are in fact engaged in active litigation in our courts of law which should be allowed to proceed to trial and discovery before parties be allowed to schedule and attempt in any manner a NON-JUDICIAL irreparably harmful foreclosure against us. 
There are fatal defects of their several publicly recorded documents and other writings and filings into the public record. There has been no appearance or claim made by any injured party and owner of a debt charged against us there have only been claims of indebtedness and threats of foreclosure brought by third party debt-collectors subject to the FDCPA ( Fair Debt Collections Practices Act ) and other governing law. We therefore invoke all our lawful rights and consumer protections by law and respectfully request that the CFPB track and investigate our complaint and the specific errors and disputed assertions described in our attached NOE letter below. 
The entity XXXX BAXXXX, XXXX. as well as its parent company XXXX XXXX have informed us that they have ZERO KNOWLEDGE of our loan-level data pertaining to just our loan, nor do they seem to have any knowledge of the document filings conducted in their names under an entity name put forth by Nationstar Mortgage LLC as XXXX XXXX  XXXX XXXX, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF XXXX XXXX XXXX XXXX XXXX PASS-THROUGH CERTIFICATES SERIES 2007-7. 
Curiously, as well as highly suspect of inaccuracy and a failure to establish lawful standing and authority, is the name of the entity put forth by XXXX XXXX XXXX XXXX XXXX XXXX XXXX as the alleged owner of the debt and note, i.e. CONTRADICTING NATIONSTAR, the servicer, XXXX & XXXX XXXX states that they are authorized for and collecting for NATIONSTAR MORTGAGE LLC, AS ATTORNEY-IN-FACT FOR XXXX BANK, XXXX XXXX, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF XXXX XXXX XXXX XXXX XXXX PASS-THROUGH CERTIFICATES SERIES 2007-7. [ Underline emphasis added ]. 
Finally, we are in California a non-judicial foreclosure state : We object in principle to this state of affairs i.e. that it is legal for dwellers of their principle-residence property to be dispossessed of shelter home and real property without due process to parties who may in fact lack any proof of standing or authority to conduct or benefit from such a foreclosure. We have challenged the standing and proof of authority of all parties making adverse claim against us and our real property in a court of law with our Complaint for XXXX XXXX exhibited here. 
We appeal to the CFPB to support consumer rights and protection laws by investigating the conduct and the documents filed and presented by Nationstar Mortgage LLC and XXXX XXXX XXXX XXXX XXXX XXXX XXXX upon which they claim as valid and granting questionable authority for their adverse and irreparably harmful actions against us and our family and only real property and dwelling we own ; yet these entities preside over an apparently UNAUTHORIZED DEBT-COLLECTION PROCESS INCLUDING UP TO FORECLOSURE EVEN WHILE AN ALLEGED OWNER OF THE DEBT AND NOTE has no knowledge or makes no direct claim against us for ANY loan because it has NO LOAN-LEVEL DATA therefore does not and could not know if it is an injured party owed a debt at all! Furthermore the two debt-collection entities, Nationstar and XXXX XXXX  XXXX CONTRADICT one another consistently in writing on formal publicly recorded and court-filed documents as to the name of the entity for whom they act as agent debt collectors! 
Our Verified Complaint to XXXX XXXX calls into the court the TRUE INJURED PARTY and not its self-stated agents, such as these who appear to be filing false, contradictory, and thereby arguably fraudulent documents into public records. Upon the appearance of a True Injured Party who proves its standing in its own sworn testimony and by its own personal knowledge that it paid for value to become the subsequent owner of a valid debt secured by our home and real property ; we are quite prepared to engage in Alternate Dispute Resolution with this entity and cure their injury in some reasonable negotiated settlement ; in order to retain our home and dwelling. We object, however, to these ongoing attacks at dispossession of our dwelling and property perpetrated by self-stated unproven third-parties who to date have refused, evaded and have failed to provide any Power of Attorney or proof of agency relationship with their principle who they claim is the injured party. Certainly we waive no lawful rights to settle directly with the entity to whom we directly owe a cure to this long standing debilitating controversy. We therefore are not suing to win a free house! We only wish the appearance and proof of standing of our true creditor, if it exists, so we know who exactly we would make valid payment to ; in honor and transparency ; and in keeping with a valid contract for the same.

Company response to consumer: Closed with explanation