Consumer complaint received 2016-04-29
Company: NATIONSTAR MORTGAGE LLC
State: MA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
My mortgage is with Nationstar Mortgage , LLC by assignment. On XXXX XXXX, XXXX Nationstar sent to me, addressed to me at the property concerning the loan XXXX its " RIGHT TO REQUEST A MODIFIED MORTGAGE LOAN. '' On XXXX XXXX, XXXX, my attorney received from Nationstar 's attorney a Reinstatement Quote providing figures good through XXXX XXXX, XXXX. The amount paid was exactly the total amount of the quote, sent directly to Nationstar on XXXX XXXX, XXXX. Nationstar 's letter stated " The total amount necessary for reinstatement must be received in full ... '' or threatening foreclosure proceedings will continue. I was not aware of any foreclosure proceedings until XXXX XXXX, upon receipt of a certified letter of Notice of Foreclosure from the same Nationstar law firm that provided the Reinstatement Quote! On XXXX XXXX, XXXX, after my own repeated but unsuccessful attempts to get Nationstar to communicate with me as the mortgagor and borrower listed on the mortgage, my attorney sent a letter directly to Nationstar, documenting all payments from the Reinstatement Quote payment and every month thereafter through XXXX XXXX. Each monthly payment from the Reinstatement Quote to date, including the XXXX monthly payment have been sent to Nationstar. I have learned that Nationstar documented receipt of each payment as I have the Payment History produced pursuant to a subpoena to Nationstar. The Payment History Statement from Nationstar shows each payment, including the Reinstatement Quote payment in a " suspend '' account. I did not know that Nationstar was not applying each and every payment to the mortgage but to this " suspend account ''. In addition, Nationstar has added on additional fees and charges as reflected on the Payment History Statement. Nationstar acted deceptively and unfairly. It clearly wrote that upon payment of the total amount of the Reinstatement Quote must be received and it was. Nationstar never stated that the Reinstatement would not be applied to the mortgage which was the sole financial issue associated with the Reinstatement. I paid it in full per the Nationstar attorney instruction, payment which included costs and fees for attorney fees. The lump sum payment of {$46000.00} which was received but now I learn not applied to the mortgage. Nationstar has continued to refuse to discuss this matter with me, even returning monthly payments that I have sent, not for any reason of the funds being good, which payment I had re-sent immediately to Nationstar by my attorney. Now Nationstar has sent me a Notice of Foreclosure. I have done everything I can to insure full payment on the Reinstatement Quote and monthly payment right up to date, this XXXX XXXX. Why on XXXX XXXX, XXXX, did Nationstar communicate directly to me, communicated through its attorney with my attorney when I was sending it {$46000.00}, but refuses to communicate now? And XXXX XXXX XXXX talked with me to set up elecronic payments. That is unfair and deceptive. When it was getting money it would communicate but thereafter it would not. It was receiving the payments but not applying them to the mortgage. I included a mortgage payment stub with every payment so as to identify the mortgage and for proper credit to the mortgage. Nationstar unilaterally chose to not apply the payments to the mortgage, which I believed were up to date. It is my understanding that the Homeowners Protection Act of XXXX was enacted specifically to protect consumers from banks doing exactly this, and acting unfairly and deceptively, failing to communicate, choosing to communicate when Nationstar was getting money but failing to communicate otherwise. Is n't the consumer supposed to be protected under the Dodd Frank Act? Now Nationstar is threatening to take my house. The Nationstar History of Payments shows Nationstar received the payments. Please advise ASAP.

Company response to consumer: Closed with explanation