Consumer complaint received 2017-10-22
Company: NATIONSTAR MORTGAGE LLC
State: NJ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
XXXX XXXXXXXX/Mr. Cooper is clearly misrepresenting themselves as the real party in interest and the holder in due course with legal standing to demand payment. I have on few occasions contacted this office to dispute their claim in accordance with 15 U.S.C 1692g. Your office has failed to validate the debt within 30 days either willfully or negligently.

Where the complaining party can not prove the existence of the note, then there is no note. To recover on a promissory note, the plaintiff must prove : ( 1 ) the existence of the note in question ; ( 2 ) that the party sued signed the note ; ( 3 ) that the plaintiff is the owner or holder of the note ; and ( 4 ) that a certain balance is due and owing on the note. See In Re : XXXX XXXX XXXX. v. XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX ( XXXX XXXX XXXX. XXXX ; XXXX XXXX XXXX XXXX XXXX. ) Volume 29 of the New Jersey Practice Series, Chapter 10 Section 123, page 566, emphatically states, ... ; and no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon. It would seem that the mortgagor would normally have a Common law right to demand production or surrender of the bond or note and mortgage, as the case may be. See Restatement, Contracts S 170 ( 3 ), ( 4 ) ( 1932 ) ; C.J.S. Mortgages S 469 in Carnegie Bank v Shalleck 256 N.J. Super 23 ( App. Div 1992 ) ,606 A2d 389. 

Under the New Jersey Uniform Commercial Code ( NJUCC ), promissory note is instrument, security interest in which must be perfected by possession ... Unequivocally the Courts rule is that in order to prove the instrument, possession is mandatory. In addition to the note, another element of proof is necessary an accounting that is signed and dated by the person responsible for the account. Claim of damages, to be admissible as evidence, must incorporate records such as a general ledger and accounting of an alleged unpaid promissory note, the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger. See Pacific Concrete F.C.U. V. Kauanoe, 62 Haw. 334, 614 P.2d 936 ( 1980 ), When the underlying mortgage is evidenced by an instrument meeting the criteria for negotiability set forth in N.J.S. 12A:3-104, the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to N.J.S. 12A:3-302 '' Since no one is able to produce the instrument there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course. New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question, prove that the party sued signed the alleged note, prove that the plaintiff is the owner and holder of the alleged note, and prove that certain balance is due and owing on any alleged note. 

I ask that while the alleged debt is in dispute, under investigation that you not contact me by phone, I consent only to contact in writing at my address only, further that you cease reporting and collection initiatives at this time, inform the major credit bureau that this account is currently in dispute. 
12 CFR 7.1017 ( a ) ( 2 ), 12 CFR 7.2019 ( b ), HJR 192, P.L. 73-10, P.L. 89-719, sec. 6323 ( a ) ( 1 ) ( A ) ( B ). All Rights Reserved and retained, without recourse.

Company response to consumer: Closed with explanation