Consumer complaint received 2020-04-07
Company: Mr. Cooper Group Inc.
State: TX
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I received an email from a XXXX XXXX along with a single page attached on XX/XX/XXXX. The email read The final pay off amount for XXXX, XXXX will be {$86000.00} This information is provided by XXXX XXXX on XXXX. It was emailed from XXXX. The subject line read Re : XXXX XXXX XXXX ( Payoff amount for XXXX and insurance info.The insurance info was a single page showing coverage of {$77000.00} on a single story dwelling from a XXXX XXXXXXXX XXXX listing my home address and XXXX XXXX, XXXX XXXX , as registered agent. XXXX XXXX was the insured. I responded to that email disagreeing with the amount and asked for some sort of statement of accounting because XXXX XXXX was asking for more than the {$85000.00} financed and I had made payments for 5 years and 7 months consecutively. She responded with just saying no she was correct. On or around XXXX XXXX, XXXX XXXX XXXX XXXX XXXX Attorney In Fact for a XXXX XXXX mailed me a Notice of substitute trustee sale The notice had a sale date of XXXX XXXX, XXXX A date of XX/XX/XXXX An amount of {$95000.00} Borrower XXXX XXXX XXXX XXXX XXXX Collateral : All of Debtors interest in the real property legal described as : XXXX XXXX XXXX  XXXX XXXX XXXX XXXX  XXXX XXXX according to the map and plat there of recorded in the Deed Anns Plat Records XXXX County , Texas . The Note section is blank. This is dated XX/XX/XXXX and has a file stamp of XX/XX/XXXX in XXXX County Records. XXXX XXXX never lended me any money. I was the only person providing money in the purchase of my home. I was in a TREC   contract with XXXX XXXX for my home. It was already signed by us both for the home {$85000.00} financed for 360 months no balloon payment ; until I received XX/XX/XXXX closing documents showing a balloon payment due XXXX XXXX, payments of {$850.00} every month/ {$600.00} being the house payment and the other being taxes. I am wanting to see the bank statements and escrow accounting for the time period of XX/XX/XXXX thru XXXX, XXXX and the payment records for taxes, and all transfer records. And the proof that XXXX XXXX has showing {$95000.00} going from her hand to mine. I want to see the substitute trustee recorded appointment and I want to see proof of XXXX XXXX identity. I want to see the accounting for the down payment made on the property and proof she owned the property when she sold it to me. 
When I obtained legal representation and stopped the sale date, another debt collection letter came dated XX/XX/XXXX for a sale date of XX/XX/XXXX. This notice contains all the same information as the previous notice except it is listing XXXX XXXX name first above XXXX XXXX XXXX XXXX Attorney in fact at XXXX XXXX XXXX XXXX XXXX in XXXX XXXX , Texas . After firing the first attorney hired after the discovery of {$21000.00} in receipts missing from my receipts of payments to XXXX XXXX a new hired attorney chose to conspire with XXXX XXXX XXXX XXXX and XXXX XXXX and in the printed emails left in my file that were my attorney and XXXX XXXX Attorney planning and executing the sale of my home they had agreed on the figures that XXXX will have the HUD 1 payoff Mr Cooper and XXXX loans paid in full their ( your, XXXX XXXX XXXX XXXX ) further states there is a first and second on this property Mr Cooper total payoff by XXXX XXXX {$47000.00} XXXX XXXX XXXX payoff is {$13000.00} subtotal {$60000.00} BUT again there is language of a loan between XXXX and I in an amount said to be {$78000.00} and Mr. XXXX took the liberty of adding Attorney fees of {$5000.00} making a total of {$83000.00} these documents were emailed back and forth plan discussed of running it through the uncontested docket, signed by a judge, filed in the court records, being fully executed. But I never received any documentation of this sale. I am requesting / demanding the pay off accounting and statements and a copy of the HUD1.

Now I am needing to have the documentation and explanation of how my home was sold, if it wasnt is it fraud on the court? And AGAIN I receive another notice of substitute trustee sale dated XX/XX/XXXX this time the amounts are base amount due as maturity : {$88000.00} / unpaid principle past maturity ( 18 % ) {$34000.00} / subtotal {$120000.00} / Attorney Fees XXXX / Cost {$120.00} / Total due XX/XX/XXXX {$130000.00} It continues to read : please contact XXXX XXXX XXXX XXXX for current payoff instructions at my address above please be advised if this payment is not received by XXXX the mortgagee will exercise the rights under the loan documents and foreclose the loan at public sale, Tuesday, XXXX, XXXX at XXXX. In accordance with the federal and Texas laws regarding fair debt debt collections unless you within thirty days after receipt of this notice, dispute the validity of the debt set forth above or any portionhereof the indebtedness will be assumed to be valid. This notice is signed by XXXX XXXX XXXX XXXX Attorney for XXXX XXXX. Now I want to know how you, XXXX XXXX XXXX or and XXXX XXXX can act as an Attorney in fact and harass me for months, years inducing lawsuits when an attorney in fact is not allowed to handle assets held in trust? How can you impose a debt on me of {$130000.00} and state you will respond to my letter of validation when you did not. Mailing me copies of public record court papers and passed made up accounting graphs from your home computer is not accounting. I want to see the reasoning on how you decided I owed this last mentioned notice and the removal of trustee documents recorded. You stated in this debt collection letter you would reveal the original creaditor upon my request and you did not.I mailed to you by certified letter and I faxed you the same validation letter but you not XXXX XXXX responded until I received again a substitute trustee sale notice this time 2 in the same envelope? dated XX/XX/XXXX And XXXX XXXX, XXXX stating I owe {$130000.00} and contains debt collection language but you are threatening to sell my home ...., you already did once. On XX/XX/XXXX you sold my home to XXXX XXXX for a credit bid of {$88000.00}.? I want all tax certificates and the deed of trust back I want all XXXX XXXX XXXX accounting and I want copies of all the escrow account. I want copies of proof you owned my home when you sold it to me XXXX XXXX, XXXX. 
I demand documented proof that you obtained a legal confessed judgement by me. I demand documentation of the mortgage loan you have repeatedly made demands for payment of and of the investment contract you are holding / have held me liable for that I am not a party that is the Pooling and Servicing Agreement. The Statue of Frauds was made to prevent the very thing you have been doing to me. See UCC at 2-201. You have made me an undisclosed third party to a loan modification ; to a contract I am not a party to. This is why you have never been able to show my payments going to a servicing company you are sending them as cash flow to the investors. You kept using the term mortgage in your debt collection letters but a note is a security as you know, this was undisclosed to me along with a disclaimer that was supposed to be in the credit application under Title 16 16 car 433.2 which says the buyer/seller takes it subject to all defenses and claims that the buyer could assert against any transferee or any buyer who buys it. But you Took it out of the loan application. So there is no holder in due course meaning you take it subject to my claims and defenses I am claiming recoupment under UCC 3-305 under UCC 3-306 I am encoring my proprietary and possession art and property interest in the note and its proceds. Also I am encoring my right to rescind the endorsement on the note. The rider XXXX XXXX made the wrap around deed of trust with modifies the conditions of payment and supplements and governs the promissory note. UCC 3-106 ( D ) it cant be negotiated instrument if it is subject or governed by extraneous documents outside the promissory note and you made it subject to an adjustable rate Ryder and a deed of trust. You can not collect an alleged debt on what you call a mortgage and sell someones property when it is not a note or a negotiable interest. It has a maturity longer than nine months making it a security. I am encoring my right to claim under UCC 3-306 the proceeds, rescuind the negotiation, and am claiming my possessionary and property right in the proceeds in the investment contract. I demand a quick response with my demands met as they are rightfully mine and more than owed to me.

Company response to consumer: Closed with explanation