Consumer complaint received 2018-09-13
Company: NATIONSTAR MORTGAGE LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX, I filed petition for relief under chapter XXXX of the United States Bankruptcy Code for the XXXX District of Florida case no. XXXX. On XX/XX/XXXX, the court entered the Order confirming Chapter XXXX plan. For over two years i have successfully complied with the Chapter XXXX plan and made all payments timely to the current servicer XXXX XXXX. Although default no longer exist and the account is current, Nationstar mortgage has maintained the legal action in the state court. See docket for the eleventh Judicial Circuit case no. XXXX. Nationstar has failed to dismiss the foreclosure action despite that the account is being paid thorough the Chapter XXXX plan and for over two years. In review of all documents filed in the foreclosure action, we found the following material : The law offices of XXXX, XXXX & XXXX, XXXX, filed the foreclosure complaint and claimed to be an action to reestablish a promissory Note pursuant to Section 71.011 and 673.3091. In its complaint Nationstar stated that a prior foreclosure was filed with the original note. Mr. XXXX XXXX attached to the complaint a copy to the allege original note. The note reflects and endorsement and also the word stamped Corrected. 



On XX/XX/XXXX, XXXX XXXX XXXX, filed the allege Original Note. The second page to the note does not reflect the endorsement and the words corrected referenced in the initial complaint filed. The last page of the allege original note clearly reveals that it had been doctored to remove the endorsement. The plaintiff in this case can not present or claim to have possession to the original note with a doctored and falsified copy of a note. A promissory note is a negotiable instrument. XXXX XXXX   XXXX XXXX XXXX XXXX XXXX, XXXX So. XXXX XXXX, XXXX XXXX XXXX XXXX DCA XXXX ). Where a document is negotiable instrument, the best evidence rule, as codified, requires the production of the original. 90.953 ( 1 ), Fla. Stat. ( 2016 ) ( A duplicate is admissible to the same extent as an original, unless .. [ t XXXX he document or writing is a negotiable instrument. ). Therefore a party who seeks to enforce on a mortgage must produce the original note. XXXX, XXXX So. XXXX at XXXX. A promise or order is payable to bearer if it : ( a ) [ s ] tates that it is payable to bearer ; ( b ) [ d ] oes not state a payee ; or ( c ) [ s ] tates that it is payable to or to the order of cash to otherwise indicates that it is not payable to an identified person. 673.1091 ( 1 ), Fla. Stat. if an instrument is payable to bearer, it may be negotiated by transfer of possession alone. 673.2011, Fla. Stat. In XXXX v XXXX the endorsement or allonge indicated to be part of the note, and an original note is required, it follows that an allonge or endorsement is required. Partially relying on XXXX, the second District reached this conclusion in a similar case : These documents are insufficient to show that Nationstar had standing to foreclose. Though a copy of the note and endorsement attached to the complaint indicate that the note was transferred to Nationstar. However, Nationstar never filed the original endorsement. In order to prevail in a suit on a note and mortgage, the original note and mortgage must be given introduced into evidence or satisfactory reason must be given to do so. XXXX XXXX XXXX, XXXX so. XXXX XXXX, XXXX ( XXXX XXXX DCA XXXX ). Because an endorsement is essentially part of the note, XXXX XXXX XXXX XXXX XXXX XXXX, it was necessary for Nationtar Mortgage to have filed the original endorsement along with the original note. In this case, Nationstar Mortgage failed to filed the original endorsement and did not plead to a lost instrument count. Plaintiff actions are construed to be fraud upon the court. Nationstar must be sanction. It is clear that nationstar has acted and continues engaging in unlawful banking practices while maintaining a legal action despite that the account is not in default. We are asking for sanctions against Nationstar and XXXX XXXX. XXXX XXXX is receiving payments and applying to the account. They are the new servicer and have done nothing to dismiss the foreclosure action. We are also asking for sanctions against XXXX XXXX for their fraudulent acts.

Company response to consumer: Closed with explanation