Consumer complaint received 2019-02-06
Product: Mortgage — Other type of mortgage
Issue: Struggling to pay mortgage — 
Company: Mr. Cooper Group Inc. (NJ)

This complaint is filed against Nationstar Mortgage, LLC, d/b/k Mr. Cooper ( Nationstar ) for the many improper and possibly illegal servicing practices they have conducted against me in clear violation of the CFPB Rules. Specifically rules governing TILA, RESPA and prohibitions against Dual Tracking. My complaint outlines the deceptive actions taken by Nationstar on behalf of the alleged Plaintiff, XXXX XXXX, XXXX XXXX as Trustee for the Holders of XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Mortgage Pass-Through Certificates XXXX XXXX ( XXXX XXXX  ) in New Jersey Foreclosure Case Number XXXX. Nationstar most probably acquired the mortgage servicing rights for the loan in question through the purchase of $ XXXX worth of Mortgage Servicing Rights for XXXX from XXXX  XXXX XXXX in XXXX. See https : XXXX Two different Assignment of Mortgages were recorded with the XXXX County Clerk , Assignments are as follows ; 1 ) Instrument number XXXX, Book XXXX, Page XXXX, recorded on XX/XX/XXXX. Assigns the Mortgage from Address ; XXXX XXXX XXXX XXXX, XXXX XXXX, CA XXXX to Nationstar Mortgage, LLC dated XX/XX/XXXX. There are at least four entities which share this address ; XXXX, XXXX, XXXX XXXX XXXX XXXX, XXXX and XXXX   XXXX XXXX, XXXX. Which one are they referring? This Assignment of Mortgage is facially invalid ; the Grantor can not be determined on the face of the Instrument.

2 ) Instrument number XXXX, Book XXXX  XXXX, Page XXXX, recorded on XX/XX/XXXX, Assignment of Mortgage from XXXX  XXXX XXXX XXXX. successor by merger to XXXX XXXX XXXX, by Nationstar its Attorney in Fact to XXXX XXXX, dated XX/XX/XXXX and signed XX/XX/XXXX, This Assignment of Mortgage is facially invalid ; there is no Power of Attorney recorded with this Instrument granting the authority of Attorney in Fact to Nationstar. 
How could XXXX  XXXX XXXX XXXX. assign the Mortgage? it was previously assigned to Nationstar by a part of XXXX  XXXX XXXX at the Address ; XXXX XXXX XXXX XXXX, XXXX XXXX, CA XXXX. What role does XXXX   XXXX XXXX XXXX. still hold if any? Based upon my payment records to XXXX  XXXX XXXX, from XX/XX/XXXX through of XX/XX/XXXX payments were made to XXXX, DESC : XXXX, Co. ID:XXXX, well before and after the cutoff dates for the XXXX  XXXX Trust. I have to question if the loan was ever delivered to theTrust because the payments did not change to pay the Trust. XXXX XXXX  was the holder/owner of the loan until XXXX, which is really XXXX  XXXX XXXX since they bought out XXXX XXXX  in XXXX. Did the Private Label Trust XXXX  XXXX Trust really qualify for the Mortgage Pass-Through status or did Nationstar purchase the loan in the bulk buy at a considerable discount? 
Considering the Assignment 1, is assigned from an address and not an entity it does comply with the requirements of section 7.20 of the Agreement dated XX/XX/XXXX, between XXXX  XXXX XXXX XXXX. and Nationstar Mortgage, LLC. 
Section 7.20. Use of Name. 
Except as otherwise required by applicable law, Purchaser shall not use Sellers name in connection with Purchasers or its designees servicing of the Mortgage Loans or ownership of the Purchased Assets after each applicable Servicing Transfer Date, and shall remove all references to the name of Seller in materials and communications used in connection with Purchasers or its designees servicing of the Mortgage Loans or ownership of the Purchased Assets promptly after such Servicing Transfer Date. 
See full Agreement at ; https : XXXX In the Foreclosure Case, XXXX, the Chain of Title cited only the Assignment of Mortgage, ( number 2 above ) which supported the Foreclosure Action. I made issue of this in my pleadings stating facts where laws and rules were being violated but they went unheard due to my lack of legal knowledge regarding courtroom procedures, the deceptive practices, presumptions and faulty documents. 
I have two letters from XXXX  XXXX XXXX dated XX/XX/XXXX and XXXX, XXXX, naming XXXX XXXX  ( XXXX XXXX ) as the holder/owner of the loan. 
When I could no longer afford to make the payments to XXXX  XXXX XXXX in XXXX, years before Nationstar gained the Servicing Rights and XXXX XXXX  Assignment as Trustee both recorded Assignment of Mortgage were in XXXX. Both the Note and Mortgage are Defective Instruments in XXXX, breaking the Security Interest and making this a wrongful foreclosure action. 
The National Settlement reached between the Government and XXXX  XXXX XXXX XXXX XXXX XXXX EXHIBIT on the SEC website did contain the XXXX  XXXX Trust in Annex XXXX, but the case is sealed from the people which I feel is improper considering we the people bailed them out of hot water for playing fast and loose with homeowners mortgages and investors money to increase the banks assets and profits on the stock market or other investments. The mortgage was transferred from XXXX  XXXX XXXX XXXX. as Servicer for XXXX XXXX  ( XXXX XXXX ) as holder/owner to Nationstar and XXXX XXXX  right before the settlement was signed. 
The Loan Modification I received on XX/XX/XXXX, was a XXXX XXXX XXXX XXXX stating Nationstar Mortgage, LLC is the Servicer or Lender ( Lender ) and first lien holder on the original loan with XXXX XXXX   in XXXX. Both of these statements are untrue, unless they meant it will be true once the Loan Modification is signed. The Loan Modification only cites the original Mortgage with XXXX XXXX  and It appears that filing two different Assignment of Mortgages was a fortunate mistake or a planned action to support the deception.

The proposed Loan Modification had no mention of XXXX XXXX, as if it never existed. That has been my assertion in my Answer along with other facts supporting my belief that Nationstar is merely a debt collector with no right to the Security Instrument and the Plaintiff XXXX XXXX  is not the real party in interest or maybe not a party at all. 
See my previous CFPB Complaint Number XXXX, regarding Nationstar, XXXX XXXX  and the Attorneys failure to comply with the New Jersey Debt Collector Bonding Requirements. I did not press the issue at the time since I thought I was in serious loan modification negotiations, not a series of deliberate actions to keep me in the dark and ensuring I never received Notices, advising me not to pay since my account had a surplus, late and last minute receipt of documents with no explanation and standing ready for the Sheriff Sale in an instant. This is a clear violation of the CFPB Rules Prohibiting Dual Tracking in addition to the deception of account balances in surplus and verbally misleading me to justify the sale. 
While preparing for Trial I was hit with a Summary Judgment and without being able to address my facts and law I was silenced and Summary Judgment was granted. When I got home in shock there was a letter approving me for Court Mediation. I submitted my mediation package for Loss Mitigation at the time I filed my Answer in XX/XX/XXXX. Isnt that curious? Should the Foreclosure Case have ever been commenced under the CFPB rules? 
I pursued a loan modification in good faith, not because I believe I owe a debt to the Plaintiff, but because I found no remedy in court. While in Active Loss Mitigation, Trial Period payments were made, the Plaintiff motioned for Final Judgment which was granted. I was unaware of this since I was assured by Plaintiffs Attorney nothing would happen while in mediation. A letter was submitted by the Plaintiffs Attorney to Withdrawal the Motion for Final Judgment but it was stamped received but not filed, by the court. Once again I was totally unaware of these actions and non actions because I received no Notice. The court file states it was electronically sent to the Attorney for the Defendant ; one big problem I did not retain an Attorney for the foreclosure case so where were these documents sent and to whom? if in fact they were sent. 
On XX/XX/XXXX, a Sheriff Sale Notice was anonymously taped to my front door. After contacting the court and asking how could this be without Notice of Final Judgment? Magically on XX/XX/XXXX, I received a letter from the Plaintiffs Attorney serving as Notice of Final Judgment,14 months after the fact. Unaware of any of these actions I requested and received my court Foreclosure File disc XX/XX/XXXX. This is how I discovered the Request to Withdrawal the Final Judgment and had I been properly noticed I would have addressed the issue at that time. It seems that Notice was supposedly sent to the Defendant electronically ; the major problem being no one informed me of this change and I do not possess a user ID ( Bar ID ) so I was never noticed on these actions in clear violation of CFPB rules. 
Being caught totally off guard, with a sale looming in two weeks and after using my two adjournments I filed for Bankruptcy but I did not have time to prepare a defense in a different court, different forms and procedures, before the case was dismissed.

Next I retained a Law Firm specializing in getting loan modifications. I was approved for a trial period yet again but I never received any paperwork. I made the three payments XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX and still no paperwork, I was assured it was coming, the Trial Period letter finally was received on XX/XX/XXXX, after the trial period was over. By now I am thinking I was scammed and then a package arrived, it was a XXXX XXXX XXXX XXXX and it states Nationstar as the Lender and first lien holder to my original mortgage loan, both of which are untrue statements. Now I feel foolish I had to be scammed, how could a separate entity never mentioned in the Foreclosure Case, XXXX, offer me a loan modification? by what authority? I had checked the XXXX XXXX look up tool several times over the past few years and every time it reported back XXXX XXXX does not own your loan. 
Right after I received the XXXX XXXX XXXX XXXX, I was notified of the return of the remainder of the monthly retainer from the loan modification Law Firm since their job was done and I received the Modification. Wow. I could not even question them. 
I called my Nationstar dedicated loan representative, XXXX XXXX, he was replaced. When I asked my new dedicated loan specialist, XXXX XXXX, if I make the same payment as the trial period payments, he said since I was approved for a Mod and I do not have to do anything right now since my account is over {$3000.00} in credit, I asked how could that be and he said just wait for the Modification. Since he had no record of the Modification yet I could not ask if the one I got was real I did not correct him I needed answers to my questions. I was stuck between a rock and a hard place ; pressure to sign a knowingly false document or have them sell it out from under me. Every month I have been threatened by Sheriff Sale, then just prior to the sale it is adjourned and rescheduled for the next month. The whole time I was in active Loan Mitigation and once again a clear violation of the CFPB Rules. I questioned my Attorney from the loan modification Law Group and he said he would take care of it and not to worry. I guess he did not take care of it. 
An Alias Writ of Execution was submitted on XX/XX/XXXX, by the Attorney for the Plaintiff without my knowledge and once again I never received Notice. The file says it was electronically delivered, to where, to who? How and when was I informed that all case documents are now only to be delivered electronically and no longer delivered by mail? This is clearly a pattern of deceptive practices taking advantage of the situation and purposely not informing the defendant. 
I searched and searched for an attorney to discuss this situation but had no luck, none are interested. I needed answers to my questions, what are the implications and repercussions of signing a contract which I know contains untrue facts? Would I be a party to the deception? Would I be legitimizing the theft of real property? With these major questions along with the decision to sign a contract doubling the principle, adding over {$85000.00} of new money and extending the loan to forty years without any details for the home I have lived in for 29 years. I began researching. 
On XX/XX/XXXX, I received a puzzling piece of mail from Nationstar stating over {$8000.00} surplus in my escrow account. Now utterly confused, how could I believe any number provided by Nationstar? I never made any payments to Nationstar/XXXX  XXXX  under the original mortgage. 
By now the return date and payment date of XX/XX/XXXX, on the proposed XXXX XXXX XXXX XXXX had passed, how could I sign a knowingly false and now already defaulted contract from parties outside those parties I contracted with for the loan in question? 
Right before XXXX I received a regular piece of mail from Mr. Cooper aka Nationstar, I marked the dateXX/XX/XXXX, on the outside and set it aside nothing special. After the holiday going through the mail and hidden in the bulk of the letter on the second page are deadlines for the other two loss mitigation remedies each of which had passed the week of XXXX, it was less than one week to decide. I called Nationstar aka Mr. Cooper and asked who owns my loan and the response I got was the computer states they acquired the loan from XXXX  XXXX XXXX in XXXX and there is no reference to XXXX XXXX  at all. I asked again who owns my loan ; the answer was XXXX XXXX is the Investor. I asked again who owns my loan and the answer was you own the loan. Then I asked how could you go forward with the foreclosure sale when you are holding three trial period payments? The answer was we just keep it. There is no contract with Nationstar that authorizes them to keep those payments. With Nationstars already inflated accounting regarding my original loan and no opportunity to address any objections to their accounting since I never received Notice. Next I called the Attorney for the Plaintiff ( XXXX XXXX, Nationstar, XXXX  XXXX XXXX XXXX. or XXXX XXXX, I have no idea by now ) and asked how could I receive a loan modification from a party outside the Plaintiff in the Foreclosure? The answer was we work for Nationstar and we do not know anything about the modification or XXXX XXXX. When I questioned who is the Plaintiff XXXX XXXX  and the answer was all I know is we work for Nationstar. I faxed a copy of the proposed modification to the Attorneys but no notice was taken or answers given on my questions and no time to stop the wrongful sale. The Sheriff Sale went through on XX/XX/XXXX, the starting bid was around {$170000.00}, so the Sheriff announced it was sold to the Plaintiff for {$100.00}, they did not state the name of the Plaintiff. 
I filed for Bankruptcy on XX/XX/XXXX, to allow time for my responses. On XX/XX/XXXX, a man attempted entry into my home demanding he inspect the property for the bank, when I said no and informed him I was in Bankruptcy he said I know but I need to inspect the property and he attempted to walk in again, I slammed the door shut, locked it got my coat and went outside. I asked what bank? He said, I do not know. I asked who sent you. He said XXXX XXXX XXXX. I asked do you have a card and a point of contact for the XXXX XXXX XXXX. He handed me a form letter of how he was hired to manage the property. 
On XX/XX/XXXX, I received a XXXX XXXX letter from the law firm for Nationstar in Florida regarding Proposed Relocation Assistance, which states, Nationstar Mortgage LLC, the new owner, may be willing to pay you to vacate the property on a mutually agreeable date. This confirms that the Foreclosure case XXXX, was filed under a fictitious entity to hide the fact that no underlying debt existed to allow this foreclosure action and knowingly false documents were submitted to court ; thereby defrauding the court. This is a clear violation of the CFPB Rules, not to mention the IRS, SEC and court rules and regulations. 
On XX/XX/XXXX, I received a letter from the Plantiffs Attorney, now we know it was Nationstar ( not sure if alone or in conjunction with XXXX  XXXX XXXX XXXX. ) dated XX/XX/XXXX. This letter states, You are hereby notified that possession is demanded by XXXX XXXX, XXXX XXXX, as Trustee for XXXX XXXX XXXX XXXX XXXX XXXX, Mortgage Pass-Through Certificates, XXXX XXXX c/o Nationstar Mortgage LLC d/b/k Mr. Cooper which was the highest bidder at the sale, and now owns the Property. Please note the subtle change in the name of XXXX XXXX  they have deleted for the Holders and Corporation, is XXXX  XXXX XXXX XXXX. still involved in the background? Based on the facts it appears this is how you launder a wrongful foreclosure action and make it appear legitimate for pure profit. Obviously a clear violation of many of the CFPB Rules, submitted false documents to court, violation of the bankruptcy stay and I am sure so many more. 
The same day XX/XX/XXXX, I received an Occupancy Survey Form from my Homeowners Insurance, when I called to ask about it I was told Nationstar had requested termination, in a letter dated XX/XX/XXXX. I requested a copy of that letter and it states, property went to foreclosure sale on XX/XX/XXXX, Mr. Cooper, mortgage servicer and loss payee on the policy of insurance, is electing to discontinue insurance. It also states, If coverage will not be discontinued, please remove Mr. Cooper and XXXX  XXXX  as interested parties on the policy. Now XXXX  XXXX  is involved, what happened to XXXX XXXX and XXXX XXXX? This is a clear violation of the CFPB Rules and a violation of the Bankruptcy Automatic Stay. 
Just today I went to get my mail and a creepy guy in a small blue car was taking pictures of the house and making notes, he pulled away before I got outside. It appears that Nationstar is still pursuing actions despite my filing bankruptcy, a total disregard for the rules. 
I demand my Complaint be investigated completely and thoroughly by the CFPB for the above mentioned violations of the CFPB Rules with appropriate referrals to other agencies for investigations into these deceptive, fraudulent and possibly criminal actions taken by Nationstar and the other entities mentioned in this complaint regarding New Jersey Foreclosure Case XXXX. I have been bullied, intimidated and threatened by legal papers and forms, making fraudulent claims with fabricated documents to make it appear the Plaintiff ( whoever it is, if anyone ) is the holder/owner of the loan. These actions taken against me without Notice, denying me an opportunity to respond ; denial of Due Process Rights to take real property for a fabricated debt. I have always maintained the Chain of Title is broken, Security Interest is broken and a Lost Note Affidavit dated XXXX is not valid in a XXXX bulk acquisition. Plaintiff failed to provide the report as proof that the original Note was lost per SEC Rules and Regulations Act of XXXX Rule 17f-1, Requirements for Reporting and Inquiry with Respect to Missing, Lost, Counterfeitor Stolen Securities. If the Note was not reported as required then it is not lost. The Plaintiff keeping me off balance and not informed, made it appear they were rightful party in interest under the presumption and color of law to enter a foreclosure complaint and gain unlawful possession of real property.