Consumer complaint received 2015-08-19
Product: Mortgage — Conventional fixed mortgage
Issue: Settlement process and costs — 
Company: NATIONSTAR MORTGAGE LLC (PA)

On XX/XX/XXXX, we received a trial period modification notice dated XX/XX/XXXX from lender requesting that we make THREE initial trial modification payments after which a permanent mortgage modification would begin. Immediately called and spoke to lender, who CONFIRMED we had fulfilled the lender 's loan modification terms and requirements under the Federal Home Affordable Modification Program ( HAMP ). Lender concluded by stating would send us an application package to be completed and returned before the stipulated deadline, XX/XX/XXXX. However, things capriciously changed. The lender suddenly required payment of the total amount owing in order to bring our account up to date contrary to HAMP, and in spite of the already agreed to Trial Period Plan for our mortgage modification. Nothing about settling our account that quickly after the first three payments came up during my conversation with lender, and there is no evidence of any such provision that allows for a suddenly imposed request for payment in HAMP ; therefore, this action was clearly capricious and arbitrary. With each subsequently returned certified check payment, the stated reason for returning our timely monthly payments is " ... as they are insufficient to bring your account current. '' As of XX/XX/XXXX, the amount the lender is asking in order to bring our account up to date is $ XXXX. It is noteworthy to point out that in the lender 's XXXX trial period notification letter ( see attachment titled, it states in the first question " Q. What else should I know about this offer? If you have taken Step 1 above, and you make your new trial period payments timely we will not conduct a foreclosure sale. '' This statement clearly demonstrates that the lender 's behavior has been, and continues to be, arbitrary and capricious, and in clear violation of the federal government 's Home Affordable Modification Program. The lender executed XXXX foreclosure acts in XX/XX/XXXX and XXXX. For the last year we have made all monthly mortgage payments promptly with certified cashier checks, have not missed a single payment, but yet the lender has returned every check for the last year. 
NATIONSTAR 'S UNWILLINGNESS TO COLLABORATE WITH OUR ATTORNEYS : Even though lender is well aware we retained XXXX XXXX XXXX in XX/XX/XXXX, it has refused to work with our attorneys towards a quick resolution of this matter. Many telephone calls and legal documents have been sent by our attorneys to lender, which has not responded to these efforts. Lender makes no attempt to respond to case requests in a timely fashion. A recent example is a Notice of Error was sent by our attorneys on XX/XX/XXXX to lender ; to date there has not been any response to this and another Notice of Error. 
PERSISTENCE OF AND RECENT INCREASE IN UNWARRANTED CALLS : Instead of working collaboratively with our attorneys to settle this matter, we have been receiving several telephone calls with messages to get in touch with lender, even though they do n't seem interested in resolving the matter. The lender has been leaving us several calls instead of becoming engaged in more productive negotiations with our attorneys. 
FOLLOW-UP ACTION REQUESTED : 1. First, we are asking CFPB intervene to end the lender 's ongoing capricious, arbitrary, and unwarranted actions. These unnecessary ongoing actions of discrimination and harassment have not only adversely impacted our credit rating, but we will invariably encounter difficult and unnecessary delays and hurdles when we later try to obtain mortgage refinancing from other banks. 2. Second, our current monthly ( trial period ) payments of $ XXXX are fixed at an interest rate of 4.625 % for 40 years effective from the modification date ; this needs to be reduced. 3. Third, direct lender to work quickly with our attorneys to resolve this matter.