Consumer complaint received 2017-06-22
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — 
Company: NATIONSTAR MORTGAGE LLC (TX)

Im filing a complaint against Nationstar Mortgage (NSM) and their hired counsel XXXX XXXX XXXX , which is an inexperienced associate attorney for XXXX XXXX XXXX XXXX XXXX XXXX XXXX.  Im currently in the middle of an active litigation case with NSM, XXXX XXXX has been attempting to mediate the grievances that I have with NSM. On a number of different occasions XXXX  advised me that the arguments being alleged in my lawsuit are outside of the statute of limitations and she encouraged me to dismiss my civil suit, I refused. Then she came back a few weeks later with a settlement offer from NSM, offering me $XXXX, in return I must dismiss the civil lawsuit, again I refused. 
On or aboutXX/XX/XXXX, XXXX requested that I complete a written offer of my own for which I would consider dismissing my lawsuit in return for a specific settlement amount from NSM.
On XX/XX/XXXX, I submitted a written settlement offer as well as I sent XXXX a full modification request for assistance package for review since my account has been forced into delinquency from NSM, errors. Since my loan is coded as litigation when I call NSM, Im directed to contact XXXX and the law office that she represents. I was also advised by all of NSM, personal on multiple occasions that all communications and requests must go through XXXX  and the law firm. This is the reason why I sent XXXX the request for modification assistance package along with my settlement demand letter for NSM, to review. On several separate occasions, I have requested XXXX to give me a status update on both the modification request documents as well as my settlement request for NSM. On several instances via email communications, XXXX led me to believe that my documents and requests were still under review. 
See XXXX email responses that were received via email when I requested updates:
* On XX/XX/XXXX, at XXXX XXXX,   wrote:
Hi XXXX,  I have not heard back on the modification.  I will follow up with my client again on the status of the foreclosure and potential to modify the loan.
Thanks,
 * On XX/XX/XXXX, at XXXX XXXX,   wrote:
Hello, XXXX XXXX, Thank you for following up!  I had intended to call you this week to discuss.  I inadvertently misread the scheduling order and no continuance is needed as the deadlines are for XX/XX/XXXX instead of XX/XX/XXXX.  I followed up again this week conveying your desire to modify your loan and I am working towards a final resolution of this matter. I will be in touch next week.  Thank you for your cooperation. Best, XXXX XXXX
On XX/XX/XXXX, I received the text below from XXXX, basically attempting to extort me into agreeing to dismiss my civil lawsuit, in return for reviewing my loan for modification assistance and $XXXX. I might add that I submitted documentation for assistance as instructed by NSM, on XX/XX/XXXX, and NSM is refusing to review my FHA loan for assistance unless I accept $XXXX and dismiss my claims against them.   


PRIVILEGED & CONFIDENTIAL | FOR SETTLEMENT PURPOSES ONLY
XXXX
 
Nationstar will agree to review you for a loan modification and make a payment of $XXXX to you in exchange for dismissal of your lawsuit.  The terms are detailed below:
 
1.	Nationstar will review you for a loan modification after you execute and supply to Nationstar all documents necessary to evaluate and consider you for a loan modification within 21 days of receipt of the application from Nationstar.  You also agree to execute and supply all supplemental documents within 21 days of Nationstar's supplemental document requests.  You further acknowledge that this is only an agreement to properly evaluate and consider you for a loan modification once all required documents are submitted, and this agreement in no way requires Nationstar to offer the you a loan modification and in no way guarantees you a loan modification.
 
2.	Nationstar will pay you $XXXX in exchange for your agreement to file a joint stipulation of dismissal with prejudice no later than XX/XX/XXXX.  You agree to release Nationstar, as well as Nationstar's related and affiliated entities and each of its respective agents, representative, principals, servicers, successors-in-interest, and predecessors-in-interest from any claims that were asserted or could have been asserted in the lawsuit.  This release shall be construed broadly and shall include, without limitation, Nationstar and its respective agents and representatives.
 
3.	You agree to execute a more detailed settlement agreement that will detail the rights, duties, and obligations set forth and will include among others your obligation to keep the settlement confidential and provisions reflecting you received no tax advice from Nationstar and Nationstar will report any taxable consequences to the IRS as required under the Code and applicable to the facts of this case.
 
Please let us know if you are in agreement and we will proceed with drafting the dismissal pleadings and long form settlement agreement.  The parties agree an affirmative response to this email with constitute a binding agreement to settle.
 
Thanks,
 
XXXX XXXX XXXX
Associate, XXXX XXXX XXXX XXXX XXXX XXXX XXXX | XXXX XXXX XXXX | XXXX XXXX | XXXX, TX XXXX
Dir: XXXX | Main: XXXX | Fax: XXXX
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