Consumer complaint received 2019-04-15
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Mr. Cooper Group Inc. (CA)

Good morning, I have been intending to write this email for a long time, I just have not had the mind to concentrate on how to present my question in a logical manner. My case number is XXXX, and although I requested a dismissal on my chapter XXXX, the dismissal of the chapter XXXXXXXX is not why I am writing about today. 

I am very confused about the Foreclosure that took place on my property at XXXX XXXX XXXX. My Attorney created a motion to sell at my request because a buyer was attained by my Realtor. The below bullet points is the back-story to my inquiries. Please note I have every document to support any and all of my claims if needed. 
On Tuesday, XX/XX/XXXX the motion to sell was " Filed & Entered. '' On Friday, XX/XX/XXXX I was notified by my tenant at XXXX PST, that the property is being for auctioned on Monday XX/XX/XXXX at XXXX? 
I was never formally served by the Trustee. ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, California ) Because the XXXX XXXX XXXX, Mr. Cooper is located in Texas, their offices were already closed on Friday. Giving me only a couple of hours Monday to stop the auction. 
Monday Morning XX/XX/XXXX the My Realtors buyer was set to fund {>= $1,000,000} and record on XX/XX/XXXX. 
None of us were able to stop the sell to everyone 's disappointment. 
BTW - I met with the new owner and assisted him with the 4-Plex issues he encountered. I guess I have good sportsmanship. 
Here are my questions and I am hoping your office can offer some clarification because I think in my opinion there has been some kind mis-justice that happened. 

First of all, I would have never ever released the property for Foreclosure. Thats why it was in Chapter XXXX, to protect it from the bank. 
I did finally release the property to Sell-it to a Qualified buyer. 
What motive did the Trustee have to Foreclose when " they '' were " Set '' to be paid in full, from payoff statement? 
There was no need for them to Foreclose because " ALL parties " including themselves were going to get paid. 
I don't understand how the Trustee ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) was able to Auction My Property when I had a Judge sign the Motion to sell it for {>= $1,000,000}. And the LBR XXXX ( p ) has specific dollars of who is to receive what monies from the Sale. 
The Trustee went against the court order the Judge signed ...? Right ...? 
Also, I was never " Served '' foreclosure documents and Mr. Cooper knew my work address? ( No, excuse ) The property sold at XXXX court house on XX/XX/XXXX at XXXX for {$950000.00}. That is {$110000.00} less then what the buyer was willing to pay. 
I have a 10+ page email string that shows the buyer, the agent for the buyer, the escrow, the title company, my RE agent assistant, my RE agent and myself, trying to stop and execution of the Property auction.

After the 2.5 months hard work we all did, all of us lost on that day. Because I feel the Trustee was greedy. 

**Something does not " ring '' right to me. 

>>>Why would the XXXXXXXX XXXX/ Mr.Cooper foreclose on the Property if they were in the secured first position to receive money from the Sale. They were going to be all paid off. There was no reason for them to foreclose when they were going to get Paid Off. This is crazy that they would foreclose. 

So. did the Trustees Attorney create this work revenue for themselves so that they could sell their services as foreclosure work? Was this the motive that drove them to do this? 


Many times I ask myself What was the point of the Chapter XXXX Protection and the Judges motion to Ok the Sale not a foreclosure. 

The small profit of {$14000.00} that I was going to get for working this very difficult, XXXX XXXX, property was to be able to buy a small XXXX for my daughter and I. More than just what I dreamed I could finally do was that all the Time, Energy & Effort that was squished by somebodys greed to flex their muscle. Sorry, this is how I feel until someone can Clearly explain why the Trustee was allowed to Foreclose? 

The effect of this happening was a big ripple. 
The 2nd Mortgage did not get paid in full and is now coming after me for the difference? ( I dont have it. ) All of non-secured debtors could not be paid, so I had to dismiss the chapter XXXX case. 
Basically No one got paid because the Trustee sold the property at {$110000.00} less than the buyer was going to pay. 
Lastly, Mr. CooperXXXX XXXX & Trustee knew we had a buyer because they assisted with the Court Payoff Statement. 
Could my attorney have done more? She claims she was not notified of the Foreclosure? 

If I am out of line with my questions I apologize. Its just that I am passionate about what happened and I did not see any logic from it, which leads me to believe that there was something corrupt. 

The reason I ask your Office is that your office released the property for Sale. Does this happen all of the time? Or just to me. 

Now you can see why I had a hard time writing this letter because it is not about {$14000.00} its about the LOSS all of us took, I think. Not sure.over a greedy Lender/Trustee. 

I am available by phone to speak of give you any kind of documents you request. 


Thank You cms