Consumer complaint received 2021-05-04
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Mr. Cooper Group Inc. (OH)

Both of my parents passed away in XXXX. My mother in XXXX and my father in XX/XX/XXXX. They had a mortgage with Nationstar d/b/a Mr Cooper, who also claims to represent the original security instrument owner, XXXX. 

In XXXX of XXXX, I contacted Mr. Cooper and they wouldn't speak to me. They stated that they needed verification documents of which I provided via email and fax. These documents included my birth certificate showing I am the son of both deceased borrowers and I sent them the copies of both death certificates. On XX/XX/XXXX, Mr Cooper filed foreclosure even though they knew I was repeatedly sending in information that could confirm me as successor in interest. I was confirmed as successor in interest on XX/XX/XXXX based on the very same documentation I had already been sending them since XX/XX/XXXX. I have a confirmation letter dated XX/XX/XXXX sent from Mr. Cooper to myself that states, " We received your inquiry on XX/XX/XXXX, related to your interest in the above referenced property. We have received documentation that establishes your status as the confirmed successor in interest ... ''. 

After being confirmed, I started the process of trying to get a workout to the foreclosure. It was a very long process and I had to send in multiple Borrower Response Packages. The application for assistance was submitted with me as borrower and the co-borrower was left blank. I provided all of the documentation that they requested, such as bank information, check stubs, employment verification and a XXXX form to request my tax transcripts from the IRS. They approved my 2nd application for assistance on XX/XX/XXXX after I had moved into the home because Mr Cooper said that I couldn't get assistance unless the house was owner-occupied. I received a XXXX XXXX Streamline Loan Mod approval on XX/XX/XXXX and the 90 day Trial Payment Plan started on XX/XX/XXXX. I successfully completed the XXXX XXXX XX/XX/XXXX. 

After successfully completing the trial, Mr Cooper sent me a Loan Modification Agreement and Loan Assumption Agreement on XX/XX/XXXX. My information was the only information provided on the application for assistance and my information was the only information used to approve the loan modification. However, both agreements showed up with both my name and my spouses ' name. My spouse didn't give her information and was not included in any application. Nor did she sign anywhere to allow them to include her in assuming the debt. I had only asked to do a loan modification and willingly agree to assume the debt even though I am not on the deed. The deed still remains in both my parents names. But Mr Cooper will not accept agreements without my spouse also agreeing to accept responsibility for the debt. They want her to sign both the Loan Modification Agreement and the Loan Assumption Agreement which makes her liable for the debt even though she didn't sign the application agreeing to have her personal information included. 

The last page of the Borrower Response Package that I signed as " Borrower Signature '' and " Co-Borrower '' was left blank, has a paragraph of which I agreed to disclose my personal information. However, my wife didn't agree to any such thing and I did not sign with the intention of giving Mr Cooper permission on her behalf to share her personal information. The only personal information that I agreed to be evaluated or shared with a 3rd party such as XXXX XXXX was strictly my information. However, they used the acquired tax transcripts to obtain and use her personal information and they included it in the agreements which she never wished to be a part of. 

I asked Mr Cooper to remove my wife 's information from the agreements and they refused to do it. Stating that she had to accept assuming the debt based on the fact that we are married. I feel that this is discrimination based on my marital status and forcing her to accept a debt that she didn't apply for is ridiculous. Mr Cooper is essentially saying that I can't own a house on my own without my spouse also being liable for the debt as well. How is it then that My wife owns her own house and I am not liable for her mortgage. Why can't Mr Cooper do the same? When she bought her house, I had to sign the mortgage paperwork as Non-borrower but at least her lender acknowledged in the paperwork that I am not liable. I am not on the deed to her house either. 

Not only are they saying that I can't accept the approved Loan Modification Agreement based on my information only only as borrower, they are also saying that I can't accept the Loan Assumption without also getting my wife to agree to be liable and with a paragraph included in the assumption paperwork that leaves the Estates of both of my parents liable for the debt as well. So they pretty much want as many people as possible to be liable. How is that legal? 

The reason I am complaining is that I will lose the house I grew up in because Mr Cooper won't allow me to assume the loan as successor in interest and as the only borrower, because I am married. 

Also, It took them close to a year to confirm me as successor in interest which allowed the house to get further and further behind. If they had confirmed me when I sent the first documentation ( which was the same documentation they used a year later to confirm me XXXX, then the house wouldn't have been in foreclosure in the first place and I wouldn't need a loan modification to stop a foreclosure action. Aren't they supposed to refrain from accelerating a loan when they are informed of the potential that a successor in interest exists or simply because of the death of both borrower 's? If so then how were they able to file foreclosure in XX/XX/XXXX when they acknowledged in a letter that they had received my information for successor in interest in XX/XX/XXXX? They knew my parents had both died and they still proceeded to foreclosure even after I had told them I would assume the loan. 

Please help me get this resolved. Don't allow Mr Cooper to continue to do these things to homeowners. It seems fraudulent to me that they could steal my wife 's information off our joint tax return copies when she didn't sign anything allowing them to use or disclose her information to anyone. The only reason they even knew my wife existed was because they asked to see my tax return copies. So I filled out a form XXXX and because we file a joint return and how the form needed completed, they were able to obtain her personal information and use it in a way that was not intended and for a purpose for which they didn't have permission. 

All of this information can be proven with copies of letters sent to and from Mr. Cooper and recordings of all the conversations had with their customer service representatives.