Consumer complaint received 2024-08-23 00:00:00
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Fees charged
Company: Mr. Cooper Group Inc.
State: IN

Complaint narrative:
the Escrow Officers have made an error with the documentation that causes harm to any party to the transaction. the harm to me a XXXX individual the Escrow Officers have not nor did not act ethically and in the best interest of me and have shown a breach of fiduciary duty since I a party to the transaction can prove beyond all reasonable doubt the company and escrow agents have not acted in my best interests or complying with my rights under 42 U.S.C. 407 ( a ).

The Escrow company is liable if they made a mistake in paying the wrong person. However, the person who received the money is also liable to pay you. 


The company and its Escrow Agents have a Fiduciary Duty ... ... A fiduciary duty is a legal obligation to act in the best interests of two parties of an escrow agreement, or the principals. The person who is obligated to take on this responsibility is the fiduciary.

the companys breach of fiduciary has occurred, the fiduciary or escrow agent has not upheld its responsibility, either through gross negligence or by misrepresentation of how thewy may illegally garnish XXXX XXXX XXXX income in violation of 42 U.S.C. 407 ( a ) The company breached their fiduciary duty through fraud, conflicts of interest, and the failure to disclose relevant facts Constructive fraud occurs since the company has gained an unfair advantage over me to whom they owe a fiduciary duty by unjust means including lying or omitting relevant information regarding my comp-ants and the violations of my rights under 42 U.S.C. 407 ( a ) CRM 500-999 947. Fiduciary Duty Whether a fiduciary duty or relationship is a necessary ingredient to frauds relating to intangible property rights. See generally XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Mail and Wire Fraud, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( " Unlike traditional frauds which may arise regardless of the relationship between the defendant and the victim, frauds related to intangible rights stem from a fiduciary relationship between the defendant and the defrauded party or entity. " ). " At the core of the judicially defined 'scheme to defraud ' is the notion of a trust owed to another and a subsequent breach of that trust. '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ( " But ' [ n ] ot every breach of a fiduciary duty works a criminal fraud. ' '' ) ( quoting XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) ( mail fraud statutes do not require that a public fiduciary be a participant in the scheme ). 

to defraud one of the " right to honest services '' generally requires a fiduciary relationship that creates the right to provide or protect honest services and my mortgage does have a fiduciary duty requirement of the escrow company Honest services fraud is defined in federal statute 18 U.S.C. 1346 as a scheme to defraud another of the intangible right to honest services through a scheme to violate a fiduciary duty. A fiduciary duty is a duty to act only for the benefit of the " public '' which I am a membe4r of the public Honest Services fraud under Title 18 U.S. Code 1346 is a federal crime involving the misuse of an individual 's position or authority for personal gain or advantage. It can be committed by public officials, corporate officers, and private individuals with fiduciary duties to another person. 


The critical elements of honest services fraud can be shown beyond a reasonable doubt since : a ) There was a scheme or artifice in existence designed to defraud others ( e.g., giving someone an unfair advantage over someone else ) ; b ) The scheme had the potential to cause harm to others by depriving them of tangible or intangible honest services, even if ultimately it did not do so.

Company response to consumer: Closed with explanation