Consumer complaint received 2024-08-19 00:00:00
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Escrow, taxes, or insurance
Company: Mr. Cooper Group Inc.
State: IN

Complaint narrative:
Certified Mail/Confirmation of Delivery/Validation Notice # FAX and/or Email/Electronic Delivery and Service pursuant Title II & III of the ADA, Sec 504 29 U.S.C. 794 et seq. and Sec 508 Federal Rehabilitation Act 29 U.S.C. 794d and Federal Paperwork Reduction Act 44 U.S.C. 3501 ( 1 ), ( 2 ) Date : XXXX, XX/XX/XXXX RE : FORMAL LEGAL NOTICE OF FINANCIAL EXPLOITATION ( ILLEGAL GARNISHMENT ), FRAUD, EXPLOITATION, FINANCIAL EXPLOITATION, RETALIATION AND DISCRIMINATION OF THE XXXX INDIVIDUAL LISTED IN THE FHA CASE COMPLAINT IS AGIANST - NATIONSTAR MOTGAGE HOLDINGS INC. DBA MR COOPER This FORMAL LEGAL complaint against Mr COOPER whom is in direct violations of my rights as a XXXX individual. 

1. Mr Cooper has shown a history of ongoing differential treatment in their services and have stated their procedures are above the laws of the United States and do not have to comply with the law or XXXX rights laws. 

2. Mr Cooper is now illegally garnishing ( XXXX XXXX XXXX XXXX XXXX  XXXX income purporting fraud to subject me to financial exploitation in matters directly involving my property and finances. 

3. Mr Cooper has shown a history of ongoing retaliation, discrimination and deprivations of my rights. 

4. All of XXXX XXXX conduct is in breach of the contract I have with XXXX under XXXX XXXX XXXX. XXXX/ Mortgage XXXX XXXX. XXXX for violations of the laws of the United States while Mr Cooper is conducting business in the United States 5. My contract was signed " All rights Reserved '' in every part of it. 


Material LAWS That are Applicable 1. Mr COOPER is in violation of the SOCIAL SECURITY ACT - SSA Sec. 207. [ 42 U.S.C. 407 ( a ) ) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, XXXX, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. 

2. Mr COOPER has shown unlawful conduct in conflict with the Key Definitions from XXXX CFR part 212 [ 31 C.F.R. 212 ] as part of the XX/XX/XXXX, The United States Treasury Department published a final rule amending 31 CFR part 212 ( found at 78 Fed. Reg. 32099 ).

Garnish or garnishment means execution, XXXX, attachment, garnishment, or other legal process. 
Garnishment order or order means a writ, order, notice, summons, judgment, XXXX or similar written instruction issued by a court, a state or state agency, a municipality or municipal corporation. 

As announced in 31 C.F.R. 212.8 ( a ) Exempt status. Nothing in this part shall be construed to limit an individual 's right under Federal law to assert against a creditor a further exemption from garnishment for funds in excess of the protected amount, or to alter the exempt status of funds that may be protected from garnishment under Federal law.

As announced in 31 C.F.R. 212.9 Preemption of State law. ( a ) Inconsistent law preempted. Any State or local government law or regulation that is inconsistent with a provision of this part is preempted to the extent of the inconsistency. 


XXXX. Mr COOPER has shown conduct prohibited under Title III of the Americans with Disabilities 28 C.F.R, 36.206 / 42 U.S.C. 12203 4. Mr COOPER has shown a history of fraud. XXXX consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. As distinguished from negligence, it is always positive, intentional. Maher v. Hibernia Ins. Co.,67 N. Y. 292 ; Alexander v. Church, 53 Conn. 501, 4 Atl. 103 ; Studer v. Bleistein. 115 N.Y. 31G, 22 X. E. 243, 7 L. R. A. 702 ; Moore v. Crawford, 130 U. S. 122, 9 Sup. Ct. 447,32 L. Ed. 878 ; Fechheimer v. Baum ( C. C. ) 37 Fed. 167 ; U. S. v. Beach ( D. C. ) 71 Fed.160 ; Gardner v. Ileartt, 3 Denio ( N. Y. ) 232 ; Monroe Mercantile Co. v. Arnold, 108 Ga. 449, 34 S. E. 176. Fraud, as applied to contracts, is the cause of an error bearing on a material part of the contract, created or continued by artifice, with design to obtain some unjust advantage to the one party, or to cause an inconvenience or loss to the other. Fraud, includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another ( Exploitation of a Disabled Individual is taking advantage of the individual and is a state and federal crime and also a form of fraud ) " Exploitation '' means the illegal or improper use of a disabled adult or elder person or that person 's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one 's own or another 's profit or advantage.

5. As announced in the Ind. Code 35-46-1- 13. Battery, neglect, or exploitation of person with mental or physical disability ; failure to report ; unlawful disclosure ; referrals ; retaliation Sec. 13. ( a ) A person who : ( 1 ) believes or has reason to believe that a person of any age who has a mental or physical disability is the victim of battery, neglect, or exploitation as prohibited by this chapter It is a Class B misdemeanor under Indiana law. This is far more than belief it is a relevant material fact at this point 6. Mr COOPER has shown ongoing abuse to me a disabled individual. Mental/Psychological Abuse is battery under the law As announced in Ind. Code 35-42-2-1.5 A person who knowingly or intentionally inflicts injury on a person that causes a protracted loss or impairment of the function of a bodily member or organ commits aggravated battery, a Level 3 felony. I have medical provider records that do affirm when people illegally mess with my protected income or violate my rights t they subject me to actual battery and financial exploitation.

7. All disabled citizens have the fundamental right to be free of discrimination, exploitation, and abuse. Title III and Title II of the ADA and Sec 504 of the Federal rehabilitation Act all have the same language 8. Mr Cooper is showing non-compliance with Disability rights and showing ongoing inhumane treatment I am being subject to by fraud/exploitation. Disability rights are human rights protected by the XIV Amendment of the U.S. Constitution in XXXX XXXX rights to Life and Liberty. ( See Americans With Disabilities Act ) ( See United States Department of State Bureau of Democracy, Human Rights and Labor, Office of Multilateral and Global Affairs for International Disability Rights ). Under the Convention on the Rights of Persons with Disabilities ( CRPD ) Article 12:1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law. ; 3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity. ... Article 13 : 1. States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages. Article 17 : Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others In the United States and the human right of a disabled person is protected by Article 19 of the Universal Declaration of Human Rights ( UDHR ) and the International Covenant on Civil and Political Rights ( ICCPR ). Customary international law involves a consistent practice in which states engage out of a sense of legal obligation. ( See RESTATEMENT ( THIRD ) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES 102 ( 1987 ) [ hereinafter RESTATEMENT ( THIRD ) ]. ) The RESTATEMENT ( THIRD ) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES sets forth the basic principles defining customary international law and its incorporation into the " law of the land '' pursuant to Article VI of the Constitution. Moreover, the U.S. government has accepted international law commitments with the understanding that the states will implement some of those obligations. When providing its consent to the International Covenant on Civil and Political Rights, ( See International Covenant on Civil and Political Rights, adopted Dec. 16, 1966, S. Exec. Doc. E, 95- 2, 999 U.N.T.S. 171. ) for example, the Senate understanding stating that " the United States understands that this Covenant shall be implemented by the Federal Government to the extent that it exercises legislative and judicial jurisdiction over the matters covered therein, and otherwise by the state and local governments..... ( See 138 CONG. REC. S4781-84 ( daily ed. Apr. 2, 1992 ) 9. Under Title III of the Americans with Disabilities Act 28 CFR 36.206 - Retaliation or coercion ( a ) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part.

( b ) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.

( c ) Illustrations of conduct prohibited by this section include, but are not limited to : ( 1 ) Coercing an individual to deny or limit the benefits, services, or advantages to which he or she is entitled under the Act or this part ; ( 2 ) Threatening, intimidating, or interfering with an individual with a disability who is seeking to obtain or use the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation ; ( 3 ) Intimidating or threatening any person because that person is assisting or encouraging an individual or group entitled to claim the rights granted or protected by the Act or this part to exercise those rights ; 42 U.S. Code 12203 - Prohibition against retaliation and coercion ( a ) Retaliation No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

( b ) Interference, coercion, or intimidation It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.

( c ) Remedies and procedures The remedies and procedures available under sections 12117, 12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections ( a ) and ( b ), with respect to subchapter I, subchapter II and subchapter III, respectively.

10. Establishing intentional discrimination does not require a showing of personal ill will or animosity toward the disabled person. Meagley v. City of Little Rock, 639 F.3d 384, 389 ( 8th Cir. 2011 ) ; accord Loeffler v. Staten Island Univ. Hosp., 582 F.3d 268, 275 ( 2d Cir. 2009 ) ; Barber v. Colorado Dept of Revenue, 562 F.3d 1222, 1228 ( 10th Cir. 2009 ).

Rather, intentional discrimination may be inferred from the conduct www.j0k3r has occured in a XXXX  servers deliberate indifference to the strong likelihood that pursuit of its questioned policies will result in a violation of federally protected rights. Powers v. MJB Acquisition Corp., 184 F.3d 1147, 1153 ( 10th Cir. 1999 ) ; accord Loeffler, 582 F.3d at 275 ; Mark H. v. Lemahieu , 513 F.3d 922, 938 ( 9th Cir. 2008 ).

10. The Equal Protection Clause of the United States Constitution also guarantees that people of different circumstances will not be treated as if they were the same. United States v. Horton, 601 F.2d 319, 324 ( 7th Cir.

1979 ), cert. denied, 444 U.S. 937 ( 1979 ) ( quoting Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law 520 ( 1978 ) ) 11. The United States Supreme Court has defined retaliation as an intentional act in response to a protected action. [ exercise of any right ] Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173- 74 ( 2005 ). Citing Jackson, the court in Gutierrez underscored the intentional nature of a retaliation complaint : Retaliation is, by definition, an intentional act. It is a form of discrimination because the complainant is being subjected to differential treatment. Gutierrez, 2005 WL 2346956, at *5. The complained of matter need not be a complaint ; it can be any lawful conduct that an individual engages in connected with a protected right. The very concept of retaliation is that the retaliating party takes action against the party retaliated against after, and because of, some action of the latter. Fed. Mar. Bd. v. Isbrandtsen Co., 356 U.S. 481, 514 ( 1958 ). ( See also 28 C.F.R. 36.206/28 C., F.R. 35.134 / 42 U.S.C. 12203 ) 12. Employees of Mr Cooper have called the above rights and laws merely a feeling where Mr Cooper has been provided proof of my only source of income Witnesses and Parties involved are : 1. Mrs Deborah Mapes has contractual interest in regards to the property under and in the Sec 504 Home Loan 2. Mrs Jenelle Kelly-Mapes has contractual interest in regards to the property under and in the Sec 504 Home Loan AFFIDAVIT I, Eric-Joshua : Mapes. , Declare and attest acting as my own Authorized Representative payee ( rep. payee ) Authorized Represented, Executor and Administrator of my property I have a federal fiduciary duty to act in the best interest of the beneficiaries that I am serving ( meaning myself being I am my own representative payee and disabled beneficiary ). ( 20 CFR 416.635 ; SSA POMS GN 00502.114 ( POMS is a manual that SSA staff rely on to explain what they must do to comply with Social Security regulations. I attest the three major responsibilities of the Authorized Rep. payee can broadly be categorized as : money management ; accounting and reporting obligations ; and advocacy Wherefore, this complaint is being made for fraud and abuse in HUD programs since the OIG hotline and website limit my accessibility and filing a complete complaint and the OIG hotline employee has shown ongoing differential treatment and interference with accessibility of me filing this complaint ( See Sec 508 29 U.S.C. 794d, 29 U.S.C. 794 et seq. ) I, Mr Eric J Mapes, do clearly state the above foregoing are the truth, without intent to mislead, and given on my unlimited liability, as my sworn testimony regarding this complaint.

Electronically Autographed, Electronically Served, Electronically Submitted, and Electronically Filed this 19 of August in the year 2024 " All Rights Reserved : By Authorized Representative : Mr Eric-Joshua : Mapes., Sui juris UCC 1-207/1-308 UCC 1-103 `` Confidentiality Notice : This communication, including any attachments, may contain confidential or privileged information. If you have received this communication in error, please notify the sender by reply email and destroy all copies of the message and any attachments ; do not copy or further transmit the message or any attachments.

Copies on File 1 of 6 Certified Mail/Confirmation of Delivery/Validation Notice # Email/Electronic Delivery and Service pursuant TitleIII & II of the ADA, Sec 504 29 U.S.C . 794 et seq. and Sec 508 Federal Rehabilitation Act 29 U.S.C. 794d and Federal Paperwork Reduction Act 44 U.S.C. 3501 ( 1 ), ( 2 )

Company response to consumer: Closed with explanation