Date Received: 2023-01-31
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: RESPONDENTS FAILURE TO COMPLY WITH 12 C.F.R. 1006.18 ( b ) ( 2 ) 12 C.F.R. 1006.18 ( b ) ( 2 ) False, Deceptive, or Misleading Representations provides that : * ( b ) ( 2 ) A debt collector must not falsely represent : ( i ) The character, amount, or legal status of any debt; and ( ii ) Any services rendered, or compensation that may be lawfully received, by any debt collector for the collection of a debt. On XX/XX/XXXX, a final judgment of foreclosure was entered in favor of XXXX, Mr. Cooper ( XXXX or MR. COOPER ) in the total amount of {$590000.00}. Paragraph five ( 5 ) of the XX/XX/XXXX final judgment provides in relevant part as follows : 5. Cost. Plaintiff shall advance all subsequent cost of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provide however, that the purchaser of the property for sale shall be responsible for the documentary stamps affixed to the certificate of title. If XXXX is the purchaser, the Clerk shall credit plaintiffs bid with the total sum with interest and costs accruing subsequent to this judgment or such part of it as is necessary to pay the bid in full. ( Emphasis added ). Therefore, according to paragraph five ( 5 ) of the final judgment, XXXX and/or its principles ability to advance post-judgment fees and cost, are not triggered until if, and when the property is sold. A copy of the XX/XX/XXXX final judgment, is attach hereto as Exhibit A. However, on XX/XX/XXXX, XXXX, by and through its attorney agent, sent us a letter showing the total amount we ( or someone on our behalf ) needed to pay, in order to pay off the balance of the subject mortgage loan. XXXX XX/XX/XXXX collection letter is misleadingly false, as it is based totally on an Unpaid Principal Balance amount of {$520000.00}, and not on the XX/XX/XXXX final judgment amount of {$590000.00} - that fact alone, renders the XX/XX/XXXX payoff demand inaccurately misleading and false. A copy of XXXX XX/XX/XXXX payoff demand is attached hereto as Exhibit B. Nevertheless, it is clear on the face of its XX/XX/XXXX collection letter, that XXXX is demanding additional expenses other than the {$110000.00} interest charges thats authorized by the XX/XX/XXXX final judgment. Certainly, such a demand on the part of XXXX is falsely representing the true character and amount of the alleged debt, and therefore, does not comply with 12 C.F.R. 1006.18 ( b ) ( 2 ). As of the date of this Complaint, NO complete foreclosure sale of the subject property located at XXXX XXXX XXXX XXXX, XXXX, Florida XXXX has occurred. Therefore, XXXX XX/XX/XXXX letter is clearly an unfair attempt to collect additional expenses that ( according to the final judgment ), it is not yet entitled to collect. Thus, XXXX XX/XX/XXXX demand/collection letter is in violation of this Bureaus Rules under 12 C.F.R. 1006.18 ( b ) ( 2 ). Based on paragraph five ( 5 ) of the XX/XX/XXXX final judgment, XXXX, through the letter, is falsely representing the true character of the {$690000.00} total payoff amount, because said payoff amount prematurely includes post judgment expenses other than post judgment interest. As a result, our ability to determine the validity of the total amount allegedly owed, has been impaired by the XXXX. The XX/XX/XXXX letter is indeed false and misleading under 12 C.F.R. 1006.18 ( b ) ( 2 ), and is an unfair attempt to collect unauthorized fees and expenses. To begin correcting the above stated error, we are hereby requesting that MR. COOPER provide us with a detailed explanation of why it included post judgment fees and cost prior to filing a motion to amend the final judgment, and prior to the sale of the subject property. Additionally, we are requesting that MR. COOPER correct the above violations by providing us with an undated payoff statement that does NOT include post judgment fees and cost other than post judgment interest as authorized by the XX/XX/XXXX final judgment. CONCLUSION The above violations on the part of XXXX, are preventing, hindering, and/or delaying us, or someone on our behalf, from confidently making a final payment that would pay off the correct balance of the subject mortgage loan. Moreover, MR. COOPERs misleading and unfair pre-mature demands for post judgment fees and cost, is preventing us from selling the subject property, and extinguishing the alleged debt and to do, before the property is lost in a foreclosure sale.
Company Response:
State: FL
Zip: 33134
Submitted Via: Web
Date Sent: 2023-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-31
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I've payed my mortgage by phone for the year XXXX, after each payment processed through their automated system, a confirmation number is given. On XX/XX/XXXX I made my normal required mortgage payment and received my confirmation number. On XX/XX/XXXX while attempting to make my payment, I was informed that XXXXXXXX XXXX was late because they had not received XXXXXXXX XXXX payment. At this point, I requested through their automated system to speak to a live processing XXXX XXXX rep from XXXX named XXXX explained and confirmed that my XXXX payment was received on time and that all late fees had been reversed, the company admitted, it was their fault due to a new system they had implemented and all of the kinks had not been straighten out. She asked if I wanted to make my XXXX & XXXX payment on the phone with her, and was I prepared to pay for both months? I said yes, XXXX processed XXXXXXXX XXXX payment once again, along with XXXXXXXX XXXX payment. After processing both payments, I was given a confirmation number. Fast forward to XX/XX/XXXX, I received a letter from Mr Cooper informing me that my mortgage is now XXXX XXXX past due and my loan is currently in default. This mortgage company needs to be investigated, as an XXXX XXXX XXXXXXXX XXXX I'm stressed and very confused regarding this matter, so any help your agency can provide would be greatly appreciated.
Company Response:
State: CA
Zip: 90220
Submitted Via: Web
Date Sent: 2023-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We closed on a newly built home on XX/XX/XXXX. Our loan was immediately sold from our originally lender to Mr. Cooper Mortgage. We were paying $ XXXX with {$510.00} being allocated to our escrow account.They ran escrow analysis on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and again in XXXX XXXX In XXXX XXXX XXXX Mr. Cooper failed to pay our property taxes. XXXX XXXX assessor confirmed the property value at XXXX with an assessed adjusted taxable value of XXXX in XXXX XXXX XXXX With the average property taxable value for our zip code being great than XXXX. In XXXX XXXX they came to the conclusion that my monthly payment should be lowered bringing my escrow from $ XXXX to $ XXXX. Paid my XXXX property taxes in XXXX XXXX XXXX leaving our escrow at {$510.00} - less than the known amount of our homeowners ins cost ( which they would be paying in 3Mo ) not including any amount to go towards property taxes. Paid our homeowners ins for XXXX XXXX XXXX leaving our account at- {$150.00}. Never were we notified of the significant deficient in our escrow. Now XXXX XXXX XXXX they have notified us of the deficient. Our latest statement XXXX shows- {$3700.00} in our escrow. Our escrow statement from XX/XX/XXXX shows a shortage in the amount of {$5400.00}. Then on XXXX another escrow analysis was ran showing the shortage at {$4900.00}. Ultimately, increasing our payments by either $ XXXX ( there shortage statement from XX/XX/XXXX ) or {$670.00} ( there shortage statement as of XX/XX/XXXX ) - not sure which is accurate.
Company Response:
State: OK
Zip: 74012
Submitted Via: Web
Date Sent: 2023-02-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: the RIGTHPATH SERVICING company does not accept the modification made previously and that is registered in the county. why i need an explanation
Company Response:
State: FL
Zip: 328XX
Submitted Via: Web
Date Sent: 2023-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Mr. Cooper is supposed to automatically pull our mortgage payment on the XXXX of the month. This has consistently failed to occur, despite receiving emails thanking us for our payment. Weeks later, when the next payment is due, Im notified that I owe double what I should plus late fees. This has happened multiple times. Ive even paid the double month mortgage just to get back on track and the issue comes up again. They are trying to charge me hundreds of dollars for insufficient funds weeks after the money was supposed to have been pulled, when the money was ready to be pulled and dedicated to the mortgage. We have encountered financial difficulties the last 4-5 months and have stayed on top of all bills, all obligations, despite a cut in income. I had a previous mortgage with XXXX and never missed a payment. I got this current mortgage through XXXX and was notified that they sold it to NationStar/Mr. Cooper. This initial period was difficult, too, because of Nation Star and Mr. Cooper and XXXX XXXX XXXX all contacting me as though they were my lender for the mortgage. My family reached out to them to ensure our mortgage was paid and autopay was set up. Despite autopay being set up, it did not pull. So we opted to pay ourselves. This still didnt work, because- again, despite receiving emails thanking us for our payment, the funds werent drawn for weeks. This makes budgeting during financial hardship with a new baby and a XXXX veteran spouse as an XXXX XXXX military mother that much more frustrating. I do not want to continue to watch my credit score plummet and have added stress despite having budgeted for the mortgage payment at a specific time of the month and having those funds available at that point. I do not want to work with this bank, had I had a choice I would not have chosen them. This is horribly frustrating as someone who never misses a payment. I advise anyone who has a choice to pull their funds, switch financial institutions or avoid Mr. Cooper in the first place. Ive called them to address this multiple times over the last few weeks and no good has come of it. Im writing this now after waiting on hold for XXXX minutes, finally getting a representative and explaining my situation, then having them accidentally disconnect the line. Nobody has attempted to call me back and reengage. This is typical. Do not work with Mr. Cooper, protect your money, your health and your family and avoid them at all costs.
Company Response:
State: TX
Zip: 76904
Submitted Via: Web
Date Sent: 2023-01-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-31
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My Mortgage was transferred to Nationstar Mortgage XXXX on XX/XX/XXXX. ( Loan # XXXX ) The information from XXXX to Nationstar seems to have been delinquent.. I have never had a lapse in homeowners insurance and have sent this to them on several occasions. Nationstar has repeatedly hung up on me and transferring me to several different people. On XX/XX/XXXX they provided an escrow review statement showing a negative {$4100.00} in the account and also proceeded to purchase XXXX XXXX XXXX in the amount of {$2800.00}. They raised my Mortgage payment from {$2400.00} to {$2900.00}. Since then I do not see any monies from the hazard insurance they purchased deposited back into the escrow account and they refuse to re-analyze my escrow to get my mortgage payment back to what it was. ( I believe when I request an escrow analysis they are to perform XXXX by law. I get hung up on the phone. Additionally I did request them to do this via their message center on XX/XX/XXXX and they just responded me to call them. XXXX ( XXXX # XXXX ) also bought XXXX XXXX on XX/XX/XXXX in the amount of {$2800.00} and XX/XX/XXXX for {$620.00}. I have always had insurance on my home. I paid XXXX {$820.00} on XX/XX/XXXX and {$920.00} on XX/XX/XXXX.
Company Response:
State: CA
Zip: 90717
Submitted Via: Web
Date Sent: 2023-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: i have been forbidden to ask of the results of the MAP program applied XXXX XXXX with Mr Cooper, by the attached email so I wanted to see if CFPB can help the title company that is helping me to keep my house or buy it from my XXXX, so that there is no unnecessary foreclosure. I paid the payments is just that the payments were misapplied and did not register for the last 100 months as per the prior attorney represented to the judge. The XXXX were sent to the bank by XXXX XXXX so applying those the foreclosure could be resolved or even my mom can sell thehome to me, as I already am approved by another bank for XXXX which is more than the original loan was for, andconsideringI paid during the pendency of the trial until XXXX, the loan could have not gone over the original ammount even if it were an interest only loan. We are trying to keep the home we lived in for the last 15 years and have paid for 13 of those years until the escrow company stop allowing us to make payments
Company Response:
State: NM
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-01-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Due to divorce situation, i couldn't able to afford making the payments only myself, so I have been tried to sell the home on the market in order to avoid foreclosure, and I would like need help from the lender to stop the foreclosure, to get more time to sell the house asap. Thank you so much for your consideration. XXXX XXXX.
Company Response:
State: TX
Zip: 76012
Submitted Via: Web
Date Sent: 2023-01-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-29
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Current Servicer : XXXX XXXX XXXX XXXX XXXX Customer Service XXXX XXXX XXXX XXXX XXXX, NJ XXXX New Servicer : Nationstar Mortgage LLC DBA Mr. Cooper Loan XXXX Customer Service XXXX Nationstar Mortgage d/b/a Mr. Cooper XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX There is no online payment process for me to complete payments. Given Mr. Cooper 's recent reprimanded collection/fraudulent practices, I want to have streamline payment practices available to me. Thank you. XXXX XXXX
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mtg company Mr Cooper uses some XXXX party processing company to process insurance claims and they are withholding my insurance money. I dont have a contract with the company they use and I never agreed to use another company or allow them to handle My funds. I have asked for Specific benchmarks in writing to meet the dispersement of my funds which of course they do not have and refuse to provide. My mtg company has a very small % of interest in my house with my loan and I feel as if they are trying to impact my home. If there are no clear Benchmarks in writing to be met how can anyone know what needs to be met? I have read numerous complaints about this company and need help now. I have little kids that need a kitchen to eat. And I will not continue the work on my house or come out of pocket when the money they are holding is mine. My loan is With Mr Cooper And the company they use is insuranceclaimcheck.com. Please help
Company Response:
State: CA
Zip: 91302
Submitted Via: Web
Date Sent: 2023-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A