Date Received: 2022-09-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have been calling Mr Cooper since XX/XX/19. They have been collecting my tax impounds for a year and havent had to pay out taxes since the builder prepaid for a year. Ive have had my company run a tax analysis and I have a surplus of funds that I want refunded to me so I can pay my supplemental taxes. They currently have $ XXXX in my escrow account. I know legally they can not hold all that money in a non interest baring account. I work in mortgage and I know how it works and I can not get any resolution with them. Please help
Company Response:
State: CA
Zip: 92618
Submitted Via: Web
Date Sent: 2022-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-30
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: During covid pandemic i lost XXXX of my income and filed for a covid forebearance with XXXX XXXX XXXX XXXX It was to not reflect negatively on my credit report as I was up to date on my payments and also was not supposed to incur interest. My first payment to resume was XX/XX/XXXX. As i tried to make the payment, I was informed that my loan had been transferred to XXXX XXXX XXXX. I spoke with XXXX XXXX XXXX and we agreed on the combination stand-alone partial claim and loan modification as federally offered as a solution for ending the covid forebearance. When i received the first packet for signing and notarization around XX/XX/XXXX, I noticed the amount being added to the end of the loan was more than double the amount of back principal and interest owed. I also noted that my wife 's name was added to the modification agreement, when she was not on the mortgage but the deed with the prior servicer 's. I also noted that they misspelled my wife 's married legal name which is the same as mine, by 1 letter and the notary couldnt notarized due to their clerical error. The terms agreed on were 3.125 % interest and a total monthly payment of {$1100.00}. Another packet was sent out, without my wife 's signature but with a higher interest rate and monthly payment than we legally initially agreed to. A letter was sent from XXXX stating that the servicer would be changing to RightPath in a couple of months but the original terms we agreed to would be honored and transferred with the loan. I received 6 more packets in the mail, all without my wife 's name but with the higher interest rate and higher monthly payment that we didnt legally agree to. Finally on XX/XX/XXXX a packet was sent out and this time had my wife 's name, which was spelled correctly, along with the original agreed to interest rate and monthly payment amount. A confirmation letter was also sent saying they were going to honor the offer originally made to me since it was legally agreed upon. However, whenever I logon to the RightPath Servicing site, it says my modification has been rejected and they will not be honoring their offer made almost a year ago. My point of contact XXXX XXXX hasnt been able to be reached on the phone since XX/XX/XXXX. With XXXX I called twice a week every week, and with Right Path I call at least twice a month. I have phone records stating who i spoke with, the nature of the conversation, date, & time for all 78 phone calls Ive made trying to resolve this issue. Im always told XXXX XXXX is ; busy, unavailable, not at his desk, has reviewed the email and or tasks/tickets and will contact me within 24-48 hours. My statements show a monthly payment of {$1400.00} should be paid, but I was told to pay XXXX and that's what Ive paid every month. When i call now they say I paid XXXX but am due for XXXX thru XXXX, which XXXX was paid each month and i have bank records to show this. The XXXX was to go into a suspense account for 45 days which is what Federally they were not allowed to exceed before implementing my modification, after 3 consecutive on time payments. Ive made every payment that i was supposed to. Ive been told " We apologize. Our mistake. We legally have to honor the offer we extended to you that you agreed to. '' Followed by the next month the website saying " rejected. '' I was told my packet was incomplete, but it came in on a Thursday evening, I had it signed and Notarized on Friday, and dropped off with XXXX XXXX on Monday morning. I was told it was because there were no witness signatures which it says clearly on the 1st page only 4 states require this and Alabama is not one of them, Where I and the property are located. This has been going on for a year now. I would like to see what was offered to me a year ago be honored. Thats what we agreed to before they made their clerical error. I would like to see the amounts owed be corrected with the correct and updated amounts after the suspense account is settled. The past due balance to applied to the end of the loan should have only been XXXX, XXXX, Not XXXX, Not XXXX. Please note that the employees at Right Path are the same employees as XXXX XXXX Right Path merely took over the Residential Mortgages from XXXX as per the representatives have told me. attached are copies of the first modification with the misspelling, the confirmation from XXXX stating the rate and total amount to pay, 6 more packets from XXXX to XXXX all with incorrect amounts, and finally on XX/XX/XXXX the correct modification paperwork with correct spellings, interest rate, and monthly payment along with another confirmation letter from XXXX XXXX saying they are honoring the original legally agreed to modification offer.
Company Response:
State: AL
Zip: 36695
Submitted Via: Web
Date Sent: 2022-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-29
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: Mr. Cooper pulled my credit on the XXXX and XXXX of XXXX and did not remove one of the improper credit pulls. I suspect it was to charge me a higher interest rate when we were contemplating refinancing the mortgage.
Company Response:
State: NJ
Zip: 08527
Submitted Via: Web
Date Sent: 2022-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Our home is scheduled to be foreclosed on XX/XX/XXXX. In an effort to summarize, we were in a VA Loan pandemic forbearance with Nationstar, Mr. Cooper or Rightpath ( we dont know who is who & it doesnt seem they do either ). This is something we had to apply & qualify for at the time so I dont know how they can possibly claim we didnt qualify but that is what theyre now claiming. We started receiving calls & people coming to our home claiming it was in foreclosure but had not received anything from the above-referenced companies & therefore assumed it was yet another scam. We reached out to Mr. Cooper, who claimed they didnt have the loan & it was Rightpath who has it. We then reached out to Rightpath & they claimed we werent in a pandemic forbearance & were being foreclosed on. We asked why we didnt receive notice & requested copies of the same no less than 5 times but have yet to be given this information anything. We contacted the post office in an effort to track this information down & ultimately discovered its likely no notice was given. We were put in touch with a neighbor who has provided a statement advising mail was sent to them multiples times despite avid protest, returning said letters & even calling the company advising them to stop multiple times. As you can see in her statement, these same companies couldnt differentiate amongst themselves, gave runaround & continued to what she refers to as spam even more things. Despite all this, we reached out to Nationstar on XX/XX/XXXX & spoke with XXXX in an effort to resolve this. After nearly 2 hours on the phone with XXXX, we agreed to a disaster modification. We were advised the appropriate steps to remove this from the XX/XX/XXXX foreclosure auction would be taken. XXXX advised someone would be in touch Monday, XX/XX/XXXX, provided information for XXXX XXXX XXXX XXXX advising this is the firm handling our case & last advised us to call XXXX XXXX XXXX & let them know we agreed to a disaster modification with XXXX & request an extension of the foreclosure auction, all of which we did. XXXX at XXXX XXXX advised it would be no problem & said it would be removed as soon as she heard from the firm. We reached out to XXXX XXXX XXXX XXXX, advised of conversations with XXXX, XXXX XXXX XXXX & requested they confirm this had been removed from the XX/XX/XXXX auction. The representative we spoke with claimed theyve never heard of XXXX & didnt represent them. I then reached out to XXXX XXXX via email & eventually a XXXX XXXX XXXX responded. He claimed to not know anything about this & advised the foreclosure auction was still scheduled. We did not hear from XXXX Monday & as a result called to follow up Tuesday. We did not get a call back & followed up again Wednesday. After not hearing back a 2nd time, we called & spoke with someone named XXXX in the actual VA loan department. XXXX claimed there was nothing on the account about a disaster modification & it had not been removed. Eventually XXXX escalated this & we are now supposed to get a call back tomorrow, Friday, XX/XX/XXXX, however we are EXTREMELY worried considering this Auction is only a few days away. Weve spoken with this company several times & its like they forget every time we talk or dont document it, Im really not sure at this point. Ive attached several documents & screenshots showing the same but it does not appear I can attach the screen recordings or voice recordings weve taken. Please let me know where I can send these. As you can see we have several letters saying your forbearance is ending soon which makes no sense if we werent in one. In addition to this mess, my mother passed away & we are currently in CA for her funeral tomorrow. Please help ASAP! Thank you so much!
Company Response:
State: TX
Zip: 75022
Submitted Via: Web
Date Sent: 2022-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: The loan on the subject property was originated by my deceased brother, XXXX XXXX XXXX, who purchased the subject property located at XXXX XXXX XXXX in XXXX, XXXX XXXX and subsequently closed on the mortgage on XX/XX/XXXX with XXXX XXXX XXXX being the mortgage origination company, and later sold the loan to XXXX XXXX XXXX XXXX } Shortly thereafter that change of mortgage company and servicing company, and having made all payments timely my brother passed away on XX/XX/XXXX of XXXX. At the time of XXXX 's passing, the home this loan is attached to was left to me in The Last Will and Testament of XXXX XXXX XXXX, and that same legal instrument also named me as the Executor of his estate. Soon thereafter I notified XXXX of my brothers death by phone call, and shortly after that notification by phone I sent a copy of the official death certificate via USPS, and via facsimile, both of which confirmation of receipt was confirmed by XXXX. During the original phone call with XXXX, I informed them that I was not only a successor in interest as defined in the specific carve out in the Garn St Germaine Depository Institutions Act of 1982 ( Garn Act, ) which defined a successor in interest and seven examples of which and the prohibition on due on sale action based on being a successor in interest, and that in this case it was by transfer of the property by death of a family member. Not only that but that I was the sole legal heir according to my brothers last will and testament and as such I would be assuming the payments on the home, and that I would be filing a probate action with the XXXX XXXX of XXXX XXXX, XXXX regarding final legal transfer of all of my brothers assets including the subject property at the time of that process completion, but that until that time I was legally stepping into his shoes and that I was provided the same legal protections under the Deed of Trust on the home and those contained in RESPA. Shortly after my attorneys filed the probate action with the court, I was provided official copies of the Letters Testamentary legally establishing me as the executor of the estate which therein I provided to XXXX via USPS and via facsimile, both of which were confirmed as accepted and my legal designation within their notes regarding the loan was the heir and successor along with the executor. Payments were made on the loan from the time of my brothers passing and notice provided to XXXX until the Cares Act forbearance provided for secondary to the COVID 19 pandemic which halted the payments and set them aside based on the granted forbearance. This occurred in XXXX of XXXX and lasted until the forbearance period expired at the end of XX/XX/XXXX. At the time of the forbearance expiration XXXX reached out to me after my call requesting information on how to proceed with the HUD/FHA simplistic loan modification related specifically to the set aside payments due to the forbearance and the process to restart the original loan and the options available in the HUD standalone portal for this type loan modification only due to COVID. Shortly after that a representative from XXXX loss mitigation department called me and detailed the process required to perform the streamlined loan modification and which option would be the best for me to choose, which was to move the set aside payments and create a separate non-interest-bearing note which would be for 360 months, or for any earlier chosen total of months chosen. I was advised that all that was needed based on all the information XXXX held in the loan notes and file was to write a letter containing specific language provided by XXXX, not to start making the regular payments again until receiving written notice that the modification had been performed which the process might take up to forty five ( 45 ) days, and if I had not received anything in the mail in 30 days to contact them again, and to mail that notice, which I did initially on XX/XX/XXXX. Then having not received anything in writing in several weeks and trying to be proactive on the situation I sent a second request on XX/XX/XXXX, and finally a third on XX/XX/XXXX. On or around the middle of XX/XX/XXXX I received the first written notice from XXXX XXXX company advising me that the loan on the home I was the legal heir and successor in interest for had been acquired by operation of a purchase from XXXX, and shortly thereafter the first notice from Mr Cooper in the form of a collection notice and also a monthly statement containing FDCPA required language when collecting a debt. There was nothing whatsoever in the notice as to the fact the loan was in a Cares Act forbearance or any mention of previously requested loan modification notices sent to XXXX. Therein I drafted several notices to send to Mr Cooper as the new servicing company to make them aware of the history of the loan, all documentation previous sent to XXXX so that they could do an investigation into the loan file transferred with the note and make corrections in the file to include the loan modification requests, and to send a request specifically to Mr Cooper that if the modification requested of XXXX had not been completed, to please complete it as the new servicing entity for the loan securing the property that I now owned via transfer of ownership due to the death of my brother. These notices were as follows ; 1. A Demand for Validation and Legal Verification of the debt as Mr Cooper was approaching this as a debt that was in collections 2. A QWR/NOE/RFI requesting information specific to the loan, the forbearance, the request for loan modification and a general accounting of all fees applied to the loan 3. A Request for loan modification pursuant to the Cares Act forbearance with XXXX and FHA standalone portal modification options to reinstate the original note and create the separate note with the payments in forbearance and any and all needed to bring the loan current after its transfer. This mailing contained attachments including an official copy of my brothers last will and testament, a copy of his original death certificated, a copy of the Letters Testamentary issued by the XXXX Court, and copies of the previous requests to XXXX. The request itself also contained a history and summation of the life of the loan, the forbearance and the request for loan modification These aforementioned notices were sent five times during the period from XX/XX/XXXX through XX/XX/XXXX of XXXX, one by a mailing service which provided me proof of mailing, the second using the same mailing company sent XXXX which provided me both proof of mailing and documentation of receipt which I maintain in my records. The final three request for modification and QWR/NOE/RFI were amended in their structure to be specific only to the relevant period of the forbearance through the transfer of servicing rights and even more specific to the issue of legal heir/successor in interest for the home, and the loan modification requests, and additional attachments were included detailing the XXXX final order by the CFPB to RESPA and TILA regarding successor in interest and the servicing requirements to treat those who qualify for this designation by transfer of ownership by death of a family member to be provided all legal protections just the same as the original creditor including loss mitigation and loan modification. To this date NONE of those notices have been acknowledged in writing, no information requested has been produced in writing and sent to me, no corrections have been made to the loan file and therein the servicing of the loan by Mr Cooper and no loan modification, or any communication regarding same has been sent to me in writing, or communicated to me over the phone. Sometime in XXXX according to my conversation on XX/XX/XXXX with multiple representatives from Mr Cooper, including a collections agent, and loss mitigation representative the file was transferred to a law firm to perform the substitution of Trustee with the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX and to initiate a non-judicial foreclosure on the home in direct violation of a RESPA requirements regarding the recognition of a successor in interest/legal heir via operation of a will, none of the requests for information and correction to the loan file were ever performed, and it appears that Mr Cooper has internal policies either written, or assumed that prohibit a successor in interest of a legal heir to have the authority to sign a loan modification because they are not the original borrower, or their name is not on the Deed of Trust XXXX Not only are these potential and obvious violations of RESPA, but also are direct contradictions to the requirements set forth and agreed to be Nationstar D.B.A. Mr Cooper in the Settle Agreement and Consent Order with the CFPB.
Company Response: Company believes the complaint provided an opportunity to answer consumer's questions
State: MS
Zip: 395XX
Submitted Via: Web
Date Sent: 2022-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Nation-star, Mr. Cooper, RightPath refuse to honor Covid forbearance transition to deferment. RightPath demands lump sum payment for 18 month forbearance period or they will foreclose. 35 day notice to comply. On its face, intentional scheme to Force modification at MUCH higher rate and/or unjust enrichment with forclosure ( $ XXXX equity ).
Company Response:
State: CA
Zip: 92532
Submitted Via: Web
Date Sent: 2022-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-28
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I XXXX XXXX declare Under Penalty of Perjury the claims made by me are true with the best of my abilities and knowledge. Notice of Dispute Violations : -Holder in due course Rule 6000 -False and misleading business practices 15 U.S.C 45 - Federal Trade Commission ACT Section 5 - FDCPA 15 U.S.C 1692F The agreement is void due to the lender failure to perform their duty obligations under the contract. Willful Violations of the Rule and contract agreement : In adopting this Rule, the Commission determined that it constitutes an unfair and deceptive practice within the meaning of Section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) for a seller, in the course of financing a consumer purchase of goods or services, to employ procedures which make the consumer 's duty to pay independent of the seller 's duty to fulfill his obligations. In the course of public proceedings of the XXXX the XXXX documented numerous cases where consumer purchase transactions were financed in such a way that the consumer was legally obligated to make full payment to a creditor despite breach of warranty, misrepresentation, and even fraud on the part of the seller. Under ordinary contract law, the promises of the parties to a sale transaction are mutually dependent. A seller is entitled to payment provided he delivers what he promised to deliver. If the seller fails to deliver what was promised, the consumer 's obligation to pay may be reduced or even eliminated. However, it is possible for a seller to arrange credit terms for buyers which separate the consumer 's legal duty to pay from the seller 's legal duty to keep his promises. The written agreement does not provide me with the knowledge or show I gave the lender authorization or permission for the bank to receive {$130000.00} in actual cash value funded by me in the promissory note ; then use the note to fund a bank loan check back to me which obligated me to give the bank {$130000.00} plus interest for free. It was never my intent to fund my own bank loan check of {$130000.00} and to also be required to pay monthly payments plus interest. It was never my intent to give a security interest in my property as collateral to fund any obligation under these terms. This is a willful intent on the bank and their policies knowingly the promissory note funded the check which produced equal value to the bank loan check without any consideration from the lender. The lender has not loan anything of cash value to obtain the promissory note therefore, the bank did not invest any legal tender or depositors money to obtain the promissory note. The contract was not clear enough to decline what was being promised. The contract was formed under duress by having me sign an unconscionable contract that no reasonable or informed person would agree to. Right Path has sent me presentments using profane language with the obligations to perform under a contract without receiving any benefit or consideration in return. I have disputed the validity of the alleged debt. In return, Right Path Servicing has tried to validate a debt that has no connection to them, by furnishing forms to create a false belief that the original creditor is participating in the collection or an attempt to collect a debt allegedly owed. Since they cant validate the debt ; a new contract was created to coerce me into believing the original lender provided me with the consideration in receiving actual cash value from them. I have requested the original contract which would include the endorsed note and security instrument and I have received presentment which appears to be a copy. Counterfeit documents are unacceptable in the connection with any debt. Especially, in the event they are making strong allegations that I owe an alleged debt. I have sent notice of dispute under RESPA and requested for the original documents again only to be told the documents are being retained as its my obligation to pay. Why would a contract in its original state be retained from the actual parties involved in the transaction? Who would retain this information from the actual parties involved in the transaction? Only to produce counterfeit documents alleging that a debt is owe to them. This is unethical advertisement distorting the facts of the actual binding contract. With the meeting of minds on creating a contract, the lender has not signed the contract, provided full disclosure of said contract terms and refuses to provide the original endorse note and mortgage showing the chain of title. The contract produced is unilateral and not mutual dependent of one another. A lawful contract has two signatures and obligates both parties. I have the right to be treated with respect, fairness and dignity in the connection to any debt. I have never done business with Right Path Servicing, and they wish to carry out on a contract without any consideration making the contract void.
Company Response:
State: PA
Zip: 19142
Submitted Via: Web
Date Sent: 2022-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-28
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: We continue to receive request to collect debt from a XXXX mortgage with XXXX XXXXXXXX XXXX ( Account number XXXX ). After our bankruptcy in 2015, XXXX sold the mortgage to a debt collector, XXXX XXXX XXXX ( Account XXXX XXXX ) after receiving our discharge paperwork. XXXX XXXX XXXX continued to harass us for full payment and late penalties after we provided discharge paperwork and instructed them to contact our attorney with further questions. They then sold the loan to RightPath Servicing ( Account XXXX ) who is now harassing us after receiving a letter from us stating that the mortgage was XXXX in bankruptcy and threats to report them to CFPB.
Company Response:
State: IN
Zip: 473XX
Submitted Via: Web
Date Sent: 2022-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage with XXXX was transferred to RightPath in XX/XX/2022. As instructed by XXXX, I made my XX/XX/2022 and XX/XX/2022 payments to XXXX on time and in full. I began paying RightPath XX/XX/2022 until the present - again paying on time and in full on the XXXX of every month. RightPath claims I owe them for 1 month 's payment- but I do not. I've contacted RightPath several times since the transfer. I've provided proof of payment for XXXX XXXX XXXX from my bank. I emailed proof on XX/XX/2022, XX/XX/2022 and XX/XX/2022 but to no avail. I've asked RightPath to reconcile my account and apply payments correctly and I've been getting the run around. I've attempted to contact XXXX to solicit help but they were acquired by RightPath and their site no longer allows me to contact them about my loan. My mortgage payments have not been applied correctly and I need your help to get RightPath to resolve this issue.
Company Response:
State: NJ
Zip: 08873
Submitted Via: Web
Date Sent: 2022-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-09-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My mortgage was bought out and began with new lender, Mr. Cooper at the beginning of this year ; XX/XX/XXXX. I had lost my job XX/XX/XXXX and explained this to the new lender predicting I would be late on my payment. The loss mitigation department offered or suggested a " Pandemic Forbearance Plan '' which would pause my payment obligations for three months, stating I could opt out at any time. Following the three months, without request or consent they automatically resumed this plan which I was not needing or requested. I made three payments, one more than minimum due during this time. I spoke with someone back in XX/XX/XXXX asking to stop this plan I was ready and had been to resume payments. This was not acted on, they failed to stop plan which froze my ability to make online payments. Every time I spoke with them each person informed me incorrectly with false information. Most recent, I was told I could " promise to pay '' which would allow to make payments and any extra as was able. I asked for management to review calls from prior months to verify this information. This too was disregarded. Having trouble talking to anyone helpful or knowledgeable, and being unable to make a payment after several attempts I am now being threatened with foreclosure and feel I am being victimized by these predatory lenders. Note that documents sent via mail have different names, numbers and contact addresses making this whole process much more difficult. Here is hoping they are held accountable for the wrong doing, misleading and illegal acts of consumer lending.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MN
Zip: 553XX
Submitted Via: Web
Date Sent: 2022-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A