Date Received: 2023-10-09
Issue: Struggling to pay mortgage
Subissue: An existing modification, forbearance plan, short sale, or other loss mitigation reli
Consumer Complaint: Mr. Cooper has been holding substantial rolling escrow surplus in violation of RESPA since XXXX. I proport an {$8.00} XXXX dollar surplus scheduled by XX/XX/XXXX. Please see attached XXXX. You can clearly see Mr. Cooper also saw an {$8.00} XXXX dollar surplus XX/XX/XXXX they outline this. This document outlines {$6900.00} surplus XX/XX/XXXX. XX/XX/XXXX Mr. Cooper states verbatim : Trustee Claims ( Agreed Orders ) were created as a result of missed post-petition payments during the active bankruptcy proceeding. Funds submitted by the Trustee that were referenced for the specific Trustee Claim ( Agreed Order ) were utilized to repay the specific Trustee Claim they were submitted for. However Between XXXX & XXXX statements {$17000.00} was credited as indicated on the monthly statement by the reduction of overdue payments line item. This was represented as XXXX interest, XXXX principle or exactly 7 months P & I, and {$3800.00} or in escrow or 7 monthsXXXX. No payments were made at this time and in XXXX there is still {$1200.00} in suspense. Attached XXXX. Mr. Cooper had not in fact applied any trustee payments for the post-petition claims paid XXXX until XXXX.
Company Response:
State: WI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Trouble during payment process
Subissue: Loan sold or transferred to another company
Consumer Complaint: Our escrow didnt get paid properly by this company and we tried paying it twice, our payment got reversed causing it to be a late fee. We tried paying our escrow completely with what we owed, but they refused to apply it to the escrow balance and increased our mortgage rate due to the money owed escrow despite us trying to pay it in full.
Company Response:
State: NY
Zip: 120XX
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-08
Issue: Trouble during payment process
Subissue: Payment process
Consumer Complaint: In XX/XX/2023 I was called by Mr cooper loan 's in regards to my loan payment status. I normally pay it on the XXXX of every month since I don't get paid on the first of the month and it can be somewhere within the first week or so when I do get paid. I do not have direct deposit so when I get paid it takes a day or two for the funds to become available. During this call they said it was their new policy to call you if you don't pay it by the XXXX of the month. I have a grace period until the XXXX and after the XXXX I get a late fee. I feel as this is standard. I asked if there was any way I didn't have to be called and told the story and I was told no, there was nothing I could do. I have never made a payment after the XXXX and never missed a payment in over a year and a half. During the first call I was asked if I was planning on buying another home or moving because I had " perfect payment history ''. This month I was called again. On XX/XX/2023 I missed the call that they sent and they left an automated voicemail asking if I was who has the loan and to press 1 for yes and 2 for no. The next day ( XX/XX/2023 ) i got another call that also went to voicemail because I was busy with my wedding that day. It was the XXXX so I knew I was paying it that day. I paid the monthly payment and then called back the number that was listed on the voicemail. Upon calling the number and entering the verification number that was in the voicemail I was notified that I was delinquent on my payment and that I had XXXX hours to clear it up. It then asked if I had paid it already or not. Next automated statement asked how much I paid. The whole time the system said in the call and in the voicemail that it was Mr. Cooper and that they are a debt collection company. It came up on my phone as Mr. Cooper loans. I think it is very predatory to do this when you have a grace period and tell whoever that they need to pay or else. This is not right especially since my loan was bought out from my other lender. I didn't go searching for this company and I didn't have a say in if my loan was sold or not. Based off the reviews online this is not the first time the loan holders have been taken advantage of by Mr. Cooper/ Nationstar. I shouldn't feel like I'm a criminal and a terrible loan holder for using the grace period that every other loan company gives. I am thinking about getting lawyers involved due to the predatory tactics and harrassment. I feel as if I am stuck with where the interest rates are now. I have a mid two percent interest rate and I could not get that anywhere else
Company Response:
State: CO
Zip: 80550
Submitted Via: Web
Date Sent: 2023-10-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Trouble during payment process
Subissue: Escrow, taxes, or insurance
Consumer Complaint: Mr Cooper transferred a negative escrow balance to my new servicer, XXXX. Please review all prior escrow complaints. I understood the escrow to be corrected, and there should not have been a negative balance. I want Mr Cooper to correct the balance to the correct amount.
Company Response:
State: FL
Zip: 33991
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Trouble during payment process
Subissue: Trying to communicate with the company to fix an issue while managing or servicing yo
Consumer Complaint: I received a letter stating my loan was being transferred XX/XX/2023. I pay my mortgage online but this time the process center I was directed to said my payment could not be received. I called the toll free number but it verified me saying I was not eligible to pay through the automated system. Now it's XX/XX/XXXX.
Company Response:
State: VA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-07
Issue: Trouble during payment process
Subissue: Loan sold or transferred to another company
Consumer Complaint: On XXXX XXXX XXXX my mortgage was transferred from XXXX XXXX XXXX XXXX XXXX to rushmore servicing.up to that date my loan was up to date at 2 % monthly payments XXXX XXXXXXXXwhen my loan transferred a illegal increase to {$1500.00} in monthly payments from illegal escrow charges for tax and insurance when these are included in my monthly payments.the letter attached clearly states the transfer does not affect any term or condition. My loan was not modified in any way. On XXXX XXXX XXXX all my arrears were paid and my mortgage reinstated and paid up until XXXX XXXX when my mortgage was transferred to the same company with illegal fees and charges breaching mortgage that was in place
Company Response:
State: NJ
Zip: 07017
Submitted Via: Web
Date Sent: 2023-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-07
Issue: Struggling to pay mortgage
Subissue: Foreclosure
Consumer Complaint: Mr. Cooper XXXXXXXX XXXX XXXX XXXX Re XXXX Notice of error Between XXXX & XX/XX/XXXXXXXX statements {$17000.00} was credited as indicated on the monthly statement by the reduction of overdue payments line item. This was represented as XXXX interest, XXXX principle or exactly 7 months P & I, and {$3800.00} or in escrow or 7 months@1/7thXXXX. No payments were made at this time. For XXXXXXXX {$43000.00} was the total amount due this would pay off 21 months payments Mr. Copper said was back/due. While back escrow would be divided into 60 catchup payments {$9000.00} in total 1/21th {$430.00}. This would XXXX all balance of due/past due payments and escrow if all paid in full at that time. Mr. Cooper would not allow payment without reinstatement XXXXXXXX to XXXXXXXX 7,8,9,10,11,12,1,2,3,4 10 total months. Due to covid the note was eligible to be in forbearance up to 12 months. XX/XX/XXXXXXXX Mr. Cooper thought 28 PI & E payments were missing looking for {$69000.00} they found 7 months were just not really missing, created 10 with reinstatement issues, leaving 11 that were actually outstanding at the time of claim 37. This would indicate claim 37 that was confirmed in XX/XX/XXXX {$34000.00} for 15 months was in fact wrong as 11 months were outstanding not 15, and of the 11 months 7 get found XX/XX/XXXX. This means in XX/XX/XXXXXXXX that all of XXXX had been accounted for. There could be no escrow shortage coming into XXXX with {$3800.00}. The {$3800.00} credited to escrow is valid and if the errant escrow catch-up payments were made it would amount to {$9000.00} + {$3800.00} or {$12000.00} in XXXX. As of XXXX then paying {$590.00} escrow a month 8,9,10,11, 12 or five months of {$590.00} or {$2900.00} plus {$12000.00} would equal {$15000.00} in XX/XX/XXXX. Insurance XXXX Tax XXXX XXXX {$7100.00} due in XX/XX/XXXX. That amounts to {$8600.00} more than needed for XXXX. This is logical because it is the continuum of a running surplus since XXXX when the XXXX XXXX started and an ongoing in violation of 12 U.S.C. 5481 ( 12 ), ( 14 ) and RESPA. Mr. Cooper misapplying per bankruptcy code current contractual payments to prepetion amounts XXXX XXXX XXXX filing forward, causing larger escrow payments in addition to trustee payments to be splintered into escrow or suspense. This illegal per 12 U.S.C. 5481 ( 12 ), ( 14 ) and RESPA accounting always showing the account as behind payments ( credit reporting and statements claims ) inadequately accounting for confirmed claim amounts separately. Only Mr. Cooper can allocate any payment to escrow and Mr. Cooper continually held thousands in excess or surplus amounts in violation of 12 U.S.C. 5481 ( 12 ), ( 14 ) and RESPA that should have been applied to current contractual payments or confirmed claims. XXXX PG analysis of arrears attached : The 7 months found in XX/XX/XXXXXXXX must be credited to time of claim 37, we can see XXXX XXXX reference Mr. Coopers payment history whereas XXXX correctly referenced the restart of contractual payments XXXX stated XXXXXXXX she did indeed apply current payments to prepetition claim amounts in XXXX months of on time payments wont register in the crude tally. XXXX does not account for thousands of surplus escrow or thousands of dollars paid in suspense that should have been applied to PI & E, in addition to the single running total starting in XXXX. While in forbearance XXXX XXXX XXXX XXXX was sold per stipulation with court approval that the sales proceeds would cover the outstanding XXXX XXXX debts. XXXX XXXX XXXX of XXXX XXXX XXXX quotes {$21000.00} outstanding arears on XXXX XXXX XXXX XXXX to XXXX XXXX by XXXX its XXXX. The proceeds of the sale of XXXX are not sufficient to cover the errant increase caused by improper accounting of the additional {$13000.00} defying court order to pay all XXXX XXXX debt with the XXXX sale summer of XXXX. XX/XX/XXXXXXXX all claims in the XXXX XXXX are paid with the exception of 37 that was only filed that month the case would have been discharged if the pending claim 37 had been correct in XXXX. 37s missing 7 months funds show up in XX/XX/XXXX. Cooper/XXXX petition to abandon stay and motions for relief until the XXXX XXXX case gets dismissed XXXX of XXXX. XXXX {$51000.00} is invoiced while the balance of claim 37 would have been {$28000.00}. Mr. Cooper if 21 months were missing in XXXX and 10 were because you would not allow payment there are 4 months payments still not accounted for.
Company Response:
State: WI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-07
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue: Trying to communicate with the company to fix an issue with the application process
Consumer Complaint: I'm am in the process of refinancing a mortgage Information submitted by my previous servicer Rushmore loan management services LLC are incorrect.also Rushmore has received funds on my behalf from the state of new Jersey erma program and did not apply to my balance.The erma program paid my arrears but Rushmore added a false foreclosure charge of {$2400.00} when in fact there was no foreclosure due to the fact the erma contacted Rushmore that the arrears were being paid by the state which is illegal.also another charge of {$6600.00} was added on for taxes and insurance when in fact those are included in my mortgage payments.also Rushmore recently transferred my mortgage from their LLC to themselves while reporting information to credit bureau causing my credit to drop XXXX XXXX while I was current.Last but not least after the erma program paid my mortgage payment in XXXX of {$1000.00}. Rushmore increased my payment to {$1500.00} which is illegal and a breach in mortgage contract
Company Response:
State: NJ
Zip: 07017
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-06
Issue: Struggling to pay mortgage
Subissue: Trying to communicate with the company to fix an issue related to modification, forbe
Consumer Complaint: From the moment a person files a XXXX XXXX bankruptcy petition ( Petition Date ), a loan supported by a mortgage must be treated as if it is current. Once a debtors XXXX XXXX plan is confirmed, the debtors regular ongoing mortgage payments should be applied from the Petition Date based on the mortgage contract terms and original loan amortization as if no default exists. All pre-bankruptcy arrearages are paid separately under the XXXX XXXX plan as part of the creditors allowed claim. In essence, the creditors claim is split into two claims the underlying debt and the arrearages ( although a creditor is only required to file one Proof of Claim as discussed below ). This can often be inconvenient for a creditor as it may have to create a separate account within its own system, but it is imperative that the payments be applied correctly to avoid being liable for improperly applying the payments, resulting in the penalty of sanctions. Mortgage loan payments should be applied for all XXXX XXXX debtors as follows : Payments from the trustee or debtor post-confirmation should be applied to payments due from the Petition Date going forward not to the arrearages. All postpetition installment payments must be applied and credited to the debtors mortgage account as if the account were current and no prepetition default exists ( this includes any adequate protection payments received pre-confirmation ). Because an arrearage claim is basically a separate claim, the trustee or debtor should note that the payment is for the arrearages when it is sent. When the trustee or debtor notes the payment is for arrearages, then that payment can go toward the arrearages. The attached 105 letter Lenea clearly states they applied current contractual payments to prepetition missed payments accounted for separately in the filed claim ( s ). CFPA has been forced to litigate mr cooper for the very same actions you have admitted doing. You had 200 % annual escrows and applied payments wrong. CFPA would agree I am due compensation. RESPA and the XXXX are federal consumer financial laws. 12 U.S.C. 5481 ( 12 ), ( 14 ). Under Section 1036 of the CFPA, it is unlawful for any covered person to offer or provide to a consumer any financial product or service not in conformity with federal consumer financial law, or otherwise commit any act or omission in violation of a federal consumer financial law. 12 U.S.C 5536 ( a ) ( 1 ) ( A ). Violations of RESPA and the XXXX are therefore violations of the CFPA. Id. VIOLATIONS OF RESPA 83. RESPA and its implementing regulation, Regulation X, pertain to certain acts and practices related to federally related mortgage loans, including servicer requirements related to notice of error and complaint resolution. 84. The loans impacted by the allegations herein are federally related mortgage loans Prayer for Relief The Bureau, pursuant to Sections 1054 and 1055 of the CFPA, 12 U.S.C. 5564 and 5565, and the Courts own equitable powers, requests that the Court : 1. Permanently enjoin Defendant from committing future violations of the CFPA, RESPA, and XXXX, and enter such other injunctive relief as appropriate ; 2. Award such relief as the Court finds necessary to redress injury to consumers, including, but not limited to, rescission or reformation of contracts ; refund of moneys ; restitution ; and payment of damages or other monetary relief ; 3. Award such relief as the Court finds necessary to disgorge Defendant of unlawful gains ; 4. Award civil money penalties against the Defendant ; 5. Award costs against the Defendant ; and 6. Award additional relief as the Court may deem just and proper.
Company Response:
State: WI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-06
Issue: Trouble during payment process
Subissue: Private mortgage insurance (PMI)
Consumer Complaint: Mr. Cooper has Fraudulent business practices they put on their website that is attached to your account your home value, and your home equity. Yet they will not consider such information when handling a pmi removal. I have 53 % equity in my home and my home is valued XXXX more then it needs to appraise for yet they want me to pay for an appraisal, to get pmi removed. Lets add in when they buy your mortgage they make you jump through hoops to keep your auto pay. What mortgage company makes you write a letter and mail it in to keep paying your mortgage. Theres another option for you to cancel your auto pay and re set it up on the website which I did and they still canceled the auto pay. Mr Cooper is a complete scam. They want you to be late on your payment, charge you fees, late fees and appraisal fees.
Company Response:
State: PA
Zip: 193XX
Submitted Via: Web
Date Sent: 2023-10-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A