Date Received: 2015-05-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: In 2014 I made XXXX payments by mistake, and ever since Ive been calling because XXXX of thosepayments was applied to principal when I never said that it was for the principal. Whenever I call, Imtold that everything is fine, but when I get me statement, they charge me for XXXX months and withpenalties. I always send them what is necessary for the monthI never send them any more. I needsomeone to call them and to have them tell me the truth, since theyre always lying to me. Thank you. Im writing in XXXX because I dont know how to write in XXXX.
Company Response:
State: CA
Zip: 91303
Submitted Via: Web
Date Sent: 2015-05-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-05
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: To Whom It May Concern, our family has fallen victim to a bait and switch loan modification offer granted by XXXX XXXX XXXX ( XXXX ) and our investor named as, XXXX Home Equity Loan Backed Certificates XXXX XXXX, also known as XXXX Bank XXXX XXXX XXXX XXXX XXXX according to correspondence received from our new servicer Nationstar Mortgage ( NSM ). On XX/XX/XXXX our family was approved for loan modification of our second mortgage, and was required to make XXXX consecutive trial payments of {$600.00}. Our payments were made as follows:1 ) XX/XX/XXXX -- {$600.00} ( 2 ) XX/XX/XXXX -- {$600.00} ( 3 ) XX/XX/XXXX -- {$600.00} ( 4 ) XX/XX/XXXX -- {$620.00} ( 5 ) XX/XX/XXXX -- {$620.00} ( 6 ) XX/XX/XXXX -- $ XXXX Exhibit " A '' Modification offer from XXXX - dated XXXX XXXX, XXXX Exhibit " B '' letter dated XXXX XXXX, XXXX Acknowledging Owner of our XXXX MortgageOnce our payments were completed we never received permanent loan modification documents. Our loan was transferred to Nationstar Mortgage along with our XXXX mortgage on XX/XX/XXXX. Nationstar Mortgage has been unable to give us a definitive response as to why the modification did not follow our loan during the transfer, nor do they appear to be concerned with the fact trial payments were made on our second mortgage. Furthermore, the records via letters and notices reflect poor accounting of our loan and out last payment dates vary from document to document. See Exhibit " C '' Various letters indicating poor accounting as to when our last payment on the XXXX mortgage loan. In addition, to the abuse of XXXX and The XXXX XXXX XXXX XXXX XXXX XXXX collecting trial payments illegally with a mutual commitment to modify our loan permanently ; NSM has failed to properly validate our debt after being served with a qualified written request ( QWR ) on XX/XX/XXXX. Per RESPA 12 U.S. Code 2605, NSM has failed to provide proper validation of debt and are missing the following documents from their response indicating possible predatory lending may also have occurred when my loan was originated and furthermore transferred multiple times. This response is incomplete to say the least and lacks multiple significant items required to prove the validity of the mortgage debt re : affidavits of transfer, XXXX XXXX, etc. and is riddled with numerous violations in relation to Section 6 RESPA and TILA.Missing QWR Documents and failure to validate mortgage debt : 1 ) Deed of Trust 2 ) Planned Unit Development Rider 3 ) Balloon Note Addendum 4 ) Allonge to evidence transfer from XXXX to XXXX and XXXX to NSM 5 ) Assignments from XXXX to Nationstar XXXX ) XXXX-original loan application 7 ) GFE-Good Faith Estimate 8 ) Appraisal Report 9 ) Amortization Schedule 10 ) Truth in Lending ( TIL ) 11 ) No HUD -1 Settlement StatementSee Exhibit " D '' Incomplete QWR response from current servicer NSM-Furthermore, after further evaluation of our loan and lack of documentation on the part of our current and previous servicers, we feel that our appraisal had to be inflated in order to compete underwriting on this loan. As a result our property has been stripped of equity and conceived using a falsified or stretched Appraisal Report and improper discloser of the negative impacts this loan has had on our family since its conception. It is our consensus that the loans originator failed their fiduciary responsibility to our family and this loan carried no Tangible Net Benefit ( TNB ) to us in the long run. As a reminder, mortgage loan originators have a duty to not recommend or induce borrower ( s ) to enter into a transaction that does not have a reasonable, tangible net benefit to the borrower ( s ), pursuant to section 12-61-904.5 ( 1 ) ( a ), C.R.S.
Company Response:
State: IL
Zip: 62801
Submitted Via: Web
Date Sent: 2015-05-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-05
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: I have submitted numerous loan modification packages to Nationstar Mortgage and keep receiving requests for additional information even though Nationstar has received complete packages. I do not have a specific customer relations manager assigned to work with me. When I call I am transferred to whatever worker is available.
Company Response:
State: PA
Zip: 19120
Submitted Via: Web
Date Sent: 2015-05-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: A friend died in a XXXX, on XX/XX/XXXX. The dwelling and it 's contents, weredeemed a total loss by insurance company, for which the decedent had homeowners insurance. I became executor of her estate, and received " Letters of Testamentary '', on XX/XX/XXXX. Decedent had a reverse mortgage, with Champion Mortgage Co. On XX/XX/XXXX, I met with the adjuster from the insurance company, and endorsed a check, " Pay to the order of Champion Mortgage '', for the total amount due, within 30 days of the end of XX/XX/XXXX, listed on a loan statement from Champion Mortgage. A XXXX page fax, was sent to Champion Mortgage, which included a cover letter with the loan number and instructions, " loan pay-off, check sent in mail today '', signed by the insurance adjuster. The fax also included a photocopy of the front and back of said check, with my signature, endorsing it to Champion Mortgage, as executor. The last page of the fax was a copy of a statement, for the amount due, within 30 days, of the end of XX/XX/XXXX. Champion Mortgage cashed the check, which cleared the insurance company 's financialinstitution, on XX/XX/XXXX. Instead of paying of the reverse mortgage, they put the money into a non-interest bearing account, which I can not access, as the executor of the estate. Champion Mortgage claims that the fax instructions were not signed by someone authorized on the reverse mortgage loan, therefore, they did not pay off the loan. I have made numerous phone calls, and have sent a letter instructing them to pay offthe reverse mortgage loan, to no avail. Representatives give incorrect information, supervisors do not return calls, and theyare now asking for more fees and interest on the loan. There are numerous on line complaints about how Nation Star/Champion Mortgage Co, does business, including padding invoices, and prompting foreclosures on properties, where people have tried to pay off mortgages.
Company Response:
State: IL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-05-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-05
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: The Servicing Company to my mortgage - Nationstar Mortgage is attempting to illegally foreclosing on our personal home by selling it at auction on XXXX XXXX, XXXX in direct violation of HBOR law. Nationstar Mortgage properly and fairly review our loan modification request for relief. We intend to keep our home and both of us are in out XXXX 's and have many medical and health issues that have kept myself XXXX limited in employment opportunities. In fact, we were forced to lose our businesses ( XXXX ) as a result of the health related to XXXX and XXXX XXXX XXXX. In addition, Nationstar has repeatedly denied us help several times for several years although we meet all eligibility criteria. They have never offered any alternative to foreclosure programs like short sale. Nationstar Mortgage illegally commenced and is conducting a foreclosure while reviewing attempting to find workout relief options for us. They have mishandled our documents and file several times and failed to properly communicate with us throughout the process. They simply wish to foreclose and kick us out onto the streets. They have clearly violated HBOR specifically under the " dual tracking '' clause. Nationstar Mortgage instructed and allowed the Foreclosure Trustee named XXXX PROCESSING SOLUTIONS to illegally start foreclosure on my property. The Nationstar Mortgage and Know Your Options website gave the result that we are eligible for a loan modification with a lower payment to save our property. So there no reason why Nationstar should have denied our request or started foreclose on our home.
Company Response:
State: CA
Zip: 91791
Submitted Via: Web
Date Sent: 2015-05-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My mortgage was transferred from XXXX to Nationstar Mortgage in XXXX TX on XXXX XXXX, XXXX. On Friday, XXXX XXXX, I received " opt out '' form dated XXXX XXXX and letter of explanation dated XXXX XXXX. No other dates appeared on the forms. I called them to opt out and they said they would process this, but it may take up to 30 days. This violates the Gramm-Leach Bliley Act. When I spoke to a supervisor XXXX XXXX, and told him I wanted to opt out now, he said there was nothing he could do. I told him to speak with his legal department about not dating the notices which would allow people, by law, the 30 days to opt out before selling all private information. He said he would make a note in my account. I suggested he make a note to his legal department. I am sick of receiving up to XXXX calls a day ( even after I block/ignore numbers! ) from people looking for me to invest, buy, give, etc. The OPT out rules are not being followed and it is a shame the government is protecting the rights of businesses to screw me instead of protecting my rights - I should be able to OPT IN if I want all my personal information sold and used! Businesses should NOT be allowed to use and sell ALL my private information without ME approving it!
Company Response:
State: CA
Zip: 91364
Submitted Via: Web
Date Sent: 2015-05-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-04
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My mother died in XXXX of last year XXXX. She had a reverse mortgage and I am executor of the estate. The agent who had her sign the original reverse mortgage contratc was informed that she had XXXX, but went ahead with initiating the loan regardless of her obvious inability to understand the ramifications. This agent worked for XXXX Mortgage company. More recently, generation sold the mortgage to Champion Mortgage Company, but in the document of transfer, regeistered at the clerk of courts, they listed a legal description of a completely different property thousands of miles away with no connection to my mother.. I pointed this out shortly after her death, and the mortgage company filed a new transfer document in XXXX. I question whether the original contract is valid since it was not executed in good faith with someone who knew what they we signing. I also wonder if the transfer of the mortgage is legal with this botched legal description and the transfer only truly being processed long after my mother had passed. lastly, i have been trying to work with Champion Mortgage to obtain a 95 % of Fair Market Value payoff amount so that the family cal possibly buy the property back out of foreclosure. They have lost document repeatedly, not communicated in a professional manner and even scheduled a foreclosure sale date of XXXX XXXX without any notification. I discovered that a sale date had been set when I called to check on the status of the account today. Today I was told that I have to hire a lawyer or real estate agent and get them to process a preliminary HUD statement, a sales contract etc., before Champion will postpone the foreclosure sale or initiate an appraisal to determine fair market value. The house is in an area with a severely depressed real estate market and the house is not in good shape. It is worth perhaps half of the loan balance at this point. i am happy to work in good faith with Campion, but these issues should be addressed, and I would like to know what laws pertain to this type of issue. Specifically, do i not have the right to represent myself in this process? If all we want to do is pay off 95 % of the FMV as required by law, why must I beg for an appraisal. i paid for XXXX appraisal out of pocket and sent them the results ... of course, this was not acceptable, yet since XXXX, i have been trying to get them to provide me with their estimate of 95 % of XXXX so we can close the estate. now they are trying to sneak through foreclosure without notification and placing beurocratic barriers to obtaining an appraisal for a 95 % payoff.
Company Response:
State:
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-05-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX XXXX XXXX transferred my loan to Nationstar Mortgage. Nationstar will not allow me to register a new account online citing they do not have my account information. Calls to their help line have gone unanswered and I have remained on hold 2 and 3 hours with no response. I CAN NOT pay my mortgage and I have concerned they are engaging in fraud to delay registration and accumulate late fees.
Company Response:
State: NJ
Zip: 080XX
Submitted Via: Web
Date Sent: 2015-05-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-05-03
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I am the sole heir and the personal representative of my late sister 's estate since XX/XX/XXXX. Probate is closing in a few weeks. All mortgage payments were made to XXXX 100 % on time. XXXX XXXX XXXX sold my mortgage to Nationstar, effective XX/XX/XXXX. I began contacting Nationstar on or around XXXX XXXX XXXX regarding XXXX concerns 1 ) requesting an Assumption Package to take over the mortgage, and 2 ) Payment of {$8000.00} that XXXX had in escrow, owed to my contractor for a XXXX hail damage claim in XX/XX/XXXX, in which all work was completed. The Nationstar representative assured me repeatedly that all previous documentation with XXXX is " being boarded '' and to " wait another week '' before Nationstar could see that I was the legal representative for the mortgage. Apparently my identity and authorization to speak about my mortgage was not so critical that the representative volunteered information that my mortgage was " unassumable '', ( in other words, the representative is hinting that they will try and enforce their " due on sale '' clause ). and that I should consider re-financing, before she caught herself and said she was saying too much without verifying that I was authorized to speak about the mortgage. She also gave me my new Nationstar loan number, which I used to register on their website and make payments. A bank 's " due- on-sale '' clause CAN NOT be enforced when a direct, sole heir is occupying a home. { XXXX. Germain Depository Institutions Regulation Act,XX/XX/XXXX }. I made several more phone calls to point out this legal provision to Nationstar, without success, and finally reached " XXXX '' who told me she asked her boss who is familiar with the GSDIRA XX/XX/XXXX provision and told me she would send me an Assumption Package. Again, no concern about proofs that I was a fiduciary on the mortgage. I received an email from " The Research Dept '' at Nationstar this same week, requesting my sister 's death certificate and my fiduciary Letter of Authority from the XXXX XXXX XXXX XXXX XXXX MI. Called again on XX/XX/XXXX to see if Nationstar had loaded XXXX 's documents related to my mortgage, and was again told that " some '' of my information had " boarded '' to their system, but not all of it, and to wait. Called again XX/XX/XXXX and was advised that without faxing my sister 's death certificate and my letter of authority, they would not talk to me. They wasted a week of precious time telling me to wait until my information was " boarded '', now this. I faxed the death certificate and XXXX XXXX MI Letter of Authority on XX/XX/XXXX. I made a full mortgage payment for XX/XX/XXXX on the Nationstar website, which posted to only my principle, and under payment history, it stated " no payments during this period. '' I made another full mortgage payment XXXX days later, again posted only to my principle, showing no credit toward actually paying the mortgage. I am asking the CFPB to intercede on my behalf, requesting that Nationstar 1 ) Acknowledge the XXXX Germain Depository Institutions Regulation Act XX/XX/XXXX provision for sole heirs who occupy a home that is mortgaged, and send me an assumption package. They can not enforce a due-on-sale clause. 2 ) Correctly post my payments to the mortgage, without delay.
Company Response:
State: MI
Zip: 483XX
Submitted Via: Web
Date Sent: 2015-05-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-05-02
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: 5 years ago I filed for bankruptcy in order to save my primary residence. At the time, my loan was by XXXX mortgage company but they 've sold the loan to multiple mortgage companies since. Now it is being serviced by NationStar. I completed my bankruptcy requirement and repaid everything stipulated by my bankruptcy agreement. So it has been discharged and I am now officially out of bankruptcy. However, when I first filed the bankruptcy 5 years ago, the agreement was that I would pay {$1300.00} ( principal + interest + escrowed taxes & insurance ) as regular monthly mortgage payments to the bank, PLUS, $ XXXX monthly to the bankruptcy trustee to cover everything I had in arrears ( everything that accumulated from my mortgage company, i.e, back-mortgage payments etc. ) In other words, the trustee payment covered everything the mortgage company said I accumulated while in arrears before filing bankruptcy. During my bankruptcy, the mortgage company neglected to pay my property taxes, even though it was part of monthly payment of {$1300.00}. They even tried to not pay my insurance. After arguing with them back and forth they then began paying the insurance, but still not the property taxes. As a result, the XXXX sued me on multiple occasions for non payment of property taxes. I explained to them that my taxes are included in my monthly payments to my mortgage company and they should have been paying the taxes but have neglected to do so. The XXXX attoney 's XXXX XXXX XXXX informed me that that was not the city 's concern and I had to pay the taxes. So, I entered an agreement with the city and paid approximately {$5000.00}? ( estimated ) over the corse of about a year and half but did not pay off the entire amount. I got a stay in payment because XXXX attorney found out that I was actually in bankruptcy. So, at that point, not only was I paying the mortgage company principal, interest, taxes and insurance in my monthly payment, The trustee was ALSO paying the mortgage company AND I was paying XXXX ( because the mortgage company refused to pay. ) For the entire 5 years, I had tried to have the mortgage company explain to me why the refuse to pay my property taxes even though I pay it every month in mortgage AND the my trustee payment covered everyhing that they claimed I owed them. I got the run around for 5 years. I XXXX of last year, Nationastar finally ( and out of the blue ) decides to pay my property tax balance. However, as of XXXX XXXX, 2015 ( mind you, I am no longer in bankruptcy, I 've paid everything and my bankruptcy is officially discharged, and I 've made every monthly mortgage payment to date ). All of a sudden, as of XXXX XXXX, 2015, NationaStar has decided to raise my mortgage by {$540.00}. So now, instead of paying {$1300.00}, They now say my monthy payment is {$1800.00}. They have given no reason why they 've raised it. I am on a fixed rate mortgage and has always been on a fixed rate mortgage since bankruptcy and Nationstar has decided to raise it because they can. Everytime I call to speak with them, they are rude, hostile and sometimes even hang up the phone. PLEASE HELP ME.
Company Response:
State: PA
Zip: 19116
Submitted Via: Web
Date Sent: 2015-05-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No