Nationstar Mortgage and/or XXXX ( XXXX ) servicing violations.
1. DUAL TRACKED FORCLOSURE : Violated CA Homeowners Bill of Rights. NSM only allowed HAMP but did nothing but re-ask same questions with new dates or excuses why did n’t get our documents which evidence shows received. Other programs, such as Keep Your Home CA and HARP, NSM refused to cooperate. Past several years, we ‘ve endured continious financial audits from NSM and not once NSM ever formally accepted or denied our repeating applications in writing/print on NSM letterhead and certified mail signature acceptance that we ‘ve EVER received that correspondence. We proactively signed and sent, certified mail with signed by NSM received confirmation, a form document included sent to us in our monthly NSM statement prohibiting by law NSM to shirk that responsibility to another affiliate should they decide to do so.
2. NSM LIED TWICE TO CFPB : Case # XXXX and case # XXXX, instead of replying back what promised within deadlines, NSM transferred ownership of our loan from ” Nationstar Mortgage , LLC, the Servicer of the referenced loan on behalf of ” XXXX XXXX. as Trustee for XXXX XXXX XXXX XXXX Mortgage Pass-Through Certificates Series XXXX ”, the Creditor to whom the debt is owned ” with a new entity, XXXX ( XXXX ), created by XXXX, the law firm acting as Trustee, and filed a NOD – Notice of Default the same day.
3. REQUESTED WIRING INSTRUCTIONS REFUSED : To reinstate loan current status, NSM repeatedly would not give in writing wiring instructions even though husband requested having XXXX with his XXXX. Wife only got verbal instructions but NSM always committed on not giving us title required. Had NSM rep. on speaker phone and another had our bank ‘s rep., XXXX, listening. XXXX said NSM was lying to us when NSM rep. said, ” That we did n’t need the title to do a wire transfer ”, as well when we asked to escalate to a supervisor, that ” All were out to lunch. ” Subsequently, these actions ( repeated results with several conversations with other NSM reps ) took us an additional 10 days to complete our wire transfer — just 3 days until the Trustee Sale Date. We contacted other banks which one gave us NSM tech support phone number for wiring instructions and finally completed transfer keeping our home. NSM tech wondered how we got their number?
4. PRINCIPAL PRE-PAYMENTS NOT ALLOWED : Even NSM statements say we may prepay principal at any time. Husband made XXXX phone calls for instructions, sent EFT ( how we pay all our other bills past 20 years successfully ), and ours with them showed transfer we did from our bank to NSM, where it floated around in the NSM system about a week then credited back to our bank account. Later, after we forced NSM to investigate, they wrote back saying they could n’t find anything even though we tracked our end, evidenced from bank statements, complete round trip! Bottom line, NSM wo n’t recognize principal prepayments. Instead, fraudulent late fees — which were to get paid first — per NSM policy on reverse of first page NSM monthly statement.
5. PROMISSORY NOTE BREACHED. During forclosure period, NSM, breached Promissory Note giving incorrect financial information per NSM monthly statements. This a federal violation of fiduciary responsibility, told us by lawyers. For years, we ‘ve argued with NSM that we were on an Interest Only loan that should have reset to 20 year 5.125 % APR in XXXX 2015. NSM never acknowledged until 14 days before our scheduled Trustee Date of Sale, XXXX 2015. Addidional burden deciding if could afford our home without knowing monthly payments after reset since we always told by NSM ” the payment we were being billed for was amortized and included the interest AND principal. ”