Struggling to pay mortgage

Posted on Posted in Complaints, Mortgage

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To whom this may concern. I have asked for your help in the past and you absolutely did but I continue to have a big problem with our mortgage servicer, Nationstar.

In XXXX we had a sale date of XXXX ; because of your intervention the sale date was postponed and ultimately cancelled. After continuous paperwork and submitting a financial package a modification was approved and my 1st payment was supposed to begin in XX/XX/XXXX . I made my 1st pa yment and 2 days before my 2nd w as due I received a letter stating that my modification paperwork had not been signed and dated on one of the pages. They were going to send me the page that they said was incorrect and told me to not make my 2nd p ayment until they had the documentation they needed to proceed. When I received the page, I signed and dated it and sent in back to them.

The next time I heard from them, they informed me that the modification was no longer valid because the payments had not been paid and there was a glitch in the paperwork. They said I needed to begin the process again so I sent them a complete financial package again ( RMA Package ) and waited for them to process the paperwork through their Underwriting Dept.

Soon after I received a Notice of Sale for the date of XX/XX/XXXX . When I called them up to inquire about the sale date I was told that there must be some mistake because my modification package was still in review. They were going to check into it and get back to me and assured me that it would get straightened out. 1024.41 ( b ) Receipt o f Loss Mitigation application – A servicer shall exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application.

About 10 days after that conversation I received another letter stating that the sale date had been moved to XX/XX/XXXX instead of XX/XX/XXXX . I immediately called them to find out what was going on and told them that I was in review for a modification. They told me that the Underwriting Dept. needed a minimum of 37 days to review a homeowner for a modification so there wasnt enough time to modify the loan. Are you kidding me??? There was plenty of time to review until they moved the sale date up 30 days!!! Violation of The Real Estate Settlement Procedures Act ( Regulation X ) 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to protect mortgage borrowers from costly surprises and runarounds by their servicers.

They now tell me there is nothing they can do to postpone the sale date or modify the loan. Nationstar continues to violate the Dodd-Frank Consumer Protection Act . They have dual-tracked my mortgage while avoiding an opportunity to work out something rather than foreclosure for us. 1024.41 ( g ) Dual Tracking is prohibited. Servicers can not start a foreclosure proceeding if a borrower has already submitted a complete application for a loan modification or other alternative to foreclosure. CFPBs mortgage servicing rules ensure that borrowers in trouble get a fair process to avoid foreclosure, borrowers shouldnt be surprised by the start of a foreclosure proceeding until they have had time to explore all available options.

Please help us again with this egregious, unlawful attempt by Nationstar to take our home that we love. The sale date is XX/XX/XXXX , PLEASE HELP!!!

XXXX XXXX & XXXX XXXX

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