Mr. Cooper’s earns a 4.2-star rating from 1572 reviews, showing that the majority of homeowners are very satisfied with mortgage services.
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robo calling
Nationstar will robo call customers on the 4th or 5th of every month, even with customers that have never been late!
This is a very unprofessional company that is in a much lower class than other other mortgage companies. Unfortunately they are my current mortgage servicer since my mortgage was purchased from the professionals at bank of america.
Most professional banks and mortgage companies will allow until the 15th, 16, or 17th of the month before they commence with notifications of late payments. Nationstar has robo called my cell phone as early as the 4th of the month and will vigorously call multiple times per day. This company originated as a debt collections company, but unfortunately is not aware that customers actually do exist that are not delinquents. Having never missed a payment since they purchased my loan from bank of america, they execute robo calling starting on the 4th of every month makes them a very sub par company. I can not wait for my re-finance process to complete (With a different lender of course) so I can move onto a different servicer. They are the worst.
The complaint has been investigated and resolved to the customer’s satisfaction.
crooks
Laid off in oct 2009, unemployed for 1-1/2 yrs. Tried to get loan modification. Took 1 yr for them to even start the process, even though all paperwork they requested was sent. Last year gave me 6 months deferred pay'ts at reduced amount. Paid all 6 payments over amount requested. Found out this year that they didn't defer any of the payments, did not modify & charged me late fees. Tried again to get modified at the end of 2011, assured me that if I made 3 monthly reduced payments that I was already approved to be modified. Paid payts still no modification & I am now according to them 9 months behind & they are talking foreclosure. Customer service is terrible, they are rude, do not as a rule know what they are talking about. Specialist that gets assigned to your case will not return calls. Loan is due to be paid off as of may 2012. Went to lewisville to talk to someone anyone, they refused to talk to me, could not give me a pay off amount. Called last week so I could wire money to them to pay off (Borrowed $) won't tell me an exact amount. Wired money friday, they have as of this am, not posted to account. No clue if my loan is paid off or if they are going to add more bogus charges to account.
The complaint has been investigated and resolved to the customer’s satisfaction.
Why are we allowing this Company to continue with this disgusting behavior as consumers we are all familiar with Lawsuit and Class Action is needed here
Purchased home in Florida 12/2006 with Suntrust. Suntrust then sold the mortgage to Nationstar mortgage company. Our income decreased back in spring 2011, actually more than once, so I contacted Nationstar to propose a mortgage modification but they would not help at all citing since we were then current on our payments they would do nothing. We stopped paying our mortgage spring of 2011 and retained a law firm in Florida after nationstar sent modification paperwork, which I completed and returned, that they later claimed to have never received the modification package.Have stayed in our home without making a payment for over two years now but recently a final judgement was issued stating the house will be auctioned 12/2/13. We made an effort to work things out but Nationstar pretended to be willing to help but never came through because mortgage companies really do not want to help out honest working class people especially when our government makes sure they get their monies anyway. We had an option to go to court to continue fighting the foreclosure however even if we won the case nationstar could refile for foreclosure at a later time so we just gave up. Florida is a recourse state so if nationstar comes after us for the remaining balance we will have no choice but to file bankruptcy. Little people never win!
I've just received a notice from Nationstar with a Mortgage increase. Basically, when my mortgage was sold from Citibank, Nationstar added PMI on top of my mortgage, increasing it to about 300.00 more. I knew for sure that I was paying it with Citibank, I even scanned it and included it with my letters to Nationstar, Federal Trade Commission, and The Attorney General. If you own a Co-op, you are not supposed to pay an escrow in NYS. In any event, Nationstar is supposed to send me a letter that I am supposed to sign and return for a REFUND OF ALL MY ESCROW WITH INTEREST! Also, If you are black or hispanic, you should have received a settlement letter from Citibank for over charges. Call [protected] or [protected]. This the law firm that sent me the letter, but they won't pick up the phone. Let everyone on Facebook, and Twitter know that Nationstar is a predatory lender and request that your mortgage be re-analyzed. Also, if you own a co-op, ask for a escrow refund and Let's sue these ###. We are smart consumers.
E Williams
www.amazon.com/shops/bundlemania
My mortgage just tranfer to NATION STAR, when I want to make a payment the did not want to accept. Let see what happen
unfair business practices
I have been dealing with Nationstar Mortgage for two months. They consistently delay paper work, they lie about receiving paper work. I have documentation of
5 FAX's that I have sent to Nationstar. Either their employees are illiterate, lazy, or being told to use delay tactics so that they can deny the loan after 3 months. They are my current home lender because they bought my loan from BofA. They do not return phone calls, their supervisors refuse to come to phone and deal with any issues. They accepted buy out money from the tax payers and then refuse to use any of it to help the ones who bailed them out. In approximately 2 weeks time I will be denied do their incompetence. Then I will be forced to begin a law suit against them and their employee Amber Leeann Holligan ID# 71166.
The complaint has been investigated and resolved to the customer’s satisfaction.
Look out anyone who deals with this company. I tried to refinance with them and was denied yet it is not uncommon if you are within the grace period that they call you as many as six times a day. This is the worst mortgage company out there how did they ever get bailout money we should as a nation get to choose which companies get help based on how they treat their consumers.
collection calls to neighbors
Nationstar mortgage called me at home on a registered do not call phone to ask me to deliver their collections message to a neighbor. This is a very questionable practice, in very poor taste, a violation of privacy and illegal for calling a registered phone number. Shame on you, nationstar. Hire better collections management.
The complaint has been investigated and resolved to the customer’s satisfaction.
That's impossible even with skip trace if you have never been associated with your neighbor or if they do not use you as a contact party. There is no way to obtain your phone number by being their neighbor. Hope this helps.
modification
Nationstar oversees Horizon-their foreclosure practices are dismal. I fell on hard times and been trying for modification for three years and cooperated with all paperwork. Time elapsed and all my all paperwork disappeared-they have all the excuses in the book and also was told 3xs that my file expired-how does your file expired with all the paperwork? I have a good one for you-once they led me believe that my modification was almost complete and the last step was to have a broker come to my home to take pics. Boy was i elated-i found out that those pics were going to be distributed on a investor website selling my home from underneath my feet and displacing my family out in the street. I have no respect for this kind of action and where are my rights as a homeowner. The sad part is that they the bank have been bailed out time and time again and my home has changed mortgages 7 times in the last 8 years so in reality the banks have raked in obscene profits on the buying and selling end! In closing; i am currently on my fifth mod try and also the countless times going to the court house in trying to keep my home. The solution is very simple-stop jerking me around and give an opportunity in keeping my home so you can get paid! Any solutions?
The complaint has been investigated and resolved to the customer’s satisfaction.
Another Greedy crooked lender! These guys bought our loan previously held by Horizon. We were told that we were approved for the modification process through the new HARP. From the start we were transparent about the difficulties we had in the past due to our home being rural and an "alternative" structure. They assured us this was not an issue. After several months, paying out of pocket for an appraisal, and several phone calls/emails attempting to contact them after the appraisal (about three weeks worth of time that they evaded our attempts to get an update from them) they finally called us back and told us they denied the loan. At first we got a B.S. reason as to why. Then I called and called to get a "live" person who I could talk to about the terms of the denial. After reaching a higher up "Mortgage Professional" (that is what their job description was) I got the truth only after explaining to them I had worked in the industry before and - I wanted the truth about the denial. Basically, I was told that they do not lend to "alternative" home structures and often do not lend to very rural properties because Fannie Mae's system does not often list values on those types of homes. Therefore, any appraisal that is done on the home will not be considered by the underwriters. I demanded a refund of the appraisal! I got it! Now I am going to do everything in my power to work with another lender! They hold our current loan and they won't even refi with us - unreal! I hope this helps others who may be in a similar situation. Don't use this company if you have rural property or an alternative home - no matter how many times they assure you the loan modification will go through - it won't! It will be a waste of your time and money if you pursue it.
My husband was in a serve accident from work.. Almost losing his leg from a auto accident.. He was off for 10 months. Just going back to work in November 2012.. We have been both working with Nationstar Mortgage for a modification on our loan..
They are the worst ever.. Why don't they have real people on the phone instead of a stupid computer.. I have been over worked and trying to make our loan payments.. If you have workmen's comp., forget they take for ever to pay anything.. We sent all the paper work and hardship letter.., well were is the help they say.. NOT... If any one knows a good lawyer that doesn't charge alot
and works with people not for profit.. Help! so where is the help that everyone say is out there NOT!
Karhleen..
any info on the help email katmink40@yahoo.com
Oh no! what was the out come of this? my mortgage was just switch to this company as of today and I was in the middle of doing a modification with my last bank but now im really nervous!
harassment
These people are unreal with the harassing phone calls. I have never missed a mortgage payment or been late beyond thee 17the. Unfortunately my mortgage was sold to theem from Bank of America. From thee frying pan into thee fire. My mortgage is due in thee 1st of each monthe. It is considered late on thee 17the of thee monthe. If theey do not receive thee payment on or before thee 1st, theey will harass you everyday until theey receive payment. They will call you 5 times a day and more. The people you talk to have no idea what is going on withe each otheer. They blame thee problems on thee otheer departments. Even when you pay theem, it will not clear internally for some reason anywhere from 1 to 3 days. These people you talk to on thee phone will tell you it has not cleared theere department yet. I believe thee only way theat theey can get mortgages is by buying theem therough otheer lenders. Because I can not see anybody using theem on theeir own. Good luck if you use theem.
The complaint has been investigated and resolved to the customer’s satisfaction.
Nationstar morgage company has gone back and forth on that the Obama program is going save my home. But then I am getting letters from Nationstar that my house will be going into forclosuer on Nov 4, 2009. I have called this morgage company over and over about these letters and the people at Nationstar keep telling me to ignore them.
I am not getting anywhere and I am afraid that my family and I will be in the street right before the holidays. I looked up the complaints on this morgage company here recently and found many more people in my shoes and stating that they too were told to ignore the letters and found themselves out in the street. I don't have the money for an attorney and I am so stressed out on not knowing what my future holds for my family.
In May of 2010 we sold our home. First Horizon Mortgage Co. held the mortgage. Although it was a short sale, the sale was approved, the deed transferred and all was well (we thought). First Horizon apparently sold our mortgage information (AFTER the sale of our property) to Nationstar Mortgage who has been harassing us since June 2010 to make our mortgage payments, pay the property taxes, insure and avoid foreclosure on a home WE NO LONGER OWN. Despite making phone calls bi-monthly and sending 30+ page faxes (which include the escrow closing papers) to every department at Nationstar for which we have a fax number, we continue to recieve this harassment. They will admit that "First Horizon sold us several old loans which had been closed", but 6 months later nothing has been resolved. And there's more...since we "have not proven that we carry insurance on the home" (which we don't own) Nationstar has taken out insurance FOR us, the annual payment of which is $3, 600.+ WE INSURED THE HOME WHILE LIVING THERE FOR $360. YEAR ...WHAT A SCAM if they're doing the same for others WITH Nationstar loans.
Nationstar is a Crook and Blood Sucker.
NationStar is a Crook and blood sucker. That's all I can say about them.
and the $10, 000 we gave them was because they said we defaulted on our agreement with the Making Homes Affordable and had to pay a ton of fees, we were only a few months behind...I think I should of gotten a lawyer but my pride got the best of me and I just gave them all of my 401K that I had available to get out as a loan.
After giving them nearly $10, 000.00 to get out of foreclosure we started receiving harrassing phone calls the very next day stating we were a month and a half behind and we had 15 days to get current. After giving them that kind of money we thought we had a month to recoop a months payment but no...within weeks they sent foreclosure notice again. Called to get a workout resolution and they would not help us, said we hadn't paid our taxes in a year...but we escrow our taxes inot our payment so we couldn't figure out why part of the $10, 000 we gave them didn't cover the taxes. So now several months later to no avail we are about to lose our home. We actually only owe them $6600 since they have not taken any payments from us but in order to consider us current they want $9200.00 - why are these people still in business? We have tried to give them money but they will not work with us...sad that we want to make our mortgage payment and we got sold off to a company who isn't willing to accept it.
I just sent them a letter directing no further contact under the Fair Debt Collection Practices Act for the same thing. Harassing calls claiming the mortgage is past due when, as you say, it is not. No human being at the number they leave; just press 4; press 2 hell.Costs them nothing to robo-call everybody and harass them into submission.
Sintia,
Go to the link below:
http://www.loansafe.org/forum/loan-modification/index2.html
many homeowners share knowledges, tips and tricks with mod. not necessarily with Nationstar .. but you can gain knowledge.
OFC
I got sold in 2008 to Nationstar, who I never even heard of and I'm sorry I ever did. It' s been nothing but a ongoing nightmare since Feb 2008. Their title company was to cut a check per my closing for the 1st half of my house taxes. Nationstar was to pay the 2nd half. But Fiserv(the title co.) sent the wrong amount and it got kicked back. They said nothing and did nothing. When Nationstar tried to pay the 2nd half it got kicked back because the first half was never paid. Now neither company said nothing and did nothing. In August 2008 I got a letter from the town my taxes were deliquent and a lein was being placed on my property in Sept.2008. I took an entire day off from work and spent it on the phone between Nationstar, the Town, the County and Fiserv. I found out Fiserv still had the check it had never been cashed. I was in contact with Jeffrey of Nationstar Escrow. I told him Fiserv had the check, gave him the contact there I had spoken too and the check number. He said it would be taken care of, no problem. A few weeks later I called the town, they said everything was paid and there was no lien. Everythings good right? WRONG! It seems Jeffery and Nationstar took out an advance of money from First American (who holds the escrow monies). They took basically an unauthorized loan on my mortgage for $7000.00 in Aug 2008. I found this out 8 months later in April 2009. How? I had just made the April payment online. My account appeared perfectly normal on the statements. There was no inkling of what they had done until I received a letter on April 6, 2009 that my next payment (in 3 weeks for May 2009) would be an additional $700.00 a month to payback the advance they took out 8 months earlier to cover the tax money they lost. I went NUTS. That was Saturday and all was closed. Again Monday I took off from work and called them. Needless to say, they told me they would file a dispute it could take 30 day...then 90 days... it has now passed 6 months and they still have not gotten back a single dime of my money. I have been working with a woman named Theresa Pointer in Escrow, but she has suddenly disappeared in the last month (they said she's been out sick). Now I have Tom in Escrow and Fiserv contacts with the Research Department of Randy Foyer and Kathy Kinkerk. Not only can they not get the money back from Fiserv (I even sent them an entire packet of papers certified registered mail w/signature required) with a copy of the page from my mortgage that shows what should have happened, but they themselves cannot find the money they should be holding for what should have been the second half of the taxes. But they said "Don't worry about that yet, we have to get the Fiserv money back first." The original tax bill and what they ended up paying, of course, were different amounts because of the interest and penalties that accrued after they paid it also. I have refused to pay them ANY of the extra amount since May, because I believe they are thieves and con-artists and I will not pay on money for an unauthorized loan they took out because they are incompetent. So now they keep saying my payments are behind, they put each payment into a holding account until it adds up to what they want it to be. I call them 3-4 times a week. They call me 2-3 times A DAY 7 DAYS A WEEK. They send me threatening letters about foreclosure, and remodification of my loan. I get phone calls from all these departments- Customer Service, Collections, Foreclosure, Research and Escrow. I am on the automatic dialer so they call me everyday including Saturday and Sunday when they are closed, besides the live operators. It starts at 8 am and goes till 9 pm. This for the last 5 months.. They threaten me constantly. I even had a supervisor hang up on me during one phone call because of my attitude toward her (this was on a third phone call of one day from them after about 4 months of this crap) She didn't like my tone or attitude and wouldn't be spoken to "in that manner" and when and if I calmed down and adjusted my attitude I could call back to speak to them..with that she hung up on me. So 6 months and still waiting for them to find my money...it's the worst nightmare scenario. I would never have imagined this happening to me. All my bills are paid on time..but my credit is now in the CRAPPER because of this..because, of course, they are report me as being deliquent to the credit bureaus. I cannot even refinance through another bank just to get away from them because of all the damage they have done to my credit. I can't sleep and have nightmares, I don't know what to do anymore. :(
(hamp) fraud
My parents lost their home of the last 18 years, because Nationstar sold their home while they awaited an answer regarding their HAMP application, without any prior notification, they did not know their home had been sold until October 2011. That's when they started receiving notices and phone calls from several different companies, all claiming to be the new owners, one even claimed to be holding their deed in his hand at that very moment. We immediately looked on-line to see if this could be true and low and behold, the deed was still in their name, and said nothing about anyone else. We figured out what had happened, though later on, Nationstar representatives had told my parents that in order for the HAMP program to work for them they would have to be a couple of months behind on the mortgage. They did as they were advised and it was then that Nationstar decided to sell their home (they were only 2 years from paying off) to Arcadian Investments. So no they were not getting HAMP, and if they wanted to stay they would have to "PAY RENT" to live in their own home. So now my parents, who worked so hard for their home, live in a tiny little single wide in a shabby 55+ mobile home park. And I am left with the question... "How is it that the supposedly helpful HAMP program is being used as a tool for defrauding people out of their homes" ? They are literally stealing and the new owners have received stolen property, this is, in my opinion... A CRIME AND THEY SHOULD BE HELD ACCOUNTABLE !
The complaint has been investigated and resolved to the customer’s satisfaction.
mortgage thiefs
They are absolute crooks & have been stealing my mortgage payments for almost a year now. My payments are automactily deducted from my checking account on the due date every month. I have every receipt where they have taken my money out of my checking account yet they have not applied any of the money to my account. I have tried to refinance the house but Nationstar tells the bank that I am not current on my payments even though they have taken the money out of my checking. This is the most frustrating situation, I have never been late on a single payment in 17 years but because of them my credit has been ruined!They are the worstt kind of scam artist trying to steal peoples homes.
The complaint has been investigated and resolved to the customer’s satisfaction.
This same thing is happening to me now. I've been through twice in six months. I have an automatic payment go out every month. They have "lost" at least two payments and every payment they have credited me for has been in an odd (lower) amount. They have now begun to deduct odd amounts and are saying I'm behind, when my verified bank statements prove that I've been on time every month. Does anyone know how I can get throught to these crooks?
worst servicer out there
Just an update on my personal situation with them. I stopped making my payments to them last September. They have not been able to prove to me that they are nothing more than a servicer on a mortgage that was transfered. Talked to my attorney. Told me to walk away from my home. My payments are $705 a month. Tried to get a loan mod, would only lower it $50 a month. Now they send me notices every two weeks, trying to get me to hand over my keys for $3000 cash or $7, 500 cash. Oh and get this, last week I got another notice telling me I could get the loan modification. What a joke. I have been dealing with these idiots for 2 years now. No online access, no statements, no coupons, just give us money but yet they never recorded my mortgage with the county in which I reside and from what I've been told that is illegal, they can't foreclose. Here in Michigan it takes two years, so I will wait, not pay a dime, and when they finally kick me out take my money and run and rent somewhere. This company is a joke, and yes they are rude, ignorant and you never get the same answer twice or get to talk to the same person.
The complaint has been investigated and resolved to the customer’s satisfaction.
I have now been waiting to speak to someone for 35 minutes to get a payoff. This is completely unacceptable. With no announcements or other info to tell me how long I will be waiting. I have been a customer service manager in the financial community. My reports would have been totally unacceptable for this call waiting time.
did a loan modification to reduce monthly payment due to loss of job income is much lower than before neither one of us is working, but i draw unemployment benfits but he doesn't.So thats why they were trying to help us reduce the payment by including the insurance, tax, escrow into to one account.I have the copy of the doucemt that we ordinary sign and notary.
You can't talk to the same person twice at any company. Unless that person works every day in that same queue at that same time that you call in. There is no way to transfer internally unless that specific person has an extension. Also if you dont pay your mortgage for months of course they are going to start sending notices of foreclosure if you are not getting your statements you should check to see if you have a block on your acct to where they can't send you coorespondence. Maybe your attorney did that for you. And if their agents were being rude you can definitely ask to speak to a manager. Its not against the law to foreclose on your home if your delinquent. In most states. You can read your agreement to see what your terms are that you signed for.
I won't spend more than 1 minute on this. It isn't worth my time to describe how incredibly pathetic Nationstar is. If you're reading this, you already know. If you're considering Nationstar as a lender, DO YOURSELF THE MOST WONDERFUL KINDNESS AND DON'T USE THEM FOR ANY REASON. Nationstar sucks hard!
It has been difficult to get a straight answer from Nationstar. I computed my own HELOC payoff amount and submitted the payment to Nationstar. It was accepted by Nationstar and now the account has been closed.
FILE A COMPLAINT ON NATIONSTAR NOW! This State Department is responsible for issuing them a license. They are in the process of investigating them.
Kentucky Department of Financial Institutions
http://www.kfi.ky.gov/complaint/
REPORT THEM TO THE BETTER BUSINESS BUREAU .
ENOUGH REPORTS AND THEY WILL HAVE TO START PAYING ATTENTION.
I REPORTED THEM A FEW MINUTES AGO, ,
foreclosure
I could not pay my full mortgage payment in December 2011. I sent less than half the amount because of extenuating circumstances. I called Nationstar to try and make arrangements to pay December payment. To my surprise they denied my request. I am on a very limited income but I still want to keep my home. So I paid 1619.98 for 3 months plus the amount I paid in December and I also included a 70.00 payment for Dec. for late fees. I get a call from one of their very intimidating customer service clerks. I was informed I owe them 3, 237.52 and payment is due NOW. I knew it was no use at all trying to talk to this unfriendly, unbalanced, idiot. I tried to remain calm but it was no use. I do not have 3, 237.52 and I will not have this amount any time soon. I guess Nationstar wants this house in the worst way. This is a very dishonest and treacherous mortgage company. I will not have a home very soon and I don't know what I am going to do. Nationstar will not post my 5, 479.94, it's like I just gave them money for nothing. Foreclosure is a terrible thing to happen to anyone. Please, anyone who may read this. Stay away from Nationstar Mortgage!
The complaint has been investigated and resolved to the customer’s satisfaction.
foreclosure issues
They have got to be the worst out there. Have been trying since last fall to get a loan modification with them when our work hours got cut. They keep saying we make too much money to qualify, are they nuts? All we wanted was temporary relief to help us get back on our feet financially and they insisted we fill out paperwork for loan modification for the life of the loan. Kept saying we were "missing paperwork". Unwilling to try and help us out, very rude when you try to explain your situation. Now, without any notice, they say they have started foreclosure. Anyone else out there having these issues?
The complaint has been investigated and resolved to the customer’s satisfaction.
I was foreclosed on 4 months ago and am still living in my home.Iif you are in foreclosure you should visit icansuemylender.com or you can contact them at [protected]
I have had very good luck with Nationstar. I complete loan modifications all over the US and Nationstar not only has nice Account Managers...but they do issue approvals! Just thank the almighty above you are NOT with Wells Fargo or B of A...then I would AGREE!
Yes agree! Been there back and forth with them...
1-DO NOT fax to them, request and email address only!
2-start with http://www.makinghomeaffordable.gov/pages/default.aspx
going thru this helps make it legit that the mortgage company HAS to comply to!
Stand your ground, because it is your home and your hard earned money! If they say they want to move one or more of your monthly payments to the end of the loan let them, but make sure they do not mess with your interest rate unless they are decreasing it ONLY! Any points ...bargin to get those OFF the loan also! Watch everything you are signing and that it what was discussed and agreed upon!
Our modifications with them in usually took 2 to 4 weeks to complete. If not getting answers ASK for a supervisor or manager...get direct line phone numbers from your contacts. No main number with extensions! Be persistant and don't expect them to call back on time, but some will, but BUG the heck out of them! Good luck and hopefully your outcome will be a favorable one!
hamp non compliance
Raising money for increasing litigation costs?
http://blogs.wsj.com/deals/2012/02/24/mortgage-servicing-firm-nationstar-lowers-ipo-expectations/
http://online.wsj.com/article/SB10001424052970204653604577250960172710468.html
VERIFIED COMPLAINT FOR WRONGFUL FORECLOSURE
AND JURY DEMAND
Introduction: This complaint alleges inter alia that Nationstar Mortgage wrongfully foreclosed on real property commonly known as 81 Greystone Trial, Black Hawk, Colorado, 80422. Specifically, Nationstar repeatedly and falsely told Plaintiff that his loan modification was either in-process or had been approved, failed to inform plaintiff that his loan-modification application had been denied, and that this failure prevents plaintiff from exercising legal rights, including but not limited to, Chapter 13 bankruptcy, that would have allowed him to retain title to his home, which he largely built with his own hands.
Plaintiff, Keith Cabaniss, pro se, for his complaint against Nationstar Mortgage, swears and affirms that:
1. Defendant, Nationstar Mortgage, is a national mortgage lender that has transacted business in the state of Colorado.
2. Plaintiff, Keith Cabaniss, is an individual who resides in, and previously owned and occupied real property located in Gilpin County, Colorado.
3. The real property that Cabaniss previously owned has a common street address of 81 Greystone Trail, Black Hawk, Colorado, 80422 (the “Home”).
4. The Home is known as parcel no. [protected], in the public records of Gilpin County, Colorado.
5. The legal description of the Home is:
S: 3 T: 2S R: 72W Subd: LA CHULA VISTA RANCH Block: 002 Lot: 013A & IMPS A TRACT OF LAND CREATED BY BLE 04-09 RECPT #122305 & CORRECTED BY BLE 04-09A RECPT #124137 FORMERLY KNOWN AS BLK 2 LOT 13 & EAST 1/2 OF LOT 18.
6. Cabaniss was the first owner of the Home.
7. The Home is located in the mountains of Gilpin County, Colorado.
8. The Home has a unique and spectacular view of the Continental Divide and Longs Peak.
9. Cabaniss designed the Home, and largely built and finished it with his own hands.
10. Cabaniss purchased the land on which the Home resides in November, 2003; built the home from July 2004 through January 2007; and completed its interior and first occupied the Home in January 2007.
11. On May 25, 2007, Cabainss signed a promissory note to Nationstar for the amount of $230, 431.01 (the “Note”).
12. The Note was secured by a Deed of Trust on the Home.
13. Nationstar filed an action on January 17, 2008, to recover title to the Home by having the Gilpin County Public Trustee conduct a public sale of the Home (the “Foreclosure”).
14. On information and belief, Nationstar did not own the Note or hold the corresponding Deed of Trust when it filed the Foreclosure.
15. On information and belief, Nationstar sold the Note and had previously assigned the Note and/or the corresponding Deed of Trust at the time when it filed the Foreclosure and thereafter.
16. On information and belief, Nationstar acted only as the servicer of the Note, i.e. Nationstar did not own the Note, but contracted with the Note’s owner to administer the Note, including to collect payments made on the Note.
17. From January 2008, when Nationstar filed the Foreclosure, through mid-February 2010, Nationstar consistently and repeatedly postponed the sale date in the Foreclosure action.
18. Cabaniss entered the Streamlined Modification Program Loan Workout Plan (“SMP”) February 19, 2009.
19. Nationstar’s agent, Vessia, told Cabaniss on February 27, 2009, that his SMP modification had been approved.
20. Cabaniss made one payment under the SMP.
21. Thereafter, Nationstar called Cabaniss and informed him that SMP had been cancelled, and Cabaniss would instead enter a Trial Period Plan under the Home Affordable Modification Program (“HAMP”).
22. Cabaniss entered HAMP in August 2009.
23. HAMP requires that applicants complete a three month trial period by making the payments that would be required under a proposed modified loan terms. If a HAMP participant makes these required trial-period payments, the participant’s loan may be modified to reflect the trial-period’s payment terms.
24. Cabaniss timely made his August and September payments under HAMP.
25. Cabaniss pre-paid his October HAMP payment with his September payment.
26. In September of 2009, Cabaniss called Nationstar to ensure that it had received his August, September, and October HAMP payments.
27. By timely making his August, September, and October payments to Nationstar, Cabaniss successfully completed the HAMP trial period.
28. Assuming that Cabaniss met other HAMP program requirements, Cabaniss’ successful completion of the HAMP trial period entitled him to have his loan modified in accordance with the trial-period payment terms.
29. Nationstar confirmed to Cabainss that (a) it had received his August, September, and October HAMP payments; and (b) it was sending his plan to another Nationstar department to draft new loan documents for Cabaniss’ new and modified HAMP loan.
30. Cabaniss’ HAMP loan-modification application was denied on or about Septmber 28, 2009.
31. On or shortly after Cabaniss’ HAMP application was denied, Nationstar knew that Cabaniss’ HAMP application had been denied.
32. Nationstar did not notify Cabaniss that his HAMP application had been denied.
33. Nationstar was required to notify Cabaniss that his Hamp application had been denied.
34. Cabaniss did not receive new HAMP loan documents from Nationstar.
35. Cabaniss did not make further payments to Nationstar while he was waiting to receive his new HAMP loan documents.
36. Nationstar consistently told Cabaniss that his new, modified, HAMP loan documents were in progress. The communications between Cabaniss and Nationstar, include, but are not limited to the following communications:
a. Cabaniss called Nationstar on December 10, 2009, and informed it that he had not yet received any new, modified, HAMP loan documents. Nationstar informed Cabaniss that it was "still working to prepare new loan documents, could take another month."
b. Cabaniss called Nationstar again on January 26, 2010. He informed Nationstar that he still had not received the new, new, modified HAMP loan documents. Nationstar told Cabaniss that “everything is ok.”
c. At the time Nationstar made the statements in the immediately preceding paragraphs (a) and (b) to Cabaniss, Nationstar knew that these statements were false.
37. On or about four days after the January, 26, 2010, telephone conversation in which Nationstar told Cabaniss that “everything is OK, ” Nationstar set a sale date for the Foreclosure.
38. The Gilpin County Public Trustee held a Public Trustee’s sale of the Home on February 25, 2010 (the “Foreclosure Sale”).
39. February 26, 2010, was the last date on which Nationstar could schedule the Foreclose Sale without having to file a new action to request a Public Trustee Sale of the Home.
40. At the time of the Foreclosure Sale, Cabaniss had no notice that Nationstar intended to continue with the Foreclosure.
41. Prior to the Foreclosure Sale, Nationstar provided no notice to Cabaniss that Nationstar had set the Foreclosure Sale, or that Nationstar otherwise intended to proceed with the Foreclosure.
42. Cabaniss learned of the Foreclosure Sale on March 3, 2010, when he discovered a notice that Phil Heter, a Denver-based repossession/eviction processor and REO broker, that Fannie Mae now owned the Home.
43. If Cabaniss had had notice of the Foreclosure Sale, he would have been able to exercise legal rights, filing a chapter 13 bankruptcy petition, which would have allowed Cabaniss to prevent the Foreclosure Sale and keep the Home by restructuring his debts and becoming current on the restructured Note over time.
44. After Cabaniss learned of the Foreclosure sale, he again called Nationstar. On March 9, 2010, Cabaniss spoke with Thomas Brown of Nationstar. Cabaniss asked Mr. Brown to have Nationstar rescind the Foreclosure Sale because Nationstar had (a) failed to provide Cabaniss with any notice that it was proceeding with the Foreclosure Sale and (b) had made multiple misrepresentations to Cabaniss regarding the status of his HAMP modification and of his Note to Nationstar.
45. Brown and Cabaniss went through Nationstar’s records of the communications between Cabaniss and Nationstar.
46. Brown stated that Nationstar’s records of its communications with Cabaniss comported with Cabaniss’ own records of these communications, which are reflected in the preceding paragraphs of this Complaint. Brown also confirmed that Nationstar had not notified Cabaniss of the Foreclosure Sale or of that Cabaniss’ HAMP application had been denied.
47. Despite his concurrence with the facts as Cabaniss presented them, Brown and Nationstar refused to rescind the Foreclosure Sale. More specifically:
a. Cabaniss asked Brown, “What Happened?”
b. Brown responded, "Something transpired."
c. In response to further questions from Cabaniss, Brown would not reveal what transpired, refused to rescind the Foreclosure Sale, stated that he was going to terminate the telephone call, and then hung up.
48. On May 17th, Cabaniss held a conference call with Geraldo Hernandez of Nationstar and Jeff Plaine of Money Management (a HUD-certified loan counselor).
49. During this May 17th conference call, Hernandez again affirmed that:
a. Nationstar’s records of its communications comported with Cabaniss’ own records of these communications, which are reflected in the preceding paragraphs of this Complaint;
b. Nationstar did not notify Cabaniss that his HAMP loan-modification application had been denied.
c. Nationstar did not notify Cabaniss of the Foreclosure Sale date or that Nationstar was proceeding with the Foreclosure Sale.
50. On May 20, 2010, Cabaniss spoke via telephone with Chelsea Giles of Nationstar Mortgage’s legal compliance department in Dallas, TX. He asked why Nationstar proceeded with the Foreclosure Sale despite having informed Cabaniss that “everything is OK.”
a. Chelsea Giles responded that there had been a "miscommunication between [Nationstar’s] Loss Mitigation and HAMP department[s]."
b. Thereafter, Cabaniss asked Chelsea "Why am I being held accountable for miscommunication within Nationstar?"
c. Chelsea Giles responded, “There is no explanation."
First Claim for Relief
Wrongful Foreclosure
51. Cabaniss repeats and realleges all preceding paragraphs.
52. Nationstar’s Foreclosure Sale was wrongful.
53. Cabaniss has been damaged by the wrongful Foreclosure Sale.
54. As a result of the wrongful nature of the Foreclosure Sale, the Foreclosure sale should be rescinded.
Second Claim for Relief
Breach of Contract (covenant of good faith and fair dealing)
55. Cabaniss repeats and realleges all preceding paragraphs.
56. As part of the Note, Nationstar had an obligation to deal fairly and in good faith with Cabaniss in its efforts to enforce the Note.
57. Nationstar did not deal fairly and in good faith with Cabaniss in its efforts to enforce the Note.
58. Cabaniss has been damaged by Nationstar’s lack of fairness and good faith in an amount to be determined at trial.
Third Claim for Relief
Fraudulent Non-disclosure
59. Cabaniss repeats and realleges all preceding paragraphs.
60. Nationstar represented to Cabaniss that (a) his HAMP loan application was in process; (b) he would receive new loan documents from Nationstar that complied with the term of the HAMP trial period that Cabaniss had successfully completed; and (c) Cabaniss’ loan from Nationstar and the processing of his HAMP application was “OK.”
61. Nationstar’s misrepresentations detailed in paragraph 60 above are false.
62. At the time that Nationstar made the representations details in paragraph 60 above, Nationstar knew or should have known that these representations were false.
63. Nationstar made the representations detailed in paragraph 60 above with intent that Cabaniss rely on these representations.
64. Cabaniss relied on Nationstar’s misrepresentations to his detriment.
65. Cabaniss has been damaged by Nationstar’s misrepresentations and his detrimental reliance on these misrepresentations in an amount to be determined at trial.
Fourth Claim for Relief
Fraudulent Non-disclosure
66. Cabaniss repeats and realleges all preceding paragraphs.
67. Nationstar had a duty to disclose to Cabaniss all material facts that were relevant to the Foreclosure Sale before the Foreclosure Sale proceeded, including, but not limited to, the fact that the Foreclosure Sale was proceeding and that Cabaniss’ HAMP loan-modification application had been denied.
68. Nationstar failed to disclose the material facts detailed in paragraph 67 above to Cabaniss.
69. Nationstar’s failure to disclose the material facts detailed in paragraph 67 above to Cabaniss was willful and intentional.
70. Cabaniss has been damaged by Nationstar’s willful and intention non-disclosures in an amount to be determined at trial.
Jury Demand
Cabaniss demands a trial by jury.
FOR THESE REASONS, the Court should vacate the Foreclosure Sale, restore title to the Home to Cabaniss as title existed prior to the Foreclosure Sale, award Cabaniss economic and punitive damages, award Cabaniss all costs and attorney fees incurred in this action, and award Cabaniss all such further relief that the Court deems as is just, proper or appropriate.
Fortress Investment Group shorts the very mortgages its subsidiary Nationstar originates.
Nationstar Loan Trust-2007-C http://www.investorscopes.com/Nationstar-Home-Equity-Loan-Trust-2007-C/424B3/6947582.aspx
is named in the SEC lawsuit brought against Daniel Mudd http://online.wsj.com/article/SB10001424052970203718504577181500086460654.html
Nationstar needs to raise money and is planning to trade on the NYSE under symbol: NSM.
http://blogs.wsj.com/deals/2012/02/24/mortgage-servicing-firm-nationstar-lowers-ipo-expectations/
I reckon their litigation costs are starting to become trying for them.
closing document dollar amount is incorrect 2 years later
I recently received my annual escrow account disclosure statement in the mail and had a shock when I opened it. NationStar will be charging me an additional $300 starting in April on top of what I already pay a month for my mortgage over the next year because it seems that they made a price mistake on PMI on my re-fi loan which was closed back in 2010. They apologized for their mistake, but now I'm stuck with paying an additional $300 dollars a month which I cannot afford for their mistake during a refi back in 2010. Why wasn't this caught sooner? Now I owe owe owe for over a year's worth for their mistake. Is there anything I can do? Please help! fyi: The closing numbers were the numbers we settled on and are listed on the closing documents, it wasn't like they gave me a different number than what we signed for on the closing documents.
My situation mirrors the threads of complaints on this site against Nation Star. Please do not let Nation Star take your home; contact your States Attorneys Office and file a complaint. If the States Attorney Office get enough complains an investigation into Nation Star practices can be filed and possible a class action law suite. Nation Star practices are deceptive and should be review.
Take Action.
On oct.28 2006 we lost are house to a fire that I build and the insurance ok but when sent the check to the mortgage company and their forms and told them that I was rebuilding it they said you have to have a contractor which will cost me at least $30,000.00 more that I'm not willing to spend and I've all ready pulled all the permits what do I do.
If this is an FHA loan, please call the FHA resource center to confirm your MIP rate, they can look up your case by your SSN. The same thing happened to us in our most recent escrow statement, and I have figured out Nationstar is calculating the MIP using the CURRENT RATE, rather than the old rate for our loan, which is much lower. Now we have to fight them to get this corrected. Not sure how painful that will be.
You need to listen to your own auto response message.
It says that Nationstar acts as a debt collection agency. So do your own homework.
And DUH! It was sold to Nationstar. I wish they would sell it to someone else,
Maybe someone who wants to impliment Obama's Plan.
And you did not even address my Question!
NationStar is not a Collection agency. Please do your homework. NationStar is a Mortgage Company. If you loan is now with them, that means your loan was sold to them and being serviced by them.
Our mortgage was bought by Nationstar from GMAC too..I thought GMAC was bad but they are no where near as bad as Nationstar. I had to go through the MHA process 3 times before I could get approved..they kept telling me I hadn't sent in the right documents or they hadn't received them. Each time they denied me, I reapplied. In May of this year, our kitchen flooded. I received the check from the insurance company but they won't let us do self repair even though this is the kind of work my husband does. I don't want to pay all the fees for labor but what choice am I left with? This company drives me insane!
We need someone who knows how to file a class action suit against them. They denigned me Obamas MHA plan. Said I was not in foreclosure. DUH! That is why I need the plan. So I do not get there.
I am on food stamps and my credit card keeps going up because of this
payment. Just lower the interest rate on the existing LOAN.
Nationstar wants to steal your house and land... The first paper work I got from them said if I missed more than 2 payments they would start foreclosure. They even say they are a debt collection agency. Not a morgage company. My loan was sold to them by GMAC. Put them out of business...
I have been working on my MHA plan since Aug. 2010.
Nationstar morgage lost my documents. Never even
told me til I called to see how it was going. Well it is March
2011 now. After sending numerous documents, bank statement, etc.
I called. DENIGNed! Our income is half what
it was when we first bought the place. I was told the denignal
was because I was not behind on my payments. Yet I do not
make enough to refinance. Already tried. Now I am on food stamps
and credit cards. Nationstar bought out GMAC. And they are
a debt collection agencie. So even though I have never been late. I
basically feel like I am in debt collections. The first paper work I recieived from nationstar said if I was more than two month behind on payments they would start forclosure. Not only that. They send late payment notices when the payment has never been late. So much for OBAMA's PLAN. Just the
same ole run around... Has anyone ever gotten a MHA modification
that worked? I have only heard horror studys...
what i'd like to know is when is someone going to do something about this company! are they the only mortgage company on the planet not willing to give realistic modifications to their customers! let's face it thye are going to lose more by foreclosed homes as opposed to modifying current adjustable rate loans and getting paid something.
Mike,
Most states will issue a contractors license if you can demonstrate that you know what you're doing. Contact your local building inspector, I'm sure he/she can help.
Poor Business Practices and Ethics
I'm a Denver Realtor who has seen this company's dirty work with many of my clients. DO NOT DO BUSINESS WITH THESE PEOPLE. What a bunch on ignorant monkeys. Common sense and company pride goes directly out the window with this company from the highest offices (### collecting a paycheck) to the grade school dropouts that answer the phones, transferring to extensions that don't exist, lying, delaying paperwork intentionally, appraising properties far above market value to force a foreclosure on owners that attempt short sales. If you're looking for a recourse as I have against these punks, there are numerous real estate attorneys in the Denver area that have very reasonable retainer fees. Oliver Frascona is a reputable one I hear. [protected]
If anyone has information on how to join a class action on this company, please post. Thank you!
The complaint has been investigated and resolved to the customer’s satisfaction.
modification delay
I was notified back in April of 2011 that my Escrow had become negative and my mortgage payment would be increasing. I immediately called Nation star mortgage to start a modification and was told that I could not get one because I had one two years earlier with another lender. I called Fanny Mae and they saidd that they could modify my loan. After six months and several faxes of paperwork Fanny Mae had done nothing. I then called Nation star and they saidd that they would modify the loan. After several more faxes and months they agreed to a payment and I started the trial period of three months on the new payment. I called two weeks a go and asked when I would be receiving my final documents and they said shortly. I received an automated call yesterday to contact Nation star so I called them this morning and was told that they needed me to start all over with the process. Going on one year I lost it and told them that this is crazy. What is going on with Nation star Mortgage?
I have been told every year, for the past 5 years that my Escrow account is $900.00 short. I contacted Nationstar and spoke to one unprofessional person after another. The woman that I spoke to stated "It is what it is, the payment increases on your next due date, do we understand each other". I informed them that they were nothing but loan sharks, and should actually be shut down. They are the worst mortgage lender that I have ever dealt with!
bad customer service/rip offs
Vermin indeed! This company recently purchased our mortgage. In mid-January of 2012, they sent us notice that our adjustable mortgage was to increase in March of 2012. The problem lies in that they had used the wrong index to calculate this increase. On Jan 31st, 2012, I contacted them and spoke with Arlene who said that a research request would be sent and that I'd have a resolution within a week. Nearly 10 days later, on 2/8/12, I called again to check status and was told by a man named Chase that thee was no record of any request being sent for research on this matter. Then, he just repeated the steps that were taken in my 1st call to them. I pressed Chase on the matter, saying that everytime I hang up the phone with them, I risk losing 10 days with nothing being done. I was hopeful that I could get deeper than the Customer service rep to try and get some resolution, as the date of mortgage adjustment was rapidly approaching and there was no time to waste. I was refused and it was made clear to me that there was no other course of action for me to take except for waiting for the request to take it's course. Subsequent to this issue, I have discovered that Nationstar has made an error in my mortgage interest reporting to the IRS, causing me to expend as of yet unknown effort in making corrections onn that issue, as well. The mortgage adjustment error is over $100 monthly, and the IRS error appears to be in the $5, 000 range. Have filed a complaint with the Better Business Bureau and will be contacting our states attorney general.
The complaint has been investigated and resolved to the customer’s satisfaction.
With all the complaints against this company this seems usless. Bank of Ameica sold our Mortgage to Nationstar in December of 2011. First they did not pick up a November payment made to Bank of lAmerica and so charged us a penalty. I sent them a copy of the check and that fixed that. Then I went to their Dallas office and spoke to Ryan a Manager who promised to straighten things out and gave me his straight phone nummber. He was leaving town for 3 days and left me a number for Jose to call. l called Jose 3 times and he never returned my call. Three days later I called Ryan who was supposed to be back. As of today I have called him 8 times and never received a return call. I then talked to Thomas LeFluer who assured me everything had been taken care of and he would send me a breakdown of the paymets. I had previously received a breakdown and the last payment they added the principal to the note instead of subtracting. Mr LeFluer assured me this would be sraightend out and he would send me a breakdown with the corrections. That was 10 das ago and I still have had no answe. What do I do now continue to let them add the principal to the note. Who can help?
If Chase is the same Chase Scott that gave me the runaround, then you probably will not get any help from him; that goes for any other of their Customer Service Reps. I did not even begin to get any sort of satisfactory service until I directed my complaints to the new CEO, Mr. Jay Bray. Also you might want to contact Mr. Robert Appel, Executive VP of Servicing.
Jay. Bray@Nationstarmtg.com [protected]
Robert..Appel@Nationstarmtg.com [protected]
fees & rates
Had a great loan company originally through a great bank, then surprise - got hit that it was sold to this horror fest of vermin. No customer service skills, unreal fees for unknown reasons, cannot get anyone to give a consistent answer and 'because that is the way we always do it" is not a logical answer to a "why" question. This company exercise...
Read full review of Mr. Cooper and 3 commentsbad business
I fought with this company for an entire year trying to get my loan modified after it was sold to them by another company. I finally got the home modified. I had to move out because of other matters and was allowd to put the home up for short sale. After I found a buyer for the home, nationstar foreclosed on the home without informing me, and would not work with me on letting the buyer proceed. Although I was offered a deed in lieu of a foreclosure, they would not give me the necessary time to proceed with that procedure. This is the worse company I have ever worked with and I really feel sorry for anyone that gets involved with them. The government really need to do something about their business practices.
load mod scam
My husband was unemployed most of 2010. We contacted Nationstar before we fell behind on the mortgage for any helpful options. We either made too much or too little depending on the offered programs (while on unemployment which was quite a paycut). We managed to make it thru 2010 with no help from them. By September 2011 we were 60 days behind on the loan...
Read full review of Mr. Cooper and 1 commentincorrect billing
Got a bill from nationstar aug 2011 for a second mortgage on a home that we sold. Turned out that first horizon sold/transferred a loan that had been sold in feb 2008! They even acknowledged that their records indicated it had been sold. After 3 months of telephone calls, faxes and emails to nationstar including but not limited to settlement paperwork and a satisfaction of mortgage from the state of florida, I was told I needed to "provide something that proves the loan was satisfied. "
I just about lost my mind when I went back to first horizon in frustration and was informed that once they transfer the loan they cannot get involved. They also told me that along with my loan nationstar has full access to the file attached which would include the paperwork that says the house was sold!
I cannot believe this is still going on and that I am being hounded by nationstar (Who is a debt collecting mortgage company for those of you that don't know) and am considering getting a lawyer to sue them if what they are doing effects my credit.
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Mr. Cooper emailsshortsalesupport@mrcooper.com100%Confidence score: 100%Supportdevon.bevis@mrcooper.com98%Confidence score: 98%executive
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Exactly the same problem as previous complaints. Robo calling soon after the 1st of the month (most recent was the 4th), despite existence of a standard grace period in my original note. Cease and desist orders (these are court orders issued by a judge!) should not be required to stop this out and out harassment, IMHO. I will consider contacting my attorney general's office, but am unsure if this would just be wheel spinning if NationStar is playing JUST within the law somehow. No doubt they have legal counsel helping them to stay just under the radar. Please add me to the list of pissed off, not going to tolerate it any more, mortgage holders (with no late payments).
I have this same problem! My mortgage was also sold from Bank of America to them and I have always paid around the 14th due to the grace period. They've called at 8pm at night before and call every month and when I ask them not to they tell me I must send in a cease and desist letter as they don't have to honor my verbal request.
I agree! If we as the homeowner do not put a stop to this, no action will ever be taken. I intend to email my state's attorney office about this as well as the state Consumer Affairs office
I have the same problem since my mortgage was sold to them from Bank Of America. Finally last month I went off on the person after the third call within a 30 minute period. They claimed it was a 'convenience' call. I'm sorry but calling me 3 times in a 30 minute period without leaving a message is not a convenience call. I told them I wasn't late because I was allowed a 15 day grace period that they shouldn't be calling until after the 15th of the month. All the CSR could say is that my payment is due on the 1st. I told them if they call me again when I'm not late then I will contact my attorney general's office. She claimed there was nothing she could do because everyone who hadn't paid by the 1st automatically came up in the system. I still plan on contacting my attorney general's office because what they are doing is harassment on something that is not late. Anybody else who has this same problem should also contact their local attorney general's office. Enough complaints should put a stop to it!