Mr. Cooper
Reviews and Complaints

Nationstar is one of the biggest crooks out there. We started a Loan Modification with Suntrust which isn't any better.We were approved and our new payment started on 2-2-2010 and the new Interest rate of 4.375 %. We made all out payments and Suntrust took them with no complaints.I called them a few times to make sure all was well and was told it was a done deal.
In Dec of 2010 they sold our loan to Nationstar and the problems began phone calls 4 to 6 times a day saying we were late on payments and behind,
We have never been behind on any thing in our lives.They refused too honor the Loan Modification and sent me a new one they drew up changing everything uping the Interest rate and adding $10.000 to the mortgage .I have dealt with these people for 6 months and you can not believe anything they tell you. They are just down and out crooks.Something needs to be done to stop this company and get them out of business.Call any government office you can and let them know what they are doing to the people. Suffering in Florida . We told them also we are in our 70s and in poor health and they could care less. They just want your home and the hell with you.

This doesn't make sense...you signed a contract that said you would pay $"X" amount every month for "X" amount of time, but now that you cannot afford your payment, you expect the person on the other side of the table to change the contract terms? So if I get I car that I can't afford, make a few payments, then tell the car financing department, "I can't afford the payments, modify my terms/contract", the financing company is supposed to say "Okay, no big deal"? No, they repo the car and I have to get a car I can afford. I want to drive a Mercedes, but I can only afford the payment on a Kia.

I agree that nationstar has "HORRIBLE" customer service. When they first purchased my loan from another company I was informed by a single paragraph letter. For the next month I had no information about payment, where to send, nor payment coupon. Finally on a sunday afternoon i recieved a call informing me this was an attempt to collect an outstanding debt and any information obtained during this conversation would be used to do so. I could'nt believe this. well this finally got straight but january 2011, I recieved a delinquent tax notice from local county office. I started calling the escrow dept. I was informed"check sent via fed ex", and provided tracking #, but no one could inform me on confirmation of delivery. I was told however to "call fed ex" for myself. Well i called fed ex. They informed me, after investigation that the track# was generated but not packaged for pick up. No one at Nationstar knows whats going on. I have been told repeatedly, "working on it". Well here we are today Feb. 28, 2011 last day before my property goes up for sell and nationstar has'nt paid the taxes . I was also refused to speak to a supervisor because I informed the person I was recording the phone call. Are we not told that "this conversation may be monitored or recorded". WTF is wrong. I pay extra every month to an escrow account and now I may loose my home because of Nationstars screw up. This company is SUBSTANDARD!

Mark Hall
Huntsville, Alabama

My husband has been saying since they bought our loan that we are being scammed and he wants to pursue this with a lawsuit! We feel we are being grossly over charged and they keep saying our escrow account is short and we found out that our Homeowners insurance was lapsed because Nationstar never paid them! I sent emails and faxed the bill showing them it needed paid and they claim they never received it! WOW! Please feel free to email me regarding this, my husband is so anxious to speak with someone who has gone through something similar Puddinpoo2002@yahoo.com

I was an Amtrust Bank customer without ANY problems, then I have had nothing BUT problems since Nationstar took over my account. They have given me a run around each time I call, now they have not even posted a payment I made to my loan! Also watch out, they will not put the overage you give them toward Pure Principle at time of payment to you in full. They treat it as if it is a regular payment with interest deducted. HOW does one get out of this terrible companies grip. HELP lgray59@yahoo, thanks

Nationstar sucks. I told them to take the damn house but I wasn't paying them one cent. Not one. That really pissed them off. Catch me if you can a$$holes! LOL! Now you're stuck with a $210, 000 loan and a home worth $90, 000 if you're lucky! Oh, and if they threaten you with a deficiency judgement, threaten back with bankruptcy. They've got nothing on me. Who has the last laugh now! My credit is already trashed and I have no assets, so you have NO bargaining chips. Again, LOL! S*ck it Nationstar! Hahaha!

We refinanced in August 2007. We had a no-doc, 3yr arm, 9.67% loan, 85%LTV. We were told in six months we could refi again and get into a more affordable loan( lower % rate), credit score would be better, (as we are self -employed). We thought were dealing with reputable lenders, as opposed to brokers, it sounded great. 6, 7, and 8 months we made payments on time to insure are new refi, only to find out there are no programs according to Nationstar that fit our niche. After collecting docs to start some sort of negotiating w/ Nationstar I've noticed bank statements were altered. Now we are forced to put our house on the market, (good timing)I'm looking for other people that have been duped by Nationstar in hopes of some sort of class action.

NationStar Mortgage is all about getting the all mighty dollar from you and not even helping you if you need help. The Predatory Practices of this mortgage company has been going on for years and the fact if you have a mortgage with them its not going to help if you try and re fiance with them because all they are gonna do is re direct your call to everyone else in the company so they do not have to deal with you. Many a times I have had this done to me
Most mortgage companies will try and help you out and see if things will go right, But not Nation Star Mortgage, They will try and drain you for all the money they can get out of you. And when they are done draining your bank accounts and other accounts they will still come after you for more and more and more money they does not exisit. The fact my family has been going through his crap with nations star mortgage for a few years is stupid because they are trying to foreclose on my home and yes they will do the same to you as well even if you keep up your payments, they will tack on fees they are not even supposed to be there just so they can get their money and leave you without a penny to your name. And if that is not enough they would even take the clothes off your back just to make a point because they are truly a company with Predatory Practices and need to be taken down.

i am a foreclosure victim let's join and sue together [protected] george. i have a securitized ---stated income--- loan, which now i cannot qualify for a loan since there are no stated income loan mods!. house is targeted for sale. bankruptcy holding them off for a while, help! does anyone know about settlement of 5 days ago against Nationstar and 13 other banks?

i agree nation star is a scam lets all get together and file a law suit aginst the ###

My Mortgage was sold to Nationstar about 2yrs ago from Flagstar Bank. Since that time I have had several situations with this company. Most of these problems have been with taxes as I am now disabled and no longer pay taxes due to the hardship. The paperwork was properly set-up per Nationstar request of documents from all taxing authorities along with signed and notarized documents. However the escrow account which was supposed to be closed because of this documentation and per my written request was not. They have not paid taxes on my property for 2 years now. Last August I received an escrow account analysis informing me that a check was drawn from my account which was closed and that I was required to pay the $1386.00 that was sent to my city tax office. After receiving this info I informed my tax office and Nationstar of this situation. The check was intercepted by the city tax office and returned to Nationstar uncashed. To this date I have still been going thru unbelievable issues with Nationstar about these funds that are still not resolved it is November 15 and Once again I am on the phone trying to get this situation resolved...I will update with more positive info when I get some...With deepest Regret ME!

We know how hell is thanks to Nationstar Mortgage. We are dealing with tghem for about 3 years. Our original loan was with Flagstar bank, we did with them the trial for a Modification program and while we was waiting for the final step for complete the modification they sell our account to this predators. We have 3 years filling and sending papers, we inclusive paid almost 7, 000 dollars trying to save our home to a private company, but nothing happened. Three months ago they suggested to us a shortsale and we aceept we was tired to trying everything. Our house is on sale and the last friday we received a note in what they wanted that we communicate with them. When we call the stupid who didn't want to identify hios self said to us that we have to give them our original deed because they are tire of wait and they need to make bussiness with our house. And also we have to pay their lawyers and all the interest we accumulated during this 3 years. Obviously we didn't accepted that but we need help. We need that somebody tell us what we can do because they treat us like crap, been very disrespecful and played with our feelings and our future.

Hector and Angie Roche

I received notice 15 day ago my Loan as being transferred from First Horizon over to NationalStar Mortgage. Base on my research of the company I'm working to get my house refinanced by a real financial institution. I haven't received any welcome package from the company. I was able to signup on the website from the information given to me by First Horizon. However, I can't make a payment. My information is not there. I did receive a call from customer support about my payment. I inquired about my welcome packet, when the site would be update with my information. There were no answers. I told them I will call on the 30, 31 to see if they have my info then.

I am wondering if the gentleman (Pacwell I believe) defending this horrible company works for them or is in this industry to have such a callous response to hard working people losing their homes without cause. My Hubby and I have been with one company for five years and now find ourselves having to deal with Nationstar--we are heeding the warnings and getting the heck out while the getting is good barring no expense to do so.

Indeed, I cannot myself find one example of an illegitimate gripe here. Yours is the typical rethug response to any kind of victimization "you must have done somethign wrong" . Tell me oh wise and superior one how is it that forging phoney checks--unauthorized access to funds, draining bank accounts dry, shifting terms without due notice, claiming payments were not made to collect fees, not returning all important phone calls and dodging and avoiding clients... is this just business as usual to you? If so please post your real name so that if you have any kind of business I can avoid you like the plague...I mean, it is hard to live within you means if people are taking money out of your account without notice and doubling the amounts agreed upon without warning or just cause. The nightmare here is that such actions create a chain reaction of bounced checks, late payments and puts people further in the hole. I know a lot of people who work with very reputable mortgage companies=---I do not see these types of complaints or the sheer umber of them as I do here.

You have to be deaf dumb and blind to now see these people as predators...

I think a lot of you people think that Nationstar is afraid of you "walking away from your homes". When you walk away from your home you lose too. Nationstar is not a bank and they have to play by the rules of the investor on the loan YOU chose. Nationstar doesn't necessarily buy loans they acquire them because they are favored for their strategies by investors. Face it if you could afford your home then you wouldn't be asking for a modification or refinance and them be upset when your denied. The people who receive the requested help are the people who need it plain and simple. They make determinations based off the information YOU provide and the standard they are forced to follow by investors or the government. Grow up, set your priorities and stop living above your means. You certainly weren't upset when your lenders fronted you thousands or dollars to buy your home.

I agree. This company is horrible!

Nationstar did the exact same thing to me. I am now trying to contact them and that is next to impossible as I live in North Pole Alaska. I emailed them and am waiting for some form of response, I am not sending in a payment until they send me some documentation as to what account it is going to. Suntrust was wrong to sell the mortgage to these guys. So wrong. I don't know who I am more angry at. Suntrust after 10 years of never being late on a payment you sell my mortgage to Nationstar? Who the hell is Nationstar? And if I wanted to do business with Nationstar then I would of applied for a loan through them..not SunTrust.

Why didn't you just wait to send your payment? When a Nationstar takes over a loan they do not assess late charges nor do they report to the credit bureau for sixty days. This is because they know that things get confusing during the transition period. Now that you've sent the payment using the Citi account number you'll probably be told to send in proof of payment since they won't where to apply the funds. I'd get ready with a front and back copy of that check you sent if I were you...

i am in the same boat
nationstar has STILL not sent me a statement for november
in order to pay online or over the phone they charge a fee!
something has to be done about them
wish i could talk to you guys
post back here if you want to get in touch and decide what to do

we recieved the same letter here :( not happy

Your loan has been sold to a debt collector who ALWAYS operates outside the law. Send them a certified letter registered return receipt and tell them you need to know where to send your mortgage payment. If they do not comply, sue them.
www.challengingforeclosure.com

For the last 3 months there have been problems getting payments to Nationstar through Money Grams. The property is located in Oakfield, Me. We did not ask for Nationstar to be our Mortgage co. Bank of America sold our mortgage to them. There have been nothing but problems with them. Not paying insurance payments on time. Payments not being posted. Now they will not take a check from us. They don't have access to take a Debit card, what kind of financial institution does that.
William Wright
angelannabella@hotmail.com

We live in Tn can we get in on the class action suit ? Nationstar is ripping us off too.

They Have Asked us to sign over the check and give it to then we denied until modification was done! We are 1 year and a half away and still no modification so we never sent them the check still waiting ! We have a class action lawsuit for the same kind of problem please Email Me at jerrycaggia@gmail.com to join in this law suit! Nation star is owned by some bad people who just want to hit you with all these fees and try to make you owe them all this money instead of modifying the home and getting payments rolling again! NAtion Star dose have alot of Bad Practices and this company wants to suck the blood out of people so lets all fight back and sue in a class action law suit

If you don't want to deal with foreclosure or modifications, don't fall behind on payments, a bad economy only reveals poor stewardship, people who live above their means and latter can't afford them. Don't be mad at the mod team for your bad situation. I've experienced great customer service.

We agree,

We were working on a modification that was signed and faxed back with the originals fed ex'd back to NationStar. WE then received foreclosure papers and the sale was not stopped. So our home is now foreclosed on and we would like to know if that's even legal!

My experience with Nationstar is familiar to yours.

I am litigating.

GILPIN COUNTY DISTRICT COURT
2960 Dory Hill Road - Suite 200.
Black Hawk, Colorado 80422

Plaintiff: Keith Cabaniss

Defendants: Nationstar Mortgage, LLC

Attorney for Plaintiff:
Keith Cabaniss, pro se
90 Geranium Way
Black Hawk, CO 80422
Phone: [protected]
E-mail: cabaniss@ usa.com

DCOURT USE ONLYD

Case No. 2010CV-000043
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 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 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 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.

Dated this 24th day of May 2010.

ATTORNEY FOR PLAINTIFF

Keith Cabaniss, pro se

I am having a hard time and certainly suprise how our govermnet allow this crimminal act to happen

So what ended up happening?

I just called Nationstar Mortgage for a payoff and it takes 24 hours via fax and there is a charge of $25.00. What a rip off! I spoke to a rep who was worthless. Bad way for a mortgage company to increase their profits

My home was heavily damaged by Hurricane Ike and is uninhabitable. I have no complaints or problems, whatsoever with the insurance company - Farmers Insurance. My agent was wonderful to me and responded quickly and was very concerned about my well being and my health. My adjuster was very nice and concerned about me, as well. They sent the adjustment check in a very timely manner and I endorsed and sent to my mortgage company as required by Nationstar Mortgage. I hired a contractor and he required 50% of the funds up front before he would begin the work. The total of the first draw ($19, 000 - half the adjustment) was sent by the mortgage company and the contractor insisted that I endorse the check over to him, which I did. It was almost one month before work ever started on my home. I got a new roof and rafter repairs. On the inside I had a small 1/2 wall removed, the kitchen was gutted, a small hall closet taken out to make room for a new bathroom vanity installation, flooring was laid in the area in front of the vanity, flooring laid in the kitchen and entry way (I provided all the materials for the floors), scraping of ceiling and re-texuring and painting of bedroom and closet doors in bedroom and insulation and sheetrock and paint installed in the kitchen and dining area (the room was also gutted by the contractor, of which he left all debris in my garage and back yard). The contractor's carpenter needed materials and I purchased them for him to continue the work, since the contractor would not return either his or my calls. Contractor finally called me back and told me he would leave me a check for reimbursement. The check he gave me was insufficient, which made me overdrawn in my bank and to exacerbate that problem, my bank charged me over $250 for insufficient funds. Things went downhill from there with my contractor, whom I suspect was having 'personal issues', and ultimately I had to fire him. The mortgage company sent someone out to my house to inspect the job and signed off at 45 percent completion. I hired a second contractor who jumped through all the hoops required by the mortgage company to release more funds so that the work could continue. The mortgage company kept coming back asking for additional documentation and finally the second contractor decided not to accept the job due to 'my mortgage company being too hard to deal with'. Finally, after many tears and sleepless nights, I found another contractor who was willing to help me. He agreed to repair my house with the remaining funds and has done everything the mortgage company has asked him to do and as of today, the mortgage company is refusing to release any more funds until the job is 100% complete. This is simply ludicrous. How can any company expect the job to be done with no money for supplies and materials, etc? It is like going to the grocery store and getting the groceries, but not paying for them until you have cooked and eaten them! Maybe a bad analogy, but nonetheless apt. This situation has caused me so much heartache, strife anxiety and thoughts of suicide. I am crying as I sit here and write this to you. I am living elsewhere and paying more expenses than I would have to if I was in my own home. Can you please tell me if I have any legal recourse or is this just the status quo for these greedy vulture mortgage companies who feed off of victims such as myself? I am hoping you might be able to offer some guidance to me. I am at a point of desperation right now. Any advice you can offer me is greatly appreciated. I simply don't know where to go from here.

Gmac sold our mortgage to Nationstar and everything was fine. Shortly after this transaction my husband lost his job...Nationstar contacted us about a loan modification. I would listen to my husband tell me the options of paying a note for three months that were about $500.00 a month lower than our regular note and if we did everything perfect they would refinance us at the new lower monthly note. I couldn't help but notice that we still recieved late notices although we did everything they told us now they are threatening foreclosure and my husband doesn't think it's anything to worry about. I am scared to death because our house is worth way more than we owe on it...HELP!

We are getting the run around as well. Being told to send a certain amount and they would start a repayment plan and when We did that they did not apply the money and are trying to foreclose. Also this happened once before and I sent a different amount they told me I needed to send and put it into unapplied funds and didn't apply it to my loan either. so it looks like I havn't made any payments when I have made several. They are rip offs and do not help you, but just lie and take your money.

I'm in the same situation with them. However my wife has great credit and she is not on the title. I'm thinking about just paying for things in cash from now on and renting an apartment with her credit rating and our combined income. F*&K um they can have the house. I'm 30k underwater on it anyway. We have no children so that's a plus I suppose.

Dear Ralph, pretty sure they're not supposed to charge you any money for modifying the loan..

Administrative Costs
Servicers may not charge the borrower to cover the administrative processing costs incurred in connection with a HAMP. The servicer must pay any actual out-of-pocket expenses such as any required notary fees, recordation fees, title costs, property valuation fees, credit report fees or other allowable and documented expenses. Fannie Mae will reimburse the servicer for allowable out-of-pocket expenses. Servicers will not be reimbursed for the cost of the credit report(s).

Cry some more, live within your means.

I am now very, very worried because I am also in this same situation! I have been waiting since January 20th 2010 for the docs that they said would be sent. I have spoken to Daisey Cortez on 01/20/2010, Ronda 01/21/2010, Tohara 02/3/2010, that's when I was told my case was rejected...what! I called again on 02/6/2010 spoke to James and he told me there was no foreclosure date. 02/9/2010 spoke to another james ext2119. called again 2/17/2010 james said that he still did not see a sale date, but i was getting letters from an attorney Macalla Raymer llc...I aqm sending pymts of $1364 cashiers checks. I still have no docs and I am told that they are behind with paperwork. I was given the modification dept tel# [protected] and spoke to Quinton, Asia( she was extremly rude) brian and broderick on 2/25/2010 he said I had an open case ( still no docs) finally I spoke to sheena and she faxed me some paperwork, that I filled out and faxed back with my paystubs. still no 'official docs" 3/9/2010 I GOT AN OFFICIAL NOTICE OF FORECLOSURE...I LOST IT. I spoke to joe and he told me that he does see that my docs have been imaged and he does not see a foreclosure date...I said to him has this attorney been told this. joe said that if a modification is done the foreclosure date is pushed back. i really don't know what to do now I am so scared. pls help.

I have the same problem My loan was sold to Nationstar from Flagstar in October 2009. I continue to receive late notices but I was told verbally that I am on a trial modification program, just send in $1599.03 by January 01, 2010. I sent the check December 20, 2009, The check never cleared my bank. I called on January 6, 2010 and was told by Renee that they returned my check because they need me to wire the money, send it quick collect or cashier's check. This was never told to me by the representative . The letter that came with the check said the funds are insufficient to cover the overdue amount on my account. I called back and they said dont worry about tht letter, just send the money quick collect. Yes I owe, but I dont feel comfortable sending money without proof it was sent. Should I be thankful that my check was sent back to me. My representative Jamie x3444 who said I was approved for trial payments will not return my calls. No one will give me anything in writing. I spoke with Chad on January 21, he was very rude, he said they dont have to send me any correspondance "I owe then money" .They will probably foreclose anyway. What to do?

I LIVE IN tN AND THANK nATIONSTAR IS RIPPING US OFF TOO AND WILL END UP WITH OUR HOME. wHO DO WE GO TO FOR SOME REAL HELP?

This lender is terrible. We have been working with them for the past year. We have provided all the paper work they have requested and have been denied 3 times. They are threatening foreclosure if we aren't able to come up with the 30, 000. The representatives are rude, lack of customer services. I SWEAR, IF I COULD GET OUT OF THIS COMPANY I WOULD DO IT IN A HEART BEAT, I DON"T RECOMMEND THIS COMPANY TO ANYONE. IT SHOULD BE ILLEGAL FOR A LENDER TO PROVIDED FALSE INFORMATION AND DECEIVE THEIR BORROWS.

I cannot believe this crap that we are all taking. Both my husband and I have felt that our house is slowly being taken away. We to have been on program after program with no modification. We have been lied to. Our house has been in forclosure. This has been very hard to deal with stress wise. Right now we are in aspecial forbearance plan. We are going to have a lawyer try and do our mod this time. We have 3 months and if no mod then they told us we would have to come up with the $40, 000. How in the hell are we supposed to do that. They make me think of bad bad cuss words when I think about all of the crap that we have gone through. I am glad that someone is going after this Co. I wish myself luck because we are probably the next people being taken down by ALS.

That's impossible. You start off on a trial plan to see if you qualify for a repayment plan. If you default on the repayment plan then you may not qualify for the next step which could eventually result in foreclosure.