Nationstar Mortgage / Mortgage loan servicing
This issue is regarding an unlawful foreclosure sale by Nationstar Mortgage in Waco, Texas that is coming up on January 3rd, 2017. I have been trying to stop this sale as I have had an active dispute with Nationstar Mortgage for several months now that they have completely ignored and then suddenly they sent this to Buckley Madole to foreclose on my home. Since September 2016, I have been trying to verify the validity of this debt with Nationstar and I have 7 letters from them since September, acknowledging they have received my correspondence and will respond back, usually within ten days. I have not received ANY RESPONSE from them from each of those 7 letters and acknowledgements. Now they are trying to take my home without any verification that they have a legal right to do so.
This is a rental property in Waco, Texas that has a tenant in there until the end of 2017. There is no way I wanted this home to go to foreclosure. I
have tried endlessly to work with Nationstar for over a year now to fix their many errors and I am still willing to work with them. But they are ignoring every attempt since September and are now violating my rights per the Fair Debt Collection Practices Act and Texas Foreclosure Laws. This is unfair for them to try to take my home now while I have an active open dispute with them and still waiting for their response, which they have completely ignored.
In early 2015, Nationstar Mortgage took over my loan that I had originated with GMAC back in November 2005 on a different loan number than what Nationstar is indicating. After GMAC went out of service, Ocwen took over the loan on the same account number and there was no issue until Ocwen transferred the loan to Nationstar Mortgage in 2015. Nationstar created a different account under a new loan number that I never signed and from the start, the monthly payment amount was incorrect, they were trying to charge me more than my monthly payment was. I questioned this error for many months and they acknowledged the error through emails but failed to resolve it on any payment statements for several months. Then when they finally fixed that error, they forced a loan mod on me over Christmas 2015 which I completely abided by according to their process. But their loan mod process was so broken that even after they had all my signed documents, they failed to complete it and canceled the loan mod. But they blamed me for not following through with it, which was such a lie! This all ended around April 2016 when my first payment on the loan mod was due.
I then sent a RESPA QWR to start questioning the validity of this debt and Nationstar's right to be servicing this loan due to their multiple errors from the very start. After 2 certified letters from me, they responded in July, 2016 with a stack of paper copies showing my signature on the Deed of Trust and supporting loan documents that were tied to the account number from GMAC, which I completely acknowledge and signed. But there was nothing in this paperwork that tied me to this new account number from Nationstar in any way. I then sent another certified letter in September, questioning their right to be enforcing this note and asking them to prove their legitimacy to be collecting on this debt. I sent multiple letters since September, each of which they sent me back a letter acknowledging their receipt of my correspondence and that they will respond back by such and
such a date. I have 7 of these acknowledgement letters now since September but NO RESPONSE BACK from Nationstar. I have been waiting for their responses and all of a sudden, I received a letter from Buckley Madole saying that they intend to foreclose on my home! How can they ignore this active dispute that I am still awaiting responses to when they said repeatedly they will respond? This is completely unlawful now for
them to ignore my requests and take my home without any validation that they have a right to do so. And for all these months, they keep running payoff statements and charging me all these fees for all that and they should have responded to my dispute back in September which would have eliminated all these ridiculous fees!
I received the Notice of Intent to Foreclose from Buckley Madole on November 21, 2016. I then got my dispute package together and sent it to Buckley Madole via certified mail, showing my complete dispute with
Nationstar and all supporting documents and letters. Their intent letter says I have 30 days to dispute the validity of this debt, which is exactly what I am doing and my package was sent within 10 days of their initial letter. However, one short week later, on November 28, 2016, they issued the Notice of Acceleration and Notice of Trustee's Sale scheduled for January 3, 2017. Per Texas Foreclosure Laws, there is supposed to be a "Cure Period" to allow the borrower to resolve this debt and then they issue the Notice of Acceleration.
My rights are being violated here, Buckley Madole is doing nothing to help resolve this dispute and they are unlawfully trying to take my home. I have tried to work with Nationstar to fix their errors for over a year, I have 55 emails to prove it. Since April of this year I have been trying to work to resolve this dispute and I am still willing to work with Nationstar as I never wanted this home to go to foreclosure. I just needed them to prove that they have legal right to be servicing this loan and enforcing this debt. I have every right to dispute this and it is insane that they are ignoring everything and sending my home to foreclosure!
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