Mr. Cooper
Reviews and Complaints

Terribly unprofessional company! Anyone having issues with this company and escrow should file a complaint with their states Attorney General and let them assist you. This company has caused me so many hardships since they assumed my loan a year ago and over escrow that they are not responsible for! I am and my closing contract states that but they just added two years of escrow for my taxes, with no notice. They increased my mortgage payment $560 per month. I don't know to many people in this economy that that could handle that or even in a good economy. I will be taking legal action against them for hold payments in suspense and not applying them to my mortgage payment that I never missed. They will also be asked to notify all credit agencies of their wrongful reporting. Again, what a horrible experience and it has almost made me have a nervous breakdown dealing with them. They need to be investigated and from my state, that is what they are about to get.

It began when I applied for one of the HAMP programs to lower my interest rate. I applied and was denied. Months later, Nationstar started to add an escrow account citing the program calls for an escrow account be set up. I didn't understand this because I was denied. First they paid my insurance, after I had already paid them. I wrote letters asking them to request a refund because my insurance was not due. This went on for months. It started in October 2010. I was able to get my insurance company to return the money to them after multiple calls and letters. Next, I paid my own taxes as usual in November of 2010, however I noticed my statements reflect a higher payment and when I inquire as to why. It is told to me, Nationstar now paid my taxes in full. This denied be the right to make the split payments as I have for the last 6 years. Now that my taxes are paid in full, Nationstar is requesting their money back and not not applying my regular payments since October 2010. I receive a demand letter in January of 2011. I feel their actions were deliberate with them trying to set me up for foreclosure, ruining my credit, ruining my life. Everytime I apply for a program I get denied. However, they, a few months later, start paying my escrows even though they have been paid my myself, they raise my payments and send a demand letter while I am trying to understand what happened and what has been paid. Recently, my insurance was paid again, however knowing the process, I immediately called my insurance to refund them their money. There is never any notice as to when this will start. This has to be wrong. The insurance company refunded the money, however they say I owe them 2300.00 but will not say what it is for. They won't talk to me or meet for mediation. My credit and life have been ruined by their actions. I recently go a demand letter because they are not applying my regular payments to this 2300.00 they say that I owe. Please help me with Nationstar Mortgage! They are the worse oompany I've ever seen. They send you to person person who know very little and will not effectly communicate with you in addition to this withold information to lead you into foreclosure.

Chose option to submit payments online...how convenient, the website to make payments has been down for at least two days now. Its 6.95 to pay online, 15.00 to pay by phone. Will be submitting by mail from now on i guess.

I have fought with them over the escrow account. First, they charged for insurance (flood an homeowners) because they said we didn't have it. We did. I then tried to get them to credit the account. I verified that they were sent copies of the declarations page several times. Now, another fight is brewing. They added $200 to the monthly amount and also said I owed another $2000 this month. The [censored] said it was to the escrow account. I asked how could I owe that much if I have been paying it monthly. They also charged a double amount for the property tax. I did get that one corrected. I am now waiting for a printout of the escrow account since the beginning. After reading all the complaints I have a bad feeling. I am so sorry I for lying down with these pigs.

My mortgage was sold over 1-2 years ago to Nation Star Mortgage. I have had nothing but trouble with them ever since. They are very slow in updating your payments when you try to view your account on line. I made my payments on time and mostly early, but never late. I sent extra principal on my mortgage payments to pay it down. I was a good customer! They treated me like dirt, especially since I made a $60, 000 payment on principal on 1/10/12. This check cleared the Bank of America on 1/12/12. They have my money but they never applied it correctly and had to reverse it on line. When I contacted twice per email, they never responded to my questions or inquiries. I then called them a total of three times over the next three weeks and all I got was a "run around" from them with tons of excuses. When I asked to talk to a supervisor, I held for 3 minutes, only to be hung up on and never talked to the supervisor. I then sent two letters to them over two weeks time, again asking when they would give my account the credit for the $60, 000 payment. I was NEVER given an answer, but they sure could try to get me to refinance with them and kept talking about doing more business with them. ARE YOU KIDDING ME? I didn't like their business now, why in the heck would I want to do more business with them. They knew I was a good customer, but treated me like DIRTY! Everyday I would go on their website to see if they corrected my mortgage amount that I paid and it is still incorrect. Today, 2/6/12 I finally received a response from a Miss Brooks in customer service who assures me that my next statement would be right, but gave me some lame excuse that it took more than two weeks for the bill to get here to me from Dallas, Texas and that's why my last statement in January was wrong again. NATION STAR IS A DISGRACE TO THE MORTGAGE BUSINESS. They should lose any good rating they have (if any) and should be reprimanded for their outrageous customer service. I plan to get away from them as soon as I can. They should be closed down! I am not a person that doesn't pay her bills, or doesn't contact people if I have a problem. I do not plan to be a lazy bum and let my mortgage company try to foreclose on me. I believe these people are not providing a genuine service to good customers like me. I plan to keep my home and I'm not going to let them or anyone else take it from me. I am a good U.S. citizen who takes pride in herself, her home and God. SHAME ON NATION STAR!

GMAC sold my loan to them and I had no choice 4 years ago. A nightmare ever since. I changed homeowners policies and notified them 6 weeks before my current one terminates. I get a letter dated 1/30/12 saying they haven't received a bill from AMFAM so we took it upon ourselves to pay the bill out of your escrow account. The same day I get another letter dated 1/30/12 from them saying we have received notification of your change of homeowners insurance to SAFECO. But, since we paid AMFAM anyway you will need to contact them to try and get your money back and by the way, you will need to pay the new SAFECO policy yourself since your escrow account is now depleted. Send us the receipt when you pay it. WTF I sent a scathing email to customer service today . I contacted SAFECO to get the notification date to Nationstar. If they sent the check to AMFAM after that date, Monday will go down in history as someone's worst day of employment there when I start calling Nationstar.

I was trying to buy a house that nationstar owned due to a foreclosure. I gave up after 2 month of unbelievable issues. Best think I could have done. The icing on the cake was that they told me one of my mortgages with another company was behind 2 months. That was inaccurate. They tried to validate my information before one of the 7 scheduled closing dates. They called the mortgage company that I have a loan with and they documented who at nationstar called and that they were not authorized for the information. They wouldn't give them data. Nationstar used by ss# to call the automated line and act like they were me. That is definitely unethical but probably illegal too. They got limited information. It told them when my last payment had been made. It didn't tell them that my account was paid advance and next payment was due in 3 months. I spend a day dealing with a real mortgage company to figure out where they came up with the lies. I told them to shove their house. I did get a little enjoyment. The last contract extension expired and they thought it would automatically renew. They did a bunch of work and they i told them we are out of contract.

We paid an extra $1000, on top of our scheduled payment, but only an extra $334 was actually applied towards principal. We have called and asked for an explanation and were told that "they thought we were making a payment towards the next month", though we wrote the extra amount in the field designated for "extra principal." The customer service person assured us that they will take care of it the next business day. Almost a month has passed since we made that call but nothing has changed in how our previous payment was applied. Today, we sent out another check with $1000 extra to be applied towards principal. We even highlighted (we were told by customer service that making it clear might help) that line. Can someone help? Does anyone know what to do in this situation?

This company is horrible. Citi sold my loan to Nationstar 3 years ago and I've had nothing but problems. For the last 2 years they have not paid my homeowners insurance on time causing my home owners insurance to lapse. Last year I had to pay the premium out of pocket and then wait months for Nationstar to reimburse me. I pre-paid all the time. I always send a letter and write clearly on the check that it is for the principal only. They instead take the pre-payment and put it towards my regular payment. Then while they try to fix their screw up they mess up my monthly payments, don't take the automatic deduction on time and then try to tell me my payment is late. I've never been late on a payment. Like I said, I prepay. Is it too much to ask for them to pay on time? The kicker is that when I applied for a re-finance the loan officer told me the real reason I was declined was that my credit score was too high and they wouldn't make any money off me. That didn't stop them from running numerous credit checks. Needless to say I am looking into a new Mortgage company.

We had an appointment to discuss our loan eligibility with ms. Jeanne kelly at the era office in newburgh, in. First she gave us some forms to sign. One of the forms dealt with pulling out credit reports. She made us sign the form saying it's "no big deal" and that she will not pull our credit report without asking me and my wife. Then about a week and half later on the 14th of february we received a call at our home from some tele-marketer mortgage company that our credit has been pulled and we have applied for a loan. We told them that we had not applied for a loan. The next day we came to find out from ms. Jeanne kelly that she pulled our credit without our permission. When we went to see her, she said that she indeed did it and said that she "owes us an apology". An apology does not cut it for such a matter because it negatively affects our credit score, and such an action by a mortgage professional is simply very unprofessional!

Daniel mudd of fannie mae and fortress investment group buys and shorts the very same mortgages that their nationstar subsidiary originates.

This is a a fact.

They steal money by way of spa contract entered into with the u. S. Department of treasury and breach the same contract as they fail to comply with the terms of said contract.

All the while, cashing the checks, wire tranfers and payments from borrowers and taxpayers by way of tarp.

In my case, fnma svc 09-36. Lender must notify borrower if loan modification is denied.

Https://help. Consumerfinance. Gov/app/mortgage/ask

Peggy. [protected]@cfpb. Gov
Richard. [protected]@cfpb. Gov
Raj. [protected]@cfpb. Gov

Plaintiff: keith cabaniss

Defendants: nationstar mortgage, llc

Attorney for plaintiff:
Keith cabaniss, pro se
81 greystone trail
Black hawk, co 80422
Phone: [protected]
E-mail: [protected]@ usa. com
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 & ldquo;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 & ldquo;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 & ldquo;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 & ldquo;everything is ok. & rdquo;

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 & ldquo;everything is ok, & rdquo; 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 & ldquo;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, & ldquo;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 & ldquo;everything is ok. & rdquo;

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, & ldquo;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 & ldquo;ok. & rdquo;

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.

Wow, this company is something. I have a BK from 2008 that has been discharged. At the time our home loan was with CitiMortgage, and they requested a re-affirmation fo the loan, to which the BK Judge responded that it was "inappropriate" for them to request a reaffirmation, as the loan was never part of the BK and therefore in keeping with California law, did not need to be reaffirned. Servicing rights for our loan were transferred to Nationstar in about Dec 2010, and within a couple of months we stopped receiving statements and were blocked out from our online account. Turns out they started a new policy to not deliver any loan information to former BK clients unless they have a reaffirmation. So after several months of dickering with them, we sent everything we had on my BK, and they finally starting sending statements and allowed online access. I thought it was all good until I checked my credit back in Sept or so 2011, and found they were reporting the loan as discharged and with a zero balance! I have taken the steps to correct, including filing complaints with the credit bureaus, but no change. I started calling them in November, and would be told that it would be investigated, but it was never changed. I even verified with a C/S rep in late Dec. that they have the BK docs and letter from my BK Judge. So I finally spoke to someone in their BK Dept today, and she informed me that they will not be changing the way they report my status, as it is their policy that unless a reafirmation was requested during the BK, and a reaffirmation filed, they will not report at all! I asked what would happen if I stopped aking payments, and she said that then the company would be forced to foreclose on it's lien. We also cannot submit froms from our BK, as they will only accept what the Federal Gov't has on file for the BK, and on top of all of this, our C/S should never have accepted our documents or started delivery of statements or granted access to our online account. You gotta be kidding me! Even though they had a copy of the letter from my BK Judge, they won't accept it and it's against their ploicy to report correctly. Holy smokes. Calling my lawyer next, but if you have a similar situation, let me know

They have been a living nightmare since theey took over my mortgage against my will. I will probably lose my house because they are holding hostage my settlement check from my flood insurance company for $20, 000. My flood happened Nov 1st and its Jan 15th and they won't release MY check to me. My house is moldy and unrentable and THEY KEEP ME ON HOLD FOREVER AND DO NOT CARE! They sound like a recording "we are abiding by our procedures". They put me on hold theen get disconnected, and when I call back thee person I was speaking to is no longer available and I have told my story to about 12 different people and nobody cares! They forced me to hire a contractor and we had to sign a contract but now I have no money to pay him! HE:P! Class action suit anyone?

Our mortgage was transferred from First Horizon to Nationstar and problems started with the first month, First they started calling becuase they had not received payment, payment was made to first horizon for that hey do month because that was the bill I received Nationstar never sent bill. Now it has only been about three months since the transfer, if you try to may online or by phone they want to charge you like $25. If you mail the check to them and they don't have it on the first they start calling you, They make calls seven days a week, early morning, evening and afternoon. I have had their hanguphans as late as nine oclock at night. If you have messages on your voicemail that is a time check, that is them, Just call back the missed call number and you would see. Other than the BBB what other options are there ? Judging by the number of complaints already, it eems they must be breaking come regulatory or legal rules. Does anyone have a class action started?

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
81 greystone trail
Black hawk, co 80422
Phone: [protected]
E-mail: [protected]@ 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 & ldquo;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 & ldquo;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 & ldquo;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 & ldquo;everything is ok. & rdquo;

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 & ldquo;everything is ok, & rdquo; 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 & ldquo;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, & ldquo;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 & ldquo;everything is ok. & rdquo;

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, & ldquo;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 & ldquo;ok. & rdquo;

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.

We had a loan with gmac that was taken over by nationstar in january of 2009. We have submitted document after document to prove all payments with gmac and nationstar. After 3 months, they still refuse to update the credit report or remove the late fee charges. If you're smart you will not deal with this company! I personally know a guy that used to do collections for nationstar with act, his exact words were that nationstar is the worst company to deal with. Pretty bad their own employees say this.

I was encouraged to use nationstar for my loan because they owned the house I wanted to buy. They said they would pay 4600 in closing costs. I didn't realize they would inflate my settlement costs! They took over two months to tell me their was a problem with my income and I would need to do a different loan that would cost much more! I have switched lenders and they said there is nothing wrong with my income. Nationstar would take weeks to answer questions, if they did at all. Terrible all the way around. They should be stopped!

I have the taxes and insurance escrowed. I just received a certified letter that the check Nationstar Mortgage sent to the county to pay the taxes has bounced. I have never heard of a mortgage bouncing a check. The county a threaten criminal action against me if the taxes aren't paid. I went through my credit to finance my house and it has been sold twice. Unfortunately, Nationstar bought the loan. Since then they have contacted me about refinancing my loan to lower my mortgage and I paid for the appraisal. Then they tell me the appraisal didn't come in high enough and denied the refinance. Now this happens, if I could I would refinance with another bank or mortgage company. If this mess isn't straight out within in week, I will be contacting a lawyer.

I am curious if any other folks have experienced what we have this last year with Nationstar Mortgage aka Centex and if there are any class action suits against them regarding their handling of the HAMP loan modification program application process that might be proceeding . Please read and respond if you have heard anything.

We started the HAMP loan modification application process with Nationstar Mortgage at the end of 2010 as we were not able to make our payments. We were told that payments in arrears would be renegotiated via the program once accepted. If we did not qualify for this program we would always be afforded other alternatives from short-sale opportunities or plans to pay back our payments in arrears via a loan modification through Nationstar. It is now December 2011 and we just received an eviction notice from McCathy & Holthus to be out 3 days after they had already sold our house on December 12. We were totally dumbfounded as of today [protected]) we still haven't been told in writing or in any other manner that we hadn’t qualified for the HAMP program let alone been given the opportunity to follow-up with alternatives! In good faith we provided documents for our application as per their request. Over this last year we have had to re-submit the application multiple times as it was sent back to them because they had submitted our applications to the government incomplete. Forms they forgot to get from us before they submitted the applications were the Dodd-Frank form and a form to get our permission to get copies of our 2010 tax return (both easy to fill out as they just needed our signature). Oh, yes, and they would also ask us to send them another profit/loss statement. All this information we would have gladly provided had they informed us that they needed it to make the file complete before they submitted it to the HAMP program. The baffling part of this whole thing was that the only way we knew that our application was incomplete was when we would call them to find out the status of the application process. This in itself was always a nightmare. Every time we called them, the last person we were working with somehow had been transferred out of the HAMP division or had left the company and we ended speaking with someone new every time. We were always on hold for at least 20 minutes to speak with someone and fax numbers they would give to send to us to send them information would never work. I've had to call to get a working fax number on one occasion 4 times before I could it to go through. Many times we were just disconnected and would have to start all over again. What we didn't realized was that while all this "application process" was going on they were continuing with the foreclosure process like a pack of raptors or coyote luring us in one direction while we were being stalked from behind for the kill. This parallel process was started formally in March when we received a certified letter from a company called Quality Mortgage Services (QMS) saying that our house was in foreclosure and that it was scheduled for auction in July. (Nationstar at that time must have notified QMS that we were still in the application process and because it was rescheduled for a later date). Alarmed, we called them and were told yet again, to, "disregard the notification from them because we were applying for the HAMP program". This was the start of many phone calls regarding mailings that we were receiving that were answered always, "to disregard" or "don't pay attention to that" as we were protected under the umbrella of "applying for the HAMP program”.

We are currently negotiating our exit.

To be fair, all mortgage companies are horrible to deal with, but nationstar takes the cake. Ns customer service is so horrible that I lack the socially acceptable word to describe it on this website. (Note that ns is also a collection agency, so they are born to be rude, and rude people do not deserve nice words. ) anyway, similar to many posters here, I had a lot of difficulty reaching a live person at ns to ask a simple question. However, I found that by selecting the option to speak to someone about not being able to make a payment or about collection calls, I always got to talk to someone. I then told them that I was only calling to ask a simple question, not about collection calls, etc... The person always transferred me to the right office. Maybe you all should try that.