Here in is the text of a document sent by my attorney to Nationstar Mortage which fully explains the complaint. Nationstar is refusing to comply.
Via Certified Mail, Return Receipt Requested
Nationstar Mortgage, LLC
350 Highland Drive
Lewisville TX 75067
Re: Your Reference #: Loether 1541;
3243 E 5th Avenue, Durango, Colorado 81301 (the Property)
Our File No. 2620.001
To Whom It May Concern:
This firm represents Richard Loether. Mr. Loether has requested that we contact you regarding the payoff refund/overage checks that Nationstar Mortgage, LLC (Nationstar) delivered to Mr. Loether following his re-finance of his Nationstar loan on the above-referenced Property. The checks in question are Nationstars check number 0001190320 in the amount of $798.66 and check number 0001185558 in the amount of $507.03 (copies enclosed). These refund checks were incorrectly made payable to both Mr. Loether and his ex-wife Suzi Loether. Mr. Loether has been unable to resolve this issue with you directly and has been forced to engage our assistance in this regard.
Pursuant to the terms of the parties divorce, these refund checks should have been made payable to Richard Loether only. Section 5.01(A) of the parties court-approved Settlement Agreement (copy enclosed) clearly provides that the Property and the Nationstar encumbrance thereon were awarded to Mr. Loether as of June 1, 2012, when the Divorce Decree was entered. To further evidence her relinquishment of all right, title, and interest and to the Property, Suzi Loether executed a Quitclaim Deed to Richard Loether on October 23, 2012. Richard Loether refinanced the Property on November 2, 2012, at which time Suzi Loether had no legal interest in the Property or in the Note and Deed of Trust encumbering the Property.
Please re-issue the checks payable to Richard Loether at your earliest convenience.
GOLDMAN, ROBBINS & NICHOLSON, P.C.
Rick, Durango, CO