- Report: #1169824
Report - Rebuttal - Arbitrate
Complaint Review: Nationwide Advantage Mortgage Company
Nationwide Advantage Mortgage Company1100 Locust Street Des Moines, Iowa USA
Nationwide Advantage Mortgage Company, Employee Vice President Karla Klemp Neel, Nationwide fabricated & forged real estate records, commited false swearing uder oath, takes fraudulet liar loans on second hand market to invest MBS, Crooks. Des Moines Iowa
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The disputes I have with Nationwide Advantage Mortgage Company and their acting employee Karla Klemp Neel are the following: Nationwide services and acts as the Lender to a certain Contract and it's terms given to Kyle B., the consumer. The contract was for the purchase of property. The contract is 2 parts; 1. Note 2. Mortgage The terms of Paragraph 2 of the NOTE state- " In return for a loan received from Lender, Borrower Promises to pay the principal sum of $71,231....to Lender" ... The terms of Paragraph 3 in the NOTE state- "Borrowers promise to pay is secured by a mortgage....or similar security instrument. The security instrument protects the lender from losses which might result if the borrower defaults under this note." The terms in the MORTGAGE, first sentence, state : " THIS MORTGAGE (security instrument) is GIVEN June 29th, 2005. The mortgagor is Kyle B***, unmarried." The MORTGAGE states it is a uniform security instrument covering real property. (which is our property at 701 Bliss Ave, Stevens Point, WI. 54481) To keep this "transparent" and easy to understand I will speak in layman words.
The terms of these Contracts combined hold that "Lender" Nationwide, had given a mortgage and secured the property as collateral to protect Nationwide from a loss if the borrower, Kyle B., would default and not re-pay the loaned funds of the Note which were used to purchase the secured Property. After discovering certain facts, it has been found the Contract was irreparably broken from it's inception and over the course of EIGHT years Nationwide had misled their Consumer. Kyle B. believed he was paying for what Nationwide's contract had provided him, a home, property. He had been paying a company, but not for any secured property for no property had been secured. He had been paying SOMETHING, but it is not know for what. What had been found -9 years after the contract was agreed to- was that the funds from Nationwide's loan had NOT PURCHASED NOR SECURED THE PROPERTY. The previous owners were Felicity's parents, the "sellers". Felicity had inherited & taken the property freely, Felicity's then Boyfriend, Kyle B., the "buyer" took his interest to the property with a loan to payoff what the Felicity's parents had still owed to their lender, US Bank. Nationwide had incorrectly used Kyle B.'s loan funds and FAILED to pay off what the sellers still owed to US Bank so the property remained UNsecured as to to Kyle B., Felicity M., OR Nationwide. In 8 years time, Nationwide did thereafter gain a secured position but only because Felicity's parents had paid off US bank after that 8 years time. The FACT STILL REMAINS THAT NATIONWIDE is and was the responsible party to uphold their obligations to the contract and SOMEONE ELSE PAYING OFF WHAT NATIONWIDE WAS REQUIRED BUT FAILED TO PAY and never addressed or disclosed WAS an absolute undeniable breach of contract.
It has been evidenced by factual documents and PROVEN that Nationwide's contract with Consumer Kyle B. was VERY misleading, VERY deceptive, and VERY VERY un honest. Upholding the consumers promise of the contract, Kyle B. had been paying Nationwide for what his contract afforded; his Fee simple, unencumbered individual right to ownership of the property but unknown to him until recently that was all false. Nationwide had not at one time in eight years disclosed this to Kyle B. Nationwide had sent a mortgage bill for EIGHT YEARS and several threats during hard times demanding payment of the home loan or Nationwide would foreclose, when the whole time Nationwide had knowledge they COULD NOT legally foreclose, not without first paying US Bank like they were required to do, but failed. Nationwide made a loan modification after a hardship in 2010 which required a title search of the property per HUD & Nationwide's guidelines and a 1098 tax return from Kyle to verify employment & proof of marriage. -The title search would clearly show the US bank mortgage from Felicity's parents was still unpaid, NEVER satisfied. That was covered up. Nationwide made a false assignment of the loan to MERS which reflected Nationwide no longer held the loan or was mortgagee of the property. Nationwide admits, NOW, after us bank has been paid off that the false assignment was an "unfortunate error". Nationwide was at risk to not only have exposed the laundering and misplacement of money, but the issue of how they were going to make a modification of an FHA loan and receive Government insurance proceeds for making that modification when it is indefinitely NOT permitted by HUD for a lender to even have an FHA insured loan on encumbered property which the lender would not be able to convey to HUD for say the instance of foreclosure. FHA insurance is for the purpose of Government reimbursement TO lenders for their loss of money lent purchasing the home. Nationwide had no loss, and COULD NOT convey a clear title to HUD because US bank had First lien position of the property with Felicity's parents still unpaid VA insured loan yet Nationwide covered this up, reported false information for Government proceeds instead of fixing any of these problems and to this day they "deny any wrongdoing" when ALL I have said is documented and proven. No one did any of these last few mentioned things except for Nationwide.
It took us well over a year to figure all these things out in our tiring search to track down where Kyle B.'s loan funds had really gone (which we still have not) and all this sounds so outrageous we are unheard, belittled and just emotionally dumbfounded as consumers when we have proven this, asked Nationwide for help or understanding or SOME KIND of explanation, but in the end just under the foot of "Big bank does no wrong" "We are in compliance - your a bum homeowner looking for a free house" and boom. They take our home! .......How is that for customer service & servicing issues? - Kyle B.'s 1098 tax statements requested by Nationwide undoubtedly proved he was married to Felicity as they were filed JOINTLY in both Kyle & Felicity's names. Nationwide was discriminate to the fact Kyle was married and refused to put Felicity's name on such modification of her property in 2010. Aside that being alienation of property by failing to obtain the signature of a spouse in jointly owned property it voids a contract under Wisconsin Law. Nationwide was further hiding the fact they held a "loan"- fabricated or not- on a home that only had ONE owing spouse. Nationwide has been intentionally ignorant and discriminate of Kyle's marriage to avoid inclusion of Felicity's interest in the property as they knew she was not a borrower, yet they possess receipts from almost ALL payments ever made since 2005 that bear the name only that of FELICITY as sending pymt. Nationwide never fulfilled their contractual agreement of securing the property for a loan AT ALL but continued to make Consumer Kyle B. believe they did. Because Kyle & Felicity both had an interest in the property Nationwide's non payment to US Bank effected them both. If death or tragedy would have struck Felicity's parents before 2012 when US bank was paid off, and Felicity's parents would have not been able to payoff USbank, US bank had the legal right to take their home when Kyle & Felicity AND her parents had believed that USbank mortgage was PAID OFF.
Interestingly enough the loan Closers have personally stated several times upon being questioned by Felicity AND the WI. Commissioner of Insurance office that they had paid off US bank in 2005 at the closing which has been founded to be untrue. The closers never disclosed the misplaced funds. Nationwide never disclosed the misplaced funds. We never knew about the misplaced funds. We were only 19 years old in 2005 and it would seem whoever knew about this scheeme just "let it ride" but the very real end result was two teenagers SO TERRIBLY MISLED AND DOOPED that one (Felicity) ended up actually loosing the "on paper" interest to the title of her home and the other (Kyle) was tricked into signing a contract to pay a $70,000 mortgage for a home that a totally different bank was still owed money for he didn't know about, he never got clear title like he was supposto and someone else got the money he has been paying back all this time. Karla Neel has written (Nationwide employee) and pointed out the loan was originated with Central States Mortgage Company and thereafter Nationwide bought the loan. Neel stated "Any issues surrounding a delayed payoff of the loan with [the sellers, Felicity's parents] and US Bank at the time of origination would have to be resolved with Central States Mortgage and US Bank." Neel's statement is fatally incorrect regarding my complaints as NATIONWIDE is the company to which SHOULD HAVE RESOLVED - NINE YEARS AGO why there was any late payoff at all! Nationwide is the party that has not upheld the very terms of their contract they seek to enforce now by taking our home. Felicity's parents were not a party to the Note & Mortgage nor were they required to make a PAYOFF to US bank because Kyle B. entered into a contractual agreement where the "LENDER" pays or instructs someone acting under them to pay off any liens to provide CLEAR title so the lender has a first lien position and secured the home. Kyle B. was not just handed $70,000 to go buy a home. Kyle B. was given NO direct loan funds at all. The "lender" DIRECTLY paid whomever they did which is unknown despite our grave efforts, but whom ever it was, it sure was NOT US bank as required NOR was it any CONSUMERS job to insure that! Consumers pay LENDERS, companies, and businesses to do these things as consumers are not knowledgeable of them! When the companies screw things up, or make mistakes, or commit fraud, it is the companies liability! It is outrageous to blame other places or especially the CONSUMERS! Ridiculous! Nationwide fights to enforce this contract for their benefit but will not accept liability to the errors of it! Wrong! wrong! wrong!
THE FACT remains, that Nationwide is the entity in material breach of their own contract by not assuring the delivery of their consumers funds to adequately and legally purchase the property to secure it for their consumers benefit nor even their own as it was required within it's terms. The FACT remains, Nationwide is not a small company, they have a legal team and and an underwriting department that preforms quality control and keeps their operations within Government and banking regulations as well as their own standards for the solidity of their practices. Nationwide's responsibility of checking consumer loans bought on the second market from originators such as Central states is only their own. Nationwide is the party with the obligation to resolve any "delayed payoff" as that matter is internal and of utmost importance to their own benefit. A company that does not insure they are buying lawful, legitimate loans cannot accuse the CONSUMERS for their ERRORS and undue diligence. Nationwide APPROVED the underwriting of this loan a month before it even closed per HUD's records obtained via FOIA.(freedom of information act) Nationwide can not just rely upon saying they only bought the loan after the fact and blame someone else because Nationwide was the company that approved the loan AND submitted it to FHA to be insured! Central states was only a BROKER that ORIGINATED loans.
Nationwide has put us through hell and forced us as consumers to spend hours upon hours and MONTHS to track all this down when I have no doubt if the US bank mortgage would have not been paid off they would have then done all this because it would effect their agenda to foreclose negatively. No consumer protection for Kyle B., only interest to their own advantage. We in receipt of Emails, phone records, QWR's to Nationwide for over a year; we have asked them for help, asked them where the money went, asked them why they never addressed many errors NUMEROUS times like why they were TAKING EVERY MONTH our extra payments we had sent them for principal reduction and applied them to made up fees such as "corporate advance fees" NUMEROUS property inspection fees in ONE month! Month after month! They "deny wrongdoing" and say they service the loan in compliance with regulations & laws but have REFUSED to look into why their own company has been collecting money from Kyle B. who WAS NOT GIVEN THE MONEY, NOR A HOUSE PURCHASED WITH THAT MONEY they are trying to take! In regard to Felicity M.'s ownership of the property, that is not in dispute, or should not be and was previously addressed. It is not the position of any respectable company nor person to destroy a Mother and Father's natural passing of property ownership rights to their child. That type of Natural family interest comes before and is superior to any right of a mortgage LIEN and in Wisconsin, any property that is gifted or inherited is NOT community property and that is Nationwide's basis of how they can "cut off" Felicity's interest in the property as they claim she ONLY has a MARITAL interest through Kyle B. and because he is a borrower they can foreclose that interest of hers. They deny they had knowledge of Felicity's "interest" in the home yet have the original application THEY APPROVED stating she was a joint owner, listed on title, but NOT a borrower. That application has since been tampered with and her named removed without her or Kyle B's knowledge.
Nationwide lacks the knowledge and skill to fully resolve this one issue in particular and has offered Felicity the option of accepting a now $95,000 modification of a 70,000 loan debt not given to her or Kyle nor bought a home she owes nothing for, a home she already owns OR they will foreclose. Nationwide Consideres none of the herein issues relevant, and offered the modification upon which will resolve the matter, reinstate the loan, and keep us in our home. I decline this offer and think Nationwide Advantage Mortgage Company practice's/ sub-servicing/servicing practices are reputably disgusting. They have their fingers in bad loans from the housing bubble securitized to different pools, non endorsed notes sold and packaged more than once. They do not fund loans but use investor finance funds, claim a "lender" status for all loans which is false, fabricated and forged loan documents, mortgage assignments, real estate records, loan payment history, IRS tax reporting, lied under oath in a court of law, Defrauded the Government, and most ALL OF IT IS DOCUMENTED, EVIDENCED, AND PROVEN. A simple internet search for my published evidence may be done or I will send it upon request to anyone interested.
This report was posted on Ripoff Report on 08/14/2014 12:08 PM and is a permanent record located here: http://www.ripoffreport.com/r/Nationwide-Advantage-Mortgage-Company/Des-Moines-Iowa-50391/Nationwide-Advantage-Mortgage-Company-Employee-Vice-President-Karla-Klemp-Neel-Nation-1169824. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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