ED Magedson – Founder
Nationstar MortgageNationwide USA
Nationstar Mortgage BANK OF AMERICAFIRST FRANKLIN improper and possibly illegal business practices Nationwide
I have filed a petition stating the details of my troubles in deali g with First franklin, Bank of America, and Nationstar Mortgage. You may link to it and sign the petition at:
Change.org and looking for petitions by Dayna Rice
In the state of Wisconsin and most areas around the country, lenders and mortgage holders are using the HAMP program to lead borrowers on. This program was designed to help people to stay in their homes, and when looked into more in depth, you find lenders using the program to profit, leading borrowers on, and to force people into foreclosures.
My subprime mortgage has been sold to the 3rd lender since it was opened in 2007. My ex-husband is the secondary borrower on my loan and has made the road to getting my mortgage on the track very difficult.
In 2009, my ex-husband and I separated. He left the home in a disgraceful state, and also in foreclosure status. I was working overseas in support of the US Armed forces in Iraq. My lender at that time was First Franklin Loan Services. They said they would work with me, but after several failed attempts to cure the default on my loan over the course of several months (from April 2009- August 2010) which included missing deadlines due to my location and document turn in requirements, the lender requiring the documents be mailed in within 10 days (which it would take me 10 days just to get the paperwork while I was in Iraq), them holding my payments for upwards of 20 days and stating that because the payment was not credited by the date that my repayment agreement was voided and I would have to start the process over, I finally started to deal exclusively with the attorney's office in charge of my loan.
I was able to get the correct payoff amount for the foreclosure to be taken off my loan and sent a certified bank check to the lawyer for the mortgage company in an amount of over 15000.00! I received confirmation of receipt, and then received a letter stating my loan was to be further serviced by Bank of America. I immediately contacted Bank of America and informed them that I was not living at the home due to me working overseas (at this time I was in Bagram, Afghanistan). I had expressed my concern over communications and was told by the customer service representative that I would be able to receive all communications through email from that point forward as well as through USPS at my home.
I sent in my first payment and expected everything to be handled smoothly. My cousin who was staying my home while I was away, shortly thereafter contacted me and said that my payment had been returned to my home. I contacted Bank of America about this and was told that my home loan was coded with a foreclosure status. In looking, when the loan was transferred, First Franklin never removed the foreclosure status. Bank of America was still under the impression that I owed over 15000.00 in payments. When we discussed this and I was able to provide them with proof that the payment was made they removed the code.
I was making my payments on time for the next 4 months when my cousin, contacted me again and told me she had a letter from Bank of America stating that my payments were behind and foreclosure was going to be started. When I was able to finally reach BOA about this issue, I was told that my mortgage now had an escrow account because of the foreclosure status that was on my account when they received the account. I questioned why that was when the foreclosure had been cured months prior, when I already paid my insurance and taxes from my own pocket. They could give me no other reason than the code had prompted the system to add the escrow account and that is where my new default was. The escrow account had been being unpaid for 3 months and racking up fees because no notification was given to me that the escrow account was added. The woman I had spoken to about the foreclosure code had asked me if I wanted to set up an escrow account I stated NO because I paid the taxes and insurance on my own each year. She assured me to deny the escrow. When I demanded the escrow account be removed because 1) I was never notified of the change to my loan, 2) I had already paid my insurance and was about to pay my taxes out of my own pocket, and 3) I denied to have the escrow account added in the first place; I was told that the escrow account was now mandated due to the account being in a default status. I then proceeded to tell BOA that it was their fault I was in default for not notifying me. They still added the escrow without my consent or approval.
The next time I had a problem with BOA was when I returned from working overseas and took an income loss of almost 100,000.00. I approached BOA about refinancing my loan. Because my ex was still on the note, I was denied a refinance, denied the opportunity to sell the home in a sale or a short sale, and the terms of my loan did not allow me to assume the loan. In speaking to the loss prevention department I was assured that with my quit claim deed, divorce papers, and my signature I would be able to relinquish my home to BOA with no ramifications to me as my ex-husband was extremely uncooperative and refused to sign any paperwork. I was told to stop making my payments and within 90 days my home would be through the deed in lieu process. I was also told it would be ok to end my homeowners insurance. At about day 75 I called to get an update on my deed in lieu status and was told that I was rejected for deed in lieu without my ex-husbands signature. I at this point had not spoken to my ex in almost 2 years. Had no clue how to reach him other than through an old email. I asked if the bank was able to assist me in locating him and sending him the paperwork and was told that the bank was not authorized to do that. I chanced sending an email to my ex (who was abusive) to ask him to contact the bank. The response I received was, "You are a big girl, you wanted the house in the F---n divorce, now you f-----n deal with it!” I relayed this message to the bank and was told they were sorry but without his signature they would not be able to help me.
I chose to let the house go into foreclosure. The projected length of time to complete a foreclosure in Wisconsin at the time was 10 months. This was in October 2011. During this time I received notices of hearings, which I was unable to attend due to not living in the state and not having enough income to be at the hearings. These notices also had my ex-husbands name on them. He was never properly notified because BOA would not add an address to the account to notify him at his own address. I again returned overseas to work, and at that time, June 2012, I was now 10 months behind on payments, and they had added a lender placed policy that jumped my payment up to 1600.00/month. They would not accept a payment arrangement that I could afford, and since the loan was behind would not accept any payments unless it was for the full amount due. While working in Afghanistan again, I was attempted to communicate my desire to repair my loan and bring it to good standing, attempted to make arrangements with the mortgage company, was denied for the HAMP program because on a temporary contract job I made too much money, yet when I returned home did not make enough, and each time they sent me the application, my ex-husband was on all the documents and each time I filled them all out and turned them in I was denied (I believe the total number of times I applied for HAMP was almost 8 times).
In June 2013, I was scheduled for a final hearing for my foreclosure with Bank of America. This nightmare was going to come to an end. No more dealing with my abusive ex-husband, no more dealing with creditor calls, no more reporting to the credit bureau and destroying my credit right? No. Bank of America sold my loan to Nationstar Mortgage, in foreclosure status, with a past due balance of over 30,000.00!
Nationstar Mortgage started off being very sympathetic and what appeared to be very confused as to how they ended up with my loan. In my history with Nationstar, I have explained what happened. I was offered a deed in lieu as I was with BOA. I turned in my documentation, and after all this time of no contact from my ex-husband other than him telling me to deal with the "f---n house my f----n self" Nationstar contacted him to get his approval about the deed in lieu. My ex denied approval for the deed in lieu. When I was contacted by Nationstar representatives, they seemed very concerned and wanted to help. They assured me that with my quit claim deed and copies of my divorce papers they would be able to submit an application to the HAMP program. I started submitting the documents in October 2013. I was asked to resubmit the documents multiple times for multiple reasons (they were not sufficient, they were expired, they needed more information, it was not the right document, they sent me the wrong form, etc. etc.). In March 2014, finally there was some headway! I had been approved for the modification!
My dedicated loan specialist was calling me to tell me that the mod had been approved and that I should be receiving a packet in the mail within 2 weeks explaining the details. About one week later, a new loan specialist called me and wanted me to submit a payment to him over the phone. According to the first loan specialist I spoke with, my payment was not due until 1 May 2014. I was waiting for the paperwork to ensure that the new terms would be agreeable and that I would not be entering into an agreement that would set me up for a future failure.
This loan specialist called once a week for the next three weeks suggesting I make a payment of over 1000.00 for my first month of my trial modification. Once I received my documents in the mail, the next time he called, I asked for a truth in lending document to show me the terms of the modification. I was told that there was no Truth in lending documents for a modification, but told that my payments would be significantly cut and given the figures. I thought about this for the next few weeks. On April 28, 2014, I called to make my payment to secure my trial period and my modification (which needed to be made by May 1 remember...) and was told that I had no approved modification. The underwriter had written in that my house was vacant, with no intentions of leasing it, and that it was marked as condemned by the mortgage loss department inspector and so my modification was rejected, and they refused to take my payment for my trial period. I argued with them, and was told my only recourse after all this time and energy and work to get this far was to write an appeal and USPS mail it to them and wait for a response.
My loan as of this date is currently over 60,000.00 past due, it has been more than three years, and I still have no resolve, no cooperation from the lender, and my personal finances and credit history have been destroyed! No private lawyers will assist in this matter as the big lenders have a budget more than my annual income to provide for lawyers to defend them against their unsavory tactics and lies. I was a willing homeowner who wanted to pay the mortgage and keep my home. After all the thousands of dollars I have paid out to these companies to try and work through these issues, and honesty I have given them, I am nothing more than a number for them to get more money. I have read through several posts, blogs, and rip off reports that this is an all too common practice for these lenders. They keep applying borrowers to these programs and get paid for every application they submit. I know they have profited by at least what I owe as back payments on my loan by as many times as I have been submitted to these programs. This is drastically still affecting the housing market, and pushing good people to lose their homes. Something needs to be done about this. People need to band together to press this issue through the justice system and stop being bullied and taken advantage of and losing their entire livelihoods from these practices.
I know I can not be the only one who is in this situation.
This report was posted on Ripoff Report on 05/01/2014 06:26 AM and is a permanent record located here: http://www.ripoffreport.com/reports/nationstar-mortgage/nationwide/nationstar-mortgage-bank-of-americafirst-franklin-improper-and-possibly-illegal-business-1143167. 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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