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Nationstar Mortgage Failure to Answer Account Questions RESPA Class Action

The complaint for this class action claims that Nationstar Mortgage, LLC did not fully respond to a borrower’s questions about her mortgage, in violation of the Real Estate Settlement Practices Act (RESPA).

The class for this action is all persons who sent qualified written requests for information about their mortgage loan account payments and charges, since June 30, 2015, to which Nationstar did not completely or comprehensibly respond.

Plaintiff Paulette Rakestraw took out a federally-related mortgage on a home on April 1, 2004. The lender was American Mortgage Network, Inc. The servicing of the loan appears to have been done earlier by other parties, but later was done by Nationstar.

Rakestraw paid the loan in full, and the Cancellation of Deed to Secure Debt was issued on June 11, 2018.

As she neared the end of her mortgage, the complaint says that she sent “qualified written requests” to Nationstar on three different occasions: November 28, 2017, January 1, 2018, and May 4, 2018. In these requests, she asked for a “[c]omplete payment history that includes an explanation and breakdown of all charges and credits applied during the life of the loan,” dating back to its origination.

The complaint claims that Nationstar did not properly answer the requests. First, it said, Nationstar failed to provide information for most of the years before it became the servicer of the loan, and second, it failed to provide comprehensible explanations for some of the charges and credits it did show. Instead, the complaint says, explanations for some of the charges or credits were cryptic notations such as “Corp Advance Adjust,” “Corp Adv Disp,” or “DecCorp Adv Deferred I.”

Rakestraw sent qualified written requests to Nationstar, on March 26 and April 16, 2018, in which she asked for “an explanation and detailed breakdown” of all Bank of America payments and of all escrow payments since the beginning of the loan. Nationstar did not provide these.

Again, Rakestraw wrote to Nationstar on May 27, 2018 asking for an “explanation and detailed breakdown of all Countrywide, BofA, Nationstar and Mr. Cooper charges and credits on my account history” and a “legible and comprehensible breakdown of the account history or a code sheet to be able to interpret the account history.” Nationstar did not provide this information.

As to explanations from Bank of America, Nationstar said, “Unfortunately we could not provide one for Bank of America, as it is not legible and you will need to reach out to them directly.” Although it did later send her a legible copy, it said that it was unable to provide a code sheet or otherwise account for a prior servicer’s recordkeeping.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Nationstar Mortgage Failure to Answer Account Questions RESPA Complaint

June 29, 2018

The complaint for this class action claims that Nationstar Mortgage, LLC did not fully respond to a borrower’s questions about her mortgage, in violation of the Real Estate Settlement Practices Act (RESPA). She was requesting a payment history, including information about charges, credits, and escrow payments.

nationstar_respa_complaint.pdf

Case Event History

Nationstar Mortgage Failure to Answer Account Questions RESPA Complaint

June 29, 2018

The complaint for this class action claims that Nationstar Mortgage, LLC did not fully respond to a borrower’s questions about her mortgage, in violation of the Real Estate Settlement Practices Act (RESPA). She was requesting a payment history, including information about charges, credits, and escrow payments.

nationstar_respa_complaint.pdf
Tags: Failure to Provide Proper Info on Mortgage, RESPA, Servicing Your Mortgage