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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111466
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a 74 y/o Viet Nam Widow, with a handicapped 13 y/o

Customer Question

I am a 74 y/o Viet Nam Widow, with a handicapped 13 y/o daughter still at home. I bought a home in Dec. 2010, in Marlin, TX.
BOA apparently sold my Mtge to NationStar. While the LAW REQUIRES BOA to notify me at least 15 days prior to selling or transferring, and NationStar is required to notify me no more than 15 days AFTER the change, I was never notified. My Mtge. pmt was "Auto-Paid" from my BOA cking. Acct. on 1st of each month. For 4 1/2 years everything was fine. Then on May 30, 2014, I get a notice from NationStar (never heard of them), saying my May 1st pmt. is in DEFAULT! And they were gong to begin foreclosure if I did not pay them $1025.58 by May 31st (the next day which was Sun. AND Memorial Day weekend!) Note: My payment was only $462.62 per month! And there was over $1,000 in my account, waiting for the Auto-Pay.
On June 2nd, Tues., I called NationStar to inquire as to who they were and what was going on. I got NO where! They were uncooperative and demanded I pay over the phone or else! When I asked why I was not notified as to the change, I was told that , "We do not send out welcome letters to everyone." When I told him it was NOT an OPTION, and read the LAW to him, he just repeated what he had said. I got the same response from BOA.
At first it appeared the change took place on May 2nd, due to BOA stating the reason they did not pull the $462.62 payment on May 1st, was ". . because we were going to sell the note the next day." Like that has anything to do with it. They owned on May 1st, they had agreed to take the pmt. out and apply it on the 1st. day of EVERY month. Who cares what they WERE going to do later on?
I had no way to know to change pmt. arrangements if no one told me! I changed the Auto-Pay to NationStar, authorizing them to take ONE payment for $462.62 for the May 1st. pmt. that BOA failed to take care of, and then a second $462.62 pmt. for the now due June pmt.
I did not hear anything more, until July 28th, another form letter- Your JULY 1st pmt. is in DEFAULT, and if you do not pay $1,025.58 in 3 days we will begin foreclosure! In less than 8 wks. they got it messed up again! I went online, and scrolled up too far, and I saw that in JUNE, they not only did NOT remove the exact amounts I authorized, (2 separate pmts. of $462.62), they removed one payment of $1,025.58 ($100.34 more that the $925.24 it would have been for TWO $462.62 pmts!)
I live on my retirement, and I do not have an extra $100+ to let someone STEAL from me! So I had to contest the bulk pm. and sent NationStar TWO checks - #751 for May and #752 for June. I received a letter from BOA on June 16th showing the "Escrow account from "May 2014 up to JUNE 2015, when you either paid off your loan or changed servicers." That means the change occurred in JUNE, not MAY 2nd! And since I did not pay it off, that means the change was in the servicer . . .?
This does not meet the requirements of "Notification". I still as of this date (8-08-26-2015) have not been notified as to WHAT change was mage and where to send the payment! In examining the Escrow info, I saw that BOA had never adjusted the amount put into it each month, to ensure there would be enough at years end to pay the Ins. and Tax.
So when I sent the two checks to NationStar for May and June, I upped the amount from $462.62 to $489.70, to take care the shortage. I then scrolled down to July 1st to see if my July pmt. had been made - YES! On July my BOA statement does show that NationStar had received my July 1st pmt.! Yet, on July 28th, I received a letter (dated 7-21) stating they did NOT get it!
Then the NEXT DAY, on July 29th, I receive another letter from NationStar (dated 7-20-15) stating they DID get a $462.62 pmt. (in teeny-tiny print at the very bottom of the page, and showing they applied 100% of the payment to the PRINCIPAL, and nothing to interest, Taxes, or Insurance! Then they claim they did not get a July 1st pmt.!
Due to my raising my payment, I made out a new Auto-Pay for $489.70 to be paid on the 4th of each month, so I will not be short when it is time to pay Tax and Insurance. Now, on August 4th, NationStar took out my May pmt. for $489.70, as authorized, BUT - they also took an additional $482.69 also on Aug. 4th, which I did not authorize! BOA is giving me trouble in restoring that amount to my account - it left me with only $6.12 to live on for the month of Aug. - and I have a child still at home . . .
I cannot get ANY one in Gov., or elsewhere that will help me! I can not take any more of this! Please someone help me! SUsan
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking or educational purposes only.

You do understand we cannot actually represent anyone from this site, so we cannot make any calls on your behalf? We can only provide information to try to guide customers through their situation.

If that is sufficient, we can proceed. If so, please tell us exactly what you have done so far to try to recover your additional money they should not have taken?

Customer: replied 1 year ago.
I contacted cfpb, oag, lt.gov., gov, Texas Dept. of Savings & Mortgage Lending, Tex. Banking Assoc, State Reps, Congressmen, - a totyal of 32people/agencies. It appears that there are far too many types of "Money Stores", and no ONE agenct that is in control of ALL of them - they need one big bad guy at the top, with a big hammer, and when they mess up, splat! you are out of here! Instead, it is akin to a city with NO ADULTS! They break all the LAWS, Regulations, etc., and even admit to it, because they know no one will punish them!
I need to know WHO I can contact to sue both BOA and NationStar. They have RUINED my credit and my life. I cannot sleep or eat, all I think about iscalling and searching for a solution!
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The one place you did not go and who has the authority to investigate and pursue an unfair and deceptive business practice claim in Texas is the Texas Attorney General Consumer Protection Unit.

However, if the Texas Attorney General cannot help, you still have recourse under the Texas Unfair and Deceptive Practices Act under which you could sue them in court for all of the damages they have caused you PLUS up to three times that amount plus attorney's fees for violating the Unfair and Deceptive Practices laws. So you do have recourse against them, but if the Attorney General cannot resolve it, you have to go to court to pursue them and because attorney's fees are part of the claim, most consumer protection law attorneys (those who handle unfair and deceptive practices claims) will take the case without any money up front.