Nationstar Mortgage Corporation is the lender that filed suit against a homeowner who was behind on his payments. Nationstar contends that the payments were late and did not add up to the total principal balance owed on the home. The plaintiff’s challenge was thrown out by the lower court, but now the legal battle continues. Below are some details of what happened in the Nationstar case and what can expect in the months ahead.
Nationstar filed suit against the homeowner in January of last year.
It sought a judgment in court to recover its funds that it claimed was lost when the defendant defaulted on a loan. According to Nationstar, the defendant did not own the property at the time of default. The lender claims that the defendant failed to make payments on time because it was unable to obtain financing from other sources.
The bank claims that it is duty bound to pay the monthly mortgage payments to Nationstar. However, this does not mean that the lender is liable for paying the mortgage in full. The company claims that it has the right to demand all monies owed to it. If Nationstar cannot comply, it is willing to pursue legal action. If the case drags on, Nationstar may seek legal actions in county court or the Federal Court.
Nationstar was one of several lenders trying to do business in a troubled economy.
Foreclosure and the loss of jobs have helped cause a slowdown in mortgage loans and home buying. Nationstar has been active in working with banks and other lending institutions to try and facilitate loan modifications. Loan modifications allow delinquent borrowers to catch up on past due payments through extended terms and reduced interest rates.
The legal challenge revolves around whether or not the lender has the right to sue the debtor for past due payment. It is not uncommon for legal challenges to be decided on the basis of fraud or breach of contract. In this case, the lender has sued the borrower for breach of contract and fraud. The case has been filed in U.S. Bankruptcy Court.
Nationstar has received numerous complaints over their handling of loan modifications.
Some homeowners claim that they were not given proper guidelines on what payments they should make. They were told by the bank that they could not afford to make the higher payments. Others claim that they were never made clear what would happen if they left the property. In the end, many of these homeowners were forced out of their homes and are now attempting to refinance.
Nationstar’s mortgage lawsuit comes at a time when foreclosure is becoming a much more common problem.
Loan modifications are becoming harder to get approved for and sometimes even more difficult to complete. Nationstar is no stranger to loan modification requests. In fact, Nationstar is one of the largest and most successful loan modification companies in the country.
The mortgage lawsuit is not the only issue concerning this company. Nationstar is currently facing a conflict of interest due to the way they are currently awarding their clients. This controversy may be used as an opportunity for critics of the company to attack their handling of loan modifications.
During the past two years, Nationstar has helped hundreds of homeowners who applied for a loan modification through their program.
The goal of these homeowners was to save their home from foreclosure. In some cases, the modification request was denied. However, Nationstar stood behind its clients, stating that in their opinion, the loan modification requests were handled appropriately.
If the homeowners’ appeal for a modification was denied, Nationstar would still stand behind its workers. The company believes that it is their duty to stand behind each and every client who apply for a modification. Nationstar employees have even been threatened with lawsuits. However, Nationstar states that it will not resort to such harsh measures. Nationstar is aware of the situation and has offered to resolve it with the lender or in court if necessary.
It may be some time before the Nationstar mortgage lawsuit ends. However, the company hopes that it has at least helped to make homeowners more aware of what steps they must take if they want to obtain a loan modification. As the economy continues to recover, lenders are likely to be more lenient. Eventually, homeowners will either get a loan modification or find a new mortgage company.