Substitution of Trustee

moretrouble

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Nov 14, 2009
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I just checked the county auditor for any more paperwork and the SOT is not longer there. I'm assuming somebody from BofA saw that MERS and Recontrust can't foreclose in Washington State and removed the SOT. By the way, can a bank just remove a document from the public records if it doesn't benefit them?
I don't know how you can remove a document from public records. There maybe a procedure. My (fraudulent) Substitution of Trustee from Bank of NY to Recontrust still in the County Records. Bank of NY is supposedly the NEW beneficary assigned from Ameriquest in 2010; However, Ameriquest folded shops on 2007. Somnehow they found an employee from a defunct company to do assignments. What a bunch of crooks.
 

Jeffrey L. Shurtliff

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Dec 4, 2010
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The banks have power and will not be prosecuted for misconduct in violating the foreclosure provisions of your state. When they do, they are in contempt of the National Mortgage Settlement. It depends on your attorney general whether or not they will prosecute contempt. It will not happen though. Most documents recorded remain recorded in the county recorder's office and cannot be removed. A release is recorded to neutralize the Documents power. However the bank recording a document that is not in compliance with the Court Ruling can be removed by the Recorder itself.
 

stephanies

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Jan 24, 2011
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I just checked the county auditor for any more paperwork and the SOT is not longer there. I'm assuming somebody from BofA saw that MERS and Recontrust can't foreclose in Washington State and removed the SOT. By the way, can a bank just remove a document from the public records if it doesn't benefit them?
SIS, they are not suppose to be able to do so... even if they did the incorrect SOT, they would need to file a new one...sometimes you need to either check under your name, as well as your parcel number... it might not be under your name, but your parcel number, and is still there?

there are avenues for you to fight, and I agree, I was told that it will be a minimum of a $5000 retainer for an attorney to even take up the matter, due to the number of hours involved at a minimum, but there are other things that you can do... I would make a visit to your recorders office, ask to speak to the recorder of your county and tell them your concerns.... also email the DOJ and the WA attorney generals office and file a complaint... lastly, there is a oversight monitor of the settlement that you can file a complaint with....

some quick facts about how you can also fight this on your own for time... the WA law requires that they first send you an official preforeclosure Meet and Confer letter... if you respond within 30 days, they might not grant you a meeting ( mine have not yet on 3 occasions in the past 6 months ) but they have to legally hold off on sending you the NOD for 90 days after the date of their meeting letter... and if you contact a housing counselor after you get that meet and confer letter, they will make sure that you get your face to face meeting. If you do get a NOD, and it is your primary residence and you got your "pre foreclosure letter", the bank must wait 150 days from NOD to TS, and if you request mediation, thats another 3 months right now, so you can count on 8 months from the time you get your NOD, before your TS, if you request mediation....in mediation, you have to have an attorney or housing counselor represent you, and you might be able to get some better results if you do have to give up the home, vs going it on your own.....Good luck!
 

StuckInSeattle

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Aug 2, 2012
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SIS, they are not suppose to be able to do so... even if they did the incorrect SOT, they would need to file a new one...sometimes you need to either check under your name, as well as your parcel number... it might not be under your name, but your parcel number, and is still there?

there are avenues for you to fight, and I agree, I was told that it will be a minimum of a $5000 retainer for an attorney to even take up the matter, due to the number of hours involved at a minimum, but there are other things that you can do... I would make a visit to your recorders office, ask to speak to the recorder of your county and tell them your concerns.... also email the DOJ and the WA attorney generals office and file a complaint... lastly, there is a oversight monitor of the settlement that you can file a complaint with....

some quick facts about how you can also fight this on your own for time... the WA law requires that they first send you an official preforeclosure Meet and Confer letter... if you respond within 30 days, they might not grant you a meeting ( mine have not yet on 3 occasions in the past 6 months ) but they have to legally hold off on sending you the NOD for 90 days after the date of their meeting letter... and if you contact a housing counselor after you get that meet and confer letter, they will make sure that you get your face to face meeting. If you do get a NOD, and it is your primary residence and you got your "pre foreclosure letter", the bank must wait 150 days from NOD to TS, and if you request mediation, thats another 3 months right now, so you can count on 8 months from the time you get your NOD, before your TS, if you request mediation....in mediation, you have to have an attorney or housing counselor represent you, and you might be able to get some better results if you do have to give up the home, vs going it on your own.....Good luck!
After some more research I found it, I was searching previously for Grantor = My name and was able to find it, now the Grantor is MERS, which is why I couldn't find it at first.
 

moretrouble

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Nov 14, 2009
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After some more research I found it, I was searching previously for Grantor = My name and was able to find it, now the Grantor is MERS, which is why I couldn't find it at first.
The Bank will do whatever is neccessary to faciliate the foreclosure. My Grantor was Bank of NY Mellon first then Recontrust and then Bank of NY Melon again. They will record document to make the foreclosure legal but will not tell you what they record. You havet o go down the County Record Office and find out yourself. They turn the County Recorder Office into a crime scene pretty much.
 

StuckInSeattle

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Aug 2, 2012
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The Bank will do whatever is neccessary to faciliate the foreclosure. My Grantor was Bank of NY Mellon first then Recontrust and then Bank of NY Melon again. They will record document to make the foreclosure legal but will not tell you what they record. You havet o go down the County Record Office and find out yourself. They turn the County Recorder Office into a crime scene pretty much.
No kidding, I have to do 4 different searches to find info on my loans. I'll head down to the recorder office this week and get the info I need.
 

StuckInSeattle

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*UPDATE*

My last update, on the 20th, got deleted so I'm going to repost. I had originally received my "meet and confer" letter from Nationstar on Oct 23rd and responded by certified mail and on the phone within the 30 days (Nov 21st). The NOD is not supposed to be issued for 60 days, which I'm assuming is from the date I respond, which should be Jan 21st or is it from the date the 'meet and confer' letter was issued? ... any confirmation on this? Anyway, the NOD is early regardless.

I called Nationstar this morning and they said it's normal for the NOD to be sent out and that my account is now in active foreclosure. I tried explaining the Washington State law but it was like talking to a brick wall, they said that I was getting confused. Anyway, I just got off the phone with a HUD Counselor and they confirmed that Nationstar is not following Washington State law and that I should get an attorney since it's now become a legal matter. So off to find a pro bono attorney, if those exist anymore. I'm still not convinced shelling out money for an attorney, when I'm going to lose in the end anyway, is the best.
 

Jeffrey L. Shurtliff

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Dec 4, 2010
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*UPDATE*

My last update, on the 20th, got deleted so I'm going to repost. I had originally received my "meet and confer" letter from Nationstar on Oct 23rd and responded by certified mail and on the phone within the 30 days (Nov 21st). The NOD is not supposed to be issued for 60 days, which I'm assuming is from the date I respond, which should be Jan 21st or is it from the date the 'meet and confer' letter was issued? ... any confirmation on this? Anyway, the NOD is early regardless.

I called Nationstar this morning and they said it's normal for the NOD to be sent out and that my account is now in active foreclosure. I tried explaining the Washington State law but it was like talking to a brick wall, they said that I was getting confused. Anyway, I just got off the phone with a HUD Counselor and they confirmed that Nationstar is not following Washington State law and that I should get an attorney since it's now become a legal matter. So off to find a pro bono attorney, if those exist anymore. I'm still not convinced shelling out money for an attorney, when I'm going to lose in the end anyway, is the best.
Referencing Post #2 When the bank shows misconduct from not following the provisions governing them, then it is the system that must correct it. You have no right to private action concerning violation of state provisions. This is your attorney general's job.
If you did get an attorney you would have to file a TRO to stop the forclosure sale of your property, BUT you must show damage. The violations of the Bank in regard to the governing provisions, do not damage you as you have defauted on your mortgage. You defaulted first so you breached the Deed Of Trust. This is how the court looks at this. I have first hand experience in litigation regarding the violation of provisions.
 

StuckInSeattle

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Good point, there isn't any damage to me and I'm not expecting to sue them or anything, but, in reality, they did not follow state law. I would think an attorney might be able to get the the NOD cancelled for a bit, which buys me more time to either get a modification with Nationstar or save money and move.
 

Jeffrey L. Shurtliff

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Dec 4, 2010
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Good point, there isn't any damage to me and I'm not expecting to sue them or anything, but, in reality, they did not follow state law. I would think an attorney might be able to get the the NOD cancelled for a bit, which buys me more time to either get a modification with Nationstar or save money and move.
The angle I see here is after foreclosure, an unlawful detainer would be brought against you if you do not leave the property. In an unlawful detainer, the bank must show proof of ownership and this ownership would be the Trustee's Deed. You could ask for dismissal on the grounds the deed is erroneous ,as a NOD was brought to early violating state law. The Trustee's Deed if it has language in it that shows an early recording, then it could be shown to be erroneous and is therefore groundless......Jeffrey
 

stephanies

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Jan 24, 2011
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SIS, yes you do have rights here in WA in that the servicer is legally obligated to follow the process... I would not wait until the NOTS is filed, but also, a housing counselor is the one that is suppose to help you, so I am surprised that whoever you spoke with 'passed the buck' persay ( I think most are not experienced, vs an attorney would help you negotiate any mediation and make sure that they follow the laws )

Again, frankly, they denied you about 30 days, which will not bode well for them in mediation... but if you really want to have ' your day in court', you need to be able to do so in mediation... just know that a condition of mediation is that you are willing to submit your financials for a modification with the true owner of your loan, if the criteria is met... if you request mediation through a housing counselor or attorney, they will assign a mediator within 10 days, you then have about 20 days to submit your financials, the bank has another 20 or so days to review etc, and the mediation session is typically 80 days or so after a mediator is assigned... if the mediator does not feel that either party is being sincere in mediation, then the mediator can recommend that it be cancelled, just prior to the session happening.... so it still buys you about 90 more days, after the mandatory 150 days from NOD to NOTS.

What you need to be concerned about is that the servicer does not follow the FC process either, and the only way to insure that that does not happen is most likely a really good counselor ( not easy to find out if your counselor is good ) OR an attorney that is familiar with this in the Seattle area... there are two that I know of that are suppose to be very knowledgeable, but its still a pretty thin list here in WA state... there is no money in it for most attorneys, unless it is also partnered with a bankruptcy at the same time for them.

But I would definitely contact the AG's office and file a complaint- so it gets on their radar... also send a letter to Maria Cantwells office....to have them look into the matter... again, the more of us who stand up to this injustice, the louder our voice becomes... also send an email to the guys at Pro publica that have been covering this, and let me know how else we can help you... just make sure that you get the 150 days, plus 90 days that you are legally entitled to!!

Good luck..
 

StuckInSeattle

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Aug 2, 2012
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Hi stephanies - I did file a complaint with the AG, I'll send a letter to Cantwell's office as well... good idea. Also, I talked to Vonnie McElligot at NW Trustee today, I was really surprised she called me back. She told me that Nationstar said we didn't request a meeting which is why the NOD was issued. She also mentioned that I couldn't request mediation until the NOD was issued, which I didn't know. The first 60 days are just between the lender and the borrower. So I faxed her the 'meet and confer' letter and my response, to prove that I should've gotten 60 days before the NOD was issued... we'll see where this goes. I contacted an attorney today but unbelievably he said he was too busy and couldn't help me, I'll keep you looking around. Below is the letter I sent to NW Trustee, if anybody is interested.


December 21, 2012

xxxxxx

Attn: Vonnie McElligott

Attached is the paperwork you requested, the initial “Important Rights For Homeowners†dated Oct. 23 and my response to have the extra 60 days to work out an arrangement, dated Nov. 16[SUP]th[/SUP]. I sent this letter certified mail and it was received and signed for on Nov. 20[SUP]th[/SUP]. I also talked to a Nationstar representative on Nov. 21[SUP]st[/SUP].

The Loss Mitigation Form attached is marked as “The Beneficiary’s authorized agent has contacted the borrower under, and has complied with RCW 61.24.031†We have not been contacted by Nationstar one time since they took over the servicing of our loan from Bank of America. Nationstar is not following Washington State Law.
I would like to have this NOD rescinded and have the extra 30 days to work out some kind of modification or refinance so we can keep our house.

Thank you,
xxxxxx
 

StuckInSeattle

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Hey stephanies, I have another question for you. Since Washington State has ruled that MERS can not be a beneficiary in a Washington State DOT, what would that mean for Appointment of Trustee recorded docs prior to the decision from the Supreme court? Since MERS now lacks the power to appoint a trustee, does this decision make all appointment of Trustees void or just going forward? I have recorded docs where MERS gave all beneficiary rights to BAC home Loans (signed by a lawyer from NW Trustee as a VP of MERS, but that's another story) and BAC Home Loans appointed NW Trustee as trustee so they could attempt to foreclose in 2010.
 

stephanies

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Jan 24, 2011
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Yes, I have the same thing, where B of A had "MERS" assign both my first and second out of their name as 'beneficiary in Dec 2011 and Sept 2012... prior to the ruling...

Where it gets a bit murky is what you are referencing... they can't be a beneficiary, or foreclose on a homeowner, but can they still assign your loan to someone else, like B of A, who will do the same thing... to challenge the assignment that they made on their loan, you almost have to take it into a court of law to get that assignment null and void....otherwise, they can just have the new 'beneficiary' assign a trustee ( like NW trustee )....the docs that are doing so are coming out of Core Logic, which is a third party 'robo signing' operation that either did not get the 'memo' or does not care... I think that B of A is betting on 99.9% of homeowners not knowing their rights Nor challenging them on the MERS assignment.... the WA supreme court stopped short of deliberately answering the last question as to what legal damages were a result of MERS being the beneficiary on the DOT in our state... they left it up to each homeowner to try and determine .....and then attempt to litigate the issue.... which would be expensive and a long shot to do so, which the supreme court had to know.. but it is pretty amazing that they made the decision that they did, but unfortunately each of us need a really good attorney to prosecute the breaches by B of A here....

You might want to get the attention of someone high up in the B of A executive branch, and bring your situation to their attention, the conflict of interest by the MERS assignments, and you just want B of A to do right by you and your family and work with you.....

Its a slippery slope, and I believe that MERS will just now be the middle man here, and try to pass off more loans to subservicers and trustees to begin foreclosing, thinking as long as its not in the name of MERS, they are 'safe' per the new WA state ruling....

To answer you question, yes, it should make your assignment back when 'void' and taint everything since then, its just how you bring this up in the right venue to get the result that you need, vs. giving B of A time to drop the fraudulent assignment by MERS, and reassign... what we really need to get our hands on is what is called the MERS MILESTONE report... which is the internal report at MERS that tracks every action your loan has taken since inception with MERS, but that they only hand over in a court of law, when mandated to by the judge....

What do you think your best next move would be?
 

StuckInSeattle

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Aug 2, 2012
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BofA sold the servicing rights, during a modification, to Nationstar Mortgage and Nationstar has been absolutely no help, when I talk to them about sending an NOD early they think I'm mixing up a statement with a NOD... I'm done with them, for now. The NOD that was issued doesn't mention MERS at all, this is obviously their way of getting around MERS not being a beneficiary, the NOD mentions Freddie Mac as the investor and Nationstar as the beneficiary, which is the first time they are mentioned, Freddie Mac, on any of my paperwork since 2005. I've contacted the AG, Maria Cantwell (that was your advice, thanks), NW Trustee and a HUD counselor. I finished filling out the paperwork for HUD and I'm going to send that in the next couple of days. My request to have the NOD rescinded has gone unanswered so far, which I figured, being the holiday season and all. I'll keep you updated.
 

StuckInSeattle

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Aug 2, 2012
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Quick Update

I sent an email late last week to the VP of Foreclosure at Nationstar and the CEO of Nationstar, cc'd the AG office and a HUD counselor that I've been in contact with. I explained my circumstance and that Nationstar was not following state law by issuing the NOD early. I received a response by phone and yesterday received modification papers. I have to have the paperwork to them by Jan. 22nd, which would be the 60 days that I'm supposed to work with the lender. I'm not sure if this means the NOD is rescinded until the end of Jan., which is what I'm looking for right now. I'm going to call NW Trustee tomorrow and see if the NOD, was in deed, rescinded.
 

StuckInSeattle

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Aug 2, 2012
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*update*

I was able to get the NOD stopped, for now, and to be honest I'm not sure what that means. I talked to NW trustee and there is no action on our NOD at this time, according to them, but nobody has actually said the NOD has been rescinded. If they want to act as if I'm not talking to them and with no care of Washington State law I could possibly get a NOTS on Jan. 22nd, even though I have modification paperwork to send on that day as well. I plan on sending in the paperwork late next week. I noticed today there was an assignment of Deed of Trust recorded to give all beneficial interest to Nationstar MTG from Bank of America, with MERS as the original lender, which is, of course, not correct as it was Countrywide and BAC Home Loans. The doc was signed by David DeWaare, who I've already found different signature styles from. Not sure where this is going to go from here, I feel I want to start with the Trustee, who is NW Trustee, and see if they actually have my original note and DOT.. any ideas? I asked this before but I'll ask again, should Nationstar have to appoint a trustee now? Can the trustee who was assigned in 2010 from BAC home loans still be able to oversee the foreclosure process?
 

stephanies

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Jan 24, 2011
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*update*

I was able to get the NOD stopped, for now, and to be honest I'm not sure what that means. I talked to NW trustee and there is no action on our NOD at this time, according to them, but nobody has actually said the NOD has been rescinded. If they want to act as if I'm not talking to them and with no care of Washington State law I could possibly get a NOTS on Jan. 22nd, even though I have modification paperwork to send on that day as well. I plan on sending in the paperwork late next week. I noticed today there was an assignment of Deed of Trust recorded to give all beneficial interest to Nationstar MTG from Bank of America, with MERS as the original lender, which is, of course, not correct as it was Countrywide and BAC Home Loans. The doc was signed by David DeWaare, who I've already found different signature styles from. Not sure where this is going to go from here, I feel I want to start with the Trustee, who is NW Trustee, and see if they actually have my original note and DOT.. any ideas? I asked this before but I'll ask again, should Nationstar have to appoint a trustee now? Can the trustee who was assigned in 2010 from BAC home loans still be able to oversee the foreclosure process?
SIS, I would not trust NW trustee at this point... it appears that they are getting your paperwork in order, since a recording just happened.... you need your housing counselor to formally request MEDIATION... that is the only way that you will know the status of your mod... DO NOT send in the mod papers on your own to the bank or the trustee... the counselor needs to do so.. if you request mediation now, you will have to go through mediation BEFORE they can issue the NOTS... this is really important that you request mediation BEFORE the NOTS might even be issued... it will force them to mediate with you, and give you another 90 days before the NOTS can even be issued, which will then give you another 120 days...

Mediation with the housing counselor acting on your behalf is free, and you will have to pay around 200 for the mediation itself

Dont trust that your NOD is rescinded... the recording alone says that it is not, and that they are actively getting your paperwork in order....

The only way that you will see justice here is in mediation... and when your counselor formally requests it... thats when you will find out the CORRECT and legal status of your NOD...

GOOD LUCK and please request mediation as soon as possible... don't wait until the NOTS might appear...
 

StuckInSeattle

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Aug 2, 2012
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Thanks stephanies, I'll send in the paperwork today to the counselor I've talked to and get mediation set up.
 

StuckInSeattle

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Aug 2, 2012
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SIS, I would not trust NW trustee at this point... it appears that they are getting your paperwork in order, since a recording just happened.... you need your housing counselor to formally request MEDIATION... that is the only way that you will know the status of your mod... DO NOT send in the mod papers on your own to the bank or the trustee... the counselor needs to do so.. if you request mediation now, you will have to go through mediation BEFORE they can issue the NOTS... this is really important that you request mediation BEFORE the NOTS might even be issued... it will force them to mediate with you, and give you another 90 days before the NOTS can even be issued, which will then give you another 120 days...

Mediation with the housing counselor acting on your behalf is free, and you will have to pay around 200 for the mediation itself

Dont trust that your NOD is rescinded... the recording alone says that it is not, and that they are actively getting your paperwork in order....

The only way that you will see justice here is in mediation... and when your counselor formally requests it... thats when you will find out the CORRECT and legal status of your NOD...

GOOD LUCK and please request mediation as soon as possible... don't wait until the NOTS might appear...
I sent the paperwork to my HUD counselor and they will receive it tomorrow, I also applied for HAMP and have faxed that paperwork over to Nationstar. Nationstar has responded to my letter about receiving the NOD early, see below. I'm hoping it will take them at least a month to deny my modification, or for me to deny when they offer a terrible modification, which I'm fully expecting. I will then request mediation.

We have been informed of your correspondence regarding the above referenced case number. We take all matters such as this seriously, and in that regard, completed a thorough review of the account with consideration to the issues cited in your email. Please know that our executive management team has been notified of the issues cited and have addressed your concerns within the appropriate department channel.

Regarding your concern to prevent foreclosure, please know the Notice of Default does not prevent you from applying for a modification. As stated in your conversation, there is no foreclosure sale date at this time however, it is in your interest that Nationstar receives your completed packet as soon as possible.

Please know your previous Foreclosure Prevention Specialist, William Fulk, is no longer employed with Nationstar. As stated in your conversation on January 2, 2013, Mr. Hrubetz is your current Foreclosure Prevention Specialist. You may contact him directly at (469) 549-3243 for any questions related to your modification process. Once all the required documentation is received Mr. Hrubetz will expedite your documents for approval.

Nationstar Mortgage LLC (“Nationstar”) strives to deliver exceptional customer service and we regret if you have received anything less. Rest assured that Nationstar makes a continued effort to ensure high quality and accuracy when it comes to responding to all requests in order to maintain transparency and excellent customer service.

Thank you.

 
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