Date Received: 2018-12-10
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: Parties : Ocwen LLC and XXXX XXXX XXXX. Jurisdiction : California Issue : Ocwen/XXXX XXXX cancelled my HAMP modification agreement, a program regulated by the U.S. Treasury and HUD that expired in XX/XX/2016. ************* Background : I applied for a HAMP Loan Modification in XX/XX/2016. Ocwen approved my application and sent the HAMP Agreement for signature after I had met the required trial payments. I signed and returned the Agreement to Ocwen in their own postage-paid envelope, completing the HAMP modification process. I made 3 additional monthly payments on my modified mortgage. Then in XX/XX/2016 Ocwen cancelled the HAMP Agreement citing bogus reasons that they had not received the signed agreement. I sent them my copy of the signed agreement but Ocwen refused to recognize we had concluded a contractual performance and had a binding agreement. Ocwen then refused to apply the 3 mortgage payments to my account that were made post the modification period and suspended those payments into a " Suspense account ''. Ocwen also refused to accept any subsequent mortgage payments and began foreclosure on my property. In conclusion : I applied to the HAMP program and Ocwen offered to modify the loan, I accepted the terms of the modification and made the required trial payments timely ; Ocwen accepted and received the trial payments and credited my account. Ocwen sent a written HAMP agreement for my signature and I signed it and returned it in their own envelope as instructed. We had an offer, consideration, acceptance and performance of the terms of the HAMP modification. Ocwen sent a letter dated XX/XX/2016 stating that the modification had been " Denied '' the use of this language is inapplicable because the modification had been accepted and fully performed and the event had concluded and therefore it could not be " Denied '' after all the terms had been performed timely and accepted by Ocwen and myself. The letter used the term " Denied '' to communicate that they were CANCELLING the HAMP contract. Ocwen continued to misapply language by using term " Denied '' and did not answer the question that their actions may have breached a HAMP contract. The terminology Ocwen uses hides the existence of the binding HAMP Agreement. Ocwen has not corrected this problem and has not stopped foreclosure proceedings on my property ; if they succeed in foreclosing they would by fraud be civil theft as I have more than 50 % of the mortgage is paid on my the home. Ocwen and XXXX XXXX have a prior history of these actions ; under the then Attorney General of CA, the Honorable XXXX XXXX, they were suspended from doing business in California. Ocwen and XXXX XXXX and XXXXXXXX XXXX XXXX conduct of wrongdoing has caused me substantial economic harm and put the welfare of my family in jeopardy.
Company Response:
State: CA
Zip: 95628
Submitted Via: Web
Date Sent: 2018-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX AND XXXX XXXX I AM HAVING PROBLEMS WITH MY MORTGAGE COMPANY. I MAIL MY PAYMENT EACH MONTH AROUND THE XXXX OF THE MONTH. THE COMPANY ALSO HOLDS MY PAYMENT LESS TWICE A MONTH OUT OF A YEAR TO KEEP ME FROM DOING A REFINANCE. ALSO, I HAVE BEEN IN THIS MORGAGE FOR OVER 14 YEARS AND NOTHING IS GOING TOWARD PRINCIPAL. I WAS NOT AWARE THAT THE LOAN MODIFICATION HAS BEEN DONE 4 TIMES. I DID DO A MOD. ONCE, WHEN I HAD TO TAKE XXXX BUT NOT 4 TIMES. I HAVE BEEN IN THIS NOTE FOR OVER 14 YEARS AND SOMETHING SHOULD BE GOING TOWARD PRINCIPAL. I SHOULD BE HALF WAY THROUGH. BUT THEY SAYING I WANT BE THROUGH UNTIL XXXX. THAT IS NOT RIGHT. I HAVE CALLED MY MORTGAGE COMPANY SERVERAL TIMES COMPLAIN ABOUT THIS PROBLEM, NOTHING IS DONE. I NEED HELP WITH THIS PROBLEM. PLEASE ADVISE ON HOW TO RESOLVE THE PROBLEM.
Company Response:
State: TN
Zip: 383XX
Submitted Via: Web
Date Sent: 2018-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-10
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Ocwen claimed it foreclosed on the purported debt and received payment for delinquent months from XX/XX/XXXX-XX/XX/XXXXfrom the trustee. Question # 1 : Who is the holder in due course that Ocwen remitted the proceeds of the foreclosure to? Question # 2 How much was paid to the holder in due course? ALSO : State the date the title policy expired. Provide the satisfaction of mortgage certificate involving XXXX XXXX XXXX, XXXX and XXXX XXXX XXXX XXXX.
Company Response:
State: CA
Zip: 91001
Submitted Via: Web
Date Sent: 2018-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Ocwen responded to a complaint with the CFPB with errors of information. They stated that documentst are located in XXXX count records and they have mail me copies of the signed modification for XX/XX/2014 and XX/XX/2018. Ocwen stated they own the loan and the title of transfers are located in XXXX County and they have sent them to me. I have not received the documentation. I have asked OCWEN to provide the Lender on the home being they can not foreclose until they do. The Lenders they provied one was seized by the Federal Government XXXX XXXX The other Lender they provided is no longer in business XXXX and they sold the loan. I asking for all documentation to be sent to the CFPB as an attachment before OCWEN can move to foreclose on XX/XX/XXXX or XX/XX/XXXX 1 ) title of transfers from the orgination of the loan I show many possible times this loan has been sold without a chain of title. They own the loan they need to show every title up til OCWEN purchased the home 2 ) I am asking for the them to send to the CFPB the modification documentation showing we have an agreement where I reviewed the documentation of a new modificaiton contract with my signature. I am requesting XX/XX/XXXX signed documentation. I am requesting XX/XX/XXXX signed documentation of agreement. I agreed to the modificaiton. 3 ) Once again OCWEN is a debt collector trying to collect from an old debt that is pass the statuse of limitation. I am asking to OCWEN to show an active lender who has this loan. A trust is not an active lender. XXXX XXXX is not in my orginal documents and can not have the trust for the loan, As XXXX XXXX was and is still the trustee for the LOAN. I understand transfer of assignments, but not transfers of TRUST. Explain how a trust closes and then reopen and is assgined without my approval or signature being I had to approve it from the start once a trust is closed it is closed. 4 ) PLEASE provide the FDIC agent/department who assigned the Loan to OCWEN. The transfer of assignments happen in XX/XX/2015 9 plus years after XXXX an a transfer must be done within 30-60 days. Please explain?
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Ocwen is engaging in the prohibited practice of dual tracking while having received timely all the required documents and financial information from the borrower. Please see attached letter dated XX/XX/2018. Ocwen has failed to deliver required foreclosure protections. Ocwen is using faulty information in the servicing of this mortgage loan.
Company Response:
State: NY
Zip: 11580
Submitted Via: Web
Date Sent: 2018-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I will start with my medical situation as a base for what has transpired but not as an excuse only to illustrate timelines. I had some medical issues revolving around my XXXX which led me to originally fall behind on my loan and I eventually paid everything I was behind and continued on paying my mortgage. My health further declined recently after a XXXX XXXX. I chose to sell my home and move to a place that would allow me to be independent longer. After listing the property and realizing this diagnosis isn't the end and that I have many years left in me I approached Ocwen with the idea of getting a modification to help ease with my treatment costs etc. I will attache all of the documents I received from Ocwen and I was ecstatic and thankful when they gave me a loan modification. In XX/XX/2018 I was given a trial modification which had me making three payments 1st in XXXX, 2nd in XXXX, and 3rd in XXXX. I made all of these payments and continued making that payment amount. When Ocwen sent me a final modification I signed it and returned it asap. Ocwen eventually stopped taking my payments and told me it was because I didn't return the final modification!!!! What!!!! I was defeated I did literally everything asked and my prayers that were answered were now shattered. I am attaching the trial modification, the signed final modification, and the three statements I received from OCWEN when I was in my trial. The one to focus on is XXXX 's statement. Per my agreement it was to be {$5900.00} and they sent me one for {$38000.00}. After reviewing it and speaking to some friends that have experience it is my believe that Ocwen accidentally had me in a forbearance and not a trial modification, when the forbearance in their system was up I needed to pay $ XXXX and then subsequently I lost my modification and no one has been able to answer why other than it was not returned, which it was! Please help me square this away and let me get back on track, I can make the payment I just need help getting everything back in order as it was in XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MA
Zip: 019XX
Submitted Via: Web
Date Sent: 2018-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My name is XXXX XXXX and Ocwen has been my mortgage servicing company for approximately 10 years under loan # XXXX I am now unemployed as of XX/XX/XXXX, and Ocwen will not grant an unemployment forbearance/ modification since I participated in The HAMP Program 9 years ago. A forebearance is necessary in order to stave off foreclosure. This is my primary residence. Consequently, I would like to place a complaint against Ocwen. Additionally, every month I receive a bill from them which is extraordinarily high, meaning approximately 5 times the amount of my monthly mortgage payment. Kindly advise me of the next steps in this complaint process.
Company Response:
State: CT
Zip: 06708
Submitted Via: Web
Date Sent: 2018-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-03
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Have dealt with Ocwen through efforts of reps with XXXX and XXXX Ocwen will not accept loan mod packages and will not send out proper notices for any denials Refuses to speak to my third party
Company Response:
State: AZ
Zip: 85260
Submitted Via: Web
Date Sent: 2018-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We have additional questions regarding Ocwen Loan Servicing response on CFPB complaint # XXXX. Please answer the following questions below honestly and under penalty of perjury! These questions are completely different! 1st, Ocwen attorney XXXX XXXX stated in the CFPB complaint mentioned above, that " as a starting point, there is no investigation and the fact that borrower submitted another frivolous complaint the CFPB under the auspices of the identified issue as trouble during payment process does not create convert this to a CFPB investigation ''. Now, is Ocwen and there attorney aware that the CFPB excepts complaints from consumers, reviews all the complaints ( investigates ) for any and all violations prior to initiating a criminal complaint as the CFPB and the S.E.C just to name a couple, has done against Ocwen in the past? Is Ocwen and there counsel aware that if the CFPB does not find any violations, the CFPB closes the complaint? Is Ocwen and their counsel aware that the CFPB has an obligation to except, investigate all complaints that may violate federal laws such as the Fair Credit reporting Act, 12 CFR along with mortgage servicing rules just to name a few prior to initiating a criminal complaint in federal court? Now, the CFPB notified us in the past that page 2 of the complaint section reflects underneath the trouble during payment process, that this section is for loan servicers, payment processing and escrow accounts and that we needed to check this section, is Ocwen and their counsel aware of this? Is Ocwen and there counsel aware that there is NOT another section that deals with servicing issues and servicing requests? Now, Ocwen counsel also stated, " related to borrowers loan and it appears borrower simply wishes to harass Ocwen based on a personal dissatisfaction with a single credit reporting dispute that Ocwen resolved in a timely manner and consistent with applicable laws ''. Now, we are NOT harassing Ocwen, we want the truth and if Ocwen violated ANY laws, Ocwen must be held accountable for their actions! Furthermore ; Ocwen counsel said that there was a single credit dispute which means ( 1 ) dispute! Is Ocwen and their counsel aware that there has been multiple credit reporting disputes? Here are a couple of the CFPB disputes for your records, CFPB case # XXXX submitted on XX/XX/XXXX, CFPB case # XXXX which was submitted on XX/XX/XXXX and CFPB case # XXXX which was submitted on XX/XX/XXXX! Is Ocwen and their counsel aware that these complaints that we have filed for years do in fact fall under the CFPB jurisdiction??? As I stated in the previous complaint, response section, willfully knowing and providing a false statement to a federal agency is against the law and is un-ethical! Is Ocwen and their counsel aware that you just violated our laws by providing a false statement??? I also stated that the previous complaint needs to be sent to the FBI for investigation regarding willfully lying to a federal agency? I also feel that the Nevada State Bar needs to be informed of Ocwens counsel, providing a false statement to a federal agency! Now, why does Ocwen fail to report or report accurately when a dispute is going on? Does Ocwen feel that there policies are more important that consumer rights, our laws or what your company was required to do by being our mortgage servicer??? Now, is Ocwen and there counsel aware that Ocwen and the trustee ( XXXX XXXX XXXX ) must follow all the guidelines, rules, regulations regarding mortgage securitization, unlawful foreclosures ETC? Lastly, I warned Ocwen to respond to my inquiries and not there counsel. With this being said, more complaints against Ocwen will occur!
Company Response:
State: NV
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I obtained a roll to perm loan from XXXX XXXX XXXX. The construction period loan was closed on XX/XX/XXXX. Despite the construction being incomplete, XXXX XXXX XXXX requested me to sign a loan modification known as a Roll to Perm. This loan closed on in XX/XX/XXXX. I objected to payments, which were to be made from the funds not yet disbursed from the construction loan. Nevertheless, I made payments on a time basis to XXXX XXXX XXXX XXXX. In XX/XX/XXXX, XXXX failed and FDIC took over the banks assets. FDIC assigned the note, mortgage, etc. to XXXX XXXX. However, I have recently learned that XXXX claims to own the roll to perm loan dated XX/XX/XXXX. This makes me wonder who was receiving my monthly payments. XXXX XXXX subsequently transferred the loan to Ocwen, who then transferred the loan to XXXX, who then declared a default in the mortgage and filed a foreclosure against me. Most recently XXXX assigned the mortgage to XXXX XXXX as trustee of some trust. Long story short, no where did I receive notification of any assignment from XXXX XXXX XXXX to XXXX. Had I know XXXX was the holder or owner of my note, I would have requested the loan to be redone as I suffered major XXXX XXXX and am XXXX ever since. Is it possible for the someone to confirm who is the holder or owner of my note.?
Company Response:
State: IL
Zip: 62959
Submitted Via: Web
Date Sent: 2018-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A