Date Received: 2018-08-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: This case is being handled by XXXX XXXX XXXX XXXX in XXXX, NJ DOCKET NO. XXXX XXXX XXXX XXXX XXXX XXXX SOLELY AS TRUSTEE FOR XXXX XXXX XXXX XXXX XXXX MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX, Plaintiff/Mortgagee vs. XXXX XXXX, ET AL., Defendant ( s ) /Mortgagor ( s ) They are in the process of foreclosing my home. This is a toxic loan and has had several items that have gone wrong. We have now received a document from this firm regarding an un recorded Adjustable Rate Rider that will be presented to Honorable XXXX XXXX XXXX, XXXX. Ch. on XX/XX/XXXX. I believe that : a 'mortgage ', 'deed of trust ', or 'promissory note ' is a contract. A 'rider ', 'modification agreement ', or 'allonge ' is an amendment to a contract. the contract document must be recorded in order to have the legal effect, any or all amendments would have to be recorded in the same manner for the same reason. We should demand the Court to dismiss the foreclosure action because the Note ( was lost/and they replaced it with a loss note affidavit ), the adjustable rate rider was never recorder, therefore, I believe that this foreclosure proceeding can not be instituted upon forged or missing documents. The aforementioned documentsclearly false, made up, and materially altered to look genuinesuggest forgery, and equitable relief is not available to a party with unclean hands. We should request the judge to order stay the sale and dismiss the action stated, I believe this should be our defense to the foreclosure. This court can not deny the motion without a hearing. The judge should vacate the order and remand for a hearing. I had submitted numerous packages to GMAC, Ocwen, I have made trial payments and my modification was never approved. I have done and complied with all the requirements of the mediation, still the bank came back and said that I did not qualify for a mediation, that they could not offer me a program, but yet, the documentation was not even clear, in order or legit to begin with. How could they even start a foreclosure action against me without having the paper work that allows the lender to do so? The adjustable rate does not list the MIN # or the Loan # ( it has been whited out ) it was signed on XX/XX/XXXX and was never recorded? Is this foreclosure enforceable? The rider does not have XXXX XXXX 's signature ( This document lacks notary public seal and signature and it was not signed by XXXX XXXX. Again, there is no witness listed in the adjustable rate rider ) The lost not affidavit was clearly tampered with, again, the Loan # is missing ( it has been whited out ) Loan # should be '' XXXX ( dated XX/XX/XXXX ) ( as listed on the lost note affidavit ) and it states on item 3 that " such note was never released, paid off, satisfied, assigned, or misfiled by XXXX XXXX XXXX XXXX XXXX XXXX '' executed on XX/XX/XXXX, XXXX by XXXX XXXX on behalf of XXXX XXXX. Mortgage recorded on XX/XX/XXXX fails to list the MIN # and it shows that this mortgage was assigned at least twice before. This mortgage is dated XX/XX/XXXX. Page 12 lists XXXX XXXX as the Notary Public that performed the closing. This document has both XXXX XXXX and XXXX XXXX 's signature. The assignment of mortgage recorder on XX/XX/XXXX recorded on book 14464 pg 189 from XXXX/XXXX to GMAC. XXXX XXXX certifies as of XX/XX/XXXX as officers, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX ( from XXXX XXXX XXXX XXXX XXXX ) They assigned a note with unrecorded documents at the time of the assignment. XXXX, XXXX, and XXXX signed documents on behalf of XXXX, did they have the right to assign documents in that capacity? or assign the lien on our mortgage? was the lien from our mortgage registered on the XXXX system at anytime? Was the lien of our mortgage registered on the XXXX system on the date this law firm assigned the lien of the mortgage note to the plaintiff? we need to know : What is the relationship between XXXX XXXX client_______ and us? Is the client the servicing agent for the plaintiff? so in fact they do not represent the plaintiff in this case except through its servicing agent? So, except by virtude of representing the servicing agent, they do not formally represent the plaintiff. Do they represent XXXX XXXX? if so we need a copy of a written retainer agreement XXXX XXXX XXXXXXXX This case has been in the hands of XXXX, XXXX, and XXXX - XXXX, NJ followed by XXXX XXXX - XXXX, NJ XX/XX/XXXX Assignment from XXXX to GMAC XX/XX/XXXX Assignment from GMAC to Ocwen XX/XX/XXXX Assignment from Ocwen to XXXX XXXX XXXX Trust Company All of these assignments and transfers were done without a properly recorded rider and with a " lost note affidavit ''. Please let help me save my home. The case is being handled by my Lawyers, XXXX XXXX XXXX XXXX in XXXX, NJ. There are so many irregularities with this loan documentation and mistakes made by the servicing agents that makes me afraid for loosing my home. We filed for bankruptcy protection and was discharged in XXXX. The bank abandoned these property. I have been harrassed by these lawfirm and they have threatened to foreclose us although they do not have the proper documentation. This has to stop, I feel harrassed, have lost sleep over this ongoing situation that started in XXXX of XXXX. Is there a statue of limitation? I can not understand how this is even possible. I feel as if along the way these loan servicers have made up documents to protect themselves. I have contacted OCWEN to get information about mortgage insurance as we had flood issues in the house, mold is growing in our walls, we had a roof leak, water damage and the servicer refereed me to my lawyer and did not provide me with the insurance company information nor the tel # or policy number to open a claim. I had made trial payments - my documents for modification were never approved ( back in XXXX I applied for a mediation program - we were on mediation this past year for over the course of a year. I complied with all their requirements and the bank said that there was no available program for us. that we do not qualify for any of their program. Now they give me documents that clearly states that they do not have a recorded Adjustable Rate Rider? How where they able to start a foreclosure without proper documentation? Please help
Company Response:
State: NJ
Zip: 07675
Submitted Via: Web
Date Sent: 2018-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I was approved for a modification on XX/XX/XXXX. The modification that I agreed to and signed before a notary stated that under the agreement the loan would be reduced in three equal installments of {$76000.00} with a final installment of {$28000.00} due on and payable on XX/XX/XXXX. The mortgage payments were made and time and Ocwen failed their terms of the modification. The loan balances should be {$140000.00} 1st/ {$580000.00} 2nd balloon payment. The current pay-off amounts are {$130000.00} 1st/ {$250000.00} 2nd I have called Ocwen numerous times and I am told they are able to make changes to the agreement with my signature or consent.
Company Response:
State: CA
Zip: 95330
Submitted Via: Web
Date Sent: 2018-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-21
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Ocwen servicing company for XXXX is listed twice on credit report for same account and refuse to update it. They told me to talk to XXXX. I have filed complaints with credit bureau to no avail.
Company Response:
State: NM
Zip: 88203
Submitted Via: Web
Date Sent: 2018-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-20
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: This complaint is addressed to CFPB legal counsel XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX and US attorney XXXX XXXX XXXX. Ocwen Loan Servicing ombudsmen XXXX XXXX XXXX and opposing counsel XXXX XXXX have ignored my cease and desist all communication demand I sent in the past. XXXX XXXX and XXXX XXXX have been harassing me and threatening me with embezzlement fraudulent trustee sale during pending litigation which forced me to be apply for assistance with the pretender lender loan servicer to stop the embezzlement fraudulent trustee sale until the court can hear my matter. The pretender lender loan servicer and opposing counsel Brain Pain who are both attempting to embezzle my property responded to my request for assistance. The pretender lender loan servicer approved the bogus manufactured modification to embezzle my home. On the manufactured embezzlement modification approval the documents indicate I have until XX/XX/2018to respond. I don't know why Ocwen Loan Servicing and opposing counsel XXXX XXXX are harassing my attorney sending emails when the manufactured embezzlement modification respond date is, XX/XX/2018. Totally incompetent people that can't read their own documents. I decline the pretender lender loan servicer embezzlement loan modification.
Company Response:
State: CA
Zip: 91709
Submitted Via: Web
Date Sent: 2018-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We have been working with Ocwen Ombudsman Office since XXXX. I have submitted to home modification requests, both times they say they never received them. I have asked them for a reinstatement amount owed. They refuse to give this to me. We basically have no information to go on and they have no interest in helping us resolve this. We called our state Florida regulatory agency and they told us Ocwen is the worst to work with and they face many legal challenges. They said that they may not even want to work out even taking they payments from us, that's why they refuse to give us a reinstatement amount. They say they have been under scrutiny for some time and it's easier for them if I just go away. I don't want to lose the house. I just want to know how much is owed, we may be able to pay it today. I want to have a chance to modify. I asked Ocwen if they are unwilling to modify what else are my options, they said we will foreclose on your house we do thousands a day. This isn't fair. I just want a fair resolution and them to actually do something honest. I may be asking for to much. What other options do I have to force them to comply with the law.
Company Response:
State: FL
Zip: 34476
Submitted Via: Web
Date Sent: 2018-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: As of XX/XX/XXXX, my equity position is greater than 22 %. My Mortgage Lender, Ocwen Loan Servicing LLC, has not released me from PMI, despite an XX/XX/XXXX written request for : a ) immediate termination of PMI, and b ) refund of PMI fees incurred since XX/XX/XXXX. In response to my letter of XX/XX/XXXX, Ocwen sent me a letter stating that PMI is " scheduled to auto termination ... on XX/XX/XXXX. '' Please note that per the amortization schedule ( provided by Ocwen ) PMI is scheduled to auto terminate on XX/XX/XXXX. However, I have purposefully overpaid my principle for the express purpose of PMI release.
Company Response:
State: AZ
Zip: 85132
Submitted Via: Web
Date Sent: 2018-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I applied for a mortgage modification in XXXX and within the 3 day period, I rescinded agreement. Apparently, the company ( Ocwen ) did not honor the fact that the modification had been rescinded. The loan matured on XX/XX/XXXX. I was expecting the 15 year loan to be paid in full by this date. Instead, I'm told that I owe in excess of {$39000.00}. The loan started off at {$44000.00}. I found out that I was put into an interest only loan. Originally, I only wanted to save some money by doing a modification. I decided to cancel it.
Company Response:
State: IN
Zip: 46260
Submitted Via: Web
Date Sent: 2018-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: While in the process of trying to refinance my home, I found out on XX/XX/XXXX, that I have a lean in the amount of {$21000.00} from FHA/HUD. I made a few phone calls and found that this happened while modifying my loan with Ocwen Loan Servicing in XXXX. A modification that I feel I was forced into ( later ). I reviewed the documents of the modification and nowhere does it state that a lean will be placed on my title, nor anything in the amount of {$21000.00} of being owed at all. It shows the old and new principals, and the monthly payments and rates. I was forced into modification because while awaiting a XXXX hearing I became late on my payments around XX/XX/XXXX. When I reached 3 mos. past due, they refuse all payments, even those above a full monthly payment, and threatened me with foreclosure. They even refused to send me monthly statement for the months of XXXX andXX/XX/XXXX because I was behind.
Company Response:
State: NY
Zip: 140XX
Submitted Via: Web
Date Sent: 2018-08-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX XXXX XXXX XXXX XXXX Director of Ocwen Department of the Consumer Ombudsman XXXX XXXX Dear Mr. XXXX : On XX/XX/2018, I and a representative of Senator XXXX ( XXXX XXXX ) conferred with you about a serious problem we were having with the modification process of our mortgage. At that time you indicated that you would take care of the situation and would work with me in order to resolve the problems with the modification process of my mortgage. After that conference, I sent a new modification application to you as requested and awaited your response. Throughout this period I have been prepared to do whatever is necessary to resolve the situation with the modification -- which really should not be so difficult and is most certainly viable and possible. Unfortunately I received no further communication from you, but have instead just received yet again another letter informing me that you are attempting to sell my home, now on XX/XX/2018. We are shocked and very angry that your company would engage in such severely irresponsible behavior. We had an agreement to, in the very least, make an attempt to work out the situation -- which can be worked out. The extraordinary act of attempting to sell a familys home without any legitimate legal basis is a life and death situation for some Americans. This profoundly unethical behavior is an abuse of a severely dysfunctional and corrupt legal system in an attempt to do your part in the overall agenda to literally usurp the property of humanity itself. This situation must stop now! Please cancel the foreclosure sale scheduled for XX/XX/2018 and communicate with me about this situation. As I have indicated in the past I am certainly willing to work with you to resolve this situation and to avoid what would be a completely inappropriate, illegal, and unconscionable outcome. Completely failing to address the situation and allowing such a gross abuse of the rights of others is an absolutely unacceptable way to proceed. Sincerely, XXXX XXXX XXXX XXXX CC : Senator XXXX XXXX XXXX XXXX XXXX
Company Response:
State: MD
Zip: 21015
Submitted Via: Web
Date Sent: 2018-08-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/2018, we received an escrow disbursement check for {$8.00} from Ocwen Loan Servicing. Now ; on XX/XX/2018, we refinanced our home with XXXX XXXX XXXX XXXX. In XX/XX/2018, XXXX XXXX XXXX XXXX paid off this mortgage loan. NOW : it's been three months so why didn't Ocwen send us the full escrow reimbursement amount when Ocwen sent us the previous reimbursement check on or around XX/XX/2018 for {$330.00}? It appears that an employee of Ocwen Loan Servicing charged us for satisfaction fees when we were NOT suppose to be charged! So, why did Ocwen charged us these fees? Does federal or state laws allow mortgage servicing companies to charge satisfaction fees?
Company Response:
State: NV
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-08-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A