Date Received: 2018-08-08
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: Ocwen Loan Servicing ombudsmen specialist XXXX XXXX who quietly hides her management position when she responds to consumer complaints that she never properly investigates because she is given high salary that was embezzled by millions of homeowners to be trained how to cover up the pretender lender loan servicers troubled company abuses. I have informed the pretender lender loan servicer ombudsmen specialist XXXX XXXX and opposing counsel XXXX XXXX several times regarding the VOID FRAUDULENT ASSIGNMENT that was created out of shady XXXX XXXX XXXX XXXX XXXX just days before the bogus lawsuit was filed. XXXX XXXX XXXX assigned the bogus mortgage to XXXX XXXX XXXX XXXX XXXX signing for XXXX XXXX XXXX XXXX on XX/XX/XXXX. Depositor XXXX XXXX XXXX is the only rightful party that can place assets into the trust pursuant to investors offering documents as specified above, to have all the rights, duties and obligations of the Depositor with respect to the Trust, XXXX XXXX XXXX XXXX XXXX with closing date of XX/XX/XXXX. The assignment is approximately 3 years after the mortgage was placed into the Trust -- a clear violation of the Pooling and Servicing Agreement. XXXX XXXX XXXX or a ghost robo-signer signed the fraudulent VOID assignment on XX/XX/XXXX and then XXXX XXXX XXXX committed fraud by claiming the ghost to be present before her then rubber stamping the VOID assignment on XX/XX/XXXX just days before corrupt shady XXXX XXXX XXXX crooked lawyer filed the bogus lawsuit then used the fraudulent assignment to intentionally mislead the court while committing fraud upon the court to be guaranteed favorable judgement to embezzle my property. Before XXXX XXXX XXXX XXXX XXXX filed its bogus lawsuit I informed the shady lawyers that I was diagnosed with XXXX and to leave me alone because I only had months to live. XXXX XXXX XXXX shady law firm thought they could get away with embezzlement because they all thought I only had months to live. Shortly after the fraudulent assignment was created by corrupt shady XXXX XXXX XXXX the imaginary XXXX XXXX XXXX XXXX ghost before her robber stamper XXXX XXXX XXXX license was revoked by the Commissioner. Well, I was misdiagnosed and I am not going to die so what are all you scums going to do about all the years of all your fraud now? Opposing counsel XXXX XXXX is assisting his clients with embezzlement by claiming to have personal knowledge and reviewed the VOID assignment that was fraudulently recorded claiming its stands to assist the Mortgage Law Firm with embezzlement fraudulent Trustee Sale.
Company Response:
State: CA
Zip: 91709
Submitted Via: Web
Date Sent: 2018-08-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/XXXX, I purchased a townhouse with GMAC/XXXX XXXX XXXX XXXX. I was not represented by counsel and placed a {$20000.00} down payment. I used a hand written note from my employer to verify income. That was a non issue at the time. In XXXX, I defaulted on my payment due to loss of income. I asked my loan servicer if I could refinance or make partial payment and I was denied due to not having paystubs. Even though I was self employed and never provided one from the beginning. So I was subsequently foreclosed on without given options as to how I can keep my home. I turned off the power, winterized the property. Locked it up and moved before anyone could throw me out. I was never notified as to what happened with it. On XX/XX/XXXX, The forclosure was canceled but I was not made aware of this. On XX/XX/XXXX XXXX XXXX XXXX tried to file another forclosure action I was not aware of. On XX/XX/XXXX The forclosure action was canceled again, and without notification. On XX/XX/XXXX I filed Bankruptcy and was discharged of the debt which included house. On XX/XX/XXXX The loan servicer changed to Ocwen Loan Servicing LLC. They filed a forclosure action against me. But the action was not on the county records. I was never notified of the change in servicer or the action. On XX/XX/XXXX Forclosure was stopped due to statue of limitations. I was never notified. On XX/XX/XXXX I received a letter from XXXX XXXX XXXX XXXX XXXX XXXX. Attached was a check for {$1100.00}. I asked my bank to review the letter and I called XXXX. Ocwen was given a {$50000.00} consent order to pay anyone who had an open forclosure that was not finalized in XXXX. I asked if cashing the check would forfeit my right to any claim in the future and I was told No, because it was not a settlement. It was an order issued for violations that were made. On XX/XX/XXXX I called Ocwen. I spoke with XXXX XXXX and she stated that the forclosure action was completed on XX/XX/XXXX of XXXX. But she could not provide any documentation on that. When I asked why the action was canceled she stated she didn't have any information and I had the right to sell the property because I was still listed as the owner. I had no idea I was listed as an owner still. XXXX also stated property value was {$180000.00}. On XX/XX/XXXX I called Ocwen and spoke with XXXX XXXX. XXXX stated I would have to do a short sale in order to be released from the mortgage. {$4000.00} would go to pay the back due HOA which had not been paid in 7 years. The total HOA is more than {$20000.00}. On XX/XX/XXXX I hired and paid {$3000.00} to XXXX XXXX with XXXX XXXX to negotiate with Ocwen on my behalf because I could not get a straight answer from the servicer. On XX/XX/XXXX I called Ocwen and spoke with XXXX XXXX. He stated the modification was approved for {$160000.00}. I asked for him to explain what happened the last 10 years with the house and how come I was not told the house was still mine? He stated the bank could not find me and they were waiting for my bankruptcy to become inactive so they could file for foreclosure again, and that I should take the modification because its unlikely I'll get approved for a second one. There are 3 things wrong with this. 1st is that in the 21st century it's not hard to locate a person. Especially if XXXX was able to do so. 2ndly, My bankruptcy attorney XXXX XXXX told me that discharging the debt allows the bank to reclaim the property unless there was something wrong with the original mortgage or the statute of limitations have run out. On XX/XX/XXXX I called Ocwen and spoke with XXXX XXXX and asked for her to explain the statute of limitations to me and she could not, but would submit a request to the research department on my behalf. It will take 10 days. On XX/XX/XXXX I called Ocwen and spoke with XXXX XXXX. I submitted a request to receive any documentation available on the previous loan servicer so I can find out what happened with the first 2 foreclosures. It will take 10 days. Being fed up I XXXX what the Statue of limitations are in NY. It states that 6 years after the acceleration event takes place, the bank has to forclose. It was shared with me that the event took place with the 1st action in XXXX. The bank had rights to forclose by XXXX. But the action was not completed. Which allows me to use that statue in defense. Acceleration can occur in three primary ways : The lender notifies the borrower that they intend to accelerate the debt ; The lender demands payment in full of the mortgage loan ; The lender files a foreclosure action in civil court. Any of the above actions will start the statute of limitation running and the lender will then have XXXXix years from that date to pursue a foreclosure action. If the lender fails to do so, they will lose the right to collect on any of that mortgage debt in the future through the courts, including seeking a foreclosure. I found 2 similar cases posted in XXXX. Six years seems like a long period of time for a lender to file a foreclosure case, so it is natural to wonder when the statute of limitations may actually come into play. This is when we remind you of the often incredible length of the foreclosure process in New York. To best understand the role the statute of limitations can play in foreclosure cases, we will examine some cases in which it was successfully asserted in New York courts either as a defense or as an affirmative claim. XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX of XXXX this case, the full unpaid balance of the mortgage loan became due in XXXX of XXXX and the borrowers ( the plaintiffs ) did not pay the balance. When the lender ( defendant ) failed to file any action in court seeking a foreclosure through XXXX of XXXX, the plaintiffs filed their own legal action to have the balance of the debt canceled based on the expiration of the statute of limitations. Ultimately, the XXXX XXXX Supreme Court agreed thatthesubject mortgage should be extinguishedbecause the lender took no action within the statute of limitations.The mortgage payment obligations were then effectively ended. XXXX XXXX XXXX XXXX v. XXXX The borrowers ( defendants ) stopped making payments on their mortgage, so the lender filed an initial foreclosure claim to collect the entire mortgage amount in XXXX of XXXX. The case was never completed and the XXXX XXXX Supreme Court dismissed the case without prejudice in XXXX. In XXXX, the new owners of the mortgage filed a second foreclosure action and the borrowers asserted the defense based on the expired statute of limitations. The court dismissed the case, agreeing that the lender no longer had the right to seek a foreclosure of the mortgage Due to the loss of my home in XXXX. I have suffered from XXXX, XXXX and XXXX. At XXXX years old I gave every penny saved to be in my dream home and have suffered the loss of that since. If it's in my right to keep my home. I would like to do so. It was advised to me to not sign the modification. I will follow that advice.
Company Response:
State: IN
Zip: 46804
Submitted Via: Web
Date Sent: 2018-08-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-07
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Ocwen agreed to a modification in XX/XX/XXXX but with their agreement they promised to clean all lates as to provide us with a true fresh start. This was the third modification attempted and it finally worked out. We retained a lawyer to help. The initial modification was rejected by their error on XXXX, XXXX XXXX and that would have had us with a four year clean mortgage payment history.
Company Response:
State: OH
Zip: 43054
Submitted Via: Web
Date Sent: 2018-08-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am trying to recover surplus, the overpaid escrow, {$3000.00} plus. Started in XXXX XXXX, after my taxes were paid.Regardless, Ocwen Loan servicing, LLC send more money than needed to state, state returned all, that they send. I asked in writing, to do partial modification, stop paying already paid taxes, keep calling, talking to ombudsman. I was told, that they will return my money, within 30 days of recalculation XXXX XXXX, XXXX. Now they are saying, that since I am late with XXXX payment, they will not refund overpaid amount. Under Federal law RESPA, that they are in violation, that the lowest monthly balance should not exceed/fall below {$870.00} and trying to collect more money. Please, help XXXX XXXX XXXX XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 600XX
Submitted Via: Web
Date Sent: 2018-08-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-06
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: In XX/XX/XXXX, Ocwen Loan Servicing provided me with a Lien Release and a XXXX for the Discharge of Debt on my 2nd mortgage. Prior to XX/XX/XXXX, I paid the full reinstatement amounts required by Ocwen, however, the payments were not recorded accurately or timely on my loan which resulted in additional reoccurring late charges on my account. Some of my dates/amounts of wire transfers to Ocwen are XX/XX/XXXX for {$1300.00} and XX/XX/XXXX for {$460.00} and {$430.00}. The dates and notices of short sale and foreclosure were also not in compliance with regulations. Ocwen attempted to rectify the errors by providing me with a Lien Release due to their litany of violations. However, they are still reporting my loan as a Charge-off, with excessive late payments. This Charge-off or Short Sale is preventing me from closing on a mortgage now. The entire Ocwen account needs to be removed from my credit report due to their own errors.
Company Response:
State: IL
Zip: 60614
Submitted Via: Web
Date Sent: 2018-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/XXXX I requested a modification from Owen on my mortgage due to miss-payments based on illness XX/XX/XXXX Letter of Default date from Owen ( {$1300.00} ) was created and sent to me XX/XX/XXXX Modification on Owen sight read denied. XX/XX/XXXX Spoke with Relationship Manager, XXXX XXXX and requested a repayment plan to catch up arrears and it was also denied. While I have been trying to work out a repayment plan with Owen, they continue to engage in " Dual Tracking '' in an attempt to take my home. '' Home value : {$310000.00} ( BASED ON NEXT DOOR SALE OF XX/XX/XXXX Amount owed : {$90000.00} Amount pass due : $ {$1300.00} XXXX XXXX XXXX no XXXX XXXX XXXX
Company Response:
State: VA
Zip: 22192
Submitted Via: Web
Date Sent: 2018-08-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Original loan date is XX/XX/XXXX, we have been with Ocwen since XX/XX/XXXX, prior to them we had XXXX. They are constantly charging fees of unknown origin, late fees, atty fees, foreclosure fees on foreclosures that never happened. At this time i'm not even sure how much we actually owe or even what our house payment really is. I will begin with the latest thing that has come up and we can go from there. In XX/XX/XXXX, i received and submitted a application for modification, in XX/XX/XXXX we began to pay XXXX the 3 month trial period. I received a modification agreement stating the amount of XXXX was our payment. I have attached that modification also showing a balance of {$94000.00} and a balloon payment of {$78000.00} after 30 years. We discussed this with our Bankruptcy attorney and i again contacted the Relationship manager asking that if they could submit another modification. After that the relationship manager scheduled several appointments and they were not kept, on the appointment date, i received a call stating that she was busy and we need to reschedule, this happened several times from XX/XX/XXXX to XX/XX/XXXX at which time a Motion to Lift Stay was filed with the Trustee. We were in Chapter XXXX bankruptcy since XX/XX/XXXX and on or about XX/XX/XXXX Ocwen filed a Motion to lift Stay stating that we had paid our mortgage since XX/XX/XXXX. We had continuously paid our mortgage and am attaching e-mails from them showing payment was received. i contacted Ocwen on XX/XX/XXXX to speak to a relationship manager about a modification, i was told there was a permission to speak letter on file, and set an appointment, on the appointment date of XX/XX/XXXX, i did not receive a call, but did call them and was told that a permission to speak letter was not on file, my attorney e-mailed it to them on XX/XX/XXXX, i reached out to them again around XX/XX/XXXX and was told that it would take 10 days for them to receive and i should check again in 10 days. i called again on XX/XX/XXXX they stated they had not received it. Again i contacted the attorney and asked that i give a little more time, so i contacted them on XX/XX/XXXX and they still stated they had not received it, he submitted it again on XX/XX/XXXX, they still stated they did not receive it, he again sent it on XX/XX/XXXX and they acknowledged receipt of it on XX/XX/XXXX. was also told that a modification packet was sent out on XX/XX/XXXX, which i later was told by another Relationship manager that it was not sent out. they finally sent it to me on or about XX/XX/XXXX. Two days later they filed the Foreclosure on XX/XX/XXXX and set it to auction on XX/XX/XXXX. I submitted the modification form on XX/XX/XXXX, via e-mail and confirmed via telephone that they had received it, they stated that it would take up to 30 days to review. I explained to her that we didn't have 30 days to wait as it was already on the foreclosure auction list. She stated that it was suspended at this time until the modification is approved. At this point we feel that we do not owe the XXXX in arrearages they are claiming from XX/XX/XXXX to present. We requested a payment log from them, received it, but as a lay person, we can not make heads or tails out of it. Please help us with this as we do not want to lose our home of 17 years. This has been going on for Years with them and we just want to know what we REALLY owe.
Company Response:
State: TX
Zip: 75104
Submitted Via: Web
Date Sent: 2018-08-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-04
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I was currently in a chapter XXXX bankruptcy which I later converted it to a chapter XXXX which included my mortgage. I later applied for a loan modification with Ocwen loan service. I was approved so I dismissed my chapter XXXX because I no longer could afford to pay my bills mortgage and bankruptcy payments. I am current on my mortgage but Ocwen keeps reporting it as late on me and my wife credit reports.
Company Response:
State: AL
Zip: 35235
Submitted Via: Web
Date Sent: 2018-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Ocwen is my mortgage company. every year they give me an escrow disclosure statement. These are projected escrow payments that they keep low balling me on. They underestimate the escrow payments then at the end of the year, they want me to send them a lump sum of money to keep my mortgage payments the same. This year, we overpaid my property taxes and I have a refund of {$1100.00} which I have filed the paperwork to get back. I have a homestead exemption, a senior exemption and a senior freeze. My mortgage company has estimated that I will be short by over {$2000.00} and they want me to pay them that lump sum. I called them to complain so the recalculated the " estimated shortage '' and now they want me to pay XXXX. They gave me a refund from Last years estimate so I paid an extra {$40.00} to my mortgage payments so I wouldn't be short but low and behold, this is when they say I'm {$2000.00} short. I want them to stop playing with my mortgage payments with these escrow estimates that are never right and they are always asking me for a lump sum of money. These are projected escrow estimates that they are basing my mortgage payments on. By the way, I wonder why my PMI payments never get any lower?
Company Response:
State: IL
Zip: 60466
Submitted Via: Web
Date Sent: 2018-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-08-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We filed a complaint here and dispute the vague response from the servicer Ocwen XXXX. The procedure to keep up with this complaint is a bit confusing to us. We called the phone # given XXXX XXXX XXXX and the person handling this case has a message that she will not be back in her office until XX/XX/XXXX. We were not disclosed the papers submitted to this case. Total bologna.
Company Response:
State: WI
Zip: 53090
Submitted Via: Web
Date Sent: 2018-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A