Date Received: 2018-07-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Ocwen loan servicing has been returning my mortgage payments since XX/XX/XXXX, lastly I sent a Cashiers check of XXXX for a written agreement for a repayment plan. I am actually behind about {$8000.00} but Ocwen imposed penalties and late fees. I should not be penalized at all for this mortgage fraud since I was in Chapter XXXX bankruptcy. Also, in XX/XX/XXXX, Ocwen told me I needed to fall behind in payments in order to qualify for a Loan Modification. Now ocwen is threatening Foreclosure. Please add me to the Class Action lawsuit against Ocwen for Mortgage Fraud.
Company Response:
State: NC
Zip: 283XX
Submitted Via: Web
Date Sent: 2018-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-30
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I contacted Ocwen Loan Servicing LLC 's customer service and their consumer ombudsman since XX/XX/XXXX requesting specifically for a copy of my appraisal report for the loan used to purchase my home back in XX/XX/XXXX because the lender never provided a copy to me that I paid for {$370.00}. I was told the lender would mail my copy but never came. Ocwen Loan sent me a property valuation instead on XX/XX/XXXX. I spoke to Ocwen 's representatives at different times and they knew what I was asking for but gave me something else. It was not an appraisal report.
Company Response:
State: CA
Zip: 919XX
Submitted Via: Web
Date Sent: 2018-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-29
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: my mortgage co reporting an error of reporting 30 days late for XX/XX/2017 payment which never happened and the payment was made on time but XXXX/ mortgage co did not correct the error after several reminders. mortgage co is : OCWEN LOAN SERVICING LLC LOAN # XXXX
Company Response:
State: NJ
Zip: 088XX
Submitted Via: Web
Date Sent: 2018-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-29
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: My mortgage company continues to report multiple negative late payments on my mortgage account even though they were paid on time and after several dispute reminders they fails to update the information under fair credit reporting act which is causing me great harm I'm refinancing my mortgage and low credit scores. Ocwen loan servicing llc XXXX XXXX XXXX XXXX XXXX XXXX, nj XXXX DOB XX/XX/XXXX SS # XXXX my loan # is XXXX XXXX late reporting XX/XX/XXXX & XX/XX/XXXX60 days late XX/XX/XXXX & XX/XX/XXXX90 days late XX/XX/XXXX 30 days late XXXX XX/XX/XXXX XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX120 days XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX 120 days XX/XX/XXXX, & XX/XX/XXXX 90 days late XX/XX/XXXX 30 days late XXXX XX/XX/XXXX 120 days late XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX & XX/XX/XXXX 120 & 60 days late XX/XX/XXXX, XX/XX/XXXX 90 days late XX/XX/XXXX 30 days late
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 088XX
Submitted Via: Web
Date Sent: 2018-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX, the Environmental Health Department of XXXX XXXX County conducted a complaint inspection at XXXX XXXX XXXX XXXX, XXXX CA, XXXX, sent to lien holder XXXX XXXX XXXX of XXXX XXXX XXXX, XXXX XXXX, XXXX, DE XXXX. The complaint alleged that debris material had been buried on the site. The results revealed there was large amount of waste that had been disposed of on the site, including hazardous waste. On XX/XX/XXXX, A Trustees Deed Upon Sale was recorded on the property in XXXX. XXXX XXXX XXXX, Trustee ( a wholly owned division of XXXX XXXX XXXX ) deeded the foreclosed property to the lien holder XXXX XXXX XXXX XXXX XXXX. of XXXX XXXX XXXX, XXXX XXXX, XXXX DE XXXX. The sale price was {$200000.00} and was recorded by XXXX XXXX of California, a wholly owned subsidiary of XXXX XXXX XXXX. On XX/XX/XXXX, Ocwen Loan Servicing Company ( division of XXXX XXXX ), conducted the sale of the property at XXXX XXXX XXXX XXXX, XXXX, CA XXXX. They intentionally concealed the fact the Environmental Health Department of XXXX XXXX conducted a complaint inspection for dumping and sold the property for {$290000.00} to XXXX and XXXX XXXX & XXXX XXXX. The Sellers exclusive REO disposition agent, XXXX XXXX XXXX, actively concealed materially adverse information that this property had been used as a dumping site prior to sale at auction, with hazardous waste buried on the site. " This is considered an illegal site operated post regulation - it must meet Title 27 California Code of Regulation ( T27CCR ) for closure or be clean closed. XXXX XXXX, Program Coordinator XXXX, Environmental Health Department, XX/XX/XXXX. The Seller retains strict liability for the burial of hazardous waste, and AS-IS proclamations do not relieve the seller of any responsibility whatsoever under CERCLA. XXXX and XXXX XXXX XXXX meet the criteria of innocent buyers under CERCLA and the Brownfields Amendments federal law, as they acquired the property without knowledge of contamination on the property. A visual inspection could not have revealed buried hazardous waste, and they were expressly prohibited from trespassing on the property prior to the sale as the tenants resisted eviction, and they feared for their safety. It took over 6 months to recover the property from the occupants. California law requires sellers to disclose material details that may materially affect the potential buyers desire to purchase the property. AS-IS and like disclaimers are ineffectual in removing liability from the Seller and Sellers Agent. Dumping hazardous materials is clearly a material fact, and Ocwen Loan Servicing, LLC, that orchestrated the REO sale for XXXX XXXX XXXX, and XXXX XXXX XXXX ( Trustee ) and XXXX XXXX [ the latter two owned by XXXX ( Sellers Agents ) ] can face severe penalties for intentionally concealing such known material facts. Since they actively concealed a known material adverse fact, this is fraudulent misrepresentation under the law. Remedies include compensatory damages, punitive damages and contract rescission. In such a case, fraudulent misrepresentation may even be considered a criminal offense. The Seller and Sellers Agents actively and fraudulently concealed this information to obtain a higher price at auction. XXXX XXXX and XXXX XXXX XXXX have an ongoing financial interest in maximizing REO sales through deception. The Purchase Contract devised by XXXX XXXX XXXX induced XXXX and XXXX XXXX to engage the XXXX XXXX XXXX ( a subsidiary of XXXX ) by refusing to pay customary title fees unless XXXX XXXX was selected by Buyer, in full knowledge that the standard ethical buyer/seller arrangements would not be followed. XXXX and XXXX XXXX believed XXXX XXXX would follow all legal and ethical norms, including providing known materially adverse information that impacts the marketability of the property. On page 1, Section 1 of California REO Advisory Requirements, the notice clearly states that : the Seller is not exempt from common law and statutory duties concerning fraud and deceit, even though the specific TDS Form is not required to be completed. Seller remains obligated to disclose known material facts affecting the value and Desirability of the Property. C.A.R. form REO Advisory, Revised XX/XX/XXXX There are literally tens of thousands of complaints against the unethical, illegal practices of these two related organizations ( Ocwen is a shareholder of XXXX, with an exclusive Reo disposition agreement ). As they intentionally concealed material adverse information known before the sale in order to cheat the Buyers, XXXX must take appropriate corrective actions, pay punitive damages, and their license to operate should be reviewed.
Company Response:
State: CA
Zip: 94014
Submitted Via: Web
Date Sent: 2018-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PLEASE FORWARD TO OCWEN LOAN SERVICING LLC. I truly wish to resolve my mortgage issues, and my modification was rejected because at Ocwen stated that I was too far behind on payments. This is truly discriminatory and I now have an attorney representing my wishes. I deserve a modification as my son has agreed to join me on payments and he also has an excellent income.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 12144
Submitted Via: Web
Date Sent: 2018-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-26
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: have submitted a loan modification over and over at this point I don't think the package goes to underwriting the loan was originally a bad interest only loan Ocwen just keeps adding onto the interest only balance there is no justification to what happens once a package is sent to Ocwen its apparent that a review to assist me with this bad loan happens ; in a few days after receipt of the pkg. Ocwen denies
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85260
Submitted Via: Web
Date Sent: 2018-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-26
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My issue is with Ocwen Loan Servicing LLC. I was approved for a modification and followed all of the guidelines and made my payments and then they failed to send the permanent modification paperwork. I followed up with them repeatedly to try and fix this problem but I fell between the cracks. I still tried to pay them but they refused to accept the modification payment and told me instead I needed to pay back all missed payments. I have spent over one year going back and forth trying to fix this problem with no success. I am now facing a foreclosure sale date on XX/XX/XXXX. it never should have come to this, I have a very good job and can document strong finances that would allow me to be able to afford a payment for a modification plan. The fact that I was approved for a plan, and then due to incompetence Ocwen did not follow through is leading to me losing my home. This is not right or fair. When I call in to try and find out what is going on with my case and my file I get transferred from department to department and no one can give me any answers. Then I receive letters twice a week from Ocwen telling me they can help and encouraging me to apply for assistance. Of course when I do apply, I go into limbo. A few years after purchasing my home I needed to do some repairs so I refinanced in XXXX. I was not aware until I got to the signing table that I had been the victim of a bait and switch and that I had entered into a predatory and toxic adjustable rate loan. My payment began going up, and both of my parents were very ill and I had to help to care for them and take a lot of time off of work in XXXX. During this time frame I was diagnosed with XXXX which made things even worse. Not long after my parents passed and I had to help manage and settle their affairs and cover costs. To make matters even worse, I lost my job in XX/XX/XXXX due to the recession. As soon as I began defaulting on the loan I attempted to work with the bank but found it difficult to navigate, so I hired an Attorney. Working with him there was no progress so I ended up hiring the Attorney who was helping us with my parent 's estate. In XXXX we were finally able to negotiate a modification, and I began making the monthly payments as agreed, even though they were more than 50 % of my monthly income. As it became apparent that this situation was not sustainable my Attorney reached out to Ocwen to question the terms of the modification. Ocwen 's agents admitted that an error was made in the calculation of the terms of the modification, and agreed to open a NEW application for a more affordable modification based on the correct financial information. This review ended up dragging on for almost another year. Eventually, I was approved for another modification and began making the monthly payments. By this time my financial situation had improved as I had a great and stable job. I was very happy to have put this behind me and made the payments as agreed as I waited for the permanent modification papers. These never came, and I soon drifted into a black hole. Despite repeated attempts to contact Ocwen, I have yet to make any progress on this issue. I call in and get transferred from department to department and often end up speaking with customer representatives who speak very poor English and are difficult to understand. I request repeatedly to have a review initiated on my case but get nowhere. At the same time I receive multiple applications in the mail to apply for help, but after I complete the applications and send them in it is like they don't exist. Ocwen is a bad company and I have read that they were fined billions of dollars by the Department of Justice and the CFPB for unethical foreclosure practices. They are still engaging in these practices, please investigate this situation.
Company Response:
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have tried to on several different occasions to try to get the lender to review my short sale offer. I had all documents to the lender within a weeks time. Which would have given them over 30 days to review the offer, and they came back and stated that they did not have enough time to review the file for short sale. That is ridiculous. I feel that the lender is pushing me into a foreclosure situation, they definitely are not giving me any other alternative to foreclosure. I am at my wits end and do not know what to do. I now understand why people contemplate doing harm to themselves, as this situation has caused me to become emotionally distant and in a constant state of apprehension. I need help with this ordeal, as I feel like I am falling down the rabbit hole. Please HELP!!!!!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2018-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: To save their home from foreclosure, our client applied and was approved for the HAMP modification on XX/XX/XXXX ( a copy of the modification is attached to this letter ). The client initiated the mandatory HAMP Temporary Payment Plan ( TPP ) on XX/XX/XXXX. The TPP payment was for the amount of {$2300.00}. During the next three months the client continued to make his mortgage payments despite the modification not being finalized. On XX/XX/XXXX, the client signed the completed loan modification, which confirmed a modified principal, interest, taxes and insurance payment of {$2300.00}. The first payment for the modification was due XX/XX/XXXX. On or about XX/XX/XXXX, the client called OLS to make his modified mortgage payment. The OLS representative advised him that his mortgage payment was {$2500.00}. The client then advised the representative that the modification contract that was just signed was set at {$2300.00}. The OLS representative advised the client that the increase in the mortgage payment was due to a shortage in his escrow account. I note here that per HAMP guidelines any escrow shortage should have been calculated into the loan modification calculations. The client objected at the mortgage payment and request that OLS correct this error. During this conversation, the OLS representative advised that the client could either accept the payment as set or his loan or he could chose to not make the payment and become delinquent. The representative refused to initiate a correction to the payments as was required. Feeling that he had no choice but to make the mortgage payment, the client made the mortgage payment as he was advised by OLS. The client continued to attempt to resolve this issue with OLS without success. On XX/XX/XXXX, the client received a billing statement from OLS which confirmed that his mortgage payment would increase from {$2500.00} to {$2700.00}. This increase was again due to the continued escrow shortage caused by the modification error of XX/XX/XXXX. As previously stated the client has attempted to resolve this issue with OLS on numerous occasions without success. As detailed in the Making Home Affordable Handbook Home Affordable ( HAMP ) for servicers section 9.3.7.2 Escrow Advances : Servicers should capitalize any escrow advance that has been or will be paid to a third party before the modification effective date. If capitalization is prohibited by applicable law, the servicer should direct the borrower to repay the advance in accordance with investor guidelines, the underlying security instrument and all applicable laws, rules and regulations. Servicers may not have the borrower execute a note for any escrow advance. Further, section 9.3.7.3 Escrow Shortages states that, in the event the initial escrow analysis identifies an escrow shortage a deficiency in the escrow deposits needed to pay all future tax and insurance payments the servicer must take steps to eliminate the shortage. Any existing escrow shortage currently being paid by the borrower should be included in the borrowers monthly mortgage payment. In closing, it is clear that OLS acted incompetently in the servicing of my clients loan. Further, once OLS became aware of the servicing issue, and acknowledged its error, OLS again failed to fulfill their legal obligation as the servicer of the clients loan to correct this issue.
Company Response:
State: CA
Zip: 92843
Submitted Via: Web
Date Sent: 2018-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A