Date Received: 2018-07-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan servicer is OCWEN ( OCW ). In XXXX OCW after became servicing my account ( ACCT ) OCW created a negative Escrow Balance ( EB ) without any justifiable reason. My Homeowner Insurance Policy ( HIP ) as well as my Property Taxes ( PT ) were paid by me as per my initial Loan Agreement ( LA ). From XXXX until about XXXX or XXXX I've maintained continuous HIP coverage provided by XXXX XXXX ( XXXX ). For no justifiable OCW regularly more than once charged me for " Forced Insurance Policy '' ( FIP ) at much higher rate. Because of OCWs FIP my Regular Monthly Payments ( RMP ) were routinely and illegally increased by OCW. My attempts to remove unnecessary FIP by calling OCW Customer Service Calling Center ( CSCC ) were not successful. In XX/XX/XXXX my house sustained severe damage by partial collapse of two foundation walls. At the time of the collapse my HIP was provided by XXXX. Repair Cost Estimate ( RCE ) about {$44000.00}. The RCE was made few days after the collapse at the time when majority of debris was still not removed yet. XXXX refused to cover my claim. For over a one year XXXX was communicating back and forth with my attorney denying to pay for the damage - law suit was filed in XXXX with Jury Trial ( JT ) demanded. JT was scheduled in XX/XX/XXXX. New up to date RCE was made in XX/XX/XXXX it came to be {$49000.00} without counting in cost of work done in XX/XX/XXXX-XX/XX/XXXX. My attorney without my permission settled the initial {$43000.00} claim for {$39000.00}. The attorney took {$14000.00} for his legal fees which left only {$24000.00} to apply towards {$49000.00} needed to finish the repair. I refused to accept {$39000.00} settlement ( STTL ) or any portion thereof because {$24000.00} was not enough to be used even for 50 % down payment to start the repair. Because the STTL proposal was done without my knowledge or approval as per 30 .A.L.R.2d 944, 945. and 7AmJur2d, 156, the attorney lacked authority to waive my right to JT or to settle for less than full amount .. O.C.G.A. 15-19-6 State Bar DR 7-102 ( A ) ( 9 ). Throughout years XX/XX/XXXX-XX/XX/XXXX OCW continued charging me excessive amounts for Escrow Reimbursement ( ER ) as well as other fees ( OF ). Because none of my calls to OCWs Customer Service Calling Centers ( CSCC ) yield resolution or explanation of ER charges or correction of OCWs errors. Ive decided to initiate communication with OCW Account Specialists ( OAS ) instead of wasting time calling CSCC. Throughout XX/XX/XXXX-XX/XX/XXXX Ive used OCW website to schedule phone calls with OAS XXXX XXXX ( XXXX ) and later with XXXX XXXX ( XXXX ) unfortunatelly neither of them was able to explain ER charges or tell me what has happened to funds OCW overcharged ( OVRCH ) me for FIP or ER. Initially I was told that OVRCH funds were applied to my Principle Balance ( PB ). Later after OCW provided me with my Account History Printout ( AHP ) I found that none of OVRCH funds ( about {$2800.00} ) were applied to my ACCT. In XX/XX/XXXX-XXXX XXXX I was told by XXXX that OCW issued and mailed me Refund Checks ( RC ). No RC came in XXXX. One RC arrived in XX/XX/XXXX. Because OCW blocked my online user password in XXXX I could not submit my RMP online, because of that Ive started to mail my RMP to OCW by USPS Registered or Certified Mail with Delivery Confirmation Receipt ( DCR ) requested. All of my RMP were accompanied with letter demanding OCW to provide me with correct billing as well as return of OVRCH unaccounted funds. OCW failed to apply my RMP to my ACCT since XX/XX/XXXX-XXXX XXXX forward. In XX/XX/XXXX Ive mailed a Certified DCR letter addressed directly to Mr. XXXX CEO of OCW demanding response with explanation of OCW refusal to apply my RMP. Ive also requested to be provided within 30 days correction of OCW accounting errors in accordance with Fair Debt Collections Practices Act ( FDCPA ) 15 USC 1692. OCW did not respond to my letter to this date XX/XX/XXXX. OCW instead scheduled Forclosure Sale ( FS ) of my residence for XX/XX/XXXX. OCW failed to provide me a 30 notice of FS as per O.C.G.A. 44-14-162.2 ( a ). The FS was brought to my attention by text Ive received from unknown individual on XX/XX/XXXX informing me that my house was listed for sale in XXXX XXXX XXXX which is XXXX County Newspaper. On XX/XX/XXXX Ive filed a law suit against OCW for Breach Of Contract ( BOC ) and wrongfull FS in US XXXX District Court of Georgia as a case XXXX. It is a matter of record that OCW in pursuance of FS violated number of Georgia as well as Federal Laws. OCW employees specifically committed felony/ies as per O.C.G.A. 16-10-20.1 by submitting Security Deed ( SD ) containing false information for recordation with Clerk of XXXX County Property Records ( CCCPR ) used later by OCW for initiation and execution of illegal FS. My loan servicer is OCWEN ( OCW ). In XXXX OCW after became servicing my account ( ACCT ) OCW created a negative Escrow Balance ( EB ) without any justifiable reason. My Homeowner Insurance Policy ( HIP ) as well as my Property Taxes ( PT ) were paid by me as per my initial Loan Agreement ( LA ). From XXXX until about XXXX or XXXX I've maintained continuous HIP coverage provided by XXXX XXXX ( XXXX ). For no justifiable OCW regularly more than once charged me for " Forced Insurance Policy '' ( FIP ) at much higher rate. Because of OCWs FIP my Regular Monthly Payments ( RMP ) were routinely and illegally increased by OCW. My attempts to remove unnecessary FIP by calling OCW Customer Service Calling Center ( CSCC ) were not successful. In XX/XX/XXXX my house sustained severe damage by partial collapse of two foundation walls. At the time of the collapse my HIP was provided by XXXX. Repair Cost Estimate ( RCE ) about {$44000.00}. The RCE was made few days after the collapse at the time when majority of debris was still not removed yet. XXXX refused to cover my claim. For over a one year XXXX was communicating back and forth with my attorney denying to pay for the damage - law suit was filed in XXXX with Jury Trial ( JT ) demanded. JT was scheduled in XX/XX/XXXX. New up to date RCE was made in XX/XX/XXXX it came to be {$49000.00} without counting in cost of work done in XX/XX/XXXX-XX/XX/XXXX. My attorney without my permission settled the initial {$43000.00} claim for {$39000.00}. The attorney took {$14000.00} for his legal fees which left only {$24000.00} to apply towards {$49000.00} needed to finish the repair. I refused to accept {$39000.00} settlement ( STTL ) or any portion thereof because {$24000.00} was not enough to be used even for 50 % down payment to start the repair. Because the STTL proposal was done without my knowledge or approval as per 30 .A.L.R.2d 944, 945. and 7AmJur2d, 156, the attorney lacked authority to waive my right to JT or to settle for less than full amount .. O.C.G.A. 15-19-6 State Bar DR 7-102 ( A ) ( 9 ). Throughout years XX/XX/XXXX-XX/XX/XXXX OCW continued charging me excessive amounts for Escrow Reimbursement ( ER ) as well as other fees ( OF ). Because none of my calls to OCWs Customer Service Calling Centers ( CSCC ) yield resolution or explanation of ER charges or correction of OCWs errors. Ive decided to initiate communication with OCW Account Specialists ( OAS ) instead of wasting time calling CSCC. Throughout XX/XX/XXXX-XX/XX/XXXX Ive used OCW website to schedule phone calls with OAS XXXX XXXX ( XXXX ) and later with XXXX XXXX ( XXXX ) unfortunatelly neither of them was able to explain ER charges or tell me what has happened to funds OCW overcharged ( OVRCH ) me for FIP or ER. Initially I was told that OVRCH funds were applied to my Principle Balance ( PB ). Later after OCW provided me with my Account History Printout ( AHP ) I found that none of OVRCH funds ( about {$2800.00} ) were applied to my ACCT. In XX/XX/XXXX-XX/XX/XXXX I was told by XXXX that OCW issued and mailed me Refund Checks ( RC ). No RC came in XXXX. One RC arrived in XX/XX/XXXX. Because OCW blocked my online user password in XXXX I could not submit my RMP online, because of that Ive started to mail my RMP to OCW by USPS Registered or Certified Mail with Delivery Confirmation Receipt ( DCR ) requested. All of my RMP were accompanied with letter demanding OCW to provide me with correct billing as well as return of OVRCH unaccounted funds. OCW failed to apply my RMP to my ACCT since XX/XX/XXXX-XX/XX/XXXX forward. In XX/XX/XXXX Ive mailed a Certified DCR letter addressed directly to Mr. XXXX CEO of OCW demanding response with explanation of OCW refusal to apply my RMP. Ive also requested to be provided within 30 days correction of OCW accounting errors in accordance with Fair Debt Collections Practices Act ( FDCPA ) 15 USC 1692. OCW did not respond to my letter to this date XX/XX/XXXX. OCW instead scheduled Forclosure Sale ( FS ) of my residence for XX/XX/XXXX. OCW failed to provide me a 30 notice of FS as per O.C.G.A. 44-14-162.2 ( a ). The FS was brought to my attention by text Ive received from unknown individual on XX/XX/XXXX informing me that my house was listed for sale in XXXX XXXX XXXX which is XXXX County Newspaper. On XX/XX/XXXX Ive filed a law suit against OCW for Breach Of Contract ( BOC ) and wrongfull FS in US XXXX XXXX XXXX of Georgia as a case XXXX. It is a matter of record that OCW in pursuance of FS violated number of Georgia as well as Federal Laws. OCW employees specifically committed felony/ies as per O.C.G.A. 16-10-20.1 by submitting Security Deed ( SD ) containing false information for recordation with Clerk of XXXX County Property Records ( CCCPR ) used later by OCW for initiation and execution of illegal FS.
Company Response:
State: GA
Zip: 30102
Submitted Via: Web
Date Sent: 2018-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-26
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I have submitted numerous complaints about ocwen and the ridiculous interest rate that I am paying. 12.4 percent is the amount i am paying. i am paying XXXX a month on time every month XXXX dollars go to my mortgage and XXXX goes to ocwen this is crazy. I have asked to have my interest rate to be reduced as I have been paying my mortgage on time. I am just giving my money away to this company each month. I do not understand how this is not considered illegal thru CFPB and why this is not being investigated. I do not understand what guidelines are given to these companies to charge such outrages rates.THIS NEEDS TO BE INVESTIGATED I WILL CONTINUE TO FILE A COMPLAINT UNTIL SOMETHING IS DONE. COMPANY IS NOT WILLING TO WORK WITH CONSUMERS
Company Response:
State: VA
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: 2018-07-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I went to make my mortgage payment on XX/XX/XXXX online and was unable. I called and Ocwen and was advised I was behind over {$9000.00}, which was not true as I had made, and Ocwen accepted all, of my payments to date. Upon further research, Ocwen indicated I had entered into two modification offers, which I never consented to accept ( one was for hurricane relief post hurricane in XX/XX/XXXX and was adamant that I did not want to accept any loan modification as a result of the storm nor any other loan modification agreement as I was continually making my monthly payments. This was ulimately confirmed on Ocwen 's end because they did not have a signed consent nor verbal acceptance of either offer ) After calling them three times to get the unapplied/suspense account ( balance over {$9000.00} ) properly applied to my principal balance, I was then told that all of those payments that were applied brought me current through XX/XX/XXXX! ( Keep in mind, Ocwen accepted all of my payments TO DATE through XX/XX/XXXX! ). I am gravely concerned my payments are not being credited properly and late fees and penalties are being accumulated when they should not be since I am technically current according to my records. OUt of desperation and because honestly Ocwen 's system breaks you down, on XX/XX/XXXX, I received a loan modification agreement dated XX/XX/XXXX, advising my payments had slightly increased. I spoke to an agent to inquire about modification terms, and they advised I was already denied for that loan modification ( I have in hand a loan modification agreement dated on that date, inviting me to enter into the loan modification agreement ). I am frightened and concerned and Ocwen is of no assistance on getting this matter corrected. This is impacting my credit and causing harm to my other responsibilites and above all stressful.
Company Response:
State: FL
Zip: 33455
Submitted Via: Web
Date Sent: 2018-07-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Sadly my complaint has expanded fifteen years and every time I apply for refinancing and am denied I get to relive the humiliation resulting from the bullying practices of XXXX XXXX XXXX/American Home Mortgage. XX/XX/XXXX : " I am pleased to advise you that your request for a loan modification has been approved ... '' Really? After bullying us into a modification with threats of losing our home it took 3 months of not allowing us to pay on our mortgage you approve us for 11.25 % and a higher monthly payment! When I phoned to express my grave concerns, '' Mam, you really don't have any other options ... '' XXXX : Again, due to financial hardship we were left with no other option but to modify again at an outrageous rate. Again, getting nowhere with the company I reached out to the Attorney General. XX/XX/XXXX- sent a letter to XXXX XXXX-CT Attorney General- he responded to no avail. Got the run around and told mortgage companies were allowed charge those interest rates ... etc ... .but does that make it right? They threaten to take away your home unless you modify! That is bullying!!!! XXXX Sent another letter of disgust hoping for some retribution-no luck with the organizations referred to. XXXX Sent a letter to XXXX-CT Attorney General and was referred to Making Homes Affordable program but we did not qualify. XXXX Trying to refinance only to yet again be told we don't qualify and that we have been paying thousands of dollars per month to barely move forward on our loan amount that is {$100000.00} more than we paid for it in XXXX!!!!!! We work hard to provide for our family, we have never asked for a handout yet mortgage companies are allowed to take advantage and the consumer literally has not protection against these bullies. Thank you for taking the time to hear my complaint and I'm not anticipating any outcome in my favor but I feel if I don't continue to express my disgust with the whole process then I remain the victim.
Company Response:
State: CT
Zip: 067XX
Submitted Via: Web
Date Sent: 2018-07-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-24
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We, XXXX XXXX XXXX and XXXX XXXX XXXX, signed a Mortgage and a Promissory Note with XXXX XXXX XXXX. The purported loan closing date was XX/XX/XXXX with a XXXX # of XXXX. APN/Parcel/PIN : XXXX. The Subservicer of the Loan was XXXX XXXX XXXX XXXX and the Master Servicer was XXXX XXXX XXXX, XXXX. The alleged Loan Originator was XXXX XXXX XXXX. It has come to our attention that the named Payee on our Note was neither a source nor a conduit for funds. The naming of a Payee who is not the source of funding prevents merger of the debt with the note, which can only occur when the Payee and creditor are the same. In most cases, the named Payee is different from the creditor ( s ) who funded the loan, intentionally or otherwise, and in our case, the recorded Mortgage names XXXX XXXX XXXX as the purported Lender who is different from the creditor who actually funded the loan - whoever that might be. The named Payee on the note and mortgage were never in privity with the actual funding source. Subsequently, on XX/XX/XXXX the Mortgage was purportedly assigned by Mortgage Electronic Registration Systems ( MERS ) to XXXX XXXX XXXX , XXXX XXXX, as Trustee for XXXX XXXX XXXX XXXX XXXX Mortgage Backed Certificates, Series XXXX, as nominee for Lender and Lenders successors and assigns, although XXXX XXXX XXXX had already gone bankrupt in XXXX. The mere presence of MERS is indicative of the flaws and defects that exist in the chain of title in regard to purported transfers of the Mortgage pertaining to our family home. The claims by MERS are false claims. MERS claims an agency relationship based upon a series of relationships. MERS has never pled or proven such relationship. There is no agency relationship. MERS has no members. MERS makes the False Claim that they are a Mortgagee. MERS has not shown any prima facie evidence or proven that the person who signed the Assignment of Mortgage for MERS was an Assistant Secretary of MERS. We have never been shown any prima facie evidence that the owner of our alleged debt is held by a member of MERS. We have never been shown that the records of MERS are accurate. In Illinois, a mortgage is considered real property. In order to have a valid and enforceable title to the mortgage contract there must be a complete WRITTEN chain of assignments from the lender to satisfy the Statute of Frauds. The initials XXXX XXXX for XXXX XXXX XXXX XXXX XXXX and their principal place of business is in the city/state of XXXX, which is the most unregulated financial District in the world. XXXX has been prosecuted by the Department of Justice for money laundering of billions of dollars of XXXX drug cartel money and has also been prosecuted for establishing illegal tax havens for wealthy individuals in attempts to avoid paying their fair share of federal income taxes. Evidently, our loan was purportedly securitized and that is consistent with the language in the first paragraph of the Promissory Note wherein it states that the Promissory Note was for the loan that I received. So, the Note that we signed pertained to loan documents ( contracts ) that had already been entered into by undisclosed 3rd parties that we have never been made aware of and that involved loan terms that have never been disclosed to us. Therefore, it is evident that our Note is only evidence of a loan and was not the actual loan. Despite our numerous requests, it has never been disclosed to us what the terms of this loan contract were/are, who the parties were/are, or who/are the actual Lenders. This was a table funded loan and in violation of the Truth in Lending Act ( TILA ) and Regulation Z and involved parties with whom we never had any privity of contract. The term TILA means the Truth in Lending Act, 15 U.S.C. Sections 1601-1666j, as amended. TILA, which took effect on XX/XX/XXXX, is intended to promote the informed use of consumer credit by requiring creditors to disclose credit terms and costs, requiring additional disclosures for loans secured by consumers homes and permitting consumers to rescind certain transactions that involve their principal dwelling. The term Regulation Z means the regulation that the FRB promulgated to implement TILA, 12 C.F.R. 226, as amended. The term also includes the FRB Official Staff Commentary on Regulation Z, 12 C.F.R. 226 Supp.1, as amended. In the course and conduct of offering and making mortgage loans, XXXX, in numerous instances, has violated and continues to violate, the requirements of TILA and Regulation Z in the following and other respects by : ( a ) failing to disclose, or accurately disclose : ( i ) the annual percentage rate, in violation of Section 129 ( a ) ( 2 ) of TILA, 15 U.S.C. section 1639 ( a ) ( 2 ), and Section 226.32 ( c ) ( 2 ) of Regulation Z, 12 C.F.R. Section 226.32 ( c ) ( 2 ) ; ( ii ) the regular payment amount, in violation of Section 129 ( a ) ( 2 ) of TILA, 15 U.S.C. Section 1639 ( a ) ( 2 ), and Section 226.32 ( c ) ( 2 ) of Regulation Z, 12 C.F.R. Section 226.32 ( c ) ( 3 ) ; ( iii ) failing to make the disclosures described above clearly and conspicuously in writing at least three business days prior to consummation of a mortgage loan transaction, in violation of Section 129 ( b ) ( 1 ) of TILA, 15 U.S.C. Section 1639 ( b ) ( 1 ) and Section 226.31 ( b ) and ( c ) ( 1 ) of Regulation Z, 12 C.F.R. Section 226.31 ( b ) and ( c ) ( 1 ). In the course and conduct of offering and making mortgage loans and/or extending other consumer credit, XXXX, in numerous instances, has violated, and continues to violate, the requirements of TILA and Regulation Z, in the following and other respects by : ( a ) failing to make TILA disclosures in writing before consummation of a consumer credit transaction, in violation of Sections 121 ( a ) and 128 ( b ) ( 1 ) of TILA, 15 U.S.C. Sections 1631 ( a ) and 1638 ( b ) ( 1 ) and Sections 226.17 ( a ) and ( b ) and Section 226.18 ( a ) of Regulation Z ; ( b ) failing to disclose, or accurately disclose, the following information : ( i ) the identity of the creditor making the disclosures, in violation of Section 128 ( a ) ( 1 ) of TILA, 15 U.S.C. Section 1638 ( a ) ( 1 ) and Section 226.18 ( a ) of Regulation Z, C.F.R. Section 226.18 ( a ) ; ( ii ) the amount financed, in violation of Section 128 ( a ) ( 2 ) of TILA, 15 U.S.C. Section 1638 ( a ) ( 2 ) and Section 226.18 ( b ) of Regulation Z, C.F.R. Section 2 26.18 ( b ) ; ( iii ) the finance charge, in violation of Sections 106 and 128 ( a ) ( 3 ) of TILA, 15 U.S.C. Sections 1605 and 1638 ( a ) ( 3 ) and Sections 226.4 and 226.18 ( d ) of Regulation Z, C.F.R. Sections 226.4 and 226.18 ( d ) ; ( iv ) the annual percentage rate, in violation of Sections 107 and 128 ( a ) ( 4 ) of TILA, 15 U.S.C. Sections 1606 and 1638 ( a ) ( 4 ) and Sections 226.18 ( e ) and 226.22 of Regulation Z, C.F.R. Sections 226.18 ( e ) and 226.22 ; ( v ) the payment schedule, in violation of Section 128 ( a ) ( 6 ) of TILA, 15 U.S.C. Section 1638 ( a ) ( 6 ) and Section 226.18 ( g ) of Regulation Z, C.F.R. Sections 226.18 ( g ) ; ( vi ) the total of payments, in violation of Section 128 ( a ) ( 5 ) of TILA, 15 U.S.C. Section 1638 ( a ) ( 5 ) and Section 226.18 ( h ) of Regulation Z, C.F.R. Section 226.18 ( h ) ; ( vii ) whether or not a penalty may be imposed if the obligation is prepaid in full, in violation of Section 128 ( a ) ( 11 ) of TILA, 15 U.S.C. Section 1638 ( a ) ( 11 ) and Section 226.18 ( k ) ( 1 ) of Regulation Z, C.F.R. Section 226.18 ( k ) ( 1 ) ; ( viii ) any dollar percentage charge that may be imposed before maturity due to a late payment, other than a deferral or extension charge, in violation of Section 128 ( a ) ( 10 ) of TILA, 15 U.S.C. Section 1638 ( a ) ( 10 ) and Section 226.18 ( l ) of Regulation Z, C.F.R. Section 226.18 ( l ) ; and, ( ix ) the fact that the creditor has or will acquire a security in the consumers principal dwelling, in violation of Section 128 ( a ) ( 9 ) of TILA, 15 U.S.C. Section 1638 ( a ) ( 9 ) and Section 226.18 ( m ) of Regulation Z, C.F.R. Section 226.18 ( m ) ; and, ( c ) making consumer credit disclosures that do not reflect the terms of the legal obligation between the parties, in violation of Section 226.17 ( c ) ( 1 ) of Regulation Z, 12 C.F.R. Section 226.17 ( c ) ( 1 ). By failing to disclose, or accurately disclose, material credit information, as described above, XXXX has engaged, and continues to engage, in deceptive acts or practices in violation of Section XXXX ( a ) of the FTC Act 15, 15 U.S.C. Section 45 ( a ). In the course and conduct of offering mortgage loans and/or extending other consumer credit, XXXX in numerous instances has violated, and continues to violate, the requirements of TILA and Regulation Z in the following and other respects by : ( a ) failing to deliver the required notice of the right to rescind consumer credit transactions in which security interest are or will be retained or acquired in consumers principal dwelling, in violation of Section 125 ( a ) of TILA, 15 U.S.C. Section 1635 ( a ) and Section 226.23 ( b ) of Regulation Z, 12 C.F.R. Section 226.23 ( b ) ; ( b ) engaging in the practices described above, thereby depriving consumers of the right to rescind, in violation of Section 125 ( a ) of TILA, 15 U.S.C. Section 1635 ( a ) and Section 226.23 ( a ) of Regulation Z, 12 C.F.R. Section 226.23 ( a ) ; ( c ) by failing to disclose, or accurately disclose, material information relating to, or making misrepresentations regarding the TILA right of rescission, as described above, XXXX has engaged, and continues to engage, in deceptive acts or practices in violation of Section 5 ( a ) of the FTC Act, 15 U.S.C. Section 45 ( a ). Consumers have suffered, and will continue to suffer substantially as a result of XXXX violations of TILA and Section 5 ( a ) of the FTC Act, as set forth above. Despite our numerous requests, it has never been shown to us who the real parties in interest are and/or the identiy ( ies ) of the true creditors in regard to our Promissory Note. Therefore, no true creditor has been brought before us who can state a cause of action, provide proof of an injury and/or direct causation that can be redressed by a Court with jurisdiction. We can not be in default when we do not know who is owed and for how much, if any. There appears to be no evidence in any jurisdiction that the named trust exists, or was organized within any jurisdiction. We can find no evidence of an original document organizing the trust, nor that the trust document ( Pooling and Servicing Agreement ) was ever completed as a written instrument with exhibits. We can no find no evidence or even suggestion in any document that the named trust entity was utilized by anyone in any financial transaction ( one in which money exchanged hands ) or business activity. Specifically, other than self-serving and apparently self-generated documents, there has been no evidence presented to us that would corroborate a claim that the Trust ever conducted business and more specifically ever acquired the debt. In the absence of any evidence to the contrary, including evidence of an actual financial transaction in which the loan was originally funded or purchased, none of the parties named in any of the recorded instruments, including XXXX XXXX XXXX , XXXX XXXX, As Trustee for XXXX XXXX XXXX XXXX XXXX Mortgage Backed Certificates, XXXX XXXX, is either the obligee of the debt nor a person legally empowered to collect the debt on behalf of the obligee based upon long-standing guidelines published by the XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ), the XXXX, and statutory law ( UCC- Uniform Commercial Code ) enacted as law in all 50 states. The authenticity and authority of all signatures on our note are denied specifically ( see UCC 3-308 ). We are not expert document examiners. We understood that we were receiving a loan from the lender named within the four corners of the document. The substance of the transaction, however, was that the money used to fund the transaction came from the proceeds of the sale of unknown third parties. Because the law regards substance over form, we take it to mean that we were deceived ( by fraud ) into signing a document when we were unaware, by reason of such fraud, that we were executing a document of that nature. We intended to sign up for a loan, however, the substance of the document we actually executed was quite different. Our lender was a stand in and never loaned their capital at risk of loss. The money was advanced by an undisclosed third party. While other forms of fraud make a note voidable, fraud in the factum makes a note void ab initio. As evidence that the Trust is empty is the fact that New York Trust law prohibits a Trustee of a Trust from accepting a late assignment to the Trust because it could cause the Trust to lose all of its tax benefits and cause a great loss to the Trust beneficiaries. So did the Trust actually accept the late assignment which the PSA says is an ultra vires act? We think not. Further, Ocwen Loan Servicing, LLC claims to be the current servicer of our purported loan. Despite numerous inquiries, Ocwen has failed/refused to provide evidence that an initial power of attorney exists wherein the alleged named Trustee, XXXX XXXX XXXX , XXXX XXXX authorized Ocwen to act and sign for the loans allegedly held in the mortgage-backed securitized trust on behalf of said mortgage-backed securitized trust, to demonstrate manifestation of the principals intent to enter into a fiduciary relationship with Ocwen where Ocwen acts on the principals behalf and subject to the principals control. Despite our timely Notice of Rescission of the Loan in accordance with the United States Supreme Court decision of XXXX v. XXXX XXXX XXXX , XXXX, we attempted to obtain a Modification Agreement and made numerous and timely trial payments to Ocwen, who purported to be the Servicer, at the time, for XXXX as Trustee for XXXX XXXX XXXX XXXX XXXX. Despite our full compliance with the terms of the modification agreement, and Ocwen/XXXX acceptance of our timely loan modification payments, Ocwen/XXXX has failed/refused to honor the modification agreement. Again, despite our numerous and repeated efforts to amicably resolve these issues, XXXX XXXX XXXX , XXXX XXXX has wrongfully scheduled a foreclosure sale set for XX/XX/XXXX at XXXX XXXX ( 15 CH 12854, Calendar 57 ), Circuit Court of XXXX County, Illinois. It should be noted that XXXX has been fined billions of dollars for their egregious actions, many of which are very similar to our case, and have entered into numerous Deferred Prosecution Agreements ( DPAs ). The Justice Department, the Department of Housing and Urban Development ( HUD ) and the Consumer Financial Protection Bureau, along with 49 State Attorney Generals and the District of Columbias Attorney General, have reached a {$470.00} XXXX agreement with XXXX XXXX XXXX XXXX and its affiliates ( collectively XXXX ) to address mortgage origination, servicing and foreclosure abuses. Also, Ocwen has entered into a {$2.00} XXXX settlement with the Consumer Financial Protection Bureau to address allegations of robo-signing of foreclosure documents and other fraudulent practices while servicing loans for over XXXX struggling homeowners. In Illinois, alone, Ocwen is providing troubled borrowers with more than {$91.00} XXXX in first lien principal reductions and more that XXXX will be eligible for a direct cash payments. In conclusion, it is evident that the many egregious and fraudulent actions that XXXX and Ocwen have been fined and prosecuted for, are also prevalent in their handling of our Mortgage and wrongful pursuance of this foreclosure action regarding our family home. Therefore, we respectfully request that an investigation be conducted against XXXX and Ocwen pursuant to the issues raised in this Complaint as well as violations of TILA, Regulation Z, and/or Section 5 ( a ) of the FTC Act including, but not limited to, rescission or reformation of contracts, refund of monies paid, and/or disgorgement of ill-gotten gains. We also respectfully request that we be awarded such relief as this Honorable Office deems reasonable as a result of XXXX and Ocwens illegal and egregious actions and to prevent unjust enrichment.
Company Response:
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2018-07-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Please review the documents submitted. In 2007 prior to the mortgage industry collapse I wrote the justice department, RESPA, the Treasury Department and state representatives when I discovered I was illegally out into as n ARM. I was not a participant of the Ocwen settlement. Instead of receiving a principle reduction Ocwen threatened foreclosure or sign of on a XXXX balloon. This is after agreeing to the government settlement. Loan Modifications for Struggling Homeowners The settlement also ordered Ocwen to provide {$2.00} XXXX in principal reductions to eligible underwater borrowers who were at risk of foreclosure. To accomplish this, Ocwen offered write-down loan modifications to eligible borrowers. ( A write-down loan modification reduces the principal balance on the loan. A lower principal balance results in lower monthly payments. )
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-07-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: About a year ago I noticed my principle balance on my loan increased. Ocwen loan servicing added roughly 4800.00 dollars to my principal balance. I called them and questioned why. They could not give me a reason why. The next day I noticed they reversed the charge. They reapplied the money back to my account. This made me really suspicious. So I requested statements the statements never had the information showing the mistake or fraud. I called multiple times in most cases I always had to talk to someone else. My account representative was never available. After multiple complaints I was given a new account representative. Even though I set up appointments with her she wouldnt always call me back. She never did give me an explanation why they added this money to my account. After months of trying to figure out why I got burned out and gave up. Well today I was looking back at my statements online. Ive noticed once again money being added to the principle balance. I havent taken any loans out or refinanced. I missed some payments years ago but Ive paid everything back through my bankruptcy. I dont understand how they can increase the principle balance on my loan. Am I miss interpreting the statements? Please help!
Company Response:
State: WA
Zip: 989XX
Submitted Via: Web
Date Sent: 2018-07-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-20
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: In XXXX we filed for Chapter XXXX and a repayment plan. Ocwen Mortgage bought our mortgage in XXXX of XXXX. We came to the end of the Chapter XXXX at the end of XX/XX/XXXX. Ocwen signed all the necessary documents showing the end of this plan. Starting in XXXX of XXXX, Ocwen started billing us for back interest and late payments and any other fees they could come up with. The bankruptcy court notified Ocwen to correct all of these additional fees. They were also in contempt of court due to not showing up for the court hearing. The payment on this loan has not been paid since XX/XX/XXXX due to the attorney telling us not to make it until everything was corrected by Ocwen. Ocwen is hiding all of this and not even reporting it past due on the credit bureau.
Company Response:
State: OK
Zip: 73170
Submitted Via: Web
Date Sent: 2018-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-20
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: The company did not give me the credit for the principle reduction. Further I was not notified by Ocwen about the settlement with the government despite writing them for the last 6 years. Why was I not included in the principle reduction. I have letters from that state my principle balance without the balloon payment. After I reported Ocwen to CFPB they went o. The attack made changes to my credit report and dropped my score over 30 points. I disagree with their response to you. Consumers including myself are still suffering at the hands of this company.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-07-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-07-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Ocwen LN XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX CA XXXX XXXX XXXX Short sale was started XX/XX/18 with Ocwen. XX/XX/18 Borrower was approved for a loan modification. As per Ocwens request the borrower responded on XX/XX/18 with a signed letter declining the loan mod and requesting a short sale. Per federal guidelines, this file should have been rolled immediately into a short sale. Ocwen is refusing to do this. Instead, they are requiring a brand new complete financial package from the borrower, and they are blaming this on investor as an investor requirement. This is not legal. This is NOT acceptable. In addition, Ocwens employees in XXXX have no idea what a self-directed IRA is, and are refusing to acknowledge this as a viable option for a buyer to purchase a property. Instead they are requiring XXXX documents. We have explained several times to Ocwen that this is a self-directed IRA and not an XXXX. Ocwens employees in XXXX are still refusing to move forward without XXXX docs. Ocwen is allowing people in a third-world country that can not properly read, write and speak English and have NO knowledge of how transactions are handled in the United States to make decisions that are affecting their clients ( I believe our experiences with Ocwen are very similar to what thousands of Californians have experienced in the past and almost led to Ocwen being banned from doing business in this State ). This is also NOT acceptable. I want the federal guidelines to be adhered to and this to be immediately rolled into a short sale with no further illegal action or investor-blaming on the part of Ocwen. I also want to know who the investor is immediately, so that we may file a federal complaint against them as well, for allowing their servicer to commit these illegal acts. CC : California Attorney General XXXX XXXX
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-07-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A