Date Received: 2018-06-04
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Ocwen Loan Servicing sent me a letter dated XX/XX/XXXX, stating : As of XX/XX/XXXX, you are 3264 days delinquent on your mortgage loan. Your account first became delinquent on XX/XX/XXXX. I agree that the last payment I made on the mortgage account they purport to service was XX/XX/XXXX, so the date of first delinquency is XX/XX/XXXX. Last month, Ocwen made the following statement in a letter : Our records indicate that on XX/XX/XXXX, we have processed adjustments and rolled the due dates from XX/XX/XXXX to XX/XX/XXXX in order to apply the funds toward the interest and escrow only. My position : Any adjustments Ocwen processed to my account on XX/XX/XXXX have no bearing on the underlying fact of my last payment date and the date of first delinquency. I made no payment after your XX/XX/XXXX letter, and therefore the date of first delinquency remains XX/XX/XXXX. Ocwen appears to have created unilateral adjustments for the purpose of bringing forward the date of first delinquency, so that they can continue to report this account. Its CRA reporting is illegal under FCRA Sections 623 ( a ) ( 1 ) ( A ) and 623 ( a ) ( 1 ) ( C ), and willfully fraudulent. The following guidance provided by the Federal Trade Commission supports my position : If you are a debt collector furnishing information to a CRA about the accounts of a creditor, you must report the date of delinquency given to you by the creditor. FCRA 623 ( a ) ( 5 ) ( A ) This date of delinquency determines how long the debt can be reported on a consumer 's credit report. Generally, a CRA may report a delinquent debt for seven years from the date of delinquency. If the debt was discharged in bankruptcy, however, a CRA may report it for 10 years. [ Y ] ou have legal obligations under the FCRAs Furnisher Rule. Your responsibilities include furnishing information that is accurate and complete, and investigating consumer disputes about the accuracy of information you provide. As a rule, its illegal to report information that you know or believe is inaccurate. You have reasonable cause to believe that information is inaccurate if you have knowledge, other than allegations from the consumer, that would lead a reasonable person to doubt the accuracy of the information. FCRA Section 623 ( a ) ( 1 ) ( A ) you can not, under any circumstances, report information the consumer has told you is inaccurate if it is, in fact, inaccurate. FCRA Section 623 ( a ) ( 1 ) ( C ).
Company Response:
State: FL
Zip: 33458
Submitted Via: Web
Date Sent: 2018-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: A loan modification packet has been submitted for review but Ocwen has failed to respond. The lender has violated the Dual Track restrictions of Regulation X, 12 C.F.R.1024.41 ( g ). The lender has failed to provide the required notice of additional required documents within five ( 5 ) business days in violation of Regulation X, 12 C.F.R. 1024.41 ( b ) ( 2 ) ( B ). Therefore, this client 's application was entitled to be treated as facially complete pursuant to Regulation X, 12 C.F.R. 1024.41 ( c ) ( iv ). The lender also failed to evaluate this borrower for all loss mitigation options available in violation of Regulation X, 12 C.F.R. 1024.41 ( c ) ( 1 ) ( i ).
Company Response:
State: AL
Zip: 366XX
Submitted Via: Web
Date Sent: 2018-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/2016 I experienced financial hardship. I applied for a modification. Since then now I have been denied because of the time lapse according to guidelines. Its not my faught that time has lapse from the initial time. I am furious that I am a mortgage professional and licensed now with a new career which helps me to hold down my responsibilities. The denial states my hardship will never end. Thats very unfair personally injury to me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 60617
Submitted Via: Web
Date Sent: 2018-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: my name is XXXX XXXX. We have been fighting forecloser for almost a year. we thought were making some progress. We found out on fri. XX/XX/XXXXthat our hpme was sold by the mortgage co. there name is ocwen finance. we were not notified in anyway. I've called them, but could not get an answer. I don't know what to do. my wife and I are on social security, so we don't have a lot of money to hire a lawyer. Please help us, if you can. thank you.
Company Response:
State: KS
Zip: 66762
Submitted Via: Web
Date Sent: 2018-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-02
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We were closing on the sale of our house so we did not make mortgage payment. 4 days before closing bank pulled financing for buyers. I asked the loan servicer to make a payment online which we still would owe one payment but would no longer be behind. Not only could i not make an online payment because i was behind when i called i was going to be charged an additional {$20.00} musty to make s payment. This was in addition to the late charge i already was charged. Why is s payment usually free suddenly {$20.00} more? Double charging me for a late fee.
Company Response:
State: FL
Zip: 327XX
Submitted Via: Web
Date Sent: 2018-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-02
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: There is currently a cease and desist order in affect against Ocwen Loan Servicing and its dishonest employee XXXX XXXX from directly communicating with me. Opposing counsel responded to my consumer financial protection bureau complaint in the past confirming. Sadly once again, Ocwen Loan Servicing dishonest employee XXXX XXXX is directly communicating with me, which I believe she is only doing to play childish games and intentionally harass me like she has done many times in the past, Or maybe it could it be that Ocwen failed to correct its system glitzes that has cause millions of the pretender lender loan servicers borrowers harm.
Company Response:
State: CA
Zip: 91709
Submitted Via: Web
Date Sent: 2018-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-01
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Was contacted by the XXXX XXXX or what we thought was Ocwen. We were instructed to send XXXX XXXX XXXX for our modified payments. We were obviously frauded, now a Ocwen wants {$3000.00} before XX/XX/XXXX or foreclosure.
Company Response:
State: CA
Zip: 91354
Submitted Via: Web
Date Sent: 2018-06-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-31
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Our company has been trying to get a short sale reviewed in its entirety and approved from back in XX/XX/XXXX. The primary homeowner and mortgagor passed away and left his house to his wife who still lives in the house. The Servicer, Ocwen, received all the short sale documents including the offer but refused to keep moving the process along until the wife of the deceased mortgagor went through a probate in order to sign off on any paperwork regarding the loan and the short sale. The wife of the homeowner has no money and the deceased mortgagor was their primary source of income so she struggled to figure out who can pay for the Probate process which would cost anywhere from {$2000.00} to {$3000.00}. The Buyer was reluctant to pay for the Probate at first but we were informed by Ocwen that the foreclosure would be on a standstill since we are still active in the Short Sale process. The buyer agreed to pay for the probate and the Probate attorney has been working with the Homeowner all this time to get documents processed to the Probate court. The homeowner received a foreclosure notice last week that the house is now being foreclosed as ordered by Ocwen on XX/XX/XXXX. The probate is VERY near to it's completion. I spoke to the Escalation office that we have been working with on this file and requested that the foreclosure date be postponed so we can continue the short sale and get it closed. The escalation rep explained that without the complete set of paperwork ( a revised Settlement statement which we can easily send, and the probate documents ) they wouldn't be able to postpone the Sale! So Ocwen required the homeowner to go through probate to sign documents despite the deed being in her name ( she is not on the loan ) and now they are not allowing the foreclosure date to be postponed because of their need was not met. I explained to the Escalation rep that I would send her all that is needed by next week but we would like to see if CFPB can assist in this so the postponement can be ensured.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MA
Zip: 014XX
Submitted Via: Web
Date Sent: 2018-05-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-31
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Hello, I applied in XX/XX/XXXX to XXXX XXXX for a home mortgage. I currently had a home equity loan with a variable rate and was looking to get a fixed rate product because interest rates were rising. I opened the Home Equity Loan with XXXX XXXX in XX/XX/XXXX. At that time my mortgage servicer, Ocwen Loan Servicing was paid in full from the proceeds of the Home Equity loan. In the process of doing the current refinance, XXXX XXXX 's attorney contacted me that there was an open lien on my property. The attorney stated that the satisfaction of mortgage done by Ocwen in XX/XX/XXXX was incorrect and had to be re-done. The attorney sent the title company info he had to Ocwen to assist them in doing the corrected satisfaction. This began before the XX/XX/XXXX. The attorney would periodically contact me that he did not receive the satisfaction from Ocwen. I was contacting Ocwen numerous times each week asking them why the satisfaction was taking so long. All they would say was that it was being researched. My loan processor at XXXX informed me during this time that I needed to extend my commitment to save the rate I had locked in if the loan didn't close by XX/XX/XXXX. The rate expired on XX/XX/XXXX and XXXX stated there would be a fee charged of {$470.00} which I paid at my closing to save the lower rate. Because of the delay in waiting for the satisfaction my loan didn't close until XX/XX/XXXX. The first satisfaction they sent to XXXX XXXX was incorrect and there was an additional delay for them to do a corrected one. Both are attached. Ocwen dated the 2nd satisfaction XX/XX/XXXX so it would appear they were in compliance with the timelines for RESPA. The XXXX attorney did not receive the satisfaction until Friday, XX/XX/XXXX. In addition to that, because of Ocwen 's delay in doing the corrected satisfaction, the title company for XXXX XXXX required that I deposit {$5000.00} in escrow until the recorded satisfaction of mortgage was received back from the XXXX County Clerk. The attorney also advised them that they needed to prepare an Assignment of Mortgage which they never did initially. The XXXX title attorney 's communications with Ocwen began on XX/XX/XXXX. The first reply I received was the attached letter dated XX/XX/XXXX that they are in the process of preparing the discharge/satisfaction. It took 2 weeks just for them to send an acknowledgement letter. As a result of their incompetence, I am out {$470.00} for the extension fee as well as the use of my {$5000.00}. The escrow holdback and fee paid is shown on the attached closing statement. I had an attorney send a letter to them dated XX/XX/XXXX ( copy enclosed ). Their reply to that was that she was not an authorized party so they would not reply to her. I sent a letter to Ocwen on XX/XX/XXXX ( copy attached ) giving them authority to reply to the attorney and requesting reimbursement for the above. I have sent 2 letters to Ocwen about this and their reply letters do not address the issue. They keep referring to the time line of the County Clerk in recording the satisfaction document. They do not acknowledge their delay in producing the corrected satisfaction or their error in doing the satisfaction incorrectly in XX/XX/XXXX. Attached is the mortgage schedule from XXXX XXXX XXXX XXXX. XXXX noting the defective satisfaction recorded in XX/XX/XXXX. I have requested that they refund me the extension fee of {$470.00}, the reimbursement for the loss of use of my {$5000.00} that had to be held pending recording of the satisfaction ( approx. 16 days ). Ocwen has not complied with Section 1921 of the Real Estate Actions and Proceedings Law. This states that failure by a mortgagee to present a certificate of discharge for recording shall result in the mortgagee being liable to the mortgagor in the amount of XXXX XXXX Dollars if he or she fails to present such certificate within 30 days, shall result in the mortgagee being liable to the mortgagor in the amount of XXXX XXXX dollars if he fails to present a certificate of discharge within 60 days or shall result in the mortgagee being liable to the mortgagor in the amount of XXXX XXXX XXXX XXXXd dollars if he fails to present a certificate of discharge for recording within 90 days. I hope you can assist me in recovering these funds from Ocwen. Ocwen is a substandard servicer and I am sure there are numerous complaints from other consumers. It is unfair to me as a consumer to have to pay additional fees as a result of the delays and incompetence of Ocwen Loan Servicing. Thank you for your help.
Company Response:
State: NY
Zip: 10308
Submitted Via: Web
Date Sent: 2018-06-06
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-05-31
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I was involved in a settlement from Ocwen and i am attaching the settlement documents below ... On this settlement I am being awarded and offered a principal reduction on my home. I demand under this federal court order that this order be in compliance to my loan and I receive a principal reduction without having to repay any of the loan back to you. On this Court order it states that If i was affected I will be compensated in many ways. This is to include a principal reduction. I demand a principal reduction of my entire loan in the amount of XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ) as soon as possible. I also want my demand that my Property mortgage Insurance be taken off since my mortgage loan is below the 80 % loan value. I demand that the PMI being charged be taken off ASAP. I also demand that a XXXX Property Inspection fee be taken off my account charges. This charge was put on there in XX/XX/2018. I demand a phone call ASAP XXXX.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-05-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A