Date Received: 2018-03-29
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: OCWEN LOAN SERVICING, LLC a Florida corporation XXXXXXXX XXXX XXXX XXXX XXXX a Delaware limited liability Company XXXX XXXX XXXX ATTORNEY The above people are attempting an illegal foreclosure on my home, they used a a well organized plan to be avoid Civil Foreclosure suit use XXXX Deed of Trust assignment which has been rendered Void by various Courts to apply for Letters of Administration in XXXX Probate Court. Ocwen and Dependent Administrator filed eviction and Ocwen had XXXX failed attempts at house seizures and lockdown my house, I have XXXX little children. XXXX XXXX, ( XXXX no. XXXX and XXXX XXXX. XXXX ). XXXX XXXX XXXX XXXX XXXX case XXXX was heard on XX/XX/XXXX. XXXX XXXX XXXX XXXX XXXX XXXX is on appeal. to be heard on XX/XX/XXXX. BACKGROUND ON FRAUD XXXX XXXX CANCELLED. XXXX & Ocwen did could not foreclosure in XXXX yrs because the original loan documents were presumed lost, we challenged them on history payments for yrs, but suddenly Monday they fabricated payments. ( we never applied for the loan, never received loan docs. XXXX canceled XX/XX/XXXX the loan ). no payments were made, no delinquent notice, no default notice filed or no foreclosure filed. Ocwen LLC tries to collect on canceled loan void Deed of Trust Assignment via probate. We sent letter to the Courts stating their Assignment is Void. Ocwen is illegally seizing our home at XXXX XXXX XXXX XXXX Texas XXXX where I have lived since XXXX. My parents left a Will and the home already has been transferred to me. I believe as well as other legal authorities that Ocwen letters of Administration is defective because Ocwen used the known Void Deed Of Trust to obtain rights. The law is clear, it fraudulent. There is overwhelming proof that the application for Letters of Administration was made with the knowledge that the Deed of Trust it used was void. ( Citing 12.002 ( a ) ( 1 ). ( Id. ) Section 12.002 ( a ) of the TEX. CIV. PRAC. & REM. CODE, and Courts have agreed that fraudulent assignment does not claim on title, the forged Deed of Trust is Void. a Under Texas law, XXXX Bank XXXX XXXX XXXX assignment is fraudulent as defined by Section Code 51.901 ( 11 ) ( c ) Violation of Texas Government Code. ( 11 ) The Mortgage assignment was recorded and filed in XXXX XXXX, Texas, the county clerk. ( c ) The court 's finding may be made solely on a review of the documentation or instrument attached to the motion and without hearing any testimonial evidence. XXXX Bank XXXX XXXX XXXX XXXX has been rendered fraudulent-void Courts and Texas Courts.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77086
Submitted Via: Web
Date Sent: 2018-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I spoke to Ocwen Loan Serving reference my loan : XXXX on XX/XX/XXXX and was informed that my {$1500.00} dollar payment was being returned. The previous month was the same thing for {$460.00}. Ocwen took my payment inXX/XX/XXXX. In addition, I was informed that Ocwen denied my request for a Loan Modification. Last year, Ocwen representative told me in order to qualify for a Loan Modification you need to fall behind on your payments and have your " stay '' on Chapter XXXX Bankruptcy removed. I recently had the " Stay '' removed around XX/XX/XXXX I did everything Ocwen asked me to do. Ocwen refuses to work with me, I received a copy of the court order from my Chapter XXXX Attorney with Arrears being over {$13000.00} dollars. The principle balance of my loan is {$84000.00} The equity of the home is over {$200000.00} dollars, my attorney said, " I think Ocwen wants to foreclose on your home to make a huge profit '' This another form of predatory lending or scam that this loan servicer is trying to take advantage and abuse consumers like me. In fact, I XXXX my wife to XXXX and it also caused a financial strain on my finances. Ocwen number XXXX, because of the lies Ocwen and the unwillingness to take my payments. I no longer trust this business, they have violated the " good faith practice ''. I ask your assistance in protecting my consumer rights immediately. Thank you
Company Response:
State: NC
Zip: 283XX
Submitted Via: Web
Date Sent: 2018-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I became XXXX in XX/XX/XXXX they Ocwen should have given me a forbearance. They refused. And my wife passed in XX/XX/XXXX which a clause in the loan had mortgage insurance for payoff and they denied it.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 159XX
Submitted Via: Web
Date Sent: 2018-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: on XX/XX/2018 I was approved for a trial modification plan that required 3 monthly payments {$1100.00} each month beginning XX/XX/18 and the last payment being on XX/XX/2018. I was told that the foreclosure scheduled for XX/XX/2018 would be on hold postponed while I am in this plan. I made my first payment on XX/XX/2018, second on XX/XX/18 and third on XX/XX/18. All payments we at least 2 weeks ahead of the due date. Each month I would call and ask why the foreclosure sale for XX/XX/2018 still shows active and each time I was told it is on hold. on XX/XX/18 I emailed XXXX XXXX XXXX of Ocwen Loan Service asking why the foreclosure was still active, he replied with the following " Dear XXXX, We apologize for the confusion this matter may have caused you. Please be advised that the foreclosure activity on the account is currently on hold as the account is set up for Trial Payment Plan. Your second trial plan is due on XX/XX/2018 in the amount of {$1100.00}. on XX/XX/18 I emailed XXXX from ocwen again asking why the sale is active to which he replied " Dear XXXX, Please be advised that the confirm foreclosure sale date is scheduled for XX/XX/2018. However, the foreclosure is put on hold to complete the trial plan successfully. Once you complete the trial plan successfully by making all trial payments on time then the account will be reviewed for permanent modification. '' on XX/XX/XXXXI emailed XXXX from Ocwen again to as why the sale is not on hold to which he replied " Dear XXXX, We apologize for any inconvenience this matter may have caused. Exceptional customer service is our primary goal and we regret your experience with us has been less than favorable. We have noted the account with the information you have provided. Our records show that the account is under foreclosure. However, the foreclosure sale date has been placed on hold. For any clarification regarding the foreclosure, please contact the foreclosure attorney at XXXX XXXX XXXX, XXXX at ( XXXX ) XXXX and ask for XXXX XXXX or XXXX XXXX. '' on XX/XX/18 I called XXXX XXXX the attorney for Ocwen who advised me that the sale is still active and is not on hold. He advised that it wont be put on hold until the firm is advised by the client ( Ocwen ) to do so. I stated that Ocwen told me that they did notify the attorney to which XXXX reply was " Not Yet '' On XX/XX/18 I contacted my attorney XXXX XXXX and asked if he could contact the attorney for Ocwen to get clarification. XXXX called the Attorneys office who also indicated to him that the sale is still active and not on hold. on XX/XX/18 I contact the XXXX XXXX XXXX to file a complaint. I do not recall the agents name but calls are recorded. She advised that I am on a modification plan and the foreclosure should be on hold. I was told she would call me with in 24 hours but that call never came in. on XX/XX/18 I was called by XXXX from Ocwen to tell me that they are still working on a modification. He stated I should receive it in 10 business days which will be XX/XX/18 - 1 day after the foreclosure sale date of XX/XX/18. As of today XX/XX/2018, my sale is active on the XXXX county sheriff sales page. I have numerous people stopping in front of my home taking pictures daily, I get no less than XXXX pieces of mail per day asking me to file bankruptcy and stating my home will be sold on XX/XX/18 and this is marked in big letters on the outside of the envelope for my kids and postal worker to see. My home is listed as foreclosure on real-estate websites prompting Agents to contact me and other so drive by and stop across the street and photograph me and my home. This has caused so much stress to my family and is have health impacts due to the stress. I though this was illegal, A lender can not be in a modification plan and still move forward with foreclosure. please advise on what I need to do.
Company Response:
State: PA
Zip: 173XX
Submitted Via: Web
Date Sent: 2018-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: THIS IS NOT A DUPLICATE COMPLAINT This is a new complaint written on XX/XX/2018 addressing Ocwen Loan Servicing 's illegal attempt to sell my home scheduled for XX/XX/2018. For the seventh time, Ocwen Loan Servicing is attempting to illegally sell MY home. I have had to file previous complaints to address the previous six illegal attempts of this entity to sell my property. Once again, Ocwen Loan Servicing is in gross and blatant violation of CFPB regulations, federal and state law, and a consent judgment governing their behavior. What is it going to take to stop the illegal behavior of this entity? We have been struggling to have our mortgage modified with Ocwen Loan Servicing for a number of years now. We have always qualified easily for a modification, but this company has done everything they can do to avoid modifying the mortgage. They have instead continually attempted to foreclose on us illegally, in clear violation of CFPB regulations. Because of a consent judgment against Ocwen Loan Servicing, this company is required to follow a very specific modification process and they are required to modify the mortgage. Ocwen Loan Servicing is completely out of control and we desperately need protection against their endless unlawful attacks. It is likely that the activities of this company are negatively affecting many Americans. Specifically, through their haphazard implementation of a fictitious modification process, Ocwen has continually disregarded numerous provisions of the Home Affordable Modification Program ( HAMP ) enacted under the Troubled Asset Relief Program ( TARP provision of the Emergency Economic Stabilization Act of 2008, Pub.L. No. 110- 343 ; 122 Stat. 3765 ; 12 U.S. C. 5201, 5211-5241 ; 5219 ( a ) ), Regulation X, 12 C.F.R. 1024.41 ( g ) and ( j ), Regulation X 1024.35 ( b ) ( 10 ) and other laws over and over again. In addition to the modification problems, they have also been dual-tracking me by continually attempting to foreclose on me while I have been in the active modification process the whole time. We clearly and easily qualify for a modification, and these people know that. Blatantly attempting to foreclose on and steal the home of someone who clearly qualifies for a mandatory modification is a grossly criminal act. This complaint should be referred to the appropriate authorities for criminal prosecution.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 21015
Submitted Via: Web
Date Sent: 2018-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: recently I put in a complaint that asking why XXXX was on my mortgage assignment and ocwens answer was they aquired my loan through XXXX in 2013 as part of XXXX bankruptcy ... but when I showed them different with paperwork they said it was a mistake ... i want to know why XXXX is on my corporate assignment of mortgage??
Company Response:
State: OH
Zip: 45044
Submitted Via: Web
Date Sent: 2018-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: so ... here is some fraudulent paperwork I have asked the company about but to no avail do I get an answer ... no ... you can clearly see XXXX set of papers no scribble scratch on top left corner ... clearly endorsed by decision one mortgage ... these are from XXXX ... next set..some scribble scratch top left corner ... certified true copy ... its says ... no readable name ... no date ... and clearly decision ones signature disappears ... these are from XXXX ... next set ... clearly top left ... scribble scratch has disappeared ... and clearly decision ones signature appears again ... this is XXXX ... decision one has been put of business since XXXX ... .this is clearly wrong!!! looks to me like someone is made up papers to get my home with!!! i have more too ... let me get answers on this first ... thank you!! and this stuff is now going out everywhere bc the company will not answer me!!! I tried
Company Response:
State: OH
Zip: 45044
Submitted Via: Web
Date Sent: 2018-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-27
Issue: Incorrect information on your report
Subissue: Public record information inaccurate
Consumer Complaint: The loan was discharged in bankruptcy in XX/XX/XXXX. I ocwen loan servicing obtain the loan approximately XX/XX/XXXX, and started reporting to the credit agencies. I would this to be removed.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MN
Zip: 55412
Submitted Via: Web
Date Sent: 2018-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: incorrect about my escrow going up my home owner insurance is XXXX a year and my county taxes with school taxes included are XXXX ... this company has over charged my escrow for yrs and then they ( Owen loan servicing ) sent me recently a check of XXXX in which they say that they owed me since 2 years back that money. the reason they sent that check is when I told them that I was tired of what they were doing to me and that I was going to report them with consumer finance protection bureau that's when I received that check. We purchased our home XX/XX/XXXX with XXXX XXXX XXXX in which that company went under XX/XX/XXXX and then Owen loan servicing came in to be the mortgagor. I have been paying my home since XX/XX/XXXXit is all recorded in XXXX county and in XX/XX/XXXX Owen loan servicing started collecting payment of the same loan
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-27
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I am currently in chapter XXXX. My husband is not. Co-borrowers on the mortgage. It shows as closed on both credit reports. Bankruptcy filed inXX/XX/XXXX. All payments since have been on time. Payment history inaccurate as reported. Company fixed errors XX/XX/XXXX. Since then it was updated with completely inaccurate information. They claim they have to report same information for both borrowers which is not true. Been trying to fix the errors since XX/XX/XXXX. No resolution. My husbands credit is suffering horribly and the continued errors are becoming very costly as he can not apply for anything.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 14072
Submitted Via: Web
Date Sent: 2018-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A