Date Received: 2018-03-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We have paid our mortgage in full and on time since its inception in XX/XX/XXXX. We have no escrow account and have always paid our insurance and property taxes on time and in full. In the summer of XX/XX/XXXXOCWEN charged us for forced place insurance even though we had insurance. They never sent us notification of this or the reason why it was necessary. We had insurance thru XXXX XXXX at the time. I didn't realize they had done this until I got a collection call from them stating that we were 90 days past due on our loan. During that conversation I was also told that forced place insurance had been applied in early XX/XX/XXXXas well. I pulled our credit report and found that OCWEN had indeed reported our loan 90 days past due. Over a six ( 6 ) week period I spoke with numerous OCWEN customer service agents, XXXX xXXXX, XXXX XXXX x XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, and was told that XXXX had not provided them with a copy of the policy. XXXX provided proof that insurance was in place and never lapsed, and provided me with a copy of the fax transmittance. OCWEN promised that once they received the documentation from XXXX they would ( 1 ) removed the forced place insurance, ( 2 ) credit the charges associated with the forced place insurance, ( 3 ) issue a letter to us showing that we were not at fault and had never been late on our mortgage, and ( 4 ) correct our credit report. As of this date, OCWEN has ONLY removed the forced place insurance for XX/XX/XXXX and credited the charges associated with XX/XX/XXXX. I have made over 20 calls and spent over 6 hours with OCWEN customer service trying to correct this -- the last of which was with XXXX x XXXX on XX/XX/XXXX. Due to OCWEN 's incompetence and careless regard for our credit standing, our three ( 3 ) credit reports have shown us 90 days past due since XX/XX/XXXX. Nothing seems to get them to correct their error and nobody seems interested in getting this fixed. Any attempt you could provide would be greatly appreciated.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 75077
Submitted Via: Web
Date Sent: 2018-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-26
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Despite over four years of on-time payments, on XX/XX/XXXX my credit monitoring service alerted me that Ocwen Loan Servicing, LLC had reported my 2nd mortgage as " Charged-off/Closed '', despite it being current and in good-standing for over four years. The Issue : In their investigation of XX/XX/XXXX, Ocwen claims that : " The account records available from [ the previous mortgage holder ] XXXX indicate the loan was placed in a charge off status on XX/XX/XXXX ''. Thus, Ocwen 'retroactively ' marked my 2nd mortgage as " charged-off/closed ''. However, their records are incomplete. Written Proof That XXXX Removed Charge-Off Status in XX/XX/XXXX: I have in my possession a signed letter from XXXX datedXX/XX/XXXX ( over 1 year after Ocwen 's claim that my loan was in 'charge-off ' status ), declaring that the loan was 'REMOVED FROM CHARGED OFF STATUS ' as of XX/XX/XXXX. I also kept a log of telephone conversations with XXXX customer service from XXXX, XXXX, where they explained that this was an unfortunate internal clerical error ( which is why XXXX never reported my loan to the credit bureaus as 'charged-off ' in XXXX : it was an internal error ). When they discovered this clerical error in XX/XX/XXXX, they removed it from charged-off status and sent me verification in-writing that my loan was not charged-off ( see attached PDF of the original hand-signed letter and post-marked XXXX envelope ). Impact from Ocwen 's Improper Actions : - On XX/XX/XXXX my credit score of aprox. XXXX initially fell by -81 points. - On XX/XX/XXXX, Ocwen ordered the retroactive removal of 4 years of on-time payment history from my credit report from XXXX XXXX, causing another 50 point decline. -Ocwen ceased reporting my continued, timely monthly payments. ... as a direct result of Ocwen 's actions : -XXXX XXXX immediately sold my first mortgage to a tertiary loan servicing company on XX/XX/XXXX. XXXX with XXXX 's Mistaken 'Charge-Off Status ' : Attached is a signed letter from IndyMac/OneWest dated XX/XX/XXXX, clarifying that " the above referenced loan has been removed from charge-off status as of XX/XX/XXXX. '' According to XXXX customer service, my 2nd mortgage had been mistakenly listed on internal records only as " C '' ( charged-off ) instead of " M '' ( modified ) during a 3-month trial payment schedule during a XXXX loan modification application ( ... which was approved ). Due to XXXX 's clerical error, the loan was marked - internally - as 'charged off ' even though I was making payments as-instructed to participate in the loan modification program. Because it was only recorded that way 'internally ', XXXX never reported it to the credit bureaus as charged off ( ... because it was NOT, in-fact, charged-off ). After alerting XXXX that I received a letter from a collection agency on XX/XX/XXXX ( for a loan that was clearly current, and for which they had just happily approved a loan modification ), XXXX immediately identified the situation as having been a clerical error. On XX/XX/XXXX XXXX issued the attached letter negating the mistaken charge-off status of the previous year. This letter from XXXX rescinding any previous action - combined with the fact that it was never reported to the credit bureaus because it was a mistake - nullifies Ocwen 's claim that my loan was ever charged off. Aside from the 'abbreviated ' trial payments I was instructed and obliged to make during the three month trial period for the loan modification applications, the attached records show that I have a perfect payment history dating back to XXXX of XXXX.
Company Response:
State: DC
Zip: 20019
Submitted Via: Web
Date Sent: 2018-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: 1. On XX/XX/XXXX I entered into a loan modification agreement with Ocwen Loan Servicing that was offered to reinstate my mortgage. At the time of the modification, the balance of my first mortgage loan was {$84000.00}. The approximate balance on my second mortgage loan was {$24.00}, XXXX. 2. In XX/XX/XXXX, I received an IRS form XXXX for debt cancellation from Ocwen Loan Services in the amount of {$77.00}, XXXX. According to the form I received, the amount was discharged on XX/XX/XXXX. 3. Since Ocwen was the servicer on both my first and second mortgages and they offered a solution to help us, my husband and I were lead to believe that the second mortgage was modified as well. 4. On XX/XX/XXXX I requested a pay off quote for our first and second mortgage. I was informed that our second mortgage was sold to a collection company by Ocwen Loan Servicing on or around XX/XX/XXXX. I was not even aware that the second loan existed because we were lead to believe that our mortgage was modified and both first and second loans were included. XXXX. What actually occurred is that Ocwen Loan Servicing offered what appeared to be modification solution to help my family, however, the discharged amount created additional tax liability, the balance of my first mortgage loan was not accurately adjusted to reflect the amount of debt discharged and Ocwen sold the second mortgage to a collection agency five months later without my knowledge. In fact Ocwen committed unethical and illegal underwriting practices. Ocwen created additional financial duress and burden by presenting what appeared to be a solution, but was actually misleading. 6. I contacted Ocwen Loan Servicing regarding the charged off account and was told that the second loan was not modified. Since the second loan was not modified, there is an accounting discrepancy. The principal balance of my first loan should not have been {$42000.00}. At the time of the modification ( XX/XX/XXXX ) the balance of my first mortgage loan was {$84000.00}. Ocwen Loan Servicing cancelled {$77.00}, XXXX per the XXXX I received from Ocwen. 7. When I contacted Ocwen on or around XX/XX/XXXX about the discharged debt and incorrect principal balance, they were unable to explain the discrepancy. 8. On XX/XX/XXXX, I attempted to log into my online account and Ocwen Loan Servicing has blocked my access to my online statements. 9. I have been a victim of discrimination due to race and socioeconomic status. Ocwen Loan Servicing attempted to take advantage of our financial hardship. Ocwen is in violation of Truth in Lending Act and the Real Estate Settlement Procedures Act, as well as the Equal Credit Opportunity and Fair Housing Act. 10. I have attached a copy of the IRS form XXXX as well as account activity for my first and second mortgage loans.
Company Response:
State: FL
Zip: 34472
Submitted Via: Web
Date Sent: 2018-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Dated XX/XX/XXXX/ received XX/XX/XXXX, I got letter after waiting months calling ocwen about modification letter state you approved for assistance if you complete the 3 trail paymentXX/XX/XXXX-XX/XX/XXXX, XX/XX/XXXX/ I began calling asking about modification claim it was getting process ask speak to the modification department say they didn't have one, can I speak to XXXX department I was told had write XX/XX/XXXX new pack I call ocwen right away that I disagree with decision and this is not modification what is this the woman XXXX say it's modification it go in to XXXX I said what I be all most XXXX old 'she continue talk I said my loan is not correct- XXXX I owe on my home {$140.00} and some more principal ocwen claim XXXX claim I owe $ XXXX.So I Began writing letter have not got no respond from ocwen or XXXX department /ocwen, XXXX have falsified document and claim my husband XXXX XXXX agreed underlying his loan claiming he agreed XXXX call it pass through, Ocwen they both have falsified legal document on XXXX XXXX XX/XX/XXXX claim he came in to agreement for loan to security amend and supplements 1 the mortgage note/ ocwen record another mortgage note illegal did it in XXXX XXXX TX Clerk office
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 75044
Submitted Via: Web
Date Sent: 2018-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-23
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: On XX/XX/XXXX I made my mortgage payment on line to Ocwen. I always make my payments at the end of the month before XXXX XXXX. Ocwen assured me that as long as the payment is made within the month it is not considered late. My payment was made on line XX/XX/XXXX a little after XXXX XXXX. ( on time ) Upon checking my credit report in XX/XX/XXXX, I noticed that Ocwen reported that I was late on my mortgage payment for XX/XX/XXXX. Ocwen reported that I made the payment on XX/XX/XXXX. I immediately called Ocwen to address the issue in XX/XX/XXXX and the representative looked up the payment information and admitted that the error was made by Ocwen and that they would correct my credit report to reflect the actual date that I went on line to make my payment. The representative told me that I should check my creidt report after 30 days and I would see the correction. Thirty days later I checked my report and the 30 day late was still there. I called Ocwen and inquired about the late payment and told the representative that I spoke to another rep. who assured me that the inaccurate information would be removed. She was very nasty to me and said they can not remove the information because the payment posted on XX/XX/XXXX and there was nothing I could do and that I should have received a letter in the mail. I insisted that I spoke to another Rep who told me something totally different. Then she tells me my payment was made after XXXX XXXX and that why it posted the next day. However, I told her to check my history to see that I make all my payments the last day of the month just before midnight and I always get credit for that same day not the post date. She asked me " What if I check your payment history and we decide to go back and change all your payments to late ''? She was really rude! After we kept going back and forth she told me that the credit bureau would not allow Ocwen to change the late payment. She kept giving me different excuses. I am very particular about making my payments on time. As you can see from my attached documentation, I have not been late on my mortgage payments for the past years and I am quite disturbed that Ocwen does not valueme as a loyal customer by putting incorrect and negative information on my credit report.
Company Response:
State: NY
Zip: 12180
Submitted Via: Web
Date Sent: 2018-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/XXXX I received a Notice of Acceleration of Maturity that was delivered by certified mail from Ocwen Loan Servicing ; LLC stating that under the Deed of Trust my home is scheduled for foreclosure on XX/XX/XXXX. Ocwen was not the loan originator. XXXX was the first lender, then sold to XXXX XXXX, GMAC, Ocwen. I believe the loan was sold at least four times and the amount owed kept increasing. After calling the loan servicing agency ( Ocwen Loan Servicing, LLC ) I still could not get a clear understanding to why the amount owed increased shy of {$70000.00} on a less than a {$47000.00} loan that originated in XXXX. I never received a copy of the loan documents ; communication with Ocwen Loan Servicing was difficult. 1. Never receive copys of paperwork 2. Everything was verbal up until now 3. Mortgage increasing without explanation 4. Refused copies of the loan told I would have to pay a fee 5. I stop paying in XX/XX/XXXX because I needed correct information. Never had a problem until Ocwen took over the loan 6.I am current XXXX XXXX. I asked about Servicemembers Civil Relief Act ( SCRA ) to no avail 7. Language barriers and misinformation given 8. I am alleging redlining even when I tried to address my default
Company Response:
State: TX
Zip: 76112
Submitted Via: Web
Date Sent: 2018-03-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-21
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: We have been fighting with Ocwen for years. In 2017, Ocwen filed a suit to quiet title to our home in an effort to foreclose on our home. They did this at a time when I was debilitated by illness the entirety of 2017. We were fighting them Pro Se. Because I was in and out of the hospital, I contacted Ocwen 's counsel, XXXX XXXX of XXXX XXXX. I informed her that my dad passed away and that I was unable to reply. She used this as an opportunity to file a motion for summary judgment without informing the Judge of why we could not reply. We got a letter of notice to sell under power from Ocwen 's Counsel and a foreclosure letter. The foreclosure letter said we had 30 days to dispute it. We did and Ocwen foreclosed on our home anyway. This is after the harassed us time and time again. The truth in lending disclosure was not the truth. We got an FHA Short refinance loan. To qualify for this loan we had to owe more on our home than it was worth. Unbeknownst to us, we did not qualify for this loan but they gave it to us anyway. They performed 5 appraisals and only gave is a copy of one that stated our home was worth {$310000.00}. The statements from XXXX prior to the refi showed our principal balance as {$250.00}, XXXX. So why did XXXX have the payoff amount for our loan as {$320.00}, XXXX? Why did XXXX say that they paid XXXX {$320.00}, XXXX? Because the Truth in lending disclosure gave us a loan that actually increased our payment and principal balance instead decreasing it as this was the reason we did the refinance, we should not be beholden to this. What they did was strip our equity and left us in a worse position than what we were in, to begin with. We requested a rescission and the accurate TIL disclosure had not been given to us prior to our request and therefore, we are not beholden to a loan that actually stole our equity and set us up to default so Ocwen could file an FHA claim in spite of us not being qualified for the loan. Our loan is a violation of the False Claims Act and we want to file a Qui Tam action regarding this matter and we want the loan dissolved. We have the GA Department of Banking and Finance working on Ocwen 's escrow violations and the FDIC are working on the fraudulent origination disclosures. We were offered and accepted a loan with a principal reduction. Instead, they stole our many and increased the principal by {$32000.00}. We did not qualify for an FHA short refinance. Our principal, as aforementioned was not more than our home was worth. However, XXXX and XXXX worked together to make it appears as if it was. They used our market price of appraisals as the loan amount instead of the principal. The {$310000.00} which is a sum total made up of the original loan amount and the loans they paid off during the refi origination. It is also the amount they claimed our home was worth. While claiming our loan principal was {$320000.00}. These entities used fraud to make our loan fit into the FHA short refinance for people with negative equity. We were not but they wrote it us as such so they could take as much money as they could before forcing us into default, As a result, they would get our money, file a hud claim for a defaulted loan, then foreclose and take all the proceeds. They did this in an effort to qualify us for a loan we did not qualify for to steal at least {$60000.00} of our equity. Then tacked on an extra {$32000.00} dollars onto our principal when they told us that we were having our principal reduced. Who would take out a loan to increase their debt with no gain? We were having financial problems, why would we set up a loan that would add to that problem not fix it?
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30040
Submitted Via: Web
Date Sent: 2018-03-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Ocwen is trying to forclose on me and they have NO STANDING. because they are not the holder of the note in due course. And I want them and all who are involved charged with FRAUD. 1Lack of consideration contract was not 2 sided. 2 Non Disclosure of all facts about the use of my promissory Note with my signature. 3 they took my Note monetized it and put it back in their pockets as money and then charged me with a Bill of the same amount for 30 years plus interest. 4They converted the Promissory Note In to a security without full disclosure. 5 They Also put me on their ledger as a debtor. And clearly when they monetized the Note. I became the creditor. there for they robbed me from the begging. And I never received any Federal Reserve Notes from all of the transaction that have taken place.
Company Response:
State: FL
Zip: 33435
Submitted Via: Web
Date Sent: 2018-03-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX I fell behind on our Mortgage Payments. It eventually led to a Foreclosure Lawsuit filed by XXXX XXXX XXXX, XXXX XXXX, as Trustee for XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. I had NO idea who this was, since my Mortgage was with XXXX XXXX XXXX XXXX. If my loan had been sold, I was not informed. So I called and asked, " Could you tell me who owns my note, and give me some proof? I want to be paying the right person. '' At that time I was told that they couldn't tell me. And to this day, neither Ocwen nor the Trust has given me any proof that they actually own the note. They have filed four foreclosures against my wife and I. In the last one, filed on XX/XX/XXXX ( return date ) it was eventually dismissed for no action on their part ( as I stood there in Court with my Attorney that day to defend myself ). In short they have harassed and harassed us for years and then wasted all my time defending myself, which cost me a substantial amount of resources, for nothing. Currently, they are pursuing the fourth foreclosure on my property in eight years, and again bullying and costing me a substantial amount of time and resources. I am complaining because of their constant seeming contravention of regulations and law. Such as : 1. They have refused, for years, to provide a full accounting of each and every payment, charge, fee, etc. So, we don't actually have a payment/charge history, since they cant provide one. 2. They have signed me up for Modifications which I have not agreed to and begun billing me new amounts that I never agreed to. 3. They submitted incorrect Mortgage statements with outrageous Escrow Payments amounts and other charges. 4. Many mortgage statements have included the wrong payment amounts. 5. They have filed in court a fraudulent assignment of the Mortgage, bifurcating the Note and Mortgage. This happens to violate the Trust structure and regulations, even if it was valid. The Trust was closed to new Mortgages in XX/XX/XXXX. It was therefore impossible to put a defaulted Mortgage into the Trust at the date of this assignment. Also, he agency of an entity that didnt exist was forged - XXXX XXXX XXXX XXXX didnt exist at the date of this assignment ( they hadnt existed for many years ) and most notably, having not existed and paid fees, were not members of MERS. ( Attached ) 6. They have filed in court a Modification which I had not agreed to on this loan. ( Attached ) 7. They have failed to provide a chain of title. I.e to prove that they are actually the Owner of the Note. 8. They have filed in court, on statements and in public recored for investors in the Trust multiple principal amounts. I.e. it is impossible to know the current principal, especially considering # 1 above. These different amounts are : Original Principal Amount XX/XX/XXXX : {$770000.00} Modification Amount ( 1 ) XX/XX/XXXX {$790000.00} Modification Amount ( 2 ) XX/XX/XXXX {$210000.00} Principal Amount XX/XX/XXXX : {$750000.00} Principal Amount XX/XX/XXXX : {$660000.00} I have to believe considering their behavior that there are a host of violations of the Connecticut Banking Department Regulations as well as Federal violations such as those of the CFPB, TILA and RESPA. In short it has been ever so confusing, vague and of the appearance that they clearly are NOT the Owner of the Note and Mortgage, because they cant even administrate it correctly and they are completely evasive about proving that they properly own it. Their recent bullying in Court only reinforces their appearance of nefariously obtaining the information on my loan and trying to make money from it that they shouldnt. And if by some momentous act, they pull together the documentation, it has been 8 years in the making. Weve waited that long for it. At this point, if I am told that they will defend any other claim on my Note and Mortgage, I am willing to work out a Modification with them, and I have offered to do so, with THEIR figures : Our first attempt was to agree take THEIR Modification filed in Court during this current Foreclosure of {$210000.00}. They refused. Our second attempt was the principal amount of {$660000.00}. They refused. My logic in doing this is that I can either continue to pay my attorney, expenses of which have exceeded {$200000.00} at this point, or I can find a way, whether I agree with them or not, to settle on an amount that puts this issue to close. Whatever the solution, we believe that they are not due any interest from the time that I began requesting information from them ( XXXX ) and they did not provide it, which continues to this day. To date they, through their attorney have been confrontational, bellicose and refusing to provide the kind of information that would prove that they are the Owners of the Note. ( I should state that in all of those years since XXXX, they have only produced the actual Note in Court last year, XXXX. That is 8 years after I initially asked them and after many many requests since then. ) While this adds some credence to their claim, it proves either that they are thieves or that they might own the note. It doesnt prove that the actually own in - I am stating this in accordance with their Trust creation documents, and it also aligns with New York Trust Law ( they are a NY Trust ). Compounding this is there absolutely inept servicing of the loan, which truly only heightens the alarms about their ownership. We are hopeful that someone can help us, and at this point I am reaching out to all avenues I can, to finally bring peace to me house. Any help would be appreciated. Sincerely, XXXX XXXX XXXX XXXX XXXX
Company Response:
State: CT
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-03-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: lets start at the beginning! in XX/XX/XXXXthe original lender XXXX XXXX that I signed a promissory note I endorsing the note to tender payment by Ucc code. the Mortgage company by state law was supposed to transfer promissory into a remic or a special purpose vehicle To the appropriate payee, and to file XXXX OID for tax purposes to identify payor & payee. the note was securitized which voided it when separated form the mortgage. I am an investor in the mortgage security instrument. I requested a copy of my loan docs which are separate from the mortgage agreement. the credit line the was supposed to be the source of funds that where lent to me to purchase the home which the promissory secured loan. I was induced and coerced into signing a mortgage agreement for my security that I owned and being the issuer of the investment contract not a mortgage loan to be traded on and to be recouped toward my loan balance. I also submitted certified letters to the servicer OCWEN LOAN SERVICING which has claimed to be the servicer and new holder in due course. They have not responded to the letters that I sent to them stating proof through affidavit that they a authorized to service the note or the proof of the validity of the note ( the original ) NOT A COPY. OCWEN LOAN SERVICING didn't reply to letters so I filed a Revocation of Power of attorney and sent them a copy filed in court record that the have been revoked of the right of power of attorney as servicer & Trustee removed for good cause. The servicer is still trying to foreclose. AFFIDAVIT OF XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX. c/o XXXX XXXX XXXX XXXX, [ XXXX ] Texas To : OCWEN LOAN SERVICING XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, FL. XXXX ACC # XXXX XX/XX/XXXX The undersigned, XXXX XXXX XXXX XXXX a native state Citizen and natural person, hereinafter Affiant does herewith assert and declare on Affiants unlimited liability that Affiant issues this AFFIDAVIT OF XXXX XXXX XXXX XXXX with sincere intent, that Affiant is competent to testify and state the matters set forth herein and is willing to testify with first hand knowledge, all contents herein are true, correct, and complete in accordance with Affiants knowledge, understanding, and intent. Affiant is of sound mind, and over the age of twenty-one. Affiant reserves all rights. Affiant being unschooled in law, and who has no bar attorney, without an attorney, and having never been represented by an attorney, and does not waive counsel, knowingly and willingly Declares and duly affirms : 1. Affiant is not a legal entity nor any other form of juristic or artificial person. 2. OCWEN LOAN SERVICING is engaged in the business of taking deposits making loans. 3. Affiant, regarding the absolute and legal estate, is the sole legal and absolute owner, maker, or issuer of the estate and any asset ( s ) or property ( ies ) regarding the absolute estate and Affiant has never assigned, transferred, nominated any of Affiants right, title, or interest to. OCWEN LOAN SERVICING. 4. Affiant has no knowledge of nor has OCWEN LOAN SERVICING ever revealed or disclosed to Affiant any trust relationship or creation of any trust with OCWEN LOAN SERVICING or any other ( s ) regarding alleged account # XXXX or the Mortgage/Deed of Trust regarding the same. 5. It was never Affiants intent to agree or consent to any trust relationship or creation of trust between OCWEN LOAN SERVICING and Affiant. 6. Affiant never knew of nor agreed nor consented to OCWEN LOAN SERVICING or any others granting authority and becoming a trustee, agent, or having agency over any of Affiants property. 7. Affiant understood Affiant was obtaining OCWEN LOAN SERVICINGs capital and not obtaining credit or a line of credit nor an open end nor closed end of any form of credit. 8. OCWEN LOAN SERVICING advanced money or property inducing Affiant into believing said advancement was from OCWEN LOAN SERVICINGs funds when in fact was credit. 9. Affiant was induced by OCWEN LOAN SERVICING into believing OCWEN LOAN SERVICINGs capital was the only funding source of the alleged transaction. 10. OCWEN LOAN SERVICING actions to date prevent full disclosure to Affiant denying Affiant an opportunity to make a fully informed decision with regard to this alleged transaction. 11. OCWEN LOAN SERVICING never disclosed any documented fact that OCWEN LOAN SERVICING purchased Affiants alleged obligation thereby allegedly obligating Affiant to OCWEN LOAN SERVICING. 12. CREDITOR NAME HERE induced Affiant into believing OCWEN LOAN SERVICINGs capital was the sole source of funding regarding alleged account # XXXX. 13. OCWEN LOAN SERVICING is knowingly and willfully engaging in the collection of an extension of credit while inducing Affiant into believing Affiant is repaying OCWEN LOAN SERVICINGs own capital. 14. OCWEN LOAN SERVICING is using extortionate enforcement of payment without clear and full disclosure of foundation to Affiant. 15. OCWEN LOAN SERVICING is intentionally concealing and withholding material facts regarding any trust or the creation of any trust in the alleged Mortgage/Deed of Trust connected to alleged account # XXXX 16. OCWEN LOAN SERVICING is intentionally concealing and withholding material facts in any trustee or beneficiary, designated, nominated, appointed, or assigned by Affiant. 17. OCWEN LOAN SERVICING is willfully withholding or concealing full disclosure of all material facts to Affiant. 18. OCWEN LOAN SERVICING is using undue influence upon Affiant to retain domination over the Affiants will to obtain the rights and property of Affiant without Affiants complete knowledge and intentional consent or agreement. 19. OCWEN LOAN SERVICINGs action ( s ) exceed persuasion under duress by restraining and injuring Affiants will, property, and rights without the consent, agreement and knowledge of Affiant. Any man or woman having first hand knowledge of all the facts asserted herein and having absolute power and authority to rebut this affidavit must rebut each and every point separately with the rebutting partys own signature and endorsement notarized, under the penalty of perjury and willing to testify, and executed as true, correct, and complete with positive proof attached. Absent positive proof any rebuttal shall be deemed null and void having no force or effect, thereby waiving any of OCWEN LOAN SERVICING immunities or defenses. Any rebuttal shall be mailed to the undersigned and the Notary address within ten ( 10 ) calendar days of OCWEN LOAN SERVICINGs receipt of this affidavit. When a rebuttal is not received by both the Affiant and the Notary within 10 days this entire Affidavit and default provisions shall be deemed true and correct. OCWEN LOAN SERVICING further agrees and consents to this administrative notice and default under this affidavit as clear and convincing evidence and proof of the facts asserted herein : 1. OCWEN LOAN SERVICING agrees to a Deed of release or release of Mortgage. 2. OCWEN LOAN SERVICING agrees to set aside any Mortgage/Deed of Trust. 3. OCWEN LOAN SERVICING agrees that each point in this affidavit shall constitute a single claim against OCWEN LOAN SERVICINGs bond ( s ) for each point not directly rebutted by OCWEN LOAN SERVICING. 4. OCWEN LOAN SERVICING agrees to release any information, rather private or otherwise, to Affiant about any of OCWEN LOAN SERVICINGs or OCWEN LOAN SERVICINGs agents or representatives Employee Dishonesty Bond, Directors and Officers Policy Bond, or any other liability bond ( s ), including the insurance or bond company name, bond company information, bond enforcement information, or any other of OCWEN LOAN SERVICINGs bond information Affiant requests. 5. OCWEN LOAN SERVICING hereby obligates and guarantees OCWEN LOAN SERVICINGs bond ( s ) to secure the performance of non rebuttal of this affidavit to Affiant for any unfaithful performance of fiduciary duties, financial loss, or damages sustained by Affiant in connection to any breach of contract or this affidavit. Any amount is not limited by the value of any property or costs incurred by Affiant in seeking remedy for OCWEN LOAN SERVICINGs breach. 6. OCWEN LOAN SERVICING shall further agree that once or if OCWEN LOAN SERVICINGs bond ( s ) expire, terminate or do not equal the total amount due Affiant, OCWEN LOAN SERVICINGs President, Directors, and any of OCWEN LOAN SERVICINGs agents and representatives shall become individually liable for any difference due Affiant. 7. OCWEN LOAN SERVICING obligates and guarantees OCWEN LOAN SERVICINGs current or future bond ( s ) to discharge any allegations against Affiant.. 8. OCWEN LOAN SERVICING immediately grants to Affiant the unconditional right of rescission regarding alleged account # XXXX and any security interest attached thereto. 9. OCWEN LOAN SERVICING agrees to the filing of a UCC-3 deleting the alleged mortgage/deed of trust in any public record. 10. OCWEN LOAN SERVICING agrees to the filing of a UCC-5 Correction in any public registry to correct the inaccurate, unlawful or illegal mortgage/deed of trust in any public record. 11. OCWEN LOAN SERVICING agrees this affidavit shall be used as first party evidence or positive proof in any remedy sought by Affiant. 12. OCWEN LOAN SERVICING shall return any money or property of Affiant including but not limited to any original documentation, including but not limited by, any Notes, securities, assets, applications, transfers, blotters, book entries, assignments, and security interests to Affiants address stated herein. 13. OCWEN LOAN SERVICING waives all rights to adjudicate the alleged agreement referenced herein. 14. OCWEN LOAN SERVICINGs president and any directors waive all immunities regarding any future actions sought by Affiant. 15. OCWEN LOAN SERVICING shall immediately terminate any security interest and certify to Affiant the termination within 10 days. 16. OCWEN LOAN SERVICING is barred from any alleged right, title, or interest in any alleged account, note, monetary instrument, asset, or Mortgage/Deed of Trust regarding Affiant. 17. Any alleged trustee, or successor of OCWEN LOAN SERVICING is hereinafter completely removed and disqualified as trustee, agent, or successor by Affiant. 18. OCWEN LOAN SERVICING and any of OCWEN LOAN SERVICINGs assigns or nominees are estopped henceforth from any action against any of Affiants rights or property. 19. OCWEN LOAN SERVICING abandons all right of : entry, possession, judgment, assignment or notice regarding Affiant or Affiants property. 20. OCWEN LOAN SERVICING abandons the right of any alleged waiver or estoppel. 21. OCWEN LOAN SERVICING hereinafter discharges any alleged Mortgage/Deed of Trust or any alleged debt. 22. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING is in violation of the Statute of Frauds. 23. All relationships between OCWEN LOAN SERVICING and Affiant are null and void. 24. OCWEN LOAN SERVICING hereby admits to causing Affiant to enter an alleged agreement under mistake. 25. The alleged Mortgage/Deed of Trust recorded and filed in any public record is a result of the aforementioned mistake and therefore is null and void. 26. OCWEN LOAN SERVICING agrees that Affiant is the absolute legal and lawful titleholder of Affiants property referenced herein. 27. OCWEN LOAN SERVICING agrees that Affiant is a victim of Larceny and unlawful conversion by OCWEN LOAN SERVICING. 28. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING filed simulated process in the public record. 29. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING breached Trust of Realty regarding Affiant. 30. OCWEN LOAN SERVICING agrees and consents that OCWEN LOAN SERVICING has no power of sale regarding alleged Mortgage/Deed of Trust or property of Affiant. 31. OCWEN LOAN SERVICING agrees and consents to Injunctive relief for Affiant. 32. OCWEN LOAN SERVICING agrees that CREDITOR NAME HERE has breached any express trust by disloyalty. 33. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING has breached the oral trust relationship with Affiant. 34. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING has employed the extortionate extension of credit with regard to Affiant. 35. OCWEN LOAN SERVICING agrees that OCWEN LOAN SERVICING is hereby removed and disqualified as trustee ( s ) pursuant to : a. Conflict of interest b. Concealment c. Breach of fiduciary responsibility ( ies ). d. Fraud. 8-102 subsection 9 ( 9 ) " Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. As context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. ( 10 ) [ reserved ] ( 11 ) " Indorsement '' means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2018-03-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A