Date Received: 2018-01-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/XXXX RE : Ocwen Loan Servicing, LLC Account Number : XXXX Property Address : XXXX XXXX XXXX XXXX XXXX PA XXXX Ocwen Loan Servicing, LLC ( Ocwen ), has systematically failed to comply with Consumer Financial Protection Bureau Regulation X, 12 C.F.R. Part 1024, and has therefore failed to help our homeowner client, XXXX XXXX XXXX, avoid an unnecessary foreclosure of her home through a seriously flawed Short Sale process. As a result, our clients home remains scheduled for an unnecessary Sheriffs Sale on XX/XX/XXXX, while XXXX XXXX XXXX and her prospective buyer were prevented from closing on an approved short sale of XXXX XXXX XXXX home that could have occurred prior to the scheduled sale date. Our client, XXXX XXXX XXXX, applied for approval of a short sale of her home on XX/XX/XXXX. Upon receipt of the application, Ocwen arranged with XXXX XXXX XXXX to have an appraisal of her home performed. In the letter dated XX/XX/XXXX,, XXXX XXXX XXXX received a conditional approval for the Short Sale after Ocwens appraiser, XXXX XXXX, conducted an evaluation of the property determined its market value to be {$640000.00} ( copy of conditional approval enclosed ). XXXX XXXX XXXX engaged a realtor, XXXX XXXX, XXXX XXXX XXXX, XXXX, Pennsylvania, to list the property for sale. On XX/XX/XXXX, we contacted Ocwen and spoke to XXXX, agent ID No. XXXX, who advised us that Ocwens policy required the property to be listed at 120 % of the appraised value {$870000.00}. Despite XXXX XXXX concern that such a listing price would discourage prospective buyers from considering the property, XXXX XXXX listed the property for sale at {$870000.00} as required by Ocwen. The only solid offer received was one from XXXX and XXXX XXXX on XX/XX/XXXX, in the amount of {$550000.00}. We immediately submitted the offer to Ocwen for approval. Ocwen waited until five months after it received that initial Short Sale offer to reject it. Before deciding whether to accept the offer, Ocwen insisted on re-appraising our clients home. Ultimately, the reason for the rejection was that the offer was substantially lower than Ocwens XX/XX/XXXX, updated appraisal value of {$750000.00}. By XX/XX/XXXX, the Ocwen Ombudsmans Office had become involved in the application process because we directed our concerns to the escalation department. A discussion with the Ombudsmans office clarified that Ocwen would reject any offers thats substantially lower than its XX/XX/XXXX, updated appraisal value of {$750000.00}. Although Ocwen refused to provide a firm sale price that it would accept, Ocwen encouraged us to request the buyer to increase the offer to a figure closer to Ocwens updated appraisal value. The buyer declined to increase his offer to a number closer to the new appraised value due to the amount of improvements and upgrades needed on the home.. Ocwens Ombudmans Office sent an email to our office on XX/XX/XXXX, indicating that the buyers offer of {$500000.00} ( Ocwen understated the amount of the offer by {$50000.00} ) would likely be rejected, citing the reason for the rejection that the offer was too low. Having received that decision, XXXX XXXX XXXX notified XXXX XXXX, who in turn notified the buyer and arranged for a return of his deposit and release from the purchase and sale agreement. XXXX XXXX XXXX again placed her home on the market. Well after the buyer was released and his deposit had been returned, Ocwen sent the XXXX XXXX XXXX a Discounted Payoff Offer that approved the buyers offer, providing Ocwen would net {$490000.00} ( copy of XX/XX/XXXX enclosed ). A preliminary closing analysis indicated that the {$550000.00} offer would have netted Ocwen at least {$490000.00}. Having lost the original buyer who had waited for more than half a year for Ocwen approval and who had only given up when his {$550000.00} offer was rejected, XXXX XXXX XXXX and her new real estate broker sought out another offer that would meet the terms of Ocwens XX/XX/XXXX offer. On XX/XX/XXXX, XXXX XXXX XXXX received a cash offer for the property from a new buyer and substituted the new agreement of sale with a sale price of {$550000.00}, equivalent to the first offer but which would have netted Ocwen $ XXXX more than the first deal due to the elimination of a realtor commission. Our office forwarded closing documents to Ocwens foreclosure counsel on XX/XX/XXXX, the expiration date of the Discounted Pay Off Offer and forty-one days prior to the scheduled sheriff sale date requesting a two week extension to finalize negotiations with a second lien holder of a substantial debt that was disclosed to us by the title agency. Foreclosure counsel suggested we also contact Ocwens Ombudsman Office to request the short extension. Therefore, the proposed closing package was submitted to XXXX XXXX, Account Analyst, Consumer Ombudsman for Ocwen thirty-six days prior to the scheduled sheriff sale date. A follow up call was made to XXXX XXXX by Attorney XXXX XXXX on XX/XX/XXXX, during which XXXX XXXX indicated that our clients documents were up to date and no new short sale application was required. One day later we received a Notice of NON-APPROVAL FOR SHORT SALE from Ocwen Loan Servicing department. The notice informed us that he discount payoff agreement expired and invited our client to submit a new sort sale package and a new offer for review. On XX/XX/XXXX, we received another Notice of Non-Approval For Short Sale, this time stating upon review of the information submitted it was too close to the confirmed foreclosure sale. Ocwen is in violation of CFPB regulations which do not prevent the lender from evaluating a borrower for mortgage assistance because the foreclosure sale date is less than 30 days way. The homeowner has made multiple attempts to receive an affordable modification to no avail. Since, XX/XX/XXXX, our frustrated homeowner has tried to end this cycle by pursuing a short sale with Ocwen. We have invested significant time and resources to cleared each hurdle placed in our path large due to the fact that Ocwens staff does possess the competence, expertise or business knowledge to complete a short sale transaction. Ocwens short sale process is riddled with dysfunction and should be federally and locally investigated. The homeowner has reasonably relied on Ocwen to have staff that are trained and equipped with the knowledge to execute a short sale transaction as an alternative to foreclosure. Ocwen should postpone the impending foreclosure sale scheduled for XX/XX/XXXX and permit the sale to go to closing.
Company Response:
State: PA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-01-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My wife has our home currently financed thru Ocwen Loan Servicing, LLC. Since her mortgage loan was sold to them, they originally kept mis-crediting her payments, eventually causing her to redo her loan several times increasing her mortgage amount because of excessive fees they kept adding. Most recently, after almost losing our home, she refinanced again and began to pay the mortgage by having to pay her bank XXXX XXXX send payment by wire transfer so they could n't make excuses of not receiving payment. She gets paid twice a month and wanted Ocwen to change date due to XXXX of month. they refused, forcing her to pay on XXXX. after making her payment on or about XXXX of month, they report her to credit bureaus as paying late. She tried making an extra payment to have mortgage in advance. They kept sending extra payment to principal and not allow her to have her account in advance. She has tried to get other institutions to carry her loan, but ca n't because Ocwen keeps showing her late! She has made her monthly payments within the month for more than 24mo straight and still cant get anyone to help her! What Ocwen is doing has to be illegal. We have tried going to lawyers but all they do is take our money and nothing happens! please help! XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Texas XXXX XXXX or XXXX XXXXXXXXXXXX or XXXXXXXXXXXX
Company Response:
State: TX
Zip: 78216
Submitted Via: Web
Date Sent: 2018-01-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/XXXX I filed for Chapter XXXX Bankruptcy at which time both myself and my lawyer attempted to reaffirm my mortgage and OCWEN did not respond to the many requests we made. They then reported my mortgage as past due to the 3 credit bureaus and stopped reporting any of my payments. I filed a complaint with this agency ( CFPB Case Number XXXX ) OCWEN review my mortgage in answer to the complaint and though they did not reaffirm the mortgage, they did admit that the mortgage was current, they supplied a detailed account of the mortgage activity for the previous 33 months and confirmed that as of XX/XX/XXXX " the account is contractually next scheduled forXX/XX/XXXX. '' On XX/XX/XXXX I received a certified letter of foreclosure in the mail from OCWEN stating that they had not received my XXXX nor XXXX payment. I also subsequently received 3 more notices stating that my house was in danger of being foreclosed due to non-payment of my mortgage. I have spoken with 2 individuals at OCWEN who are insisting that my mortgage is not current, one said that it was 2 months behind and the second one said that it was one month behind. My last conversation on XX/XX/XXXX I informed the individual that my mortgage was current and requested that they send me confirmation of that in writing within 5 business days and I have not received a reply. My mortgage is current. I have the reconciliation of my mortgage account OCWEN provided showing the mortgage current through XXXX, I have a print out from my bank account showing all the payments that were made electronically and I have all the monthly statements from OCWEN showing the payments being received. I do n't know what happened in XXXX, but it looks like someone went in and misapplied payments on my account back to XXXX and that created a problem on my account and they are unwilling to admit that they are at fault, or they have deliberately done something to my account to try to fraudulently foreclose on my house for non-payment. My mortgage Is not behind, it is current, the next payment is due XX/XX/XXXX and would like OCWEN to immediately stop this nefarious activity against me.
Company Response:
State: NY
Zip: 14620
Submitted Via: Web
Date Sent: 2018-01-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I was current on my loan till XX/XX/XXXX, in XX/XX/XXXX Ocwen ask me to re-modify my loan lower my interest rate, told operator i would be making XX/XX/XXXX's payment later that week Ocwen 'said does n't matter if month behind or 2 yrs behind we 'll re-modify your loan lower your interest rate and make your house more affordable I GUARANTEE IT we 're Ocwen this is what we do keep homeowners in their home. After 10 months of updating turn me down wanted XXXX , offered XXXX $ said all or none.
Company Response:
State: OH
Zip: 44095
Submitted Via: Web
Date Sent: 2018-01-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Loan Numbers : XXXX, and XXXX. After retiring in XX/XX/XXXX, we ( XXXX and XXXX XXXX ) received information from our lender ; OCWEN Loan Servicing, LLC ; about the HARP Program. After months of processing ( from XX/XX/XXXX ), an agreement was made and we proceeded as follows : XX/XX/XXXX/XX/XX/XXXX ; finalized new Loan Terms XX/XX/XXXX XX/XX/XXXX ; made agreed to four month payment plan XX/XX/XXXX ; commenced new HARP Loan payments ( continues to present ) XX/XX/XXXX ; noticed 2nd Trust Loan ( XXXX ) not consolidated as agreed XX/XX/XXXX ; received letter confirming 2nd ( Loan ) paid in full ; during prior agreements in XX/XX/XXXX XX/XX/XXXX ; received a request for payment from new creditor ( XXXX XXXX XXXX XXXX ) We contacted OCWEN Loan Servicing, LLC ; they indicated we would have to discuss with XXXX XXXX XXXX XXXX We contacted them and their position is we owe them the value of the original 2nd Loan. WE then discovered that they are a wholly owned subsidiary of OCWEN. We told them we have a letter stating the Loan was satisfied ; their position is it was only transferred to them. They have harassed us for payment ever sense. We do not know what we can do and the harassment is becoming very unsettling.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NV
Zip: 89134
Submitted Via: Web
Date Sent: 2018-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My account number with Ocwen is XXXX. My name is XXXX XXXX. This complaint is in regards to Ocwen who is illegally foreclosing on my home. They are in violation of RESPA section XXXX in regards to all aspects of the Law with the handling of loss mitigation assistance and filing for foreclosure. They are also continuing with business practices that was found by the CFPB in their recent enforcement action particularly to Illegally foreclosed on homeowners. I have tried for several months to seek assistance from Ocwen. Each time I call, I am routed overseas. Their Loss Mitigation is not handled in the United states, the Relationship Managers ( RM ) are all overseas. There is a huge disconnect when speaking to these individuals. They are hard to understand, and do not understand what I am saying. I have issued my Application for assistance along with income docs and my letter of hardship over five times now. Each time they time me, they did not receive it or it is not legible. I am losing my home because the lack of accountability from Ocwen and their Third Party Oversight. I have continuously called into Ocwen checking on the status of my review for assistance. Each time I was told what I stated above and had to start all over. On XX/XX/XXXX, I called into check once again since I have not heard from anyone, and I was told my home is going to foreclosure sale on XX/XX/XXXX ( TODAY ). I received NO notice of this. I thought I was being received for loss mitigation assistance. I am on Social security XXXX due to having XXXX My Mother who is elderly, just suffered from a XXXX XXXX XXXX also is on the Note and lives with me also on Social Security. There practices are UDAAP! Mt mother and I have no where to go because of there mishandling of my application for assistance and NO notice of the Foreclosure sale. I had to go out on XX/XX/XXXX and take a title loan out on my car for {$1500.00} to retain a Bankruptcy lawyer to file Bankruptcy to try and save my home! This is now another debt I incurred due to the fact my application for loss mitigation assistance was mishandled. Plus, now I had to file Bankruptcy just to TRY and save my home! I spoke with employee Suras, employee ID XXXX on XX/XX/XXXX. I explained to him, I had returned my application along with the requested docs sever times. His response was no you did not and when we did receive something it was not eligible. Let me advise you, I was never told there was an issue of any sort unless I called in! I was told, there records show the number they called was invalid! WRONG! My number is the same number I verify every time I call! On XX/XX/XXXX- I personally scanned and emailed all the requested documents 4 times and called in each time and was again told either one not received or 2 not legible. I am loosing my home over this! I did everything I was asked EVRY TIME! I would like to point out, they had a facially complete application. Under RESPA, Ocwen received my facialy complete application 45 days prior to any Foreclosure. Ocwen did NOT exercise reasonable diligence to make an incomplete application complete! Although providing a notice to the consumer about the information or documents that are missing from the application is a required step for applications submitted 45 days or more before a foreclosure sale is scheduled ( or when no sale has been scheduled ) which they DID NOT DO. Nor did Ocwen take additional steps to comply with the reasonable diligence standard! I was continuously told, Ocwen does not consider a facially complete application. My house is being foreclosed on because they only had a facially complete application and not a complete. On XX/XX/XXXX, they requested mine and my mothers SSI award letters, two months bank statements and the Application I have sent several times by this point and told me THEY MIGHT be able to stop the foreclosure sale. They are in violation of RESPA ( 1024.41 ( c ) ( 2 ) ( iv ), 1024.41 ( f ) ( 2 ) and ( g ) ) You may not make the first notice or filing for a foreclosure process or otherwise refer the consumer to foreclosure until the consumer has had a reasonable amount of time to provide the documents or information. My loan application was never decisions by Ocwen, approved nor denied. They received my application and acknowledge they had had a facially complete application but because they did not receive a complete application, they scheduled the foreclosure sale and are selling my home! I was never given a change to appeal the decision because they name gave me a denial of my application! Under RESPA the right to appeal a denial of a loss mitigation application ( 1024.41 ( h ) ) and the right to a longer evaluation period ( 1024.41 ( e ) ) if consumers submit applications at a date 90 days or more away from a scheduled foreclosure ( or when no foreclosure sale has been scheduled ). For purposes of these protections, you must treat the application as complete as of the date a facially complete application was submitted, not the date any corrected documents or information were received. ( 1024.41 ( c ) ( 2 ) ( iv ) ) We are elderly, XXXX women who are subject to these UDAAP of Ocwen! The eact findings in the XXXX enforcement action of Ocwen has failed to deliver required foreclosure protections. As a result, the Bureau alleges that Ocwen has wrongfully initiated foreclosure proceedings on at least 1,000 people, and has wrongfully held foreclosure sales. Among other illegal practices, Ocwen has initiated the foreclosure process before completing a review of borrowers loss mitigation applications. In other instances, Ocwen has asked borrowers to submit additional information within 30 days, but foreclosed on the borrowers before the deadline.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-01-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-24
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: XX/XX/XXXX Ocwen has delay the short sale for the following property XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Fl. XXXX. I have provided all the documentation since XX/XX/XXXX. There has been 2 full appraisals and 4 BPO. There is a foreclosure date set for XX/XX/XXXX. I believe that Ocwen on purpose is delaying the process so the property can be foreclosed. I have evidence that the short sale department on purpose over looked documentation that was emailed to the short sale department. I emailed and fax 8 pages of evidence to liquidation appeals department including a document showing seller was contributing {$5000.00} to the mortgage Insurance company on XX/XX/XXXX, that same day the file was escalated to the underwriter I called on the XXXX, XX/XX/XXXX and XX/XX/XXXX, on XX/XX/XXXX the agent ID XXXX told me to that the underwriter has all documents it needs and that they will need 48 hours for the approval letter and that by then Friday XX/XX/XXXX would be the latest for the approval letter. At XXXX XXXX this evening I recieved a text from XXXX XXXX XXXX informing me that an appraisal has been order by Ocwen, more delays.
Company Response:
State: FL
Zip: 330XX
Submitted Via: Web
Date Sent: 2018-01-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-23
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX I was put on disability and my disability payments did not start until XX/XX/XXXX that was my eligibility date. in the meantime I was living off of partial pension of {$600.00} a month I called my mortgage company XXXX XXXX XXXX company to start up loan modification process I am still in the process of trying to get that modification through its been five months every time I call I get different information that they want me to send in and every person I talk to tells me to send in different items I have sent them paperwork on six separate occasions after filling out the initial application with all the necessary paperwork along with it every time I call they tell me that I need to provide additional information. Ive have been doing this for five months! in the meantime Im living off of {$600.00} a month and just started receiving my Social security approximately 28 days ago. Ive been trying to get the modification so that I have enough money to live on and I feel like theyre trying to keep me from getting the modifications so that my house will go into foreclosure .. at this time I have owned my home for 15 years and have never been late on any of my payments Im still keeping current on my payments through help from my family who has run out of money to help me with. I am at my wits end trying to resolve this issue.. I have done everything necessary on my end including keeping up my payments. at this point I am so upset and frustrated and being disabled on top of it is making my health deteriorate I need some help trying to resolve this issue with this company which is been the most unprofessional frustrating situation in my life. It is so frustrating not to be able to talk to the same person every time and also to not be able to go to a brick building and talk to somebody face-to-face .this company has outsourced their customer service to another country which creates a language barrier as well. there is no accountability, because every time I call its a different person! I am a XXXX who is XXXX living by myself trying to resolve a situation with a company that does not even know I exist I am beyond my capability to hold them accountable ... I would appreciate any kind of help I can receive in this horribly frustrating situation ..
Company Response:
State: OR
Zip: 97008
Submitted Via: Web
Date Sent: 2018-01-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-23
Issue: Incorrect information on your report
Subissue: Public record information inaccurate
Consumer Complaint: We have contacted Ocwen over 16 times since XX/XX/XXXX. We are told things will be fixed, they have the information, and they will call us back and confirm when the information is correct, and then they go dark. We recently went to the ombudsman with Ocwen. That was over a week ago. I was promised they would call us back on XX/XX/XXXX with a resolution and nothing. I called them again on XX/XX/XXXX and was promised it was getting fixed and I would receive a call back by Tuesday morning. Again, nothing. I called again today and explained this has costed us a LOT of missed work and LOTS of money. I also explained our loan lock was expiring this Friday for the SECOND time, and the urgency of this matter. I 'm still waiting for a response. They are reporting inaccurate bankruptcy information on 2 properties. In addition, I own an LLC with a parnter, and we were just denied our business line of credit because of the inaccurate information being reported by Ocwen. We have two XXXX in XXXX, and this is literally creating a massive financial situation for all of us, even though we are n't responsible for any of it. The ombudsman shared this morning the information WAS N'T correct and he was able to verify public records, but his " bankruptcy team was backlogged and he had to work on it. '' Truly unbelievable this company is allowed to stay in business!
Company Response:
State: CA
Zip: 92591
Submitted Via: Web
Date Sent: 2018-01-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: We have a mortgage with Ocwen for a condo property in XXXX XXXX, IL. The condo is underwater and we are having trouble selling the property for what we owe. The mortgage company and the Condo Association Board will not work with me to allow us to rent the unit unit we can sell the condo effectively forcing me into foreclosure. The Condo Association does not allow rentals and removed an economic harship exception so we are unable to rent the unit. If I am not able to sell the unit I will be forced to let my condo go into foreclosure which will destroy my credit. How can yo help me with this problem?
Company Response:
State: IL
Zip: 60004
Submitted Via: Web
Date Sent: 2018-01-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A