Date Received: 2018-01-01
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: On XX/XX/XXXX, I was discharged in the United States Bankruptcy Court, XXXX District of Florida, Chapter XXXX. The debt on the condo I had financed through XXXX XXXX XXXX was also discharged. The condo was occupied by a squatter who lived there from XX/XX/XXXX to XX/XX/XXXX when the condo association filed suit against me for unpaid HOA fees as the bank did not foreclosure due to the many foreclosures in Florida at the time. In the meantime, XXXX XXXX XXXX had released their lien and the property was sold to the condo association via certificate of title for the amount due on HOA fees. XXXX XXXX XXXX, who apparently bought the loan from XXXX XXXX XXXX began sending mortgage statements and this showed up on my credit report as unpaid, so I wrote them a letter on XX/XX/XXXX and they removed this from my credit report. I then began receiving mortgage statements from XXXX XXXX and called them but they said they would need proof of my bankruptcy, which I faxed to them, but the mortgage statements continued to be mailed. Then, XXXX XXXX, a division of XXXX XXXX XXXX XXXX filed a Complaint against me and the condo association in XX/XX/XXXX, along with a Notice of Lis Pendens seeking to foreclose the mortgage. I filed an answer to the complaint stating that this property was discharged in bankruptcy. The case is ongoing in the XXXX Judicial Circuit Court of XXXX County, Florida, and I do not know what to do from here. I am still receiving mortgage statements for the balance due on a monthly basis. Just recently when I pulled into my driveway after work, a server stopped me in front of my home and asked if I would consider a deed in lieu of foreclosure on the property to XXXX XXXX and I told her that I do not own that property, that it was released in bankruptcy in XX/XX/XXXX, and the condo association is now the owner of the property. She asked if she could take a picture of me to prove she had spoken with me and I refused. She did take a picture of the home I currently own after I walked in the door.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32927
Submitted Via: Web
Date Sent: 2018-01-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-29
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: XXXX/XXXX/XXXX - I received email solicitation to refinance with XXXX XXXX and receive a {$500.00} Ocwen " Loyalty '' Reward. XXXX/XXXX/XXXX and again XXXX I notified the " loan officer '' that I had completed preliminary disclosure documents but there was no loyalty reward and the documents reflected an appraisal fee that was paid. I requested accurate documents. I repeated this request to another purported loan officer on XXXX/XXXX/XXXX and, again to a loan processor. This was by electronic mail, and I will attach copies. I never received accurate disclosures. I received an email on XXXX/XXXX/XXXX that I had withdrawn the application and asking for me to complete an opinion survey. I completed the survey, said that I had never received disclosures, had NOT withdrawn my application and demanded a refund of the fee paid on XXXX/XXXX/XXXX in the amount of {$450.00}. I repeated this request for a refund on XXXX/XXXX/XXXX by email to the purported loan processor. I have not received a refund. I will attach a copy of the charge on my account, see p. 2 charge on XXXX/XXXX/XXXX in the amount of {$440.00}. XXXX is as much of a scam as Ocwen.
Company Response:
State: MD
Zip: 21234
Submitted Via: Web
Date Sent: 2017-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I applied for a loan modification with OCWEN over a year ago and was granted a loan modification. And then they sent me something in the mail indicating that it was a trail period and the payments would be {$1400.00} before that the payments were only a {$1000.00} and I completed the trail process and for the third time they had some loan monitor from XXXX tell me that I did not complete my paperwork. This continues to be OCWEN 's answer when asking where is my documents to finalize the loan modification. I had to file Bankruptcy against my better wishes just to save my home. I completed the repayment plan and OCWEN received monies for back payments monthly. When I called on XXXX XXXX, XXXX to discuss the process for receiving monthly statements I was informed that I was not entitle to a change of address : ( from my XXXX XXXX to my Home ) address. OCWEN after eight months or more finally produce some loan modification forms that they forward to an attorney that is not my attorney : XXXX XXXX XXXX. I continue to await for the loan modification forms and monthly statements. I want to keep my home and I want to make the monthly payments at {$1400.00}. On XXXX XXXX, XXXX I received two calls from OCWEN and they stated that they were debt collectors. It was so hard to understand when they were saying due too their strong accent. For many of years this has been an ongoing problem with OCWEN they give you false hope on trying to help their customers. I have been a victim and it appears that they continue to hold me hostage with their illegal mortgage practices. I have also followed up and contacted Congresswoman XXXX XXXX and XXXX XXXX for additional assistance in getting this right. OCWEN has poor lending and mortgage practices.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 94801
Submitted Via: Web
Date Sent: 2017-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Residence fell behind while husband was critically ill in XXXX.For months I tried to get Ocwen to allow me to modify my loan and they refused for a year. They " lost '' paperwork over and over that I sent. When they finally allowed it ( after I retained a lawyer ), I paid all the excelerated payments they asked and THEN they refused the last one and said over XXXX was due to reinstate the loan. I have done EVERYTHING requested. In this time, my husband died and I also was trying to get the home titled to me. We were married over 50 years. They have asked for lots of information, which I have sent, MULTIPLE TIMES. I have copies AND I sent info certified. They keep insisting I do n't send the things requested but I have a record. Their tactic is to delay and then take a person 's home. If I have to sue them, I will. They will NOT get my family home. They have stolen, lied and act UNETHICAL over and over. I want the home in my name, I want them to adjust the payments back to what they were, take my payments and leave me the XXXX alone. Do Something about these Crooks! My last letter from them is dated XXXX/XXXX/XXXX ( they are again asking for things " missing ''. But these items WERE included in previous pkg. I have a copy!! ). I now have only missed payments because they have Refused it. I will file bankruptcy if needed, they have had plenty of opportunity to allow for modification ( if anyone needed it, an elderly woman, with deceased husband does ). They have only exacerbated ALL THE PROBLEMS.
Company Response:
State: TX
Zip: 75089
Submitted Via: Web
Date Sent: 2017-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I purchased a new home in XXXX, FL in XXXX at the address of ; XXXX XXXX XXXX XXXX, XXXX, FL XXXX. I paid {$230000.00} for the home. I could only finance {$140000.00} at that time with XXXX XXXX so I financed {$35000.00} with XXXX XXXX which is the builder of the home, I put {$60000.00} down to XXXX XXXX and {$35000.00} down to XXXX XXXX ( the builder ) leaving a balance of {$140000.00} to finance the home. I have a deed that proves the {$350000.00} was paid-off in XXXX leaving me with only {$140000.00} balance to the lender. About ten years into the loan I borrowed {$42000.00} for a small business loan that I incorporated into the original mortgage and still maintained one mortgage. The issues began when my mortgage was being bought out by three other loan companies which includes my original mortgage company XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX and finally Ocwen Loan Servicing ( current lender ). In summery, without my knowledge the factuality information about my loans being transferred from one to another were without my knowledge or my consent. All these transfers were raising the mortgage amount and the payment amount as they were bought out beyond my control. With all the issues that I have been dealing with made me do a lot of extra research and I have found out that all the listed lenders ( excluding XXXX XXXX ) are in class action lawsuits and being sued for fraudulent actions, such as over charging for forced insurance, causing sales of homes and placing people in foreclosure. This was severely doubling the loan payment and increasing the mortgage as consumer fraud as it was being bought out from lender to lender. There is no proof in this matter that says I am responsible for all these added amounts and fees and where they came about. Please assure me by my request, signed modification agreements and by my allegations that this is of fraud and Im correct. I can show proof of the original mortgage amounts. Please assist me by helping me resolve my issues by reviewing my original note which I have showing I paid {$230000.00} for the original mortgage, and {$1200.00} payments, giving the {$60000.00} to XXXX XXXX, {$35000.00} to Banner Homes and having a remanding balance of {$140000.00} owed in which I have been paying on since the purchase of the home for at least 24 years. Respond to me by carbon-copies who is resisting me on these recurring matters. Kind Regards, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX CELL : XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 34203
Submitted Via: Web
Date Sent: 2017-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I received a letter from Ocwen Loan Servicing dated XXXX/XXXX/XXXX on XXXX/XXXX/XXXX. It stated that my loan modification failed due to " failure to return signed Trial Plan Agreement within the required timeframe ''. I disagree with this decision due to laon modification paperwork was uploaded and faxed to Ocwen. I was informed when I contacted Ocwen on XXXX/XXXX/XXXX ( at XXXX pm ) that the paperwork was received and nothing else was needed except the first payment, to which was made at the same time as the phone contact. I spoke to XXXX with agent ID # XXXX. I contacted them for clarification to the loan modification wording, since it is confusion as to which/what was good to fax/upload/email and which paperwork needed the original signatures. I was informed when I spoke to XXXX that all the paperwork was received and when I asked if I needed to overnight the originals, I was informed " NO ''. This is a conflict to the decision received on XXXX/XXXX/XXXX. I called and spoke to my relationship manager, XXXX XXXX, on XXXX/XXXX/XXXX. She informed me at that time the originals were needed to be sent in. AT NO POINT IN TIME did anyone inform me until the latest decision. I am not sure as to why, if Ocwen received the first payment and the uploaded and faxed paperwork, no one contacted me to say they NEEDED to ORIGNINAL PAPERWORK. After some research, I have found numerous complaints about Ocwen staff giving false and incorrect information. They have also been fined and have had class action lawsuits for fraud. I feel, due to the incorrect information when I CALLED for CLARIFICATION, I should be given another change to do a modification. I feel Ocwen has defrauded me and set me up to fail the trial modification. I am trying to fix my defaults with Ocwen, but feel they are impeding my progress.
Company Response:
State: TX
Zip: 78155
Submitted Via: Web
Date Sent: 2017-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Ocwen Loan Servicing put a {$500.00} charge on my monthly payment for : XXXX XXXX XXXX XXXX XXXX. They said this is for vacant properties. This property is not vacant, the house is owner occupied and currently occupied. The house is not in foreclosure. They can not explain why they charged this fee. No inspection was made, and Ocwen states there was no reason for any such inspection to be made, yet the fee remains.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 08096
Submitted Via: Web
Date Sent: 2017-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-26
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I previously sent a compliant to your department reference number : XXXX regarding OCWEN LOAN SERVICING LLC. After reviewing Ocwen 's response they are basically not forthcoming and appears to be involved in a very unethical situation which took place previously. Ocwen Loan apparently became the servicer for my residence at XXXX XXXX XXXX XXXX, XXXX Georgia XXXX. After further research it was revealed this home was involved in several fraudulent loans, in which we were the victims of Identity Theft and Mortgage XXXX. I did notify Ocwen there were several loans on the property, however, we never signed any final documentation. The documentation we received from the closing attorneys was fraudulent. At this current time, Ocwen was given an unmanageable debt. We were unaware of this issue until we were alerted a realtor who pulled documentation regarding the property. In addition, it appears one of the attorneys was charged with embezzlement. WE OWN NOTHING AND WHERE DID OUR MONEY GO? We are taken legal action against all parties involved. we do feel it is in Ocwen 's best interest to initiate damage control before this hit the media. In addition, they responded to our denied modification which they TOTALLY LIED ABOUT, and they are constantly threatening to foreclose on a home was MAJOR FRAUD just to cover their XXXX! In addition, there are additional loans on this property from other mortgage companies. Ocwen stated they had our signature on file on the documents regarding the financing of this property. WE NEVER SIGNED ANY FORMS, THERE WERE NO NOTARIES AND NOT ATTORNIES. We were told to show up at XXXX and XXXX, XXXX XXXX XXXX, XXXX Georgia XXXX. The attorneys assistant was present. We inquired about the signing, we informed the process was complete and the attached forms was mailed.
Company Response:
State: GA
Zip: 30045
Submitted Via: Web
Date Sent: 2017-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-26
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My complaint is that I did a loan modification sometime ago and we were fine until our interest rate started going up. That 's why we got the modification in the first place. We are on a fix income and my husband is XXXX. I reported this to XXXX XXXX XXXX. and now they 're saying apply for another modification! This is not fair for them to keep raising interest rate when we 're on a fixed income and pay on time every single mo. and now this will cause a hardship.
Company Response:
State: PA
Zip: 151XX
Submitted Via: Web
Date Sent: 2017-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: CFPB Complaint We request that Ocwen Loan Servicing answers the following questions pertaining to Ocwen Loan Servicing name being on the investor title insurance policy issued by XXXX XXXX XXXX. 1-Why is Ocwen Loan Servicing name on the investors title insurance policy? 2- Did Ocwen request XXXX XXXX XXXX to change the investors name from XXXX XXXX XXXX ( our original lender ) to Ocwen Loan Servicing? 3- Is Ocwen aware that by law, Ocwen must show proof of ownership of the mortgage loan/asset prior to having XXXX XXXX XXXX put Ocwen on the title insurance policy as the investor? 4- Is Ocwen aware that XXXX XXXX reflects that the title insurance policy is for the investor only? 5- Is Ocwen aware that XXXX XXXX website clearly reflects that the title to a piece of property is the evidence that the owner is in lawful possession of that property? 6- Is Ocwen aware that our mortgage loan/asset was sold by XXXX XXXX to another investor per bankruptcy, court order in order to pay their debts? 7- Is Ocwen aware that the new investor does not need to be a member of XXXX XXXX nor do they need to obey by the membership rules since they may or may not be members? 8- Is Ocwen aware that on XX/XX/XXXX, we signed a disclosure statement at the time of closing that XXXX XXXX in named on the mortgage for XXXX XXXX XXXX but reflects that XXXX XXXX is NOT our lender? 9- Is Ocwen aware, when an asset is transferred or sold without the permission of the current investor, it is unlawful? 10- Is Ocwen aware that when a servicer, trustee or the nominee ( XXXX XXXX ) sells or transfers an asset without authorization from the current investor, it is considered defrauding an investor? 11- Does Ocwen and their counsel understand that this is NOT about our NOTE or DEED OF TRUST that was signed by us? What matters if any laws have been violated and who violated these laws! What matters is if our rights were violated at any given time? What matters is who caused the fraud, which caused us mental and emotional damage from XX/XX/XXXX to present! 12- Is Ocwen aware that in XX/XX/XXXX, we contacted HAMP and notified them of our letter sent to Ocwen along with Ocwens response? 13- Is Ocwen aware that HAMP stated that if Ocwen tries to foreclose on us, to call HAMP back and notify them of what is occurring? 14- Is Ocwen aware that we have NO Trespassing signs with cameras on our property which is located at XXXX XXXX XXXX XXXX XXXX Nevada XXXX and by Nevada Law , anyone caught on this property without authorization from the property owner is in violation of Nevada law and will be subjected to prosecution? Now, brief explanation what has occurred. In XX/XX/XXXX, I wrote two letters to Ocwen Loan Servicing. One letter was regarding Ocwen updating all the credit bureau inaccuracies which we sent by proof of mailing. The second letter sent to Ocwen was regarding me being XXXX XXXX XXXX through the federal government. I notified Ocwen that if the government shuts down for any reason, I would not get paid and we would not be able to pay our home mortgage until the government starts sending my benefits to us. If this occurred, this would not be any fault of ours! I also notified Ocwen that if they tried to foreclose on us in the future, we request to go to foreclosure mediation to request that the Original Note and the Original Deed of Trust is presented to mediation. By challenging a securitization mortgage, if the servicer does not have the original note and the original deed of trust, they can not foreclose on our HAMP modification agreement per HAMP and XXXX XXXX! Both the original documents must be present in order to enforce our HAMP modification agreement ( per HAMP ). Now, on XX/XX/XXXX, we received a large package that had a cover letter dated XX/XX/XXXX which states ; enclosed is the copy of the document you requested. Now, the documents that Ocwen sent us was ; a modification agreement with XXXX XXXX dated XX/XX/XXXX, the Deed of Trust dated XX/XX/XXXX, the Note dated XX/XX/XXXX along with title insurance document ( mortgage priority guarantee plus ). NOTE : we did NOT request these documents! Ocwen and their counsel are providing these documents to reflect that we signed the original note and the original deed of trust, reflecting that we agreed upon the conditions within these documents! Now, it is my understanding that under Nevada law, Ocwen is required to prove ownership of our loan/asset in order to be on the title insurance policy! In XX/XX/XXXX, we signed our note and our deed of trust at XXXX XXXX XXXX in XXXX Nevada and our lender was XXXX XXXX XXXX. Since XXXX XXXX XXXX went bankruptcy in XX/XX/XXXX in XXXX Delaware, they are now not the investor. Per documentation that is in our possession, XXXX XXXX purchased our loan from XXXX XXXX XXXX in XX/XX/XXXX. XXXX XXXX stated in writing that they placed our loan/asset into a pool of trust known as XXXX XXXX XXXX XXXX XXXX. Then, XXXX XXXX XXXX which was owned by XXXX XXXX sold our loan to XXXX XXXX, per our modification agreement. In XX/XX/XXXX, XXXX XXXX and all their affiliates went bankruptcy in XXXX Delaware, was ordered by the court to sell all their assets to pay their debts. XXXX XXXX then closed their business! This means that XXXX is not the current investor anymore! This means that there is another investor and most likely not a member of XXXX XXXX which means that the investor does not need to obey by XXXX XXXX membership rules. This means that XXXX XXXX unlawfully had Ocwen Loan Servicing create a transfer of Deed of Trust to the trustee, XXXX XXXX XXXX in XX/XX/XXXX without the permission of the new investor which is unlawful! We then sent multiple letters to XXXX, requesting an un-broken chain of assignments from our original lender, XXXX XXXX XXXX to present. As of today, we have not received anything from XXXX. It appears that XXXX never tracked our mortgage as required by the agreement between XXXX and all their clients such as XXXX XXXX XXXX. Per our original mortgage paperwork that we signed at XXXX XXXX XXXX in XX/XX/XXXX, there is a disclosure statement about XXXX which states ; XXXX is a company separate from your lender that operates an electronic tracking system for mortgage rights. XXXX is NOT your lender ; it is a company that provides an alternative means of registering the mortgage lien in the public records. This means that XXXX was supposed to maintain assignments from one investor to another. Furthermore ; this document clearly reflects that XXXX is NOT the investor and XXXX XXXX XXXX did NOT grant XXXX any power to sell or transfer our mortgage loan/asset to anyone, at anytime! With that being said, our loan can not legally be sold or transferred to Ocwen Loan Servicing or to XXXX XXXX XXXX without the current investors permission! By selling or transferring a loan/asset that belongs to another investor without permission is un-lawful. Furthermore ; the agreement between XXXX XXXX XXXX and XXXX must be considered null and void since XXXX XXXX never created a chain of assignments from XXXX XXXX XXXX to present as they were supposed to do by tracking each loan when they were sold or transferred! I wonder if this would be considered a breach of contract between XXXX XXXX and XXXX XXXX XXXX! Furthermore ; this complaint serves as notice to Ocwen Loan Servicing that Ocwen Loan Servicing, any person or company are NOT authorized on our property at anytime! This complaint also serves as notice that we exercise our rights to have any and all future foreclosure documents be delivered to us properly ( served in hand ) and that we will go to foreclosure mediation requesting the original note and the original deed of trust present in court, in order to enforce the HAMP modification! We also exercise our rights to have a document examiner present in court, in order to verify the documents authenticity! We request that Ocwen Loan Servicing and/or Ocwens counsel must answer all of our questions above truthfully and under penalty of perjury. As you well know, perjury to a federal or state agency that has an open complaint/investigation is against the law! We request a full investigation into this matter by federal and state agencies. If any laws were violated, all parties that violated our laws must be held accountable for their actions! Due to the fraud that has occurred all parties involved with our mortgage loan/asset have caused us unnecessary pain and suffering, mental and emotional damage from XX/XX/XXXX to present, which we will request compensation in court! Please see the supporting documents within the document section!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NV
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A