Date Received: 2017-11-07
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: Its been a complete waist of time filing consumer complaints. Ocwen Loan Servicing 's puppet employee XXXX XXXX was given a Ocwen Loan Servicing title to learn how to become a pathological liar so Ocwen executives can shuffle documents to rob homes. The CFPB was puzzled together to collect millions in settlements using and twisting the laws all up so it could allow Ocwen in return to admit no wrong doing which has allowed Ocwen and its abusive employee to continue to harass and abuse homeowners. This CFPB communication is evidence that I demand XXXX XXXX to Cease and Desist all further communication with me because she is a pathological liar who has caused me serious harm. This matter will be handled in a court of law. I will not waist anymore of my time dealing with a bunch of incompetent fraudulent abusive shady criminal servicers. I have attached shady XXXX XXXX response to my consumer complaint. I have attached summons. I am not able to attach any exhibits because the volume is to large. You can review the entire complaint once you have been personally served. The process servicer is in route to your locations.
Company Response:
State: CA
Zip: 91709
Submitted Via: Web
Date Sent: 2017-11-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Ocwen was notified XXXX of enrollment in AZ XXXX XXXX XXXX program. Ocwen never recognized participation in program. Payments received from the AZ XXXX XXXX were improperly applied to my account. XXXX XXXX Requests were made about alternative options to assist me from losing home XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX with no response. XXXX XXXX was sent and received XXXX XXXX XXXX House was placed on trustee sale XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX. I was notified XXXX/XXXX/XXXX approved for loan modification I was informed XXXX/XXXX/XXXX of lien and need to remove prior to XXXX/XXXX/XXXX. Loan modification was denied XXXX/XXXX/XXXX because of lien. Relationship XXXX was asked about sale date and foreclosure status for XXXX/XXXX/XXXX was told no current sale date and foreclosure was on hold.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85742
Submitted Via: Web
Date Sent: 2017-11-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Ocwen Loan Servicing placed insurance on my house ( XX/XX/XXXX-XX/XX/XXXX ) while I had it insured and will not reimburse me even though I have provided them with proof of this again now and provided them with proof throughout the years as well. The amount they owe me is {$1900.00}.
Company Response:
State: NM
Zip: 875XX
Submitted Via: Web
Date Sent: 2017-11-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-06
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I was caught in a loan modification scam and fell behind on mortgage. I paid every penny back to ocwen loan to become current on my mortgage over a year ago. They report that I am in default and still owe them XXXX. That is not true and have been current with mortgage for over a year. Now I ca n't refi because that is on my report
Company Response:
State: NJ
Zip: 080XX
Submitted Via: Web
Date Sent: 2017-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I was behind in my mortgage the amount was roughly XXXX. In XXXX XXXX I requested a reinstatement quote. I received the reinstatement quote from Ocwen Mortgage and paid it early. In XXXX of XXXX I get my payment statement and reflects that my payment has increased by {$500.00} due to foreclosure fees. I was advised that after I paid the reinstatement quote Ocwen notified the foreclosure attorney that all was now good and the fc attorney then sent a bill for the services which in turn Ocwen passed onto me. I advised Ocwen that what they had done was fraudulent and illegal. I filed a complaint for this to be escalated within their servicing area. On XXXX/XXXX/XXXX I was called by Ocwen explaining that they had investigated the matter and found the {$500.00} to be a valid charge and I must pay it because of the foreclosure. I advised the rep that this was illegal, that their was never a Notice Of Lis Pendens filed. I also disclosed that I do this kind of work for a living and new exactly what the law stated. I advised that they were in violation of the FCRA, The CFPB, The Frank Dodd Act and a whole host of other violations. I explained over and over again that the Ocwen never filed a Notice of LP. They then told me that due a township ordinance it was my responsibility to register that my house was in foreclosure. Once again I explained to them that they never did their due diligence and their was n't a foreclosure filed. They have lied to me, they have attempted to defraud me and they have cheated me. I would like them investigated and I would like them punished. If they are doing this to me and I know what the law is imagine what they are doing to unsuspecting consumers.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 080XX
Submitted Via: Web
Date Sent: 2017-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX XXXX I filed a complaint against Ocwen loan servicing, LLC because onXXXX of their XXXX filed a false affidavit in my foreclosure case. The response came from XXXX XXXX of XXXX XXXX XXXX. I was unable to respond to the response in a timely manner due to illness. I am now bringing this complaint against XXXX XXXX as representative for Ocwen for defamation of character of myself and my husband in her response to the complaint. It is filled with lies and she is aware the statements are lies. 1. In her response to our statement that XXXX XXXX ( the prior servicer of our loan ) did not apply payments for over 6 months, she said that we did not make payments in XXXX and XXXX of XXXX so XXXX held our payments in suspense. XXXX XXXX is quite aware that there were no payments due in XXXX or XXXX of XXXX per the XXXX XXXX XXXX. This agreement recast the XXXX and XXXX interest and added it to the principal and the first payment of the modification was due on XXXX XXXX, XXXX. The contract is a simple, clear, unambiguous contract that states the above. Seeing as she is a practicing attorney it would be proper to believe that XXXX XXXX is capable of reading a simple contract. Other business records such as the payment records and the phone records support the contract and that no payment was due for XXXX of XXXX of XXXX. 2. In response to our statement that Ocwen/Saxon has been trying to steal our home she states that our statement is false because we continue to live in the house while we fight the litigation after our default. We did not actually default. We stopped paying the mortgage payment for 2 reasons. 1-because we are exercising our right under the material breach of contract laws and 2-because the damages caused by this breach devastated us financially and we had no way to pay anything and were forced to let the matter go to court so we could countersue for material breach of contract. It is the mortgage holder that initially delayed the litigation for almost 4 years after the initial filing of the foreclosure because they did nothing. They did nothing because they were in the wrong. The case went through a couple of law firms before XXXX XXXX XXXX took on the case. My guess would be because other firms did not want stoop to falsifying evidence to defend a corrupt client. But XXXX XXXX does not seem to have a problem with it. 3. In response to our statement that Ocwen materially breached the contract XXXX XXXX states we breached our mortgage and note. NO WE DID NOT. We have evidence and facts that show that XXXX breached the contract in a way that can be construed a material ; they did not apply on time payments from the inception of the XXXX XXXX XXXX for many months and not until an attorney got involved. As soon as we discovered our legal recourse we took action under the belief that their actions constitute a material breach of contract. Ocwen accepted the prior actions of XXXX when they took on the servicing of the loan. 4. In response to our statement that there were no payments due in XXXX or XXXX XXXX she lies and says there were payments due. Again we can revert to the very simple reading of a contract and common sense. We entered into a XXXX XXXX agreement in XXXX XXXX. We negotiated this agreement because of financial hardship. The modification required a down payment in XXXX XXXX that was clearly paid per all records, BUT WAS UNAPPLIED. The contract clearly states that the interest for the XXXX and XXXX payments was to be recast and ADDED TO THE PRINCIPAL. The contract also clearly states the first modification payment due is XXXX XXXX, XXXX. The phone records concur with the phrase next due XXXX dated in XXXX. Yet XXXX XXXX states we owed 2 FULL, unmodified payments in XXXX XXXX and XXXX XXXX that we didnt pay. XXXX XXXX states the contract says that a payment was due XXXX XXXX, XXXX. She conveniently fails to state the rest of what the contract states in reference to a payment on XXXX XXXX, XXXX. It clearly states that the payment for XXXX XXXX is to be paid by XXXX XXXX, XXXX. It was XXXX payment due by XXXX XXXX that the contract CLEARLY states. That was part of the modification terms. We fell behind in XXXX due to confusion about the modification process. To get approved we had to pay XXXX XXXX payment by XXXX XXXX, XXXX, make a down payment in XXXX XXXX and get the paperwork in by a specific date in XXXX XXXX. In XXXX XXXX lie, we were required to pay a down payment, 2 unmodified payments for XXXX XXXX and XXXX XXXX, and XXXX payment for the modification to be due on XXXX XXXX. Anyone who has had a modification or a refinance or a mortgage knows that there is a month or 2 before a payment becomes due. With XXXX XXXX logic we would have been paying more than our mortgage payments to get a modification to help us in a financial hardship. How would that help? There would be no point. Basic common sense and contract law refute her lies. This is just another lie ; twisting the truth to defame us 5. In response to our statement that our credit has been damaged she refers to credit reporting after XXXX when we stopped performance of the contract due to their material breach. Although this isnt a straight up lie her response is meant to defer and defame. Our statement was based on the negative credit reporting in XXXX when we were paying as required and XXXX was not applying our payments and was reporting them as late payments to the credit bureaus. 6. In response to our statement that XXXX XXXX committed perjury in his affidavit XXXX XXXX states that he did not commit perjury. Let me refer to the XXXX law dictionary definition of perjury : The willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form allowed by law to be substituted for an oath, whether such evidence is given in open court, or in an affidavit, or otherwise, such assertion being known to such witness to be false, and being intended by him to mislead the court, jury, or person holding the proceeding. In XXXX XXXX affidavit he asserts his knowledge and expertise in accounting for Ocwen. It would be proper to believe that someone of his expertise would be able to read a simple contract that sets out the requirements of our financial obligations to the mortgage holder. So he is either lying about the accounting or he is lying about his credentials. Both are perjury by definition. It becomes clear in his accounting when he starts out stating that we are delinquent by 2 payments in XXXX but suddenly in XXXX we are no longer delinquent yet we did not make any extra payments ; only 1 per month. He did not explain how we suddenly were no longer delinquent without extra payments. But the payment records show how XXXX applied the previously unapplied payments in XXXX. And that is how we magically were no longer delinquent. Unfortunately we had already suffered irreparable damages within that 8 month time frame that coincides with the housing market crash of XXXX. Subornation of perjury is defined by XXXX XXXX XXXX as the offense of procuring another to take such a false oath as would constitute perjury in the principal. XXXX XXXX procured the affidavit of XXXX XXXX. It is only common sense to conclude that she committed subornation of perjury. The statements in XXXX XXXX response to our original complaint, constitutes defamation of character. She presented this defamatory letter to the CFPB.
Company Response:
State: IL
Zip: 60803
Submitted Via: Web
Date Sent: 2017-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX XXXX is representing the holders of our mortgage and the servicer, Ocwen. They filed foreclosure in XXXX. We filed counterclaims for breach of contract because the loan servicer, XXXX XXXX, did not properly apply payments. XXXX XXXX, lawyer at XXXX XXXX, obtained and presented a false affidavit written by XXXX XXXX of Ocwen, the current loan servicer. This false affidavit states that we did not make payments in XXXX & XXXX of XXXX causing us to be behind in payments. This is completely false and is proven with the new mortgage modification agreement that we entered into in XXXX XXXX that recast the interest from XXXX and XXXX of XXXX, added it to the principal balance with the first modification payment due on XXXX XXXX, XXXX. This contract is a simple, common, unambiguous mortgage modification contract. This type of contract law is taught in the first semester of law school. XXXX XXXX has been an attorney for some time now so it would be a natural conclusion that she is capable of reading a very clear and simple contract. Therefore she is well aware that the affidavit she obtained from XXXX XXXX is false and contradicts the very contract that is being foreclosed on. Other business record evidence that supports the contract includes phone records and payment records. Not only did XXXX XXXX commit perjury, XXXX XXXX knew that the affidavit was false and still filed it as evidence in this case. I truly believe that XXXX XXXX committed suborned perjury by knowingly convincing XXXX XXXX to write a false affidavit.
Company Response:
State: IL
Zip: 60803
Submitted Via: Web
Date Sent: 2017-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-06
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Ocwen has stated we are responsible for paying for " XXXX XXXX Mortgage XXXX '' even when that information was never disclosed in the HAMP documentation we signed last year. Our estimated escrow amount was {$1400.00} at the time we signed our HAMP documents. When Ocwen re-analyzed our escrow monthly payment increased to {$1500.00} to make up for the mortgage shortage for property taxes and homeowner 's insurance XXXX XXXX XXXX XXXX. Per Ocwen 's website, we are responsible, as the borrower, for paying for " Lender Paid MI ''. Our original lender paid for the mortgage insurance to XXXX XXXX beginning in XXXX XXXX and we have never paid for mortgage insurance as the borrower. In the documentation we have received from XXXX XXXX and Ocwen of our escrow payment breakdown, it was never disclosed to us that we were responsible for paying for the " Lender Paid Mortgage Insurance ''. We were told escrow payment included property taxes and homeowner 's insurance. The MONTHLY payment amount of the mortgage insurance is {$480.00} per XXXX XXXX and loan amount of {$750000.00}. Servicer on the loan per XXXX, is XXXX XXXX Bank. Per Ocwen 's website, annual payment for Lender paid MI is {$620.00}.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX : Ocwen Loan Servicing LLC Loan # XXXX Property Location : XXXX XXXX XXXX # XXXX XXXX XXXX, NY XXXX XXXX XXXX, XXXX I currently own an apartment located at XXXX XXXX Ave., # XXXX XXXX XXXX, NY XXXX [ XXXX XXXX, New York ]. My mortgage is held by Ocwen Loan Servicing LLC. Ocwen is located at XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX. My current mortgage payment is {$690.00} [ Loan # XXXX ]. The outstanding amount owed on that mortgage is currently around {$33000.00}. The Fair Market Value of my apartment is around {$310000.00}. On XX/XX/XXXX, I received an Annual Escrow Account Disclosure Statement that reflected RIDICULOUS new charges to my account. The statement reflected that I owed County Tax on my apartment for {$83000.00} for tax year XXXX and {$110000.00} for tax year. Therefore, according to Ocwen, starting XXXX XXXX, my monthly mortgage payment would now become {$11000.00}. Upon receiving the Annual Escrow Account Disclosure Statement, I immediately contacted Ocwen to ; 1 ) Inform Ocwen that there was NO such thing as a County Tax in XXXX XXXX, NY. 2 ) Ask them where they had gotten the information that was reflected on the Annual Escrow Account Disclosure Statement. 3 ) Provide me with the information that they had used to include that false charge on my Annual Escrow Account Disclosure Statement. 4 ) Ask them why they did not question how there could be a County Tax of close to {$190000.00} on an apartment that had a Fair Market Value of {$300000.00}. 5 ) Ask them why they did not contact me about the supposed County Tax before it was included in my Annual Escrow Account. During the last month, I have spent at least six ( 6 ) hours on the phone with at least five ( 5 ) different Ocwen Representatives who EACH promised to provide me with the information. I was told by each Ocwen Representative that the information would have to be researched and they would get back with me within the week with answers to my questions. Ocwen also scheduled two ( 2 ) different phone appointments with me to discuss their findings. Although I made myself available for both of the phone appointments, NO ONE EVER CALLED. NO information about who instigated the fraudulent County Tax has ever been provided to me. Needless to say, I am unable to make a monthly mortgage payment of {$11000.00}. I also should not have to pay for a County Tax that does NOT exist. I need your immediate help with this situation. If you have any questions you can contact me at either number listed below. Thank you. XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX ( XXXX ) XXXX ( Land Line ) ( XXXX ) XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30328
Submitted Via: Web
Date Sent: 2017-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-11-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XXXX-16 after being presented with a notice of default by OCWEN LOAN SERVICING, LLC I sent a Qualified Written Request for information, including but not limited to the true owner of the mortgage and note. This notice was signed for by OCWEN and completely ignored and now the foreclosure proceedings are in progress. Secondly, in a previous foreclosure attempt OCWEN LOAN SERVICING, LLC sent to me a notice indicating that my home was scheduled for a foreclosure sale, while there was no sale authorized or scheduled by the court in SC. After several written requests to verify this with OCWEN, they indicated in a letter that it was factual, my home was scheduled for sale and they would provide further details in a separate letter. This never happened. I sold most of my furniture and was left in a panic, only to find out that the case was dismissed by the SC court for lack of standing by the plaintiff.
Company Response:
State: SC
Zip: 295XX
Submitted Via: Web
Date Sent: 2017-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A