Date Received: 2017-08-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Dear Ocwen LLC XX/XX/XXXX Our purpose of writing you is regarding our Loan Modification ; we entered into with you in XX/XX/XXXX. During this very stressful time, you offered us a Loan Modification knowing we had a First and Second mortgage. We asked several times doing our numerous conversations, if the loan modification included both loans. Your response to us was yes, and we would not have any other delinquencies on the loan if we paid the loan per the loan modification. This would save your home. It was our understanding you would defer our second loan until the end of the loan. Now we are being told the deferred payment was part of the Modification, and our 2nd mortgage was not included in the modification. This is a classic bate and switch tactic, in which Ocwen has become notoriously known for. Our loan modification was initiated as part of the HAMA program. In this program, it clearly states page 11, the home owner would not be charged any upfront fees, nor incur any additional cost in order to enter into the modification. At the time of the modification, you requested we pay {$13000.00}, which we did. This was wrong for you to do this per the HAMA program guidelines. In addition, you added a deferred amount of {$93000.00} to the first lien position. What sense does this make if you were truly trying to assist us? You added more on our first mortgage then what we owed. This is obviously a hidden upfront fee. Our original mortgage was {$310000.00}. We had paid on for six years. The balance at the time was obviously less then the original loan amount. When you advised us of a deferred amount it was expressed in your communication the modification would address both the 2nd and 1st. Other wise why would we want to added more on our loan? Know we are being told, you sold our second high interest loan to XXXX XXXX XXXX who in turned, sold it to another company, and that company sold it to another company. It finally ended up at XXXX XXXX XXXX, who has an outstanding not due by us. They are saying we owe them {$100000.00}, not even taking into consideration we had paid the loan down through the previous servicing company. I have several requests of you, to resolve this nightmare : 1. Extinguish the deferred payment on the first lien position. And provide us with a payoff amount reflecting this. Advise us if you have received any compensation on either of our lien as a result of our entering into this loan modification, per the HAMA program. Second Lien Elimination Payments : To reduce the borrowers overall indebtedness and improve loan performance, additional incentives will be provided to extinguish junior liens on homes with first-lien loans that are modified under the program. Per Page 15 of the HAMA program. 2. Provide us a full historical financial audit of the loan or loans as they were being serviced by you, from day one. 3. Verification of the payment of {$13000.00} we paid to you in as part of the modification agreement. Refund all of this {$13000.00} payment as it should have never been charged by you per the HAMA. 4. Im requesting a full disclosure of all recorded phone calls on this loan from day one. 5. Explanation as to why you are still charging us for mortgage insurance when our loan balance is well bellow 80 % of the loan amount who hold on the property. We are requesting a full refund of overpayments charged by Ocwen of our Mortgage insurance. 6. We are requesting a full audit of our escrow account and any overpayment to be refunded as well. 7. I want to know what was the balance of the first lien at time of the modification. Thank you for your anticipated cooperation on this matter. CC : Consumer Financial Protection Bureau.
Company Response:
State: CO
Zip: 80013
Submitted Via: Web
Date Sent: 2017-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Ocwen is acting in bad faith and with gross negligence in connection with a financial matter. At issue is Ocwen 's demand through their shell company XXXX XXXX of an illegal demand for contribution in a short sale. CA law forbids junior lien holders from requiring contributions to do a short sale and worse Ocwen has a guideline of only paying 8 % for junior lien holders. In this case Ocwen is the junior lien holder. If Ocwen only pays 8 % to junior lien holders per their guideline then they should most certainly be happy to receive 8 % which is what 1st lien holder is paying Ocwen. Ocwen must accept the offer amount being paid due to 1. CA law forbiding contributions to junior lien holders and 2. Because their guidelines pay junior lien holder 8 % so demanding almost 25 % is not only ridiculous and against ethical business practices and their own stand business practices. Ocwen very well knows no junior lien holders on short sale receive 25 % pay off. Payoffs to junior lien holders in short sales are maxed at 10 % varying by lender. Ocwen only pays 8 % they can accept 8 %.
Company Response:
State: CA
Zip: 95133
Submitted Via: Web
Date Sent: 2017-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been complaining to the cfpb ... ..you guys ... .for years ... .XXXX??? You guys have been closing out all my complaints ... .i have disputed them all ... and you have them closed out because ocwen sent you their paperwork??? Seriously??? My home has been foreclosed upon ... i have been complaining to the cfpb for years ... .and you guys close my complaints???? Like ocwen has made things right with the paperwork they choose to give you!!! Ludicrous!!!!
Company Response:
State: OH
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX XXXX took over our home loan around XXXX and before we had no trouble with any payments or any issues with the previous mortgage company XXXX XXXX. Ocwen is now stating that we are up to 6 months behind in our home mortgage payment and will not take any of our payments as we have sent over 4 payments to them. They have sent every cashier 's check for the amounts of {$1000.00} in XX/XX/XXXX, XX/XX/XXXX for {$1000.00} back to us and have stated to not to send any more payments to us. We have called them and asked how to resolve this matter and they stated we had to send {$5900.00} and it would up to date.We spoke with them on XX/XX/XXXX and they stated they could not help us unless we payed the amount in full or we would be foreclosed on.l Our house has been listed on the internet without our knowledge for foreclosure but now has been taken down. We have a XXXX XXXX XXXX total XXXX great grandson who we have raised since birth and have lived in this house XX/XX/XXXX. He has XXXX, XXXX XXXX, He can not walk and is confined to wheelchair but he talks in his own way. We have to feed him, he is total care. We have told Ocwen this over and over and they do not care and will not work with us even when he stands to loose his own home that he has only known.
Company Response:
State: TN
Zip: 379XX
Submitted Via: Web
Date Sent: 2017-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Im writing this complaint in regards to Ocwen, my current mortgage company. Earlier this year I had a tenant living in my home who stopped paying the rent. I, at the time, lived in another location where I leased a residence. Unfortunately, I was unable to pay my rent at my residence and the mortgage that my tenant was living in. Consequently, I fell behind in my payments, to the tune of 4 months. I contacted Ocwen early on and advised them of the matter stating that I was in the process of evicting the tenant because she failed to pay rent and refused to vacate the premises. I further advised Ocwen that the California process for evicting a tenant is 60 days, in addition there may be a default issued, where it would take time to process the Sheriff to provide a lockout OR there may be court procedures. All of which take time. Therefore, I asked Ocwen for assistance with lowering the interest rate and also asking if they would be willing to place the missed payments to the back of the loan. I was able to catch up with 2 payments ; however, the other 2 payments have been a hardship to catch up to. I applied for Ocwens Hardship assistance. Ocwen denied me, but could not explain why they denied me. Further, I asked Ocwen to place the 2 missed payments at the back end of the loan. I was again denied that because I did not qualify for this. Those are the exact words of the Ocwen customer service representative. When I inquired as to why I did not qualify for the hardship or the placing of the payments to the back end of the loan, the individual could not tell me why. All he said is that when he put in the request, the system told him that I did not qualify. I asked him to provide me with a Supervisor and some documentation, as there must be an explanation as to why I did not qualify ( especially for placing 2 payments at the back end of a loan I am not sure what type of qualifications you need for something so simple as this I want to keep the property, I want to pay, I just need a little assistance for a matter that is completely out of my control JUST A LITTLE ASSISTANCE would have been nice from Ocwen. However, I was informed that he could not provide that information to me and that there was no documentation as to why he couldnt place the 2 payments at the back end of the loan. Ridiculous! There appears to be some Fair Truth and Lending malfeasance on Ocwens part. It is not difficult to place 2 payments to the back of a loan especially from someone who has stated they are willing to pay just need some help. Ocwens slogan is Helping Homeowners Is What We Do! However, Ocwen has not helped this homeowner, nor the many others in California, Florida, and New York which is evidenced by the several ongoing mass lawsuits against Ocwen in those three States. I merely need the payments to be placed at the back end of the loan. Further, any assistance in lowering the interest rate even for a two year term would also help. I am forging my complaint here, hoping that someone will do something for us homeowners who need some assistance, but who seem to be denied from receiving even the slightest assistance from a mortgage provider who states that they are there to help homeowners.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Applied for Ocwen Loan Servicing Settlement for Misdated Letter Claim in XXXXX 2016. To date no resolution. Bi-monthly phone calls to XXXX yield the same scripted response " under additional review ''. Called Ocwen directly and customer service rep responds that my claim is not showing in their system for review or status.
Company Response:
State: IL
Zip: 60453
Submitted Via: Web
Date Sent: 2017-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-22
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I filed a complaint with CFPB against XXXX XXXX XXXX and OCWEN regarding a bait-and-switch situation during the closing of my mortgage. They baited me by assuring me during closing that I could at any time cancel my escrow account because I put 20 % down for the purchase. OCWEN switched by refusing to cancel my escrow when I asked them and they switched from 20 % to 25 %. This was not part of the original agreement in written and VERBAL form. After I filed the above complaint with CFPB, OCWEN retaliated against me by inserting a bogus note into my credit report. Their note ( which they admitted to in my telephone conversation with OCWEN ) showed up as an Alert to the Underwriter on a new loan that I am currently trying to obtain. Their negative comment on my report probably also affected my credit score by lowering it some 10-20 points. My credit report had been consistently above XXXX over the past couple of years.
Company Response:
State: RI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I just received a mortgage account statement from OCWEN LOAN SERVICING, LLC in the amount of {$8700.00} ( Mortgage Account statement dated XXXX attached ). OCWEN LOAN SERVICING, LLC has failed to provide any explanation or detail as to how this amount was specifically calculated. OCWEN LOAN SERVICING, LLC lists in its description of the mortgage account statement the principal payment, interest adjustment and charge - short payment, for figures of {$4200.00} and {$260.00} and {$3900.00}. Where did OCWEN LOAN SERVICING, LLC specifically compute these figures from, how and when did they specifically originate? OCWEN continues to make widespread errors on my account and needs to remove these bogus charges.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX, 2017. Ocwen financial servicing have been delay my modification even though I sent them all the required document that is the third time they made refill the modification package. they kept denying it. and I 'm paying very high interest on my mortgage. it is to much, I 'm at risk of not having enough money to pay the bank, and I ask them to tell they refuse. as I read online I see many other customer are having issue with them, and they were by the government for not following rule. I guest they have a bad culture. they do n't want to help customer instead of making it hard for them to lose they house
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 11212
Submitted Via: Web
Date Sent: 2017-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In spring of XX/XX/XXXX, I started receiving phone calls from OCWEN attempting to collect on a debt. I was overseas on a military XXXX, and not regularly receiving my statements in the mail, as they are sent to my home address. Due to the travel intensive schedule, and austere locations of my XXXX, I simply paid OCWEN the amounts they said were due to bring my account up to date, as I did not have access to the resources necessary to investigate the details of the discrepancies. Two months later, the calls began again. This time, I spoke to OCWEN, and ensured that I was paying well in advance of my due date for each month 's bill. I had already set up auto payment through my bank, XXXX XXXX XXXX XXXX, to ensure my bills were always paid on time, but after this incident, I paid one month in advance, in addition to what OCWEN claimed was delinquent, and set my auto-payment for {$10.00} more than my monthly amount due ( in case there was a fluctuation in my payment amount due ), and I scheduled for it to be paid on the first of every month, even though my payment was not due until the XXXX of each month, so I would always have time to correct a problem before the bill was late. I also filled out a form I obtained from OCWEN, specifically telling OCWEN to apply any additional/excess funds beyond the billed amount/amount due to the principal of the loan. I marked the box that stated this was to continue for each over-payment, indefinitely, or until change it. I did not have any issues with OCWEN again until XX/XX/XXXX. When I received my XX/XX/XXXX statement, which was produced on XX/XX/XXXX, it listed the last payment received, amount, etc., and that I had a balance due of {$0.00} dollars. My bank statement showed my XX/XX/XXXX Payment of {$560.00} had been sent, as scheduled, on XX/XX/XXXX, because XX/XX/XXXX was not a business day. When I received my XX/XX/XXXX statement, dated XX/XX/XXXX, it stated I had an Amount Due IMMEDIATELY of {$550.00}, as well a balance due on XX/XX/XXXX for {$560.00}, resulting in a total amount due of {$1100.00}. By this time, my wife and I had applied for a new mortgage, to purchase a new house in a new location, which required a copy of my current mortgage statements. She was already living in the new location, and had taken my XX/XX/XXXX OCWEN statement with her after a visit, before I had an opportunity to investigate the discrepancy. My payments continued as scheduled, and arrived each month on the 1st business day of each month, to be applied to my amount due on XX/XX/XXXX. When I received my XXXX statement, it listed a Past Amount Due IMMEDIATELY of {$560.00}, the exact amount due on XX/XX/XXXX, which had been paid XX/XX/XXXX. It also showed a balance due on XX/XX/XXXX of {$560.00}, for a total amount due of {$1100.00}. At this point, we were in the middle of packing our old house, getting it ready to sell, and move to our new house, which included a myriad of additional difficulties and issues that needed immediate attention, not to mention coordination for the move, kids ' schools letting out for summer, being a single parent household, and my pending retirement from 22 years of military service. I simply did not have the time, or energy to dig into the details of these continued discrepancies at that moment, and paid the full amount of {$1100.00} on XX/XX/XXXX. Knowing that I would soon be selling the house for which OCWEN owns this loan/line of credit/2nd mortgage, I was confident this would be the last of the continuing issues with this mortgage company. Of course, this did not prevent me from having to have a conference call with my new lender, and OCWEN, to explain that I was not delinquent on my payments, and never had been. The OCWEN representative during that call confirmed that I had not been late on my payments, and my account was up to date, even though the billing statements suggest otherwise. My XX/XX/XXXX Statement arrived showing I owed {$550.00}, due on XX/XX/XXXX. I checked my bank records to ensure my payment had been made, which it had been, on XX/XX/XXXX, in the amount of {$560.00}, to be applied to my amount due on XX/XX/XXXX. Since the statement was printed on XX/XX/XXXX I did not concern myself with the listed balance due, knowing it had been paid. My XXXX statement arrived, having been printed on XX/XX/XXXX. It showed a Past Amount Due IMMEDIATELY of {$550.00}, and a current amount due of {$570.00}, for a total amount due by XX/XX/XXXX of {$1100.00}. I 've since moved into my new house, and having had enough of OCWEN 's billing nonsense, I decided to look into my records as to why this continues to happen. I noticed several discrepancies and inconsistencies in my billing statements, to include a payment made on XX/XX/XXXX of {$560.00} to be applied to my balance due on XX/XX/XXXX, that had only {$6.00} of the {$560.00} applied to the balance due. The remaining {$550.00} of that payment was placed in " Suspense '', according to the statement. Just to refresh everyone 's memory, the Past Amount Due IMMEDIATELY listed on the following statement dated XX/XX/XXXX, is for {$550.00}. I called OCWEN on XX/XX/XXXX to address these issues, and it was n't until I brought up the incorrectly applied payment for the amount due on XX/XX/XXXX, which was paid on XX/XX/XXXX that they acknowledged any issue or inconsistency. I was then told that the discrepancies on my bill were due to the fact that my payments arrive on the XXXX of each month, and the bill is produced on the XXXX of each month. When I explained that I was paying 20 days in advance of the due date, and 30 days in advance off the the next billing statement being produced, this explanation was simply not possible. I further advised the OCWEN representative that I had specifically filed a form they sent me in XX/XX/XXXX, specifically directing them to apply any excess funds/overpayments to my principle balance. After putting me on hold, the representative told me that the only recourse I had was for her to submit a request to another department of the institution, to have those incorrectly allocated funds from XX/XX/XXXX 's payment applied to my XX/XX/XXXX amount due, and that it would leave me with a balance of $ XXXX due XX/XX/XXXX, even though the payment for XX/XX/XXXX has already been made, as of XX/XX/XXXX, in the amount of {$560.00}. OCWEN has been consistently failing to apply my monthly payments correctly. I have all of these statements, and bank payment information from when it started to become a problem again this year, and will be obtaining all of my statements for the history of the loan. Unfortunately, I am unable to get my banking statements for last year, or beyond, though the similarities between these incidents leaves no doubt in my mind they have been incorrectly applying my monthly payments for the life of this account. I have paid them the double amounts on at least four separate occasions, and will gather the required documentation to determine exactly how many times I have had to deal with this from OCWEN, as I estimate it has cost me in excess of at least {$2500.00} additional dollars over what I actually owe them for my account to be current, though I will not be surprised to discover the actual amount to be higher. Possibly significantly higher. The conversation on XX/XX/XXXX with OCWEN ended without resolution to this continuing issue, and I 'll simply be ignoring their future statements, and/or claims that I am delinquent on my account. The house that coincides for this loan is listed for sale, and OCWEN will get their money when house is sold. During my research of these discrepancies, I came across an article explaining that CFPB was suing OCWEN for incorrectly applying customer payments, among other things such as information omitted from statements, and decided to report my problems, so additional evidence can be provided to prove their continued mishandling of customer accounts and money. I 'm sure I already know the answer to my next question, but I 'll ask it anyway. What sort of recourse do I have with OCWEN for their mismanagement of my account, and money I have paid them beyond what I actually owe? I am electing not to attach my billing statements from OCWEN, because they already have the exact same ones, which clearly outline the discrepancies. Unless some sort of financial restitution is a possible outcome, I 'd rather not waste any more of my time on OCWEN.
Company Response:
State: VA
Zip: 23456
Submitted Via: Web
Date Sent: 2017-08-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A