Date Received: 2017-07-11
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I was XXXX on XXXX of 2016 and during that time frame I was under the impression that my mortgage was being auto drafted out of the account. Due to some issues with my pay with Government my payment wasnt being deposited on time to my checking account causing payments be missed applied everywhere. Since that time frame I have paid off the balance on both my 1st and 2nd Notes with Ocwen Loan Services. I am now trying to relocate due to my orders to XXXX XXXX, Texas and am in the middle of trying to purchase a home and can not due to the lates on my credit report.
Company Response:
State: TX
Zip: 78154
Submitted Via: Web
Date Sent: 2017-07-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: OCWEN Loan Servicing is currently holding onto {$17000.00} in my escrow balance. This amount far exceeds the required escrow balance of {$7600.00}.
I have called OCWEN numerous times to try to get the difference - which is {$9900.00} - between the required and actual escrow balance, returned to me. So far, OCWEN has refused to return these funds. It is impossible to get a straightforward, honest answer out of OCWEN. When I call OCWEN I either get someone at their call center in XXXX, who I can not understand, and when I ask to be transferred to the States, I get a millennial child in OCWEN 's so called " customer service '' department, who gives out wrong, incorrect information. In addition to seeking the {$9900.00} to be returned to me, OCWEN is also holding onto suspense funds of {$6000.00}. Again, it is impossible to get a straightforward, honest answer out of OCWEN as to what this suspense account is for, or how it got to be {$6000.00}. The last millennial child I spoke with at OCWEN gave me 4 different categories for how the suspense funds are kept, but could n't explain what the 4 different categories are, what they are for, and/or how they got broken down into these 4 categories, etc. The bottom line is that this {$6000.00} is my money, and together with the amount of the overpaid escrow balance, these funds, which total approximately {$16000.00}, should be immediately returned to me. Again, OCWEN has refused to do that, and that is why I am filing this complaint. For full disclosure, I am in the 59th month of a 60 month Chapter XXXX bankruptcy reorganization. The excess funds that I have paid OCWEN belong to me, and no one else, and certainly not to OCWEN. My OCWEN mortgage account is current and up to date.Company Response:
State: WA
Zip: 98056
Submitted Via: Web
Date Sent: 2017-07-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I currently have a mortgage serviced by OCWEN Loan Servicing, LLC, for a property awarded to my ex-spouse resulting from a divorce. I am listed solely on the note. The ex-spouse was supposed to make timely mortgage payments as agreed upon in the final divorce decree, the property settlement agreement, and the special warranty deed. In XXXX of XXXX the ex-spouse stopped making the mortgage payment. I was made aware of the default in XXXX XXXX, and began correspondence with OCWEN to have my name removed from the note, and sent them a completed package with the divorce decree, property settlement agreement, and special warranty deed. OCWEN rejected that proposal about one month later and placed the property in foreclosure. In XXXX of XXXX, I again contacted OCWEN and requested a loan modification. I sent in my packet along with all the relevant divorce paperwork requesting a modification or forgiveness of a portion of the balance. I explained that I would pay the remainder of the balance in cash in 60 days. In XX/XX/XXXX, OCWEN rejected that offer. I then contacted OCWEN asking how can I remedy this situation, and the customer representative recommended completing a deed in lieu of foreclosure application, which I did on XX/XX/XXXX. I believe that OCWEN is intentionally rejecting these offers because the property is now valued more than owed, and wants to sell the property out from under me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: VA
Zip: 22485
Submitted Via: Web
Date Sent: 2017-07-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX, XXXX loss his job and became unemployed, XXXX had already been unemployed since XX/XX/XXXX. Both of us were unemployed, we contacted Ocwen to request mortgage assistance in XX/XX/XXXX. At this point mortgage payments were current despite both of us being unemployed. Our savings were exhausted. Ocwen offered us an unemployment forbearance program beginning XX/XX/XXXX. At the time we were granted a year to make min. payments of XXXX per month and we made the monthly payment as instructed until XX/XX/XXXX. At which time XXXX and I were back employed and asked for a loan modification, sent in the application and was not told until XX/XX/XXXX that our loan modification was not an option because the investor XXXX XXXX refused to participate in loan modifications. Our home was under water by about {$100000.00} at the time and we opted to participate in the forbearance program because Ocwen indicated at the end the one year unemployment assistance program we would be eligible to apply for a refinance. Why would you offer me a refinance option that Ocwen knew did not exist? Ocwen the loan servicing company never told us that the XXXX XXXX does not participate in any loan modification programs and expected all past due to be paid up front in order to continue the loan.
Had we had the funds we would have never asked for a payment exception, and surely had we known that we would be in a worsen position by participating would put our home in jeopardy of foreclosure because the lender would not give us the opportunity to refinance by loan modification. We were scammed by Ocwen who knew this would end up in a no win situation. We attempted to contact XXXX XXXX on two occasions and had to be called back because nobody was available to speak to us, and never received any return calls. We attempted on three different occasions to submit applications for modification with Ocwen and was led to believe this time it will be different and the second time the only option given was we had to turn over the deed in lieu of or do a short sale and the option to keep our home with loan modification was not an option. The house was under water and we were destitute, Ocwen was aware of programs that could have saved the property and did not inform us because we believe they wanted to foreclose on our home. We have been in this property since XX/XX/XXXX, in XX/XX/XXXX put in a new heating and air conditioning unit that cost more than {$5800.00} and in XX/XX/XXXX, a section of the roof fell in and we had to borrow money to replace costing us more than {$8200.00} when we had no money because we wanted to retain our property. After investing to keep the property in tip top shape, now Ocwen and XXXX XXXX want to foreclose on our property. All correspondence regarding XXXX XXXX, directs us to deal with Ocwen who says it is the lender who makes the decision to either foreclose or not, yet we are unable to get the lender to contact us or accept our call. On XX/XX/XXXX we received a letter from XXXX XXXX XXXX XXXX representing XXXX XXXX XXXX XXXX XXXX as trustee for XXXX XXXX XXXX XXXX XXXX, Mortgage Loan Pass through certificates, series XXXX, advising of foreclosure proceeding beginning for the debt {$370000.00}. We are asking an opportunity to resolve this issue with the bank however the bank will not take or return our calls. Had Ocwen told us up front that entering the forbearance program even if completed with on time payments would not help us because the lender does not do loan modifications we would have re-thought our decision to participate and opted to struggle to rob peter to pay Paul to avoid this foreclosure option. We were not given the opportunity to do this and we feel we were purposely misled by Ocwen representing XXXX XXXX. Please investigate for us, I only can imagine how many more people have been misled through this scam of yes, we are here to help and then when you are able to pay your mortgage payment they demand the entire arrears amount which anyone with common sense would know you do not have, for if you had it you would not have been in the program to begin with. XXXX can be reached at XXXX XXXX for further information.Company Response:
State: MD
Zip: 20735
Submitted Via: Web
Date Sent: 2017-07-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I had a mortgage loan with Litton loan servicing I fell behind on my payments and was given a loan modification. What I did not realize is XXXX added XXXX to my loan balance in fees for the modification. Ocwen brought my loan and I did fine until I had some life threatening health issues, which caused me to fall behind on my payments. After being threatened with foreclosure I decided to sell my home. I 've been asking for a payoff amount for a few months. I was told to refer to the princable amount listed on the website. After entering into a contract with a buyer I was told the payoff amout is an additional XXXX dollars. The amount on the web site states XXXX. What recourse do I have to stop from paying these bogus fees.
Company Response:
State: OH
Zip: 43232
Submitted Via: Web
Date Sent: 2017-07-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I submitted a loss mitigation application to my mortgage servicer, Ocwen Loan Servicing, to short sale my home when I realized I could not afford to pay for it anymore. I did this in late XXXX after a foreclosure case was still pending against me and the subject Property, which is and has always been at all relevant times and to date my principal residence.
OnXX/XX/XXXX, I received 2 letters from Ocwen -- one stated that my request to short sale the property was approved and gave instructions for submitting an offer and the other letter gave me list price guidance. My attorney who is also my listing broker listed the property in mid-XX/XX/XXXX for the amount advised by Ocwen. It took several months but finally it was necessary to reduce the list price because I was not getting offers. At the time, the property needed repairs estimated as ofXX/XX/XXXXof approximately {$41000.00} ; I also was in serious delinquency on my mortgage payments, but this was well known to Ocwen and the mortgage investor ( claimed to be a private investor ) prior to the approval to do a short sale. Neither of those conditions has changed. Ocwen has been sent the {$41000.00} repair estimated in the summer of XX/XX/XXXXand it was resent again in XX/XX/XXXX after which the 1st short sale approval letter datedXX/XX/XXXX was issued. After additional BPO appraisals ordered by Ocwen, the price was reduced multiple times and multiple contract purchase offers were submitted but were all rejected because the net proceeds payable to Ocwen were reportedly too low. I was repeated invited to submit another, better offer without any further list price guidance until the Fall of XX/XX/XXXXand then again in XX/XX/XXXX I learned that repeated BPO ( ie, realtor ) appraisals valued the property at {$480000.00}. So I immediately instructed my Listing Broker to lower the list price on the property to encourage a viable contract offer. All the while, and continuing to date, it is extremely important to me that I avoid the harmful effects of a foreclosure sale on the property. Due to significant and numerous other liens that are encumbering the property, I am not eligible to do a Deed in Lieu of foreclosure. So if I knew that if I could n't get a short sale accomplished I would risk my house being sold at foreclosure. That is why I have worked so diligently and in good faith to cooperate at all times with Ocwen, and I have instructed my attorney/Listing Broker to work so hard to get agreements from the other lien holders, which liens are encumbering the property, to release them so that I can avoid foreclosure. After many months, those lien issues -- subject only to the short sale being consummated -- are able to be resolved for pennies on the dollar. In fact, for less than {$2500.00} I am getting 1 particular lien that is valued at over {$20000.00} paid and satisfied. That is huge to me because I have been struggling to recover after a lengthy prior period of under-employment, and divorce. So I was glad to be able to submit a {$480000.00} short sale offer to Ocwen in earlyXX/XX/XXXX. I was even more delighted when Ocwen sent me a short sale approval letter for that contract on XX/XX/XXXX. Unfortunately, just 3 days prior to the deadline for closing ( which had to be completed by XX/XX/XXXX per the short sale approval letter conditions ) the deal fell through because the Buyers could not get approved for a loan. The issue was not the house appraising for too little ; in fact those Buyers had 2 separate interior appraisals conducted and that the house appraised " as is '' for the {$480000.00} sale price. I, for my part, had paid movers to remove most of my personal property from the house in anticipation of the closing. It is also noteworthy that I am not even now being allowed any Seller relocation assistance even though when I first made inquiry of Ocwen about that issue in the Fall of XXXX I was told that I was eligibile to receive {$10000.00}. Ocwen later reneged on this and I was told that, according to them, the private investor does not allow any Seller Relocation Assistance. I now realize that I can not trust anything that Ocwen tells me or my attorney/Listing Broker. So I do n't know that I am being told the truth about not being eligible for Seller Relocation Assistance. This is an issue I want firmly addressed as part of my Complaint to your offices. But, most recently, and more to the point -- after the original approved short sale for {$480000.00} had expired -- Ocwen sent me a letter datedXX/XX/XXXXstating that the prior short sale that had been approved was denied because the deadline for closing had expired onXX/XX/XXXX BUT Ocwen also affirmatively in that same letter invited me to submit another short sale offer. It is important to note that from prior to the XX/XX/XXXX short sale approval letter and as recently as today, on a bi-weekly basis and more recently on a weekly or less basis, my attorney/Listing Broker has had routine conference calls with my Relationship Manager ( or someone in his absence ), XXXX XXXX ( ID # XXXX ), and all of those conversations let my attorney/Listing Broker and me to understand that I was eligible to submit for final approval a short sale to avoid foreclosure of my home. Just seven ( 7 ) calendar days after receiving that letter inviting another short sale contract to be submitted, I was able to do so, supplying all required documents. I was fully convinced that it would an effortless process for this new Buyer offer to be accepted because this offer was going to yield to the mortgage investor MORE MINIMUM NET PROCEEDS than the prior Buyer 's offer. And my attorney/Listing Broker specifically made a point to investigate, then advised me before I executed that offer, to reassure me that the Buyer had been fully vetted as to his FICO score, employment history, income and other relevant factors so that I could be confident, and Ocwen by extension, that this Buyer would not have an issue getting a mortgage loan to by my house ( by the way, this particular contract that I choose was one of 2 new offers presented to me, but I elected it because its terms constituted the highest and best offer received TO DATE ). On XX/XX/XXXX, another appraisal was done on my house, this time and for the first time by an actual Maryland licensed appraiser, which I again accommodated. Reportedly this was necessary because the prior ( realtor BPO ) appraisal done inXX/XX/XXXX had expired. I reasonably assumed that this was consistent with getting the new short sale approval letter. OnXX/XX/XXXX after requesting a copy of that appraisal report following the denial of the short sale contract, I learned that the Property appraised " As Is '' for {$470000.00} - that 's {$10000.00} LESS than the short sale contract purchase price at issue. That report contained information suggesting the true FMV was even less, as low as {$400000.00}, with repair estimates at {$20000.00} ( but which failed to accurately reflect all repairs needed. At no time was I or my attorney/Listing Broker ever told that another short sale contract would be denied because time had run out to do a short sale. Certainly at no time from the initial approval letter sent by Ocwen in XX/XX/XXXX to date have I ever received any written notice of a deadline to submit a short sale contract. Yet to my great distress and frustration, on XX/XX/XXXX I received a letter from Ocwen stating that the pending short sale contract submitted in good faith on XX/XX/XXXX had been denied and the sole reason given was a statement to the effect that the mortgage investor wanted nothing less than to be paid in full!!! That is completely contrary to theXX/XX/XXXX short sale approval letter AND antithetical to the concept of a short sale!!! I immediately instructed my attorney/Listing Broker to follow the instructions in that letter to appeal the decision. My attorney/Listing Broker immediately called Ocwen and was told that the private investor was declining the offer due to the serious delinquency of the mortgage ( which has been true for years ) and the condition of the property ( which has also been true for years ). This to me was not a good faith answer. When asked, the Ocwen rep claimed that despite the fact that Ocwen knows the mortgage investor short sale guidelines, that Ocwen had no way to know that the investor would decline the latest short sale. I also find that representation wholly implausible. The formal email to Ocwen 's Liquidations Appeal department was sent on Friday, XX/XX/XXXX with all supporting documentation and additional reasons for my appeal. On Monday, XX/XX/XXXX, my attorney/Listing Broker called Ocwen to inquire as to status and was transferred to Ocwen 's " Ombudsman 's '' department where a conversation with XXXX XXXX resulted in an acknowledgement of the oddity of the current status of the short sale and a promise to make further inquiries and respond back by phone no later than Thursday, XX/XX/XXXX. My Attorney/Listing Broker advised, with my permission, that I would hold off filing a complaint with your offices and the Maryland Attorney General 's office as a professional courtesy and on the reasonable expectation that Ocwen and the mortgage investor would do the right thing based on the history of all relevant facts to date, and reverse their denial letter so that I could avoid foreclosure. It is also extremely important to me that the Buyer be able to buy my house. I acted in good faith marketing it as a short sale that I was ready, willing and able to consummate, and this action by Ocwen and the investor not only makes it appear as if I have breached our agreement, but that I have mislead the Buyer. On XX/XX/XXXX, I received another short sale denial letter, which other than the date on the letter was identical to that which was received on XX/XX/XXXX. No clarification as to whether or not this was a response to my appeal was given. Just another insufficiently inaccurate form letter from Ocwen. I also learned that there appears to have been confusion about who the new Buyer was because Ocwen reps, including my Relationship Manager and then XXXX XXXX who took my attorney 's call on XX/XX/XXXX variously asked the name of the Buyer for the latest offer. This just shows how confused and untrustworthy the communications on my behalf with my Attorney/Listing Broker and Ocwen reps have been. How can they not clearly know whose contract was presented to them and have to ask those questions? OnXX/XX/XXXX, XXXX XXXX contacted my attorney/Listing Broker and I then learned that XXXX XXXX claimed that the mortgage investor said that it was too late to do a short sale, and that that decision is within the investor 's discretion. This is now yet a new excuse for denying the short sale that was never given before. Thus, you understand my complete and utter distrust of Ocwen in connection with communicating the true nature of the current dispute and the reasons given for it. Earlier today, XX/XX/XXXX, my attorney/Listing Broker received the pre-scheduled weekly call from XXXX ( covering for the Relationship Manager, XXXX XXXX ). at which time XXXX stated that the file " was in active short sale status. '' When it was pointed out that this property was the subject of a recent short sale denial letter on appeal and that the decision was based on essentially being told " too late, times up, and we want all our money '' the response back from XXXX was " the file is still under review. '' Before that call, my Attorney/Listing Attorney had already reached out to the Buyer 's realtor and mortgage loan officer to advise on the adverse status of the short sale negotiations and to clarify the amount of actual time that the Buyer would need to get mortgage funding approval to close the short sale contract ( which was previously stated to be 3 weeks after receiving the short sale approval letter ). After the call with XXXX concluded with a statement that he did not know when a final decision on the appeal would be made, I learned that the Buyer 's loan is now far enough in the process that the Buyer can close in 2 weeks or less, subject only to receipt of a short sale approval letter, and the title company ( re-evaluating ) the title work needed to issue title insurance. My Attorney/Listing Broker emailed the Ocwen Liquidation Appeals department memorializing the conversation with XXXX and giving this updated information. Up to this point, I was cautiously optimistic that Ocwen and the investor would realize their error and fix the problem without litigation, which I am fully prepared to undertake -- ON PRINCIPLE and not just because as a consumer I am appalled at how this short sale has so quickly deteriorated into a problem to be resolved!! When my Attorney initiated an investigation earlier this afternoon to determine whether a foreclosure sale date is set for my house, I learned that the XX/XX/XXXX ( yes, that 's the right year ) foreclosure case has been administratively closed by the Court in which it was filed as of XX/XX/XXXX due to " lack of prosecution '' meaning that this is just another reason why better for the investor and me to complete the pending short sale contract. I am asking for the assistance of the CFPB to resolve this matter ASAP so that I can keep my end of the bargain with the present Buyer before that Buyer decides to walk away and I am left more seriously and negatively impacted -- personally, emotionally and financially. Copies of all relevant emails and attachments to those emails are being provided here.Company Response:
State: MD
Zip: 21045
Submitted Via: Web
Date Sent: 2017-07-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-06
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I sold my property XXXX XXXX ,2017 and on XXXX XXXX , 2017 requested a Breakdown of the {$60000.00} charged for the " Shared Appreciation Amount '' from Ocwen Loan Servicing. XXXX On XXXX XXXX , 2017 I received a letter ( a ttached ) stating that I only should have paid {$9800.00} for th e " Shared Appreciation Agreement '' ( a ttached ). Ocwen charged me {$60000.00} through escrow and I have not received a refund. XXXX On XXXX XXXX , 2017 I requested a refund on the {$50000.00} for over payment. ( attache d ) No res ponse from Ocwen.
Company Response:
State: CA
Zip: 95336
Submitted Via: Web
Date Sent: 2017-07-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have had nothing but trouble with the company called Ocwen Financial I was only 2 months late on my mortgage several years ago paperwork was not being shown they would tell me I did n't send it and I did send it, this went on for years I owed them {$5000.00} and offered to pay it on that day they refused to take it and told me I had to go through a modification the modification was a disaster they would not accept certain paperwork paperwork was not being shown, my credit report was not showing any good payments they sent a sheriff after I was behind only two months and refused to let me pay it, I 've had 3 XXXX XXXX now this place is made me crazy my husband also is ill and lost his job I asked them if I could pay half this month and half next month they refused they said pay it!! added on two additional mortgage payments and told me come up with it. That was their answer, I told them I could not help it I had a XXXX XXXX there was nothing I can do about it please take my payment and let me continue to pay they refused and now again I 'm stuck. please help me I ca n't go through another terrible modification and what they put me through the last time dragging their feet saying I did n't send paperwork they even tried doing it to my attorney, I finally had to get an attorney thank XXXX he was a good man and helped us out they even tried to do it to him, tell him that he was missing a piece of paper and he said no way, and told them to stop messing around now I fell behind because of the XXXX XXXX and my husband being ill and in the hospital, I still can pay the mortgage that 's not a problem but now they want me to pay a large amount and told me to come up with it by the XX/XX/XXXX or they were going to do something about it. I do n't need to have another Sheriff at my door the first one I was only late 2 months, I knew that that was wrong but there was nothing I could do about it I 'm sick I work and I worked and I worked until I broke and that 's what they try to do is break you, even their website has a big red! On their page please help me. They are not being fair to anyone there are many, many complaints, and the lawsuit against them finally I plan on being a part of that I asked them if I could split my mortgage payments into two different payments and they refused so they say they work with you they do not!
Company Response:
State: IL
Zip: 60073
Submitted Via: Web
Date Sent: 2017-07-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Please consider this correspondence to be formal notice that our mutual client is hereby submitting a complaint regarding the denial of loan modification because your company failed to evaluate this borrower for all loss mitigation options available in violation of Regulation X, 12 C.F.R. 1024.41 ( c ) ( 1 ) ( i ) .The lender is refusing to review the client file - the package for review has been faxed 2 times and they are stating it was never received - this has been faxed again today, but they are stating it is not 37 days prior to sale and a review can not be completed.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-07-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Additional Complaint Addendum TO - XXXX XXXX XXXX XXXX XXXX XXXX ( Main Office ). XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX Under NJ Rev Stat 2A:50-56 ( 2016 ) P. 11 - ( 11 ) the name and address of the lender and the telephone number of a representative of the lender whom the debtor may contact if the debtor disagrees with the lender 's assertion that a default has occurred or the correctness of the mortgage lender 's calculation of the amount required to cure the default.
The New Jersey Courts required Ocwen Loan Servicing to refile the Notice of Intent to Foreclose with the True and Correct name and address of the Said Lender. Ocwen resubmitted the the requested document and Claimed the lender was XXXX XXXX XXXX XXXX XXXX XXXX NY. I Sent a Formal Complaint to the address and after a number of Attempts by the USPS the Item Was Delivered. We also stipulated that if they did not reply that we would Rescind the mortgage and nullify the Contract. It has been over 3 Years since the attempt to communicate with the Lender as stated on the Notice of Intent to foreclose by NJ LAW 2A:50-56. In the Last week I have contacted the CFPB and made a number of Complaints including Complaint numbers XXXX ( OCWEN ), XXXX ( XXXX XXXX ) and XXXX ( XXXX XXXX XXXX ). On XX/XX/XXXX The CFPB Formal requested the Answer from the our complaint, The Company responded the complaint does not belong to them. ( XXXX XXXX XXXX ) NOTICE OF INTENT TO FORECLOSE STATED THAT THE LENDER WAS XXXX XXXX XXXX XXXX XXXX NY - THUS THIS COMPLAINT SHALL ALSO BE ISSUED TO THEM AS THIS IS A LEGAL REQUIREMENT IF XXXX XXXX XXXX COME BACK AND CLAIM THEY ARE NOT THE LENDER THEN OCWEN HAS COMMITTED FRAUD AND DECEPTION ANLONG WITH UNDER LAW OFFICES AND XXXX XXXX XXXX WE HAVE NOT BEEN ABLE TO DISCUSS OUR ISSUES WITH THE SERVICER WITH THE LENDER AS REQUIRED BY LAW. I XXXX XXXX, of XXXX XXXX XXXX XXXX, New Jersey along with my Daughter as Trustee to my financial estate and whom holds full power of attorney, hereby serves you notice of the following complaint [ s ]. I XXXX XXXX on this day, XX/XX/XXXXhereby request for Ocwen known as the Servicer, and XXXX XXXX as said Lender to examine and respond to all complaints, under the Fair Foreclosure Act, and any other acts including Municipal, Federal and state laws of New Jersey, Florida and New York. Whilst this complaint is under investigation and the time given to respond ; you are requested to post a moratorium of foreclosure and delay any activity with any sheriff sale until further notice. ( Currently set forXX/XX/XXXX ) As previously noted in past communications any such delay, failure or other attempt to ignore these complaints shall accelerate any actions prepared. Additionally, The CFPB and other Agencies have duly been notified. A copy of this communication has been submitted into evidence with these said agencies. This Complaint also is Against XXXX XXXX XXXX and its Activities on your behalf. We would like to let [ ocwen ] you know we have already filed Complaints against your counsel with the New Jersey Bar. Once all legal proceedings and foreclosure activities are terminated, an Investigation will be conducted independently by the New Jersey bar Association. As such, any replies via XXXX will be deemed tainted and a conflict of interest. COMPLAINT One ( 1 ) : XXXX Forced Place Insurance. We would like a full investigation, and either a Reduction of costs with regards to forced placed Insurance. In addition to, the consistently increasing cost of insurance that does not cover or replace anything with the property in question. You were requested for an amount that is said to be distributed to XXXX However you have failed to properly disclose if the funds were properly transferred and used for Insurance purposes. We have previously requested help from the insurance company and were denied. However, when we approached an independent insurance agency they said you had received a distribution? - However this was not distributed to the homeowner ; why, and to whom? Furthermore due to the continuing escalation of the problems faced after Hurricane XXXX the Roof and Guttering and areas around the house, including the Garage have completely collapsed. The Roofing Shingles have completely been blown away / stripped off the roof, 90 % occurred from Hurricane XXXX yet even though we felt the full force, you claim that we were not in an area that was affected. This has caused continuous leaks in various parts of the house. Including the collapse of the hallway ceiling, in which we have already fixed and replaced ourselves. You have put us in a position where we can not obtain 3rd party insurance because of the problems that already exist which your insurance company does not want to fix. As such we have given up discussing anything with the Insurance Company over the last 5 years, as they are useless and uncaring. InXX/XX/XXXX a summer storm destroyed a Kitchen Skylight, which leaked and fell into the home, as homeowner I hired a private contractor and filled the gap left by the collapsing skylight, the leak created cracks in the Ceiling and still have yet to be repaired. The Insurance Company said they were not prepared to pay for the issue, because the Fix had already taken place. Under the circumstances it was either that or have a giant hole allowing the elements to run wild inside the house. Yet for some reason a 3rd party insurance system claimed the funds were distributed anyway ( see other complaint ) So the question is why should you have the ability to claim the Insurance charges if they do not provide a service to repair any issues at hand? You have previously chosen a sister company that fails to provide any service and yet charge up to 3 times as much? - Possible Criminal Activity. As you have not provided any repairs to the house, resulting in the value to be sharply affected, you [ Ocwen ] and XXXX / XXXX XXXX XXXX XXXX have failed to provide any service or return. Thus we would either request for you to fully repair items that are wrong to be fixed and replaced, thus putting the home into livable and economic prosperity. As you [ Ocwen ] are claiming that we owe the costs of insurance [ XXXX et all ], and if we come to an agreement to modify the mortgage, then in your minds eye we have been [ already ] charged for the service in question. Furthermore the homeowner never received any payout from the class action lawsuit filed against Ocwen, XXXX et al ; Case No. XXXX Thus in all aspects you still owe 12.5 % of all funds being requested. However If you fail to repair, replace and finally get someone to fix those issues then we request 100 % of those funds and charges to be removed. We should not be liable for payment and accept the charges for nothing being done. One has to receive a product or service. Thus you and your insurance company are proceeding to partake in theft, you have received money ( via escrow ) to pay XXXX and others, for them to do nothing when required COMPLAINT TWO ( 2 ) : Intentionally Delayed Court Actions. During the 7 year battle within the New Jersey court system at least 3 of those years were beyond the control of the homeowner. Ocwens legal agent and Representative XXXX XXXX XXXX intentionally sat on their hands for over three years. They continued to do nothing. There was such a delay even the court responded with the threat and action of dismissing the case. During the period of legal recourse it is the responsibility of the Plaintiff [ which you claim to have been ] ; that indeed the plaintiff had no activity and the court sent many warnings over this time. Failing to respond, the court dismissed the case Due to Lack of prosecution not once byt twice twice. XXXX XXXX XXXX then had to file motions and send representatives to court on multiple occasions increasing legal fees, unnecessarily a burden upon the homeowner. The defendant lost time from work, overtime and caused undue stress. If you would have acted properly and on time, we would have never had to go through such action. This was not the only occurrence it happened twice. With one being completely dismissed, resulting in a request to reinstatement. Please tell us why we should pay for any of the legal costs, if you or your legal team were not even prepared to take action throughout all these years? We had to spend our time, effort, money and health waiting for you to just answer simple questions and take appropriate actions. COMPLAINT THREE ( 3 ) : QUESTIONABLE OCWEN EMPLOYEE ACTIVITY We further wish to complain that you are allowing and accepting your employees to freely give insider information and help foreclosure attorneys. Such as the Use of an Employee called XXXX XXXX XXXX She had worked at your Florida Office then Moved to the Offices of XXXX XXXX. We have transcripts from a conversation between ourselves anXXXX XXXX holder admitting she worked for them. What makes matters worse is that she was involved with our own account. We believe this is a conflict of interest. As such you are now fully aware of this happening, You had freely supplied her name and information during the discovery process, and we have enough evidence to move a complaint in criminal court. However we could come up with an amicable solution. If you work with us on a modification that 's workable and sustainable, under terms agreed by both sides, by virtue of examining any counter offer. You are claiming that we owe a total of XXXX Thousand dollars as of this date, for a property valued at just over XXXX Thousand* in good condition. The Market for this house in this area is between 98 and 110 Thousand in current condition, and lets be realistic here, no one with any right mind, investor or not, will be willing to spend the XXXX Thousand minimum you are asking at Auction and spend another XXXX Thousand fixing it. If you fail to agree to at least examine any counter offer from US then we reserve the right to continue legal action against Ocwen and XXXX for the foreseeable future either through Criminal, Bankruptcy ( Federal Court ) / and the filing of a separate civil case of Wrongful Foreclosure. This could take years and an additional half a million in costs. This would be a grand total of about 1 Million in losses. As a stock holder I would love to see how fellow stock holders would view this. I would be willing to write and publish an open letter to all stock holders claiming you would rather spend XXXX Million Dollars fighting for a XXXX thousand property. NOTE : This would be public knowledge and of public record. This occurrence will be a negative reflection on the title, thus any purchaser considering obtaining a title search shall see such activity and will fail to even agree to any sale above $ 100k. Thus it would be better for you to agree to fixing the issues and reducing the amount owed. Cleaning up the problem and apologizing for allowing your staff and legal representation to corrupt the course of justice, especially after you rehired XXXX XXXX a few years later. COMPLAINT FOUR ( 4 ) Improper Actions with XXXX XXXX XXXX The Forced and Faked Modification If you check your records, that 's if you have been keeping them up to date, you should be in receipt of a Cease and Desist order from us, as you had filed one against us prior. This swap of C & Ds are all concerning a set of emails from one of your representatives communicating with XXXX XXXX XXXX along with being ccd to myself and my daughter XXXX. We responded by asking what modification? ; as we had not signed any declaration, nor attempted to signal any intention to modify at that time, As we were still in litigation. It also said that you had received payment for the first deposit, yet we had no idea of the existence of such modification and clearly did not set up any type of modification payment plan during this period of time. We would like a proper investigation, and explanation of why you and XXXX/Ocwen tried to commit a criminal action, forgery, deposit and got caught doing so. We would like you to find out why your Legal team is clearly faking information for the benefit of your company. We hold the evidence and we have the emails, so you should either work out a favorable solution or if you take further foreclosure action we will start a criminal case against you. If we are not satisfied by the outcome of this Complaint will be proceed to file Criminal Court complaints, if you do not properly investigate the contents of this communication. The statute of limitations starts when you proceed with this foreclosure. On an Additional note ; We have already been given the go ahead by the New Jersey Civil Court System that this is a criminal action and would have to file it within the criminal justice system. So we Request you take this complaint Seriously. Our question to you is do you want us to conduct such activities On XX/XX/XXXX Followed by a wrongful foreclosure civil case and a Federal Bankruptcy case do go along side it. We have the Case Information Statements and fees on standby. Its your call We also know the Names, Dates, Times and places so Discovery wont be too burdensome on your behalf. COMPLAINT FIVE ( 5 ) NON-RESPONSE From Lender XXXX to QWR of NOI The New Jersey Courts requested a proper Second updated Legal notice of Intent to foreclose. The Lender as stated on the Notice of Intent [ NOI } was Contacted via a QWR ( Qualified Written Request ) within the permitted dates allowed by law, as of this date there has been zero contact from the Lender in due course. As a part of this complaint filed under all statutes of the Fair Foreclosure Act and the Fair Debt Collection Practice Act, Both at Federal and all statute laws of New Jersey ( Homeowner ), Florida ( Ocwen ) and New York ( XXXX ) ; we once again issue this complaint as an additional QWR written request for a full and valid reply from XXXX XXXX XXXX, titled as lender, on the qualified Intent to Foreclose or XXXX XXXX XXXX XXXX XXXX XXXX We ( as consumer and customer ) - have the right to demand that we have direct communication with the Lender, especially if we have problems and issues with the Servicer [ Ocwen ], so please provide within 14 days the Name and Contact address, Telephone Number, Fax Number and Email Address of the Bank. If you can not provide a qualified response as per the Notice of Intent to Foreclose and admit the information you published is wrong, please let the court and the Sheriff of XXXX County know you either made a mistake in completing the Notice Of Intent and that you admit that we [ Homeowner ] were disenfranchised. That 's the most honorable thing you can do right now. We could then Go back into court assisted Mediation and sort out this problem. If you can not obtain the requested information of the XXXX as the Lender, please consider this complaint a part of the legal requirement for you to provide the following information : 1 ) The Physical Address details of the Contact within XXXX. 2 ) Account number of our Account at XXXX XXXX, 3 ) Location of the account and which officer looks after the account. 4 ) Who our contact is at XXXX XXXX Name, Department and Location 5 ) What is the XXXX Agents Contact details, Telephone, Fax and Email With these Details we should solve the situation rapidly. Instead of heading back to court for Wrongful foreclosure, which we promise we will file in any attempt to proceed with the continuing foreclosure. * The Notice of Intent to foreclose gives the homeowner the right to communicate and resolve any issue, thus we have an issue with Ocwen, its legal Representation and the Bank itself. You are already in receipt of the original letter sent to all parties, if you ignored or lost that letter we recommend investigating your attorney as they received a copy as well. We actively communicated with the Lender via the information provided and no response was forthcoming. We reached out to you to provide a go between to the Lender and for them to communicate with us in due course, as a courtesy we would gladly give you an additional 31 days to communicate with XXXX XXXX to obtain a certified letter/ response. We request a certified response from XXXX XXXX within 45 Days from Receipt of this certified communication. ( XX/XX/XXXX ). Everyone knows how Loan Securities work now, its no secret and the Bank is n't at a loss in CASH, So as trustee XXXX also has the ability to decided and tell you [ Ocwen ] what you can do, as they hold the power to adjust the rates, costs, prices and values. They also have the ability to forgive any past debts especially in actions like this. We are not looking for a free house we are looking for a mortgage that is true to the real value, not the exuberant and vastly increased total of nearly Half a Million US Dollars. caused by your negligence and activity, which started by not accepting a single late payment of less than {$200.00} COMPLAINT SIX ( 6 ) Miscellaneous and Erroneous fees, Service Fees and Interest It has come to our attention that you are charging fees on a regular and ad hoc basis, where as you are charging for services such-as maintenance. Yet the house is occupied and in use, so there is no way you or a 3rd party can be actively doing maintenance on the property, as there has been a person located at the property for the last 28 years and no outside entity has conducted such maintenance to occur. In particular in the recent invoice a {$510.00} Dollar Charge consisting of XXXX Maintenance charge, there has been no activity that permits such charges. We would like for you to examine and provide proof that shows every single debit charge that has a 3rd Party attached on the account and that those charges have truly been completed, transferred and actually obtained for the reason of the charges between the dates of inception of this Mortgage. If you can not provide the Evidence that all 3rd Party / Extended charges have been completed as required, then We claim that some of those charges are misleading and abusive in nature. COMPLAINT Seven ( 7 ) XXXX Foreclosure Moratorium During the course of the court action XXXX XXXX promised to conduct a moratorium of all foreclosures that the bank had interest in. This was published in the Filling of their SEC Report in XX/XX/XXXX. More Information can be found in the many pages online at the following URL : Search : XXXX XXXX XXXX XXXX XXXX XXXX The Issue is during this time you continued to proceed with the foreclosure and legal activity. Thus we would like to know if XXXX XXXX had any interest in our Home and the case at bar, and why you did not proceed with following their wishes which were made public? Did Ocwen look the other way about this situation? Did your attorney not follow XXXX wishes? If you claim that the moratorium did not qualify for our loan you then clearly admit that XXXX has no Interest in this mortgage ; thus Not the Lender? Is this what you are saying? Thus you are conducting a wrongful Foreclosure. Complaint Eight ( 8 ) Abusive Photographers and Trespassing There have been a few close calls with our family and the photographers you use to take monthly images and examinations. one occurrence 2 years ago, my Grandson was playing outside under the trees when we noticed someone stopped out front taking pictures, as you may be aware it is illegal to take photos of minors without permission anywhere, you have to obtain parental consent which we do not. On approach he gets into his car ( silver ) and then approaches the driveway ( Trespassing Occurred at this point ), he became agitated and abusive, swearing for us to get out of the way, and that he was acting for OCWEN. I went inside to get my daughters phone to attempt to video him, he said Oh what you going to put that up on XXXX XXXX are you? and drove off at speed. The other time my daughter had approached the vehicle that was parked in our driveway blocking her exit, and we said we do not give you permission to enter the grounds and that they were trespassing, and once again the communication was profoundly expletive. As such we decided to put up cameras this year to make sure if it happens again and we catch them, we will call the authorities. We consider this harassment, and also attempting to photograph minors without consent is criminal, which you are paying for. In a separate incident more recently at least 2 members of the public have attempted to examine the house driving up the driveway and attempting to look around. Please note if further activities continue, we will consider you accepting these occurrences as acceptable ; thus by virtue allowing and supporting further harassment. CLOSING Comments Whilst this complaint is under investigation and the time given to respond you are requested to post a moratorium of this foreclosure sale. We request you to delay activity with any sheriff sale until further notice. If you do not delay the current foreclosure sale and n otify the homeowner byXX/XX/XXXX, we will prepare to file legal paperwork for Wrongful Foreclosure and we will also file Criminal Charges with the local and state Police Departments ( Fraud Division ). Failure to respond to all complaints set here in, or ignoring this communication in full or in part and Failure to respond to all requirements as protected under all such applicable laws including contractual law shall be a breach of contract. Dates : [ ] You [ Ocwen ] hereby agree to forfeit all claims and contracts If no Action and Reply is forthcoming Certified by USPS ByXX/XX/XXXXthis will automatically be enacted on XX/XX/XXXX. [ ] This communication / Complaint is being mailed on XX/XX/XXXX - Overnight. [ ] Ocwen ( You ) shall receive it on the Afternoon of XX/XX/XXXX [ ] You have up to XX/XX/XXXX to stop any foreclosure activity If you require additional time to conduct your investigation You may be granted additional time for both internal and external investigations only on receipt of a USPS Certified Letter of your activity postmarked Prior to XXXXXX/XX/XXXX. [ ] If no action is taken by Ocwen and/or XXXX By XX/XX/XXXX, The Homeowner Rescinds the mortgage and claim you have purposely removed yourselves from the contract, you will have no right to continue a foreclosure proceeding beyond this date. [ ] If you agree to investigate and delay the Foreclosure sale you have up toXX/XX/XXXX for Ocwen to Fully Respond to these Complaints in writing. Please note phone calls or emails are not permitted. Only USPS Certified mail will be accepted. [ ] If you need Further time you must also contact the Homeowner ( SEVEN ) 7 Days before the Date of any future foreclosure sale, you have the ability to change the date as many times as you so wish to provide the best possible information and proper investigation. [ ] Once you have conducted a thorough investigation and the homeowner has received communication from XXXX we will consider this an acceptable outcome. Once we have had the chance to speak to a representative at XXXX XXXX as the said Lender, then we can formally file the Complaint with the Lender and not the Servicer applicable by federal law, we shall then request to hold Mediation in XXXX New Jersey [ ] We Also Require by XX/XX/XXXX - that you have sent a copy of this complaint to XXXX XXXX and show proof by CCing the Communication to the Homeowner of what you Send { OCWEN }. And wait for a Full reply from XXXX XXXX, if you receive a reply that you shall send the Unedited copy stamped when you received this communication from XXXX to the Homeowner Continued .. NOTES and other comments. Note : This Communication has also been sent via USPS Certified mailing to the original sender, sealed and secured as Evidence in any further dispute. Note : We are willing to go to the press and media, we have already been contacted by a few who are interested and wish to run a story. However we have held off until you attempt to foreclose without fixing all issues at hand. Note : You are publicizing that you are conducting a Summer of Help and Hope, please show us that you mean it by acting in good faith and do as your slogan says Helping Homeowners is what you do. Note : Furthermore Oc wen announced it would sell its mortgage servicing rights to XXXX XXXX XXXX XXXX, a wholly owned subsidiary of XXXX. The sale, which includes {$110.00} billion in unpaid principal balance, we would like clarification with a ) did you [ ocwen ] as a part of that sale included any of the interest in this loan and b ) if you did include the sale of rights to this loan, then when did this occur? To continue to act as the servicer you must provide details that this account is still under the contract with Ocwen Loan Servicing and not another party. ATTACHED DOCUMENT : THE ORIGIONAL mailing of complaints activeCompany Response:
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-07-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A