Date Received: 2017-06-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Mortgage Lender Ocwen Home Servicing LLC has made unreasonable demands and repeatedly provided false and conflicting inconsistent information with unreasonable difficulties. I am very dedicated determined and consistent in submitting my documents ( close to 100 pages of documentation ). My modification process started by submitting the Ocwen requested documents dated XX/XX/XXXX- * XX/XX/XXXX all requested documents have been emailed to XXXX which included : -The most recent bank statements from XX/XX/XXXX for XXXX and XXXX XXXX -Social security award letters for XXXX and XXXX XXXX -Two Forms XXXX for XXXX and XXXX XXXX -XXXX form XXXX XXXX XXXX and XXXX XXXX -Section7 -Explanation letter regarding the XXXX XXXX income. * XX/XX/XXXX, called Ocwen XXXX XXXX and talked with representative # XXXX, representative confirmed satisfactory receipt of ALL the needed documents submitted via email additionally I was informed there was no " update '' available. * XX/XX/XXXX Representative # XXXX was not able to inform me if there is any additional info required and said no " update '' available. * XX/XX/XXXX Ocwen called - Representative # XXXX ( relationship manager ) - Still no information or underwriter " update '' or further requirements. Advised to check in on XX/XX/XXXX ( which I did ). *XX/XX/XXXX talked with XXXX XXXX. Update available. Mentioned 2 bank statements missing. The most recent bank statement requested with proof of SS income. One statement ( which was available was submitted immediately, the second statement was not unavailable until XX/XX/XXXX - which was submitted as soon as available- along with " NEW '' supporting documents mentioned by Ocwen on XX/XX/XXXX - even though apparently Ocwen had a deadline of XX/XX/XXXX *XX/XX/XXXX talked to XXXX who requested Award Letter of Retirement benefits from XXXX. Nobody before has requested that EVER PRIOR to that day with many opportunities and conversations. He also said that its too late to submit those documents as the deadline was on XXXXXX/XX/XXXX ( although no one has notified me even though I checked in by phone every few of days ). Today XXXX mentioned this update WAS available XX/XX/XXXX NO ONE HAS IN ANY WAY INFORMED ME of the need of Retirement Benefits prior to XX/XX/XXXX even though I checked in via phone and email consistently I also have all the notations with dates and times corresponding to this matter. XXXX said " It was a mistake on their part - that someone made an oversight BUT modification is not an option because its " too late '' ( I still submitted it to Ocwen as soon as I knew on same day XX/XX/XXXX ). *XX/XX/XXXX XXXX XXXX representative # XXXX informed that the sale of my home is pending for XX/XX/XXXX XXXX XXXX representative # XXXX mentioned XXXXne more missing document ( unbeknownst to me ) XXXX. Form was submitted immediately. XXXX XXXX representative # XXXX conversation lasted 1:12 hours, missing bank statements and form XXXX ( even though these were submitted ). She mentioned to call back and ask for a supervisor and ask the supervisor for hold on the sale of the home. XXXX XXXX representative # XXXX, I asked for a supervisor- supervisor number # XXXX took the call, I asked him to put the case ( sale ) on hold while its in the underwriting department. He still refused and insisted that there were missing documents ( even though all were submitted and must be in the system ).
Every time I was in contact with Ocwen different person was on the phone with a very different set of always conflicting information. No one is able to explain that while the 14 days lapsed why no one from Ocwen mentioned the additional documents in a timely matter. Ocwen states they update their cases every 24- 48 hours. Which in my case that has never happened. All Ocwen Representatives were conflicting confusing they convoluted facts there was absolutely no clarity provided to allow me to properly submit the proper documentation in the timely matter, as they failed to disclose pertinent information. All the documents I found out Ocwen wanted were submitted immediately if available or as soon I had access.Company Response:
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2017-06-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have had a very difficult time with OCWEN. I have tried to submit for a loan modification a couple of times. I was never able to communicate to the same person which always caused confusion. Ocwen always seemed to lose my paperwork, which I constantly had to re-fax. I also had a very difficult time understanding the overseas representatives. I am now in a full modification review with all the documents Ocwen has requested submitteed. I was told by my assigned rep XXXX XXXX that the foreclosure would be placed on hold while I am in review. Today I have been notified th at Ocwen has a sale date of XXXX / XXXX / 17 on my home. My husband is XXXX years old and this is causing a great deal of XXXX and concearn. We feel like Ocwen h as lied to us and backdoored a foreclosure sale date.
Company Response:
State: CA
Zip: 92307
Submitted Via: Web
Date Sent: 2017-06-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: the loan was modified b y Ocwen loan servicing but i could not make payments on the Loan because they lost my mortgage modification papers twice after approving them .by the time they finally fixed my loan the loan was kicked off by their system.they closed the loan and said and put in my credit report that loan was charged off as a bad debt. they actually sold the loan to another company and I am actually paying on the loan .Ocwen loan servicing has committed an act of fraud against me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 328XX
Submitted Via: Web
Date Sent: 2017-06-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: The company refuses to cancel PMI on my mortgage after many requests. The current loan to value ratio is .69 %. The requirement for them to cancel PMI is .78 % and below. I spoke to someone at the company and was told that the company needed an apprasisal. I was specifically told that I can hire my own appraiser, which I did. After I sent the appraisal to Ocwen, they told me they would not accept it because I did n't use their authorized appraiser. As I mentioned, in a previous call to Ocwen, I was told by an Ocwen representative that I could hire my own appraiser. My appraiser is certified with the State of NJ. The appraisal dated XXXX XXXX, 2017 is attached. Appraised Value of House {$460000.00} Loan Amount {$320000.00} LTV .69 %
Company Response:
State: NJ
Zip: 077XX
Submitted Via: Web
Date Sent: 2017-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: A Notice of Intention to Foreclose was mailed on XX/XX/XXXX , however, a Complaint of Foreclosure was n't filed until XX/XX/XXXX which is a violation of the Fair Foreclosure Act as the Notice of Intent t o Foreclose is only valid for 180 days. However, I answered the complaint on XX/XX/XXXX . I was unaware dual tracking was taking place.I was working on a loan modification with GMAC, when my home was completely destroyed on XX/XX/XXXX by Superstorm XXXX . The insurance claim for the house was started immediately. On XX/XX/XXXX , I was notified that Ocwen Loan Servicing wo uld be taking over as the loan servicer on my loan. Since that time, I have spent countless hours dealing w ith numerous Ocwen customer service representatives, relationship managers, and multiple departments of Ocwen, trying to do a loan modification. Ocwen experienced computer programming errors which resulted in misidentifying the debt holder, deactivated my account to transfer to a new system, declared my home as vacant when it was actually demolished, poor response time, mail delays, and continuously showed their incompetence in other ways. Ocwen was well aware of my hardships and the desire to work out a loan modification in order to keep my family home of over 40 years. From losing my company, myself becoming XXXX , my wife being diagnosed with XXXX in XXXX and passing away in XX/XX/XXXX , and my home being destroyed during XXXX . I spoke with a representative fr om Ocwen at least 4-5 times a week for the past 5 years. Ocwen records all conversations so this should be documented. I would explain my situation, they would send me a modification package to fill o ut and submit to them. Another representative would tell me that I could n't submit the paperwork until I received a Certificate of Occupancy for th e rebuilt home. This became a very frustrating routine and went on until XX/XX/XXXX , when a representative told me that was n't the case and to submit the application. I submitted applications on XX/XX/XXXX XX/XX/XXXX , and XX/XX/XXXX . Each time there was " missing paperwork '', additional paperwork needed, need an appraisal, being assigned to an " expert '', a tactic used to delay and cause further hardship to me. On XX/XX/XXXX , I had received a call from a representative of Ocwen who would n't give me his name. The caller proceeded to yell at me, " How long are you going to keep dragging this out, why do n't you stop playing games ''. This was upsetting, abusive, and unprofessional. My application of XX/XX/XXXX was denied again on XX/XX/XXXX , I appealed the decision. The appeal was denied on XX/XX/XXXX , however, I found an error in the income calculations and was advised to resubmit income docu ments ( which I did ). Two departments within Ocwen failed to include additional income I reported. I am currently awaiting a new decision once they recalculate and include the additional income. I was led to believe that the sooner the home was completed, the sooner a loan modification could be worked out. The failure by Ocwen to expedite insurance payments during the rebuilding process prolonged the completion of my home. They lost documents which involved me having to fax documents multiple times to them. They issued checks to the wrong party, I had to return the checks and wait for a new one. Ocwen has shown to be careless and disorganized. As a result of all this, I missed out on programs that might have helped me, but ended in XXXX XXXX . I believe they deliberately failed to respond to my XXXX XXXX , XXXX application until XX/XX/XXXX , and then claimed an appraisal was needed in order to properly review the applica tion. Ocwen has done no thing to help me, in fact, they are doing just the opposite.
Company Response:
State: NJ
Zip: 08723
Submitted Via: Web
Date Sent: 2017-06-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: After 6 phone conversations and over 6 weeks of asking what was going on with my mortgage payments with XXXX XXXX I finally found out during a conversation that there seems to be an issue with payments made in XXXX and XX/XX/XXXX . The agents just kept telling me I was delinquent and refused to say anything else until I yelled at one that I had cashed checks in front of me.
At no time has XXXX XXXX notify me in writing of the shortage from XXXX and XX/XX/XXXX on my loan. According to California Law they are not allowed to go back on a chapter XXXX once it has been discharged. They continue to hold my current mortgage payments in escrow ( XX/XX/XXXX thru XX/XX/XXXX ) and notify me that I am delinquent. I had no way of knowing what this was about since all my mortgage payments were cashed by XXXX XXXX on a timely manner ( attached checks ) They choice to hold my money and not credit my account for up to 90 days.I have attached letter from XXXX showing how they credit my payment incorrectly after 90 days. The amount that is in question is {$1000.00} and XXXX XXXX has sent me a delinquent notice for over {$7800.00} see attached. According to agent # XXXX they sent me a letter in " XX/XX/XXXX '' notifying me that my mortgage payment would be increasing and he insist that this constitutes a notice of delinquency. I can not be notified of a delinquent or deficiency in XX/XX/XXXX on a payment due in XXXX and XX/XX/XXXX . At no time has XXXX XXXX notified me of a deficiency in writing. When I call their XXXX number their standard comment is it has to be sent to research and it will take 10 to 14 days. Not until I called research directly have I been able to get any information and then I find out they do n't even know when my bankruptcy was discharged. They have done nothing to address the issue, or to resolve the problem. They insist that I am 2 full payment behind in my mortgage account. Their practice is to take the current mortgage payment hostage. I have attached several of their delinquent notices, you can see that there is no reference to the XXXX and XXXX shortage. I have tried to reason with XXXX XXXX and all I get is a run around. I filed a chapter XXXX in XXXX which was discharged on XXXX XXXX XXXX with XXXX XXXX XXXX agreement to the discharge. Now I am 6 months later and they have turned my non-delinquent account over to all XXXX credit bureaus as delinquent. I have not been late or short on any payment since XXXX XXXX XXXX . I called XXXX XXXX /Ocwen to renegotiate my interest on my loan in XXXX XXXX with no success. During this discussion XXXX XXXX did not mention that I had a shortage on the XXXX and XXXX payments. They have ruined my credit that I have worked so hard to reestablish. This action is criminal and against regulations and XXXX XXXX should not be allowed to do such a thing. It should be noted that not once in writing or during a phone conversation has XXXX XXXX offered for me to pay the shortage created in XXXX and XX/XX/XXXX and clear up the mess they created. According the RESPA this is what they should have done. This is an act of discrimination as ; I am a female senior, and I have done nothing but tried to solve this problem. I have attached page 19 Shortages, Surpluses, and Deficiency Requirements 12 CFR 1024.17 ( f ) Please help me with this situation ASAPCompany Response:
State: CA
Zip: 92024
Submitted Via: Web
Date Sent: 2017-06-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: O n XXXX XXXX XXXX a QWR and NOE was faxed over to the lender and the have failed to respond before the sale date. The have not provided proof of debt owed. A NOE with an active sale date was faxed over on XX/XX/XXXX a nd they have failed to move the sale date to allow the homeowner to have proof of debt owed and make arrangements. The have failed to allow a modification review.
Company Response:
State: NY
Zip: 132XX
Submitted Via: Web
Date Sent: 2017-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Under BORROWER COVENANTS on page 3 and 4 of the Deed of Trust it states that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
I have been and I will continue to defend what I consider to be the false claim that Ocwen Loan Servicing LLC ( Ocwen ), is a lawful Beneficiary and that they have held or hold a copy of an original promissory note. Ocwen is attempting to non-judicially foreclosure again, after previous attempts and threats to non-judicially foreclose in XXXX and judicially foreclose against me in XXXX. The previous non-judicial foreclosure sale was cancelled and the trustee was replaced by the current alleged trustee, XXXX XXXX XXXX XXXX of WA ( XXXX ). Apparently, there have been issues with trying to foreclose non-judicially. 2 different law firms were assigned by Ocwen in XXXX, and threats were made that a judicial foreclosure was anticipated, and that I may request to inspect the wet ink note if a judicial foreclosure was initiated. A judicial foreclosure was never commenced and the law firm either withdrew or Ocwen changed their mind. Apparently, there were issues with trying to foreclose. There are several issues with Ocwen in relation to how they are behaving and handling their position as a servicer and debt collector. First, there are discrepancies in the accounting of what Ocwen has given since they took over the servicing. In a statement dated XXXX, the amount due is given as {$22000.00}. In a statement dated XXXX, the amount due jumps to {$65000.00}. This is clearly an example of improper calculation of loan balances. In the XXXX XXXX, XXXX CFPB suit against Ocwen, it is stated that Ocwen has serviced loans based on inaccurate and incomplete borrower loan information. From XXXX to XXXX, Ocwen inputted inaccurate and incomplete loan information into their servicing platform, XXXX. Ocwen has serviced thousands of loans based on incorrect information. The prior servicer data and records upon which it was relying were inaccurate or missing. This is a violation of Section 808 of the FDCPA, constituting unfair acts and practices, and violations of Sections 807 ( 2 ) and ( 10 ) of the FDCPA. In XXXX, I filed a complaint with the CFPB because Ocwen was not sending me monthly periodic statements, post-bankruptcy. Because of this complaint, Ocwen sent a statement, dated XXXX. I have not received any statements since. This is a violation of Regulation Z and RESPA. I have repeatedly requested from Ocwen and those that say they represent them, a complete history of the account loan data from the inception. That would include account loan data from all identified parties to the loan, which are XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX. Ocwen can not accept as true or accurate, only printouts of servicing entries from previous servicing systems. The account loan data should include copies of the general accounting ledger along with the servicing records with appropriate key codes for the current servicers records and system and each prior servicer and their records and systems. The account loan data will show a note as an asset of any real lender in question. Third party co-obligations such as lender paid mortgage insurance, guarantees, servicing advance agreements etc should be disclosed in the account loan data. In a letter to several federal agencies, dated XXXX XXXX, XXXX, Ocwen CEO and President, XXXX XXXX, admitted that Ocwen advances payments to investors. A complete history of the account loan data as requested has never been provided to me. Ocwen has admitted that it did not hold an original promissory note in a conversation with an Ocwen employee identified as XXXX, on XXXX. He told me that Ocwen only has a copy of the note. I asked him to send me information related to our conversation. A letter dated XXXX, stated that XXXX XXXX owns and holds the Note. On XXXX, I spoke with Ocwen employee, XXXX XXXX, who admitted to me that they have the note, but not the original note, which would be with XXXX XXXX. She said we wont hold the original note and that Ocwen would only have a copy. A copy of an original collateral file was sent to me by one of Ocwens attorney firms in XXXX. There was only mention of XXXX, but no mention of XXXX XXXX or XXXX XXXX XXXX in the file, and nothing identifying note tracking data. The hearsay beneficiary declarations produced for Ocwen are ambiguous and a rebuttable presumption. The declarations do not mention anything about holding an original note. Based on the admissions by Ocwen, that they only hold copies, the declarations are being used to rely on, through false assertions. An assignment of deed of trust was recorded in XXXX County on XXXX XXXX, XXXX, purporting to assign for value received, all beneficial interest of XXXX XXXX XXXX XXXX to XXXX XXXX XXXX XXXX, through XXXX XXXX acting as the beneficiary on behalf of XXXX XXXX. This is a false instrument, based on the fact XXXX XXXX has never had the capacity to be a beneficiary, because they never held and original note. XXXX XXXX, could never act as an agent in this capacity either, since the principal XXXX XXXX, filed bankruptcy in XXXX of XXXX and was not in existence in XXXX to direct XXXX XXXX to execute an assignment. The previous servicer, XXXX XXXX XXXX never offered any conclusive proof that it held an original note, and there is nothing in the collateral file indicating that it did. It had no capacity as a beneficiary to assign any beneficial interest to Ocwen. Based on the admissions and facts relating to the note and deed of trust, Ocwen is not a lawful beneficiary and had no power to appoint XXXX as a trustee and has no power to make attempts to foreclosure on the property. In addition, the statute of limitations has run its course, since XXXX XXXX XXXX claimed to accelerate any debt, in XXXX.Company Response:
State: WA
Zip: 98391
Submitted Via: Web
Date Sent: 2017-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX , I financed my house at XXXX XXXX XXXX XXXX , XXXX , Georgia with Ocwen M ortgage Co. The mortgage was interest only the first 10 years ( XXXX ). In XXXX , Ocwen continued to bill me monthly and I continued to pay. On XXXX XXXX , XXXX , Ocwen cre dited {$6100.00} to the principal balance to my account. In XXXX XXXX , Ocwen de manded a payment in the amount of {$5900.00} plus {$960.00}. Included in this payment were {$680.00} interest, a late fee/short charge of {$230.00}. In a letter dated XXXX XXXX , XXXX , Ocwen advised me that the payment of {$5700.00} was for undercharges and not applied toward the principal balance on my loan. According to Ocwen 's au dits the principal balance on the mortgage has increased each month : XXXX / XXXX / XXXX - {$110000.00} ; XXXX / XXXX / XXXX {$110000.00} ; XXXX / XXXX / XXXX - XXXX ; XXXX / XXXX / XXXX - {$110000.00} and XXXX / XXXX / XXXX - {$110000.00}, no money applied to principal after XXXX 's payment was made. In an attempt to prove their c ase, Ocwen se nt me a fraudulent Note dated XXXX XXXX , XXXX along with other docu ments Ocwen sent me. Enclosed Letters and payment statements received from Ocwen.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: on XX/XX/XXXX XXXX hit our home and did alot of damage as well as 5 we eks no power and out of work because of same for months because my work was out of home, Ocwen loan service was l ess than helpful and because of the XXXX went into hospital XX/XX/XXXX and by this time I was three m onths behind in mortgage wit h Ocwen and tried a loan modification twice and was told lost paper work as well as on and off calls back and forth with no help from lender service Company, Ocwen, at t his time it was XX/XX/XXXX and I recieved a letter from Ocwen that they are going to foreclose. This was when we were working on the second Mortgage Modification with them, I than called XXXX XXXX Office Esq in XXXX , NJ XXXX and he told me to file a chapter XXXX bankruptcy as well as than after that we would file a second Bankruptcy ( CHAP XXXX ) including a now Third modification submitted by way of the courts, The XXXX was filed on XXXX and approved and the chapter XXXX was filed on XX/XX/XXXX and once again the XXXX put me in the hospital, Than by way of the courts i filed but yet again a forth loan Modification with XXXX office billi ng me another {$2500.00} for same and Ocwen never answered the complaint, it was court ordered.THRU THE CHAPTER XXXX .Than after that i was hit by a XXXX XXXX and it put me in XXXX IN TH E HOSPITAL and I had to let the Chapter XXXX discharge because had no work, could not work and ended up on XXXX . Now I am in Superior court, XXXX XXXX XXXX N.J. fighting Ocwen ag ain to try to save my home with but yet another Mortgage Modification and now on permanent XXXX as well as a XXXX daughter who lives with me, the XXXX has been unbearable to say the least. Thank you for any help your Bureau may off er, The loan i was told has been billing me over what was in writting and over charging me on servic ing etc, Ocwen are a bunch o f crooks sorry to say.
Company Response:
State: NJ
Zip: 07753
Submitted Via: Web
Date Sent: 2017-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A