Date Received: 2017-06-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: in 2016 we paid over {$20000.00} in our escrow account for taxes and insurance. Ocwen Bank misappropriated these funds and gave us a {$6000.00} refund. However the taxes and insurance for that year came to {$4500.00}. Thi8s leaves {$9500.00} unaccounted for. I have tried to clear this up with them via telephone and they seem to not know what happened to the {$9500.00}. I have all the paperwork that supports my accusation of misappropriated funds. The {$9500.00} was not applied to our principal it just disappeared. Please help me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 764XX
Submitted Via: Web
Date Sent: 2017-06-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-05
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Ocwen Loan Servicing LLC After falling behind on my mortgage payments, I requested a modification of my loan. After 2 attempts, I was approved for a modification. The company asked for three months of trial payments before approving the modification. I requested 3 times to see the terms, in writing, of this proposed modification but was told that this information is not available. My lastest conversation was with a " relationship manager '' today XXXX XXXX , 2017 . I was told that I could not speak to anyone in Underwriting, could not receive the terms of my proposed modification and that the relationship managers did not have access to any of this information.
Company Response:
State: TX
Zip: 77083
Submitted Via: Web
Date Sent: 2017-06-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-04
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I XXXX XXXX file a CFPB complaint as I believe th at Ocwen Federal Servicing is re-aging my old mortgage account to maintain a negative item on my credit reports longer than necessary. My XXXX credit report shown my firs t 30-day l ate payment for XX/XX/XXXX . That would mean that based upon the Fair Credit Reporting Act guidelines on obsolete information reporting, my Ocwen account would come off XX/XX/XXXX . Ocwen also cut off over six-years of payment history, which I believe I had late payments during that timeline. In essence, I believe that 7-year rule would already apply and that the Ocwen account should already be removed. Accordingly, I will be satisfied with a XX/XX/XXXX removal date. The XXXX credit report has cut off the same six-years of payment history, and shows a beginning date of XX/XX/XXXX The XXXX credit report showing XX/XX/XXXX is acceptable, and I need verification from Ocwen Loan Servicing that the account information will be remove XX/XX/XXXX .
Company Response:
State: PA
Zip: 19050
Submitted Via: Web
Date Sent: 2017-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-04
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: Complaint # XXXX - I have not received any documents from my request of XXXX XXXX , 2017 this is an QWR and Debt Validation request sent to : OCWEN Loan Servicing, LLc and XXXX XXXX XXXX . No answers just copies of a appraisal and copy of the canceled Note? This is not the answers asked under the QWR and debt validation letter sent to both companies. This has been ove r one mon th now. Complaint # XXXX - No answer yet to my question. This has been over 1 month now.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Fall of 2016 I began to fall behind on my mortgage payments due to extreme marital and financial issues. My second month of falling behind I explained to my mortgage company ( OCWEN ) my difficulties ; they assured me they would help. After 90 days of missed payments, I was no longer allowed to make any partial payments. I was already in the midst of applying for a modification through OCWEN. I complied with their deadlines and all request for documentation. 6 months afterwards I receive a modification answer. Their offer to fix my difficulties was to increase my APR ; increasing my monthly mortgage payments by approximately 100.00 a month or repay my XXXX debt in 6 months. Neither option was acceptable or reasonable. OCWENs inability to process my modification request in a timely manner excluded me from programs that would allow me to simply put my debt on the rear of my term ; which I originally requested. 7 years of owning my home, I have never defaulted on my loan until now. Now I must come up with my monthly mortgage plus my past due debt in order to not go into foreclosure. This is extremely troubling. I need help because I do n't know what to do. I am also battling an issue with OCWEN refusing to remove homeowners insurance premiums from my agreement ; I never wanted it, Ive always had homeowner insurance through XXXX, I have even had to have XXXX representative 3way a telephone conference with OCWEN where XXXX informed them that they have no legal way to make me go with their homeowners insurance as OCWEN was stating. OCWEN was supposed to have corrected this issue and refund me the difference and never have.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DE
Zip: 19701
Submitted Via: Web
Date Sent: 2017-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-02
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/XXXX , a letter of dispute was sent to Ocwen 's research department stating that loan payments on the loan had been {$480.00} instead of {$450.00} as per the original loan agreement. This was an overcharge of {$27.00} each month for 135 months amounting to {$3600.00} as of that date. Another letter of dispute dated XX/XX/XXXX was sent to Ocwen stating that no payment was due on XX/XX/XXXX , since the amount they said was due, {$600.00}, and the overcharges were considerably more than that amount. Because Ocwen did not furnish any explanation for this discrepancy, no more payments were made on the account.
As of XX/XX/XXXX , the overcharges and interest on the overcharges amounted to {$6400.00}. At that time, Ocwen turned the account over to their attorneys for foreclosure proceedings, even though the missed payments amounted to less than the overcharges and interest on the overcharges. Ocwen was notified by certified mail of this fact, but Ocwen ignored that letter, and proceeded with the foreclosure. When Ocwen initiated the foreclosure proceedings, and proceeded to foreclose on the loan, an attorney was retained by us, and we were advised that fighting the foreclosure would be expensive, and we were advised us to file bankruptcy, which we did. Ocwen foreclosed and the property was finally sold at a sheriff 's sale on XX/XX/XXXX We do not believe this is fair, legal, or acceptable by us. We lost our home, and certainly do not agree that Ocwen 's action was justified and is certainly not acceptable to us.Company Response:
State: IN
Zip: 479XX
Submitted Via: Web
Date Sent: 2017-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-02
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This complaint is for Ocwen Loan Servicing. Ocwen forwarded our previous CFPB complaint # XXXX to attorney, XXXX XXXX from XXXX XXXX XXXX . The attorneys response raised additional questions. 1st, did Ocwen provide any documentation to attorney, XXXX XXXX such as the borrowers current payment history, current credit history and current credit reporting from Ocwens website prior to his response dated XX/XX/XXXX ? YES or NO! 2nd, did Ocwen participate in writing the response letter dated XX/XX/XXXX with attorney XXXX XXXX in any way? YES or NO! 3rd, does Ocwen support or condone attorney XXXX XXXX response dated XX/XX/XXXX when he provided false or an invalid statement to us along with the CFPB? YES or NO! Failure to answer our questions will result in additional complaints filed against Ocwen! NOTE : due to attorney XXXX XXXX response, we filed this dispute that is attached below! Please read this dispute and the requests that are located on the bottom of the dispute letter!
DISPUTE CFPB COMPLAINT # XXXX On XX/XX/XXXX , I received a letter from Ocwen Loan Servicing stating the Office of the Ombudsman would like to thank you for your recent inquiry regarding the above reference loan. I also received a letter from attorney, XXXX XXXX from XXXX XXXX XXXX XXXX XXXX which is representing Ocwen Loan Servicing. Ocwen forwarded this CFPB complaint to their attorney to address this issue. This attorney stated in section 1 ; Borrower alleges that Ocwen has failed to properly report payments received regarding borrowers mortgage for XX/XX/XXXX and XXXX XXXX . Please review the documents that were provided in our initial complaint. You can see that Ocwen did in fact receive our monthly mortgage paymen t ( s ) in advance but failed to update their whole system and report to all the credit bureaus. In section 2 , the attorney stated ; In brief, borrower claims that Ocwen failed to report borrowers XXXX XXXX and XXXX XXXX payments. According to the complaint, borrower reviewed his credit report on the XXXX website and noted that these months had a D, meaning that no payment history had been reported for those months. Borrower alleges that Ocwens system contains the same error. There is no record indicating a dispute letter was ever sent to XXXX or Ocwen regarding this reporting. Indeed, borrower states in the complaint that he did not send a dispute letter because he believed he should not have to do so. Thus, the only allegation is that Ocwens reporting is inaccurate. As such, borrowers complaint is premature. Now ; the facts are ; Ocwen failed to report to the credit bureaus. Ocwen failed to update all their records when we made our mortgage payments in advance. Ocwen failed to update their records to reflect accurate information which is considered, bad business practices, misconduct. Ocwen took short cuts by not updating their system daily! Ocwen provided inaccurate or incomplete information into its real servicing system. Not only should Ocwen have updated their payment history, payments received from borrower, but Ocwen should have updated their credit history section along with the credit reporting sections within Ocwen Loan Servicing! T he credit history is a section within Ocwens Real Servicing System w hich reflects what has occurred with Ocwen and the borrower. Ocwen and its attorney will argue this fact but as you can see on the credit history sheet from Ocwen, this form reflects additional comments such as D no payment history available this month! Per the XXXX credit report that was printed, the credit bureaus do NOT use a D no payment history available this month in the credit bureau details section! This credit history is used for information and is not used for credit reporting as the credit reporting form is used to notify all credit bureaus of the status, current balance and date reported to the credit bureaus! Ocwen believes that their policies and procedures exceed federal laws, state laws and consumer rights! The attorney stated that the borrower reviewed his credit report on XXXX website and noted that these months had a D, meaning no payment history. Per my initial complaint I stated ; Then, I went onto XXXX website and found that Ocwen failed to report for XXXX XXXX , XXXX , XXXX and XXXX XXXX which reflects as data unavailable. The attorneys statement was incorrect, false or invalid! This attorney is un-ethical and un-professional as he stated incorrect information! As I stated in my initial complaint, I did not send a dispute letter to Ocwen or any of the credit bureaus, disputing the current credit reporting inaccuracies. In the past, I have filed disputes with Ocwen and the credit bureaus due to Ocwen Loan Servicing credit reporting issues! NOTE : we have documentation in writing which was sent by certified mail that we did in fact dispute Ocwens past, credit reporting issues. The CFPB can view additional complaints filed in the past which have documentation attached to these complaints. The attorney for Ocwen stated ; Borrower states in the complaint that he did not send a dispute letter because he did believe he should not half to do so. Per my initial complaint I stated on the second page ; note ; we have not disputed these inaccuracies with the credit bureaus for multiple reasons . 1st, Ocwens w ebsite reflects inaccurate information that must be corrected by Ocwen only. The credit bureaus will not address Ocwens website inaccuracies! 2nd, Ocwen failed to report to the credit bureaus and we should not be required to dispute these inaccuracies with the credit bureaus due to Ocwen constantly reporting inaccurately or not reporting at all! 3rd, federal and state agencies must be informed of mortgage companies bad business practices. As you can see, this attorney response was nothing like my complaint which this attorney provided a false statement which maybe consider unethical! The attorney further stated, as such, borrowers complaint is premature. The legal definition of premature is ; ahead of time, mistimed, overhasty, rash, untimely! The facts are, Ocwen had months in order to update their system completely to reflect accurate information! Ocwen had months to report our XX/XX/XXXX mortgage payment to the credit bureaus! This means that Ocwen had ample time to report accurately and update their system which is not premature as the attorney stated! The attorney for Ocwen further stated ; credit reporting is governed by the FCRA, 15 USC 1 681. Under the FCRA, a furnisher of information to credit reporting agencies has a duty to investigate and correct any information upon notice of a dispute by a consumer to a credit reporting agency or upon receipt of a direct dispute from the consumer that complies with statutory and regulatory requirements. Now, as I explained previously, in the past, Ocwen has continuously failed to update their records, failed to report or report accurately on our mortgage account. We are exercising our rights to file complaints against Ocwen through the CFPB or any other agency so Ocwen can address the concerns, correct the issue in the allotted time allowed and allow federal and state agencies investigate the complaints for any and all violations! Ocwens attorney further stated ; further, the CFPB complaint does not satisfy the regulatory requirements to qualify as a direct dispute. I disagree with this statement from the attorney. The facts remain ; per the CFPB, the CFPB has sued Ocwen Loan Servicing o n multiple occasions. Recently, in XXXX , the CFPB filed suit against Ocwen over accusations of widespread misconduct on how it serviced borrowers loans! Ocwen has failed to properly credit payments to borrowers accounts! Pe r 12 CFR 1022.42, al l furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency! Ocwens policies and procedures interfere with Ocwen updating their system correctly, prior to reporting to the credit bureaus! Ocwens attorney further stated ; setting aside the failure to comply with applicable federal law, borrower acknowledges that he is aware of Ocwens policy regarding reporting during a complaint or investigation. However, borrower states that he believes enough time has passed to complete an investigation. Per my initial complaint on the second page it states ; Ocwen Loan servicing had enough time to update their system to reflect accurate information and all the credit bureaus to reflect, current or paid as agreed! If anyone looks at the dates that are disputed along with the date that this complaint was filed, you can clearly see that months did in fact pass which Ocwen did in fact have ample time to correct these issues mentioned above without getting the CFPB involved! The attorney further stated ; while this claim is itself subject to dispute, borrower fails to inform the CFPB of the more critical fact that he has engaged in a series of complaints during the appropriate time period. Per my initial complaint ; I stated ; it appears that we have not filed a complaint with the CFPB against Ocwen for a couple months. Per our records, the last complaint filed with the CFPB against Ocwen was in XXXX XXXX . Ocwens attorney responded to another CFPB complaint on XXXX XXXX XXXX , complaint # XXXX and XXXX . It is now XXXX XXXX , approximately three month later and Ocwen is still failing to perform their duties as a mortgage servicer! Ocwen Loan Servicing c ontinues to violate consumer/ borrower rights! NOTE : Ocwen Loan Servicing is obligated and required to properly credit mortgage payments and provide accurate information at all times! We request that Ocwen changes its policies and procedures to input accurate information into their system on a daily basis, not just in the payment history as Ocwen does but also in Ocwens credit history and credit reporting sections! Ocwen has continued their bad business practices, un-fair business practices and misconduct on how it services borrowers loans. Ocwen must cease and desist all bad business practices and misconduct. Since Ocwen hired an attorney that provided a false or invalid statement ( s ), Ocwen m ust be held liable for their attorneys statement! If Ocwen fails to update borrowers loan information on a regular basis and continues to use attorneys that provide inaccurate information, we exercise our right to provide documentation to media sources so other consumers and investors will know Ocwens bad business practices which they may consider using another company rather than Ocwen in the future! We also exercise our rights to file additional complaints if Ocwen fails to comply with our requests or violates federal and state laws! Due to Ocwens action past and present, Ocwen caused these complaints to be filed. We will not cease and desist until Ocwen manages our mortgage loan correctly as required and provide all information that we requested through the CFPB in the past!Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NV
Zip: 89156
Submitted Via: Web
Date Sent: 2017-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-02
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: The lender has failed to respond to our QWR and Notice of error request and are proceeding to sale set for XXXX / XXXX / 17 - the lender is in violation of r egulation X-12 USC 2605 ( e ) ( 1 ) and the clients right to counsel.
Company Response:
State: VA
Zip: 23503
Submitted Via: Web
Date Sent: 2017-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-02
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/XXXX we purch ased a home on XXXX Ohio from the owner for {$48000.00} we made payments for over 5 years until XX/XX/XXXX . Whe n I contacted the mortgage company the concern was the extra {$2200.00} they where attempting to collect. I was informed it was for home owners insurance I informed the company we had outside insurance with XXXX XXXX whom I had send them the declaration I was told it was never received so I ask them to send it again. I informed the company I was not paying for their insurance. Then I requested a statement of payments for the past year. To find most of the payments was going to interest and insurance. I again contacted the company informed them of the problem stating I will not pay anymore until the matter is fixed. In XX/XX/XXXX we where informed due to non payment they where filing foreclosure. We moved out XX/XX/XXXX informing the company we will not pay. In XX/XX/XXXX as I was denied for employment I researched the issue to find that I had a nuisance warrant for my arrest f or the property. I contact the city to be informed the title had been released and it was in our name. Because we had it lived in the state for over a year we did not wish to return. We then was informed by another company that we owe them {$48000.00} for the property. So we ow e XXXX c ompany we have no idea who they are and we own a home we no longer wish to have. XX/XX/XXXX t he city of XXXX took possession of the property for none payment of property taxes. So now we do n't own the home and we still owe this other company {$48000.00} plus interest to where they state we owe {$62000.00}. No one can answer my questions o what happened to the 5 years of escrow paying {$420.00} a month with {$5000.00} down that makes it over {$30000.00} that we have no idea what happen to it nor where any payments went for this home. So my complaint is that they not only took our money they are asking for more. Now based on my memory in XX/XX/XXXX to XX/XX/XXXX t he lenders name changed like 4 diffe rent times without notice to find out it was the same company just changing their name.
Company Response:
State: TX
Zip: 781XX
Submitted Via: Web
Date Sent: 2017-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Account number XXXX Name : XXXX XXXX Address:XXXX XXXX XXXX XXXX, SSN : XXXX To whom it may concern : I am hoping you can assist me with an issue that I am having. I received a modification in XXXX. After the modification I 've been paying on time and received a notice from Ocwen stating that due to my good standing I was eligible for and incentive of {$5000.00}. I completed the necessary paperwork and faxed it into Ocwen and contacted Ocwen to confirm receipt of the fax. When it was time for my incentive to be paid I followed up with Ocwen on several occasions to find out when I could expect the {$5000.00} to be credited to my account. I was told that when the government sent them the funds it would be applied to my account. I asked several escalation managers to look into when I can expect my refund and was told that Ocwen had not received the incentive from the government yet.
In XX/XX/XXXX I received a letter from Ocwen stating that they were transferring my loan to XXXX XXXX XXXX inXX/XX/XXXX. Immediately contacted Ocwen to find out how this would affect my incentive I was told that when the government sends the incentive Ocwen would transfer it to my new mortgage servicer or the government may send the money directly to the new servicer. I started following up with the new servicer regarding the Hamp incentive only to be told that Ocwen had not received my Dodd Frank Certificaiton therefore i was not receiving the {$5000.00}. This completely baffled me because all the times that i called Ocwen i was never told that they had not received the Dodd Frank Certification ( and remember I called Ocwen to confirm receipt of the fax when i faxed the doc ). My husband is a military veteran and neither of us have ever committed a crime therefore we have no reason to not submit the Dodd Frank Certificate. It seems to me that Ocwen dropped the ball all the times I contacted them to find out when i could expect my incentive I was never Informed that they did not receive the Dodd Frank Certificate.Company Response:
State: NC
Zip: 28262
Submitted Via: Web
Date Sent: 2017-06-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A