Date Received: 2017-05-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My XXXX / XXXX / 2017 statement with Ocwen Loan Servicing contained a section called important News. It stated tha t my " payment amount has changed to {$1500.00} effective XXXX / XXXX / 2017 ''. I made the payment of {$1500.00} on XXXX / XXXX / 2017 . Ocwen is now indicating that there is a different change that occurred and. Thew new change indicates ab additional XXXX is owed and I have been referred to their escalation department. I have made several attempts to contact Ocwen and notify them of their error.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 95603
Submitted Via: Web
Date Sent: 2017-05-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-05-30
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I receiv ed a letter from Ocwen Loan Servicing LLC stating they charged me {$66.00} for inspection fees. OCWEN has failed to properly service my loan from the time they took over servicing from XXXX in XXXX 2013 . From da y ONE they have had problems and have failed to acknowledge the errors in a timely manner. They have falsely applied charges to my account and have not properly adjusted the balance once the errors were reported. I called them many times and explain to them base on my Original Note, the only time Ocwen can charge me inspection fee is if I defaulted on the loan. ( Please see attach document item 14 page 13 ). It states : 14.Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowers default, for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then : ( a ) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit ; and ( b ) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge ( whether or not a prepayment charge is provided for under the Note ). Borrowers acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge I asked them many times if I ever default on my loan? They answered no so in that case they do not have any right to charge me inspection fees. I called XXXX XXXX at XXXX twice and left a message.
Company Response:
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2017-05-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-05-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX I took out a loan through XXXX XXXX XXXX XXXX XXXX. At the time of taking a mortgage loan I was and am still on Social Security XXXX. The loan I received was one of those No employment verification, No Income verification, No Banking verification. See the Uniform Residential Loan Application Exhibit 4. At the time I received this mortgage I had personal income from Social Security XXXX and a small pension, which amounted to approximately {$1500.00} per month. The payment for this mortgage was approximately {$1100.00} per month. My wife was not on this mortgage and her income was not included.
I paid on this loan for 5 years. ( I have approx {$80000.00} into this property, loan payments, repairs, upkeep ) I quit making payments in the first quarter of XX/XX/XXXX. I contacted XXXX who is a sub servicer and OCWEN as the master servicer and asked them to take the property back and was told they could n't. I was also told that if I were to stop making payments they could probably help me with a modification. I did n't understand why stopping payments would probably help me get a modification. I told them at first, it would be easier for me to just give the property back. They said they cant take it back and it is n't that easy. They said again, if you stop making payments we can assist you in a modification. I gave them permission to send me a modification package. I finally received there package. I returned it and followed up at a later date to check the status and was told that they did n't receive it. They sent me another package and I followed up again and was told that I was missing some information. I received letters of denial dated XX/XX/XXXX and XX/XX/XXXX. See Exhibit 4. During the first XXXX mandatory mediation in XX/XX/XXXX, I was also denied another modification, this time for Post Modification DTI Outside Acceptable Range. We are unable to offer you a Hamp modification for the following reason. In performing our underwriting of a potential modification, we determined that the proposed modified monthly payment which we could offer you was outside the required range of 10 % -55 % of your monthly gross income which we verified as {$2000.00}. Your modified monthly housing expense must be equal to or greater than 10 % and equal to or less than 55 % of your gross monthly income in order for you to be eligible for Hamp. See Letters from XXXX, Exhibit 4. I sent the Servicer two Qualified Written Request dated XX/XX/XXXX and XX/XX/XXXX. I asked who the Holder in Due Course was and got an answer back from XXXX informing me who the Investor was, which was GMAC. I did n't ask for the investor name and they did not tell me who the holder in due course was. In those QWRs I asked the Servicer ( XXXX is the sub-servicer ) who is the current holder in due course and owner of my mortgage note that has legal standing to foreclose in the State of XXXX. I also requested the MERs Milestone reports and XXXX website for the Pooling and Service Agreement and exact name of the issuing entity along with the Master Loan Schedule. My point is, the Servicer never told me in their response to my QWRs who the holder in due course is. XXXX did not tell me who the holder in due course is and instead brought me to Mediation in XX/XX/XXXX. In order for an institution to foreclose in XXXX they must comply with the State mandatory Mediation process. The first time XXXX took me to mediation was in XX/XX/XXXX. In order for XXXX to get their Certificate of Compliance they must demonstrate to the State run mediation program that they have disclosed the Owner of Obligation, which is the same as Holder in due course. XXXX did not get their Certificate of Compliance or as its called " ( C.O.C. ) '' in the mediation that took place in XXXX. The reason they did n't get their C.O.C. is that they failed to disclose the Owner of obligation or holder in due course. XXXX would not tell me who the holder in due course was and they would n't or could n't tell me who the holder in due course is in the first Mediation. I also hired an attorney to represent me in mediation, costing around XXXX. In order for XXXX to foreclose they need to first get their C.O.C. and disclose the Holder in Due Course. After two QWRs they failed to disclose who the owner was, and failed again during the first round of mediation. Their production of documents did not include the Certificate of No Compliance for XXXX. They did provide the XXXX Certificate of Compliance outcome in which they received their C.O.C. How does the borrower deal with a Servicer who brings you to mediation in bad faith? Mediation requires the banks to present the PSA at mediation, because it dictates on how they can modify an existing loan and work with the borrower. As we know the PSA clearly defines the entity or issuer of these trusts. The problem is that they never disclosed the Owner of Obligation as required to complete the mediation program. As a result they did n't receive their XXXX Certificate of Compliance. Jump forward to XXXX where they bring me to mediation again. ( Attorneys fees again, {$1800.00} ) This time they disclose that Ocwen is the Master Servicer and XXXX is the Sub servicer. They also state that XXXX XXXX XXXX XXXX XXXX is the Trustee for this entity called XXXX XXXX XXXX XXXX Mortgage Asset-Backed Pass-Through Certificates Series XXXX, stating that this XXXX XXXX XXXX XXXX Mortgage Asset-Backed Pass-Through Certificates Series XXXX is the owner of obligation. They now state as a fact that this Trust is the owner of obligation and XXXX XXXX XXXX XXXX XXXX is the trustee for this particular Trust. XXXX and Ocwen finally get their C.O.C. based on the latest information that XXXX XXXX XXXX XXXX Mortgage Asset-Backed Pass-Through Certificates Series XXXX is the owner of obligation. Shortly after they received their C.O.C. they filed a foreclosure ( XX/XX/XXXX) lawsuit here in XXXX County naming XXXX XXXX XXXX XXXX XXXX as the Trustee for this XXXX XXXX XXXX XXXX Mortgage Asset-Backed Pass-Through Certificates Series XXXX. I represented myself on this lawsuit until XX/XX/XXXXwhen I retained the same attorney ( XXXX XXXX ) who represented me in the 2 mediations. Through discovery and production of documents we received documents that uncovered illegal activity by Ocwen, XXXX and XXXX XXXX XXXX XXXX XXXX. I went to the SEC website and researched XXXX XXXX XXXX XXXX Mortgage Asset-Backed Pass-Through Certificates Series XXXX. This is name they used in my foreclosure case! The SEC has no record of XXXX XXXX XXXX XXXX Mortgage Asset-Backed Pass-Through Certificates Series XXXX. Mortgage Asset-backed pass-through Certificates is actually the title of these securities ( XXXX ). The SEC does have a registered company conformed name listing XXXX XXXX XXXX Trust listed as being Incorporated in XXXX and a business address in XXXX. This particular XXXX XXXX XXXX Trust is one of 145 separate entities ( XXXX XXXX ) listed with the SEC as being incorporated in Delaware. This particular XXXX XXXX XXXX XXXX is one of 145 separate entities ( XXXX XXXX ) listed with the SEC as XXXX Trust. This is where it gets real interesting.I went to the S.O.S. of XXXX website and researched all XXXX XXXX Trust ( 145 ) of them. I also talked a Lady named XXXX XXXX from the S.O.S. of XXXX and asked her for Certified Certificates of Record on all 145 XXXX XXXX. I was informed by her that she has no record of any XXXX XXXX being registered in XXXX. She instead directed me to a form, called Certificate of No Record. She also stated that XXXX has Statues that govern what these Trust must do before they can sell securities or conduct business in XXXX. The Statues are 318.02 318.03 and 318.05. See exhibit 2. I paid and received Certified Certificates of No Record on all 145 XXXX Trust. I also received a complete list of every trust that filed a declaration of Trust since XXXX. Each Trust needed to complete a registration process and file a declaration of Trust in order to sell securities and do business in XXXX. Each XXXX XXXX Trust must be Bankruptcy remote from all other entities, thats why each individual Trust must have its own Company Conformed Name, per SEC. There is 145 XXXX Trust which reported to the SEC as being incorporated in XXXX and a business address in XXXX. XXXX Statue 318.02 subd. 3 Powers State that any such association heretofore or hereafter organized shall have the power in its name : ( 1 ) To continue as a business trust for the time limited in its Declaration of Trust or in any amendments, or if no time limit is specified, then perpetual. ( 2 ) To sue and be sued ; ( 3 ) To adopt, use, and, at will, alter a business trust seal, but failure to affix the business trust seal, if any, shall not affect the validity of any instrument ; ( 4 ) To conduct in this State and elsewhere the business to engage in by such association and to contract and enter into obligations and do any acts necessary and incidental to the transaction of its business or expedient for the attainment of the purposes stated in its declaration of trust or any amendments. ( 5 ) To acquire including by will or gift, purchase, sell, contract for, hold, lease, mortgage, encumber, convey, transfer, or otherwise deal in and dispose of real and personal property within or without the State by and through its officers, agents or Trustees in the manner provided in its declaration of trust or in any amendments. All deeds, contracts, mortgages and other legal instruments heretofore or hereafter acquired by or executed by any such association, and whether or not recorded in the office of the county recorder in the officer of register of titles, shall have the same force and effect as a like instrument would have executed, or recorded or filed in said offices, as in the case of corporations. Subd. 4.Personal liability. No personal liability for any debt or obligation of any such association heretofore or hereafter organized shall attach to the owners of the shares of beneficial interest, beneficiaries, shareholders, or trustees of any such association heretofore or hereafter organized, or to any person or party to the declaration of trust. 318.03 Sale of Securities ; Registration Before any such association may offer for sale, barter or sell any security of such association in this state, such association shall register such securities pursuant to the provisions of chapter 80A, and all acts amendatory thereof, which registration shall be applied for and granted under the same conditions as like registrations are applied for and granted to corporations. 318.05 Unlawful to transact business prior to compliance. No such association organized after XX/XX/XXXX, may transact or conduct business, within this state under any declaration of Trust without first complying with the provisions and requirements of sections 318.01 ; 318.02 ; and in addition thereto complying with the provisions and requirements of sections 318.03 and 318.04 when applicable. XXXX XXXX XXXX XXXX XXXX ( XXXX ) brought this lawsuit against me as a Trustee for XXXX XXXX XXXX XXXX Mortgage-Asset-Backed Pass-through Certificates Series XXXX. XXXX XXXX XXXX XXXX XXXX is not registered in XXXX XXXX according to the S.O.S. of XXXX XXXX. The Secretary of State of XXXX, has XXXX XXXX XXXX XXXX XXXX registered as a Foreign Company in XXXX, and headquartered or incorporated in XXXX XXXX. If they did n't register in XXXX XXXX like they reported to the S.O.S. of XXXX then why did they state it as a fact in the XXXX S.O.S. registration? See Exhibit 2. Ocwen is the Master Servicer and XXXX XXXX is the sub-servicer which brought this lawsuit in the name of XXXX as Trustee. XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX XXXX XXXX Mortgage-Asset-Backed Pass-through Certificates Series XXXX has failed to demonstrate through either its memorandum or evidentiary submission that there are no genuine disputes of material fact or that XXXX is entitled to judgment as a matter of law. Specifically, there is a substantial question of material fact as to whether XXXX XXXX XXXX XXXX Mortgage-Asset-Backed Pass-through Certificates Series XXXX is a validly constituted legal entity and whether XXXX XXXX XXXX XXXX XXXX Pass-through Certificates Series XXXX has any legal capacity to sue in the State of XXXX to foreclose on my property. XXXX law restricts foreign entities from exercise [ ing ] any powers or purposes or conduct [ ing ] any business or affairs in this state that a domestic [ company ] is proscribed from exercising, pursuing or undertaking in this state. Numerous statues in XXXX prohibit foreign entities from maintaining an action in XXXX without first obtaining a certificate of authority. STATEMENT OF FACTS I was foreclosed by XXXX XXXX XXXX XXXX XXXX as Trustee '' for XXXX XXXX XXXX XXXX Mortgage-Asset-Backed Pass-through Certificates Series XXXX. Plaintiff purports to be a XXXX XXXX XXXX XXXX XXXX ( XXXX ) in its organizing documents known collectively as the Pooling and Servicing Agreement. Id. The Pooling and Servicing Agreement ( PSA ) states that This contract shall be governed by, and construed and enforced in accordance with applicable federal laws and the laws of XXXX. The PSA also provides that it shall be governed by the laws of the State of XXXX XXXX. The PSA also provides that This agreement and the certificates shall be governed by and construed in accordance with the laws of the State of XXXX XXXX and obligations, rights, and remedies of the parties hereunder shall be determined in accordance with such laws. The PSA also references XXXX and XXXX as another potential state whose governing laws apply. Id. See the Declaration of XXXX XXXX. Exhibit 3 As set forth in the Declaration of XXXX XXXX, Defendants have search high and low for evidence, that Plaintiff is registered, certified, authorized or otherwise in XXXX, XXXX XXXX and XXXX ( the three states referenced in the Plaintiffs PSA ) as well as all 47 states for registration, certification of trust, certification of existence for both the exact name of plaintiff XXXX XXXX XXXX XXXX XXXX AS TRUSTEE FOR XXXX XXXX XXXX XXXX MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, XXXX XXXX as well as numerous variations on this name ( variations include XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX Mortgage Asset-Backed-Pass-through certificates XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX 2006QS14 Remic Trust ) and several other variations and have found " no evidence '' of any registration or proof of plaintiffs existence in any of the 50 states, or any United States Territory . Defendants have also searched in the Internal Revenue Services 938 Publications database which preserves registration for all XXXXs registered with the Internal Revenue Service and have searched for both the Plaintiffs full name ( XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX XXXX XXXX Mortgage-Asset-Backed Pass-through Certificates Series XXXX ) as well as XXXX XXXX XXXX ( XXXX is an abbreviation of XXXX XXXX XXXX XXXX ), XXXX ( the series number for Plaintiffs Trust, and XXXX ( a shorter version of Plaintiffs series number ) in the tax years XXXX through XXXX and have found no registration with the Internal Revenue Service . See also Declaration of XXXX XXXX. Exhibit 3 Defendant and defendants counsel have searched the Secretary of States databases for all 50 states as well as the United States Territories as well as the Internal Revenue Services Form 938 registry and Defendants can find no documents indicating that Plaintiff is registered with either the Internal Revenue Service, nor with any of the 50 states or any United States Territories. Additionally, despite numerous subpoenas and discovery request on Plaintiff, Defendants can find no record of any EIN ( Employer Identification Number ) for Plaintiff. As of the date of this writing there is no evidence that Plaintiff has any authority to sue or maintain any action in the State of XXXX or any other state. It in fact appears that Plaintiff is not registered as a legal entity anywhere in the United States, including any of the states where Plaintiff claims to be registered and incorporated. Defendants have Certified Certificates of NO RECORD from the Secretary of State of XXXX showing that although, XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX XXXX XXXX Mortgage-Asset-Backed Pass-through Certificates Series XXXX is the name Plaintiff is using in this lawsuit, it is not the name used in reporting to the SEC . The SEC has it registered as XXXX XXXX XXXX XXXX, which is the Company Conformed Name as reported to the SEC. There are 145 separate XXXX XXXX XXXX, all of which reported to the SEC as being incorporated in XXXX and a business address in XXXX. I received Certified Certificates of NO RECORD from both XXXX and the XXXX Secretary of States. I also obtained from XXXX XXXX from the S.O.S. of XXXX a Certified list of all TRUST that are or were registered with the S.O.S. since XXXX. See Exhibit 2. The SEC has the entire XXXX XXXX ( XXXX ) registered as XXXX Trust. See Exhibit 1, which is from the SEC website. We also included in Exhibit 1 other Series Trust that were not registered in XXXX, but reported to the SEC that they were. ( XXXX series, XXXX XXXX, XXXX and XXXX ). Also these additional Trust are reported to the SEC as being incorporated in XXXX and are in fact not registered in XXXX. Total collateral of all Trust in Exhibit 1 are estimated to be around {$180.00} XXXX according to the SEC website. The SEC also has the entire XXXX XXXX listed as being registered and incorporated in XXXX. The Certificates of NO RECORD that I obtained, clearly show that NONE of these TRUST were ever registered in XXXX or XXXX. See Exhibit 2. We know that the Securities and Exchange Commission does not verify the documents registered in their database. The question would be, why did they register these trust with the SEC stating that these trust are incorporated in XXXX, when in fact they did n't register in XXXX. Why did they register with the SEC stating that these Trust are XXXX Trust, when in fact they did n't register in XXXX? Registering the Entire Series with the SEC is part of the registration process but the State of XXXX also requires filing a Declaration of Trust prior to transacting any business in this state. It is unlawful to transact business prior to compliance. No such association organized after XX/XX/XXXX, may transact or conduct business within this state, under any Declaration of Trust or Business Trust without first complying with the provisions and requirements of sections XXXX and XXXX and in addition thereto complying with the provisions and requirements of sections XXXX and XXXX when applicable. See Exhibit 2 XXXX Statues. Why would these Trust report to the SEC as being XXXX Trust? Who would collect Taxes on the sales of these securities? According to the Sec all these Trust have a combined total of {$180.00} XXXX. Who is collecting the taxes if they are not registered at any State level. Why would they elect to be a REMIC as outlined in the PSA and not follow through and register with the Internal Revenue? I.R.S. publication 938 clearly states that For the first tax year of a REMICs existence, the REMIC must timely file the first tax year of existence using Form XXXX, signed by an authorized person. Once the election is made, it stays in effect for all years until it is terminated. Pursuant to the public records available on the SEC website, Plaintiff only filed Quarterly XXXX and/or XXXX filings from XX/XX/XXXX through XX/XX/XXXX. See Exhibit 4. As a REMIC, Plaintiff is obligated to make the election as a REMIC in its first taxable year, but upon a search of the ( search-able ) IRS Publication Form XXXX database for REMIC and also Collateralized Debt Obligations, no such elections were filed in the years XXXX through XXXX indicating no such issuing entity exists for the purposes of IRS election as either a REMIC or a CDO. We have hard evidence that Ocwen and XXXX filed fabricated Mortgage Assignments with our County Recorders Office. There are 3 assignments recorded in county records. The first and second XXXX XXXX was notarized by a XXXX XXXX out of XXXX. These two documents that are recorded in public records look almost exactly alike. This is where it gets interesting ; the person she is notarizing for is XXXX XXXX. XXXX signed on both assignments days apart according to the dates, and recorded on the same day 6 months later. We received 1116 pages ( Production of Documents ) from XXXX and Ocwen. In the production of documents there are 4 different mortgage assignments. The first and second assignment were both signed and notarized by the same people. In the production of documents there was a fourth assignment, this fourth assignment looks exactly the same as the second assignment, except that this fourth assignment was not recorded in public records. This fourth assignment is notarized in blank, same signatures, except nothing is filled out. The notary notarized the signature of XXXX but she notarized a blank document. This same fourth document was later filled in, whited out, crossed out and then filed in the county land records as assignment number two.. See Exhibit 4. The third assignment ( was ordered by XXXX and Ocwen ) ( this third assignment was done by XXXX ) was recorded in XX/XX/XXXX and assigned to XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX. This assignments looks a lot like the first two assignments, crossed out and a name of a company named XXXX XXXX XXXX XXXX XXXX who went out of business back in XXXX. XXXX XXXX is not listed with the SEC in that form, but is listed with the SEC as XXXX XXXX XXXX Trust. The name XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX XXXX XXXX Mortgage Asset-Backed Pass through Certificates Series XXXX is the name they are suing me in. We know that this name they are suing me in is not registered with the SEC. The SEC has it registered as XXXX XXXX XXXX Trust, which by the way is the exact company conformed name listed with the SEC and reported to the SEC as being incorporated in XXXX. According to the FDIC, XXXX XXXX XXXX XXXX XXXX went out of business in XXXX. ( I believe XXXX took them over ) The cutoff date for any loans to go into the XXXX trust was XX/XX/XXXX. So, why would XXXX XXXX XXXX XXXX XXXX who went out of business in XXXX assign a mortgage to this alleged trust in XXXX and after the cutoff date? These trust filed papers with the SEC stating that all these trust are incorporated in XXXX. These Trust also filed papers with the SEC stating that these Trust are XXXX Trust. The fact is that neither S.O.S.s has any record of them registering in their State. They dont exist.Company Response:
State: OR
Zip: 976XX
Submitted Via: Web
Date Sent: 2017-05-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-05-28
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: My husband and I sold out home back in XXXX XXXX before selling the home we called the loan servicer several times because we had a loan modification back in XXXX and knew there would be more money due so we called the loan servicer to make sure everything would be included in the payoff we asked was there anything else we needed to do before selling the home to the investor the loan servicer said no fast forward XXXX XXXX We now have a debt owed to HUD that will now be sent to the Department of treasury which will grow over {$46000.00} started at {$35000.00} I have spent over a month trying to resolve this and because I signed documents under the impression I would be clear of any debt I have no recourse I called HUD the loan servicer the title company everyone involved and now I will be forced to file bankruptcy I have spent the last 2 years fixing my credit in hopes of buying a new home and it was all for nothing now We did not receive any profits from the sale the buyer had to give us additional funds to close
Company Response:
State: CA
Zip: 95834
Submitted Via: Web
Date Sent: 2017-05-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-05-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Ocwens negligence and unwillingness to provide an escrow analysis or a breakdown for my XXXX XXXX escrow adjustment caused my XXXX XXXX , escrow analysis to have a higher shortage than expected. Ocwen failed to disclose that they were spreading my escrow payments ove r 56 payments. Ocwen failed to notify me in a timely manner about the changes with the escrow so that I would have a chance to minimize my shortage. Ocwens failure to provide proper notification caused an additional increase in my monthly payment, because I had to request that my escrow payment be spread over 12 payments, and not the spread that was previously used to avoid any more unnecessary increases. Ocwen failed to provide the information/material when I first requested it, but later sent the information on XXXX XXXX XXXX , after I received the new escrow shortage in XXXX XXXX On XXXX XXXX XXXX Ocwen 's attorney emailed a breakdown of the capitalization and down payment amount that was used to calculate my {$110000.00} modification beginning balance. However, the calculations and dates Ocwen used to get the same {$110000.00} beginning balance was calculated and adjusted differently on the transaction report they provided. On XXXX XXXX XXXX , Ocwens attorney provided a response and transaction history used to support her response about my concerns with my year to date principal payment totals on my XXXX and XXXX statements. Ocwen negligently and carelessly failed to include my {$1000.00}, payment on the transaction history report that they provided with the correct XX/XX/XXXX , received date. Ocwen failed to correctly deduct my {$800.00} modification down payment from my {$1000.00} payment, and apply it with the correct XX/XX/XXXX received date. Ocwen failed to include the correct capitalized amount and date for my XXXX modification on the transaction/payment history they provided. Ocwen failed to re-apply my {$200.00} balance from the {$1000.00} payment with the correct XXXX , received date. Ocwen negligently reversed my {$800.00} down payment from a suspense account and re-applied it with a XX/XX/XXXX received date. Ocwen negligently reversed and re-applied {$200.00} + {$600.00} ( XXXX {$800.00} ), contractual payments received between XXXX , with an incorrect XX/XX/XXXX , received date.
Company Response:
State: FL
Zip: 33032
Submitted Via: Web
Date Sent: 2017-06-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-05-26
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: Hello Consumer Financial Protection Bureau, My name is XXXX XXXX and I filing a complaint against Ocwen. It is in regards to a short sale on my property. I placed my home on the market for a short sale because I was struggling to pay my mortgage payments. All short sale documents that were requested by Ocwen were collected from my real estate agent and submitted to Ocwen on XXXX XXXX 2017 . M y offer was submitted a week later. Ocwen did not provide approval for the short sale until XXXX XXXX 2017. The first buyer walked away because he did not have the finances to purchase the home after waiting 3 months. The approval was good through XXXX XXXX 2017. My real esta te agent located a new buyer several days later on XXXX XXXX 2017. She called Ocwen and advised them that my new buyer wanted to settle by XXXX XXXX 2017. Ocwen advised my agent that she would have to submit the new contract and they would send her a new approval letter within 7 days. Please understand that the new buyer was offering {$180000.00} dollars cash. The same as the first buyer. There would only need to be a name change of the buyer on the documents. The numbers on the settlement disclosure would not have to change because the first approval was good u ntil XXXX XXXX 2017. My real estate agent and I have called constantly since XXXX XXXX 2017 a nd there have been different account representatives with different explanations. The negotiator has been calling daily fo r 2 weeks advising Ocwen that the buyer is going to back out of the contract if we can not settle by XXXX XXXX 2017. We have been told that we would receive a new appr oval letter in 7 days. A week later when we call they will say 7 days. Sometimes when we call they will say that we will receive an update in 3 to 5 days. On Monday XXXX XXXX 2017 m y attorney was advised it would be 20 days. The last call that my attorney made was on Thursday XXXX XXXX 2017 and they said it would be 30 days. So, it has been 26 days for them to provide an updated approval letter. On XXXX XXXX 2017 they requested a new settlement disclosure because they said the numbers were changing. Why would the numbers change when my first approval was good until XXXX XXXX 2017. They have been giving my attorney, my real estate agent and myself the run around. The new buyers is going to walk away from this deal because of the amount of time it has taken them to approve this sale. My house will eventually go into foreclosure and I will receive a deficiency for a issue that is not my fault. How can they offer you an alternative to foreclosure and then treat you this way. I believe that they want to foreclose on my home instead of helping me. This is the second buyer that has walked away because of this. Can you please help me to resolve this matter so my home does not go into foreclosure. Please find attached the notes I received from the attorney negotiating my file and the first approval letter to back up what I am saying. X/XX/17 - I called the lender and they said that they have timed up the file for managers review. The rep said that the file escalation would take between 3 to 5 busin ess days. She said that the review would take up to 30 days for the full review /A BL . X/XX/17 -PLJ-called Ocwen and spoke with XXXX in the Advocacy Team . XXXX transferred me to a supervisor in the home retention department, XXXX ( XXXX ) . XXXX stated that she contacted the underwriters to see if there is anything else they need and requested that they escalate the file. This office should hear from XXXX by Friday XXXX XXXX 2017. XXXX is the relationship manager for this file. X/XX/17 -PJ-c alled lender and spoke with XXXX XXXX ( ID # XXXX ). XXXX stated that we should receive an update in 7 days. I explained to rep that they have been advising that we will receive an update in 7 days si nce XXXX XXXX 2017. R ep stated that we are calling to often and that is why they tell us that. I gave him the dates and times we have called and asked them what was causing the delay. He told me to call back in 7 days. X/X/17 -PJ called lender and spoke with XXXX ( ID XXXX ). XXXX stated file in underwriting and they have placed a rush on this file. We can follow up in 2 days. They have all docs and there is no sale dat e X/X/17 DK called lender agent XXXX transferred me to XXXX ( advocacy team ) spoke to agent XXXX . They rsv 'd new buyer contract on X/XX/17 and it is under review. The prior HUD they have is for a XX/XX/XXXX settlement. This file is Not approved for settlement. They will pay the HOA but do not term HOA lien as a " junior lien ''. Ok to leave on HUD. Need updated HUD for settlement date from XX/XX/XXXX to XX/XX/XXXX . Faxed New HUD and updated HOA payoff. Lender should have a response within next week or so since price did not change. Should still be able to settle by end of XXXX . Call buyer and seller to advise of minor delay. F.U. on Monday XX/XX/XXXX . TUESDAY XXXX XXXX 2017 I called ocwen for an update. The short sale is still under review. The rep said that it could take up to 20 days for decision. The rep set us up for a conference call with the Relationshi p Manager next Tuesday at XXXX . WEDNESDAY XXXX XXXX 2017 at XXXX Can call back and check on Tuesday XXXX XXXX 2017 f or an update. File is still in underwriting. I spoke with XXXX ( XXXX ) in the customer care department ( Modifications and short sales ). WEDNESDAY XXXX XXXX 2017 at XXXX On the above date and time I called Ocwen in reference to an update on the file and I spoke with Rep. XXXX ( ID XXXX ). XXXX advised that all updated information has been received and submitted for review. It will take approximately a week or so to obtain another approval. I can email for an update to ( XXXX XXXX XXXX ). I will call back on Wednesday XXXX XXXX 2017. MONDAY XXXX XXXX 2017 X/XX/17 -f axed over updated packet to Ocwen-COS- APPROVAL LETTER, HU D 1 , AOI SATURDAY XXXX XXXX 2017 Received offer from XXXX XXXX XXXX XXXX XXXX an d it was ratified on the same date. Received Articles of Incorporation and organization. Placed COS, Updated HUD 1, and AOI packet together to forward to Ocwen for new approval for XXXX XXXX 2017. THURSDAY XXXX XXXX 2017 Received Short Sale Approval MONDAY XXXX XXXX 2017 at XXXX On X/XX/17 I spoke with XXXX ( XXXX ) in the Home Retention Department. XXXX stated that file was in review and we should hear something bac k by XXXX o r at the least, XX/XX/17 . TUESDAY XXXX XXXX 2017 at XXXX Buyer called to advise that he can not purchase the house because he no longer has the funds to do so anymore because the approval took to long. I calle d 2 agen ts that requested that I hold their contracts as backup offers. MONDAY XXXX XXXX 2017 at XXXX Called Wells Fargo Custo mer Service ( XXXX ) to obtain update on lien release. Spoke with Rep XXXX and she stated that the lien release should be in our office by fax by Monday XXXX XXXX 2017. The case number for that file is XXXX . For future updates call the customer service line and ask for the lien release department. WEDNESDAY XXXX XXXX 2017 O n the the above date and time I received a call from a representative at XXXX XXXX by the name of XXXX XXXX . XXXX works in the customer care and recovery group. ( telephone: XXXX . XXXX stated that the lien request was received and we should have it back by XXXX XXXX 2017 or sooner. MONDAY XXXX XXXX 2017 at XXXX Faxed revised settlement statement to ocwen. MONDAY XXXX XXXX 2017 On Monday XXXX XXXX 2017 at XXXX , I called XXXX XXXX and spoke with XXXX in the customer service department. XXXX asked me to resend lien release letter and she will expedite file. XX/XX/XXXX lien release letter was re-faxed to wells at XXXX at XXXX . MONDAY XXXX XXXX 2017 at XXXX Received Conditional Short Sale Request from Ocwe n . FRIDAY XXXX XXXX 2017 at XXXX On Friday XXXX XXXX 2017 at XXXX , I called Ocwen at XXXX . I spoke with XXXX ID XXXX in the short sale department. XXXX confirmed the fax number as XXXX to fax all documents. He also stated for me to emal the documents to his email at XXXX XXXX XXXX . On the same date I faxed the third party approval, proof of funds and contract of sale to ocwen at XXXX . I emailed the same documents to XXXX at XXXX on the same date. XX/XX/2017 @ XXXX -I fa xed over to Ocwen ( XXXX ) the short sale package and HAFA form signed by seller/emailed to XXXX at Ocwen in the short sale department THURSDAY XXXX XXXX 2017 On Thursday XXXX XXXX 2017 at XXXX I called Ocwen at ( XXXX XXXX ). I spoke to XXXX ( ID XXXX ) in the Short Sale Department. XXXX advised that the home was discharged in a bankruptcy. XXXX stated that I am an authorized user on the account. XXXX stated that Ocwen will need the following, A SHORT SALE PACKAGE, SALES CONTRACT, A LISTING AGREEMENT IS NOT REQUIRED BUT i CAN SEND ANYWAY. HUD1, JUNIOR LIEN, IF LLC WILL NEED ARTICLES OF ASSOCIATION OR PROOF OF FUNDS. EMAIL TO : XXXX XXXX XXXX FRIDAY XXXX XXXX 2017 O n Friday XXXX XXXX 2017, I called Ocwen at ( XXXX ) to obtain a fax number to send the release of authorization for XXXX XXXX XXXX . I faxed the release to ( XXXX ) on Friday XXXX XXXX 2017 at XXXX . Any help in this matter will be greatly appreciated.
Company Response:
State: MD
Zip: 21401
Submitted Via: Web
Date Sent: 2017-05-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-05-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: OCWEN has handled out account unethically and has not responded to our many request to resolve issues on our account. OCWEN agents are incompetent and give us different answers depending on what department answers our calls. Some of the departments are outsourced to XXXX .
There are several issue that need to be resolved : 1 ) Loan Modification that never put our mortgage account current. 2 ) Mortgage Interest : We are paying more in mortgage interest a year even though we have a smaller balance. We paid {$18000.00} in interest i n XX/XX/XXXX a nd {$21000.00} in XX/XX/XXXX . More of our payment is going to interest than to principal each year. 2 ) Escrow Account that continues to increase substantially more than our property tax has increased. 3 ) Mortgage payment that was not applied to loan ; instead in a suspense account as unapplied funds. In addition, OCWEN made payment reversals on account without an explanation. 1 ) LOAN MODIFICATION : We filed bankruptcy and with the assistance of the VA Department wo rked out a modification arrangement with OCWEN.On XX/XX/XXXX we received a letter from OCWEN congratulating us on the loan modification stating ou r 1st payment would be due XX/XX/XXXX in the amount of {$2900.00} and a voluntary amount of {$310.00} for items not allowed on the loan amount. On XX/XX/XXXX w e received a letter from OCWEN Home Retention Department stating that we longer needed personalized assistance with our account ; the loan modification had gone through. We kept our part of the agreement paid the voluntary amount of {$310.00} as per modification agreement ; however, out account was never made current as per the modification agreement. Mortgage Statements from XX/XX/XXXX show ed our loan was not up to date even though it had been modifi ed in XX/XX/XXXX and we kept our agreement paying the voluntary {$310.00} and made the 3 c onsecutive payments in that amount. We had questioned OCWEN handling of the Modification ; however, were never given a definite answer on why the account was never made current. When we asked them why we continued to get letters from Mortgage Assistance Resources and putting our account up to date ; there answer was those were standard letters sent to us because we had filed bankruptcy and the system automatically mailed them out. OCWEN also stopped sending us mortgage statements for a few months ; when we called we were told it was because we had filed bankruptcy and they could not mail us a mortgage statement billing us. Each time we called we were automatically transferred to OCWENs Bankruptcy Department even though our account had been modified and our bankruptcy was discharged. 2 ) Mortgage Interest : We are paying more in interest every year even though the balance of the home loan is lower. OCWEN is applying more of our payment to interest instead of principal of the balance. In XX/XX/XXXX 3 ) ES CROW ACCOUNT : OCWENs Annual Escrow Account Disclosure Statements analysis do not equal the Property tax increase. Our escrow payment has consistently gone up, even though our hazard insurance went down and the property taxes has increased on average no more than {$200.00} a year ; the most it has increased is {$370.00} ( XX/XX/XXXX tax year ). XX/XX/XXXX Esc row : Our Mortgage payment went from {$3000.00} to {$3000.00} even though our property tax increased only {$370.00} that year the payment went up to {$990.00} a year with an increase in the mortgage payment of {$83.00} a month. XX/XX/XXXX Escrow : Our payment went from {$3000.00} to XXXX even though our property tax has not increased the additional {$500.00} OCWEN is charging us per year. 3 ) UNAPPLIED FUNDS/SUSPENSE on Account : In XX/XX/XXXX w e paid OCWEN {$36000.00} in mortgage payments ; however, OCWEN only reported on {$33000.00} on XX/XX/XXXX Mortgage Interest Statement. The XX/XX/XXXX was put as a Suspense Payment even though it was a complete payment. In XX/XX/XXXX we paid OCWEN {$37000.00} in mortgage payments ; however, they only reported {$30000.00} plus escrow on our XX/XX/XXXX Mortgage Interest Statement. When we called to resolve this issue with OCWEN, they simply send us a list of payments with no explanation. They could not explain where the discrepancy in the monies we paid. We are extremely frustrated with OCWEN 's incompetence in handling our account. They have conducted business unethically and have yet to resolve the many issues on our account. We have also contacted VA department to support us in resolving these problems with OCWEN and contacted our Congress representative with help to resolve these constant problems. At this time, we are going to research taking legal action against OCWEN to finally resolve the many issues we are having.Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 90241
Submitted Via: Web
Date Sent: 2017-05-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-05-26
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I had a conventional mortgage until recently. I was serviced by Ocwen Loan Servicing, LLC. I was in the process of selling the property, and there was also a modification in process. The first payment for the modification was due XXXX XXXX 2017 which I paid in a timely manner. The next payment was due XXXX XXXX 2017 which I also paid in a timely manner. When I contacted XXXX, XXXX and XXXX, after selling the property in XXXX 2017, to make sure that Ocwen was no longer reporting the mortgage as having a balance, ( I sold it XXXX XXXX 2017 ), I discovered that Ocwen had reported that two payments in 2017 as being late. This would be impossible. First, as I stated above, the mortgage was in modification status. And, the trial payment for XXXX XXXX 2017, was paid. In addition, I paid XX/XX/XXXX payment, even though I knew I was selling the house in a few days. Thus, there were NO Late payments paid in 2017.
Company Response:
State: TN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-05-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-05-26
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I entered into a trial modification agreement with Ocwen Mortgage and accepted the 3 monthly payment option from them. The initial payments were due XXXX XXXX 2017 , XXXX XXXX 2017 and XXXX XXXX 2017. Although I have made all of the initial payments timely and before the due and ahead of the schedule, these payments are not reflected on any of my credit reports with XXXX , XXXX or XXXX . These payments have not been applied to my account properly and for referenced due dates as listed above. The payments are in a suspended status. This negative action taken by ocwen is negatively affecting my credit score a nd potentially keeping my score from being higher.
Company Response:
State: TN
Zip: 38128
Submitted Via: Web
Date Sent: 2017-05-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-05-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: A Plea for Help This letter is being written as a plea for help. In XX/XX/XXXX I was laid off from my employment and was jobless for approximately 9 months. Subsequently bills fell behind. In addition, I was sued ( Case Number : XXXX ) by my Home Owners Association ( HOA ) XXXX XXXX XXXX XXXX XXXX XXXX , and, unbeknownst to me, and because I was confused about the process and missed the court date, the property fell into foreclosure and the HOA was able to win the case and foreclose on my home. I am now renting from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX , Florida XXXX who now holds a Certificate of Title to the property. Upon possession of the property, this owner threatened to evict me and I had to come up with almost {$2000.00} just to stay in the property. This is an unprecedented process that is on the rise and people are losing their homes for pennies. I am unable to pay the mortgage payment, plus another $ XXXX per month to live in this home. I reached out to you in XX/XX/XXXX , b efore the foreclosure occurred, asking you to pay the HOA and add that amount to my mortgage and I received no response. History of the Foreclosure Process When I was served notice about the hearing regarding the past due HOA fees, the notification was served to my child and I was not home and my son was being harassed regarding his relationship to me. That was done in a very unprofessional manner. Regarding the property value has deteriorated and gone done tremendously since I purchased the home in XX/XX/XXXX . There had been break-ins and burglaries on the rise since I have lived here. There is no security. I had to increase my cost on my alarm system just to feel safe. The added expense is also another reason why I had fallen behind on my HOA fees. This development appears to have more renters than homeowners and it shows through-out the development. The properties are not maintained and kept well due to the renters not being responsible for the homes they are renting. Yards are not being properly cut in a timely manner, causing overgrown weeds, snakes and other dangerous predators, and the kids in the neighborhood throw trash as they are walking throughout the neighborhood. Due to the irresponsible renters, this has caused a significant change in the value of my home. It is impossible for me to sell the property, or put it on the market at a decent price. I did not think it was fair to pay an HOA fee when they were and still are not maintaining anything within the development that I have seen. The prior president left and had taken thousands of dollars and I, nor other homeowners should be penalized under those circumstances. The HOA never contacted me and asked why I was not paying the fees, nor did they appear to care, which is a concern. I had spoken to some of the neighbors within the development, and they were also past due on their fees and were not willing to pay, based on many of the facts listed in this letter. In a court document I requested to have the HOA please contact me directly on my cell phone in order to come to an agreement on what was owed, minus attorneys fees, interest, collection costs, costs incurred and any other additional cost. The claim of lien shows XXXX . The fees started back in XX/XX/XXXX , which I did not agree upon.
Company Response:
State: FL
Zip: 32218
Submitted Via: Web
Date Sent: 2017-05-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A