Date Received: 2017-04-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX MY MORTGAE WAS ASSIGNED TO AMERICAN HOME MTG SER VICING. THIS WAS SIGNED BY XXXX XXXX ( V ICE PRESEIDENT ). XXXX MY MORTGAGE WAS TRANSFERRED TO HOMEWARD. I STARTED WRITING HOMEWARD. QUESTIONING THEM ON CERTAINS PERTAINING TO MY MORGAGE. NEXT THING I KNOW THEY TRANSFERRED THE MORTGAGE TG O OCWEN. I BECAME VERY ILL. I COULD NOT AFFORD MYH MORTGAGE PAYMENTS. I STARTED WRITING OCWEN ASKING THEM IF THEY COULD MODIFY MY MORTGAGE BASED ON THE PRINCIPAL VALUE. THEY DID NOT. XXXX I RECEIVED FORECLOUSURE DOCUMENTS FROM XXXX XXXX XXXX XXXX . I GUESS OCWEN IS PART OF XXXX XXXX . WHEN I GOT MY ATTORNEY IN XXXX I PAID {$700.00} FOR FORENSIC REPORT OF MY MORTGAGE. I FINALLY HEARD FROM THE FORENSIC PERSON XXXX XXXX . I WS TOLD BY THE FORENSIC PERSON THAT MY ATTORNEY WILL CONTACT ME AND GIVE ME COPIES OF THE FORENSIC REPORT. TILL THIS DAY I H AVE NOT HEARD FROM MY ATTORNEY REGARDING THE FORENSIC REPORT OR ANYTHING ELSE OF THAT MATTER. I HAVE LEFT MESSAGES FOR THE ATTORNEY AND NO CALL BACK. I PAY MY ATTORNEY THERE MONEY EVERY MONTH. MY ATTORNEY WANTED ME TO AGREE TO THIS MODIFICATION THAT OCWEN OFFERED, I TOLD THEM I DO NOT AGREE AND IF THEY CAN DO SOMETHING. NOTHING HAS BEEN DONE. I HAVE NOT HEARD ANYTHING BACK REGARDING THE FORENSIC REPORT FROM MY ATTORNEY. I AM SCHEDULED FOR COURT ( TRIAL ) IN XXXX XXXX .
Company Response:
State: FL
Zip: 33312
Submitted Via: Web
Date Sent: 2017-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-04-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: To Whom It May Concern, for years we have been trying to modify our loan. After years of being frustrated, we consulted with an attorney to find out if Ocwen Loan Ser vicing, LLC, herein after referred to as Ocwen, is ev en the entity we are suppose to be dealing with and/or if XXXX XXXX XXXX XXXX XXXX XXXX , hereinafter referred to as XXXX , and/or Ocwen is the act ual entity or entities that have the authority to negotiate our loan. Our main problem is that we have not been table to obtain information that we can trust as to who actually has the rights on our loan. The information provided to us by Ocwen does not demonst rate or evidence a clear chain of title to XXXX nor does it match up to the recorded chain of title in the XXXX XXXX XXXX 's XXXX . The servicing of our loan has not always been with Ocwen. Ocwen received the servicing of our loan after our loan was in default. We believe Ocwen is attempting to collect on a debt that they do not have the authority to collect on and they have falsely represented the character, amount, and legal status of the debt. We also believe that since XXXX recorded their alleged interest in our alleged debt obligation after the alleged debt obligation was already in default, they, too, are nothing more than a debt collector themselves. Based on information and belief, XXXX is not our creditor but a debt collector based on the Fair Debt Collection Practices Act, hereinafter referred to as FDCPA. We are filing this complaint agains t Ocwen becau se we believe their continuous efforts to collect a debt and attempts to foreclosure on our property is in violation of the FDCP A, specifically 15 U.S.C. section 1692f ( 6 ) A which states that a debt collector may not take or threaten to take any nonjudicial action to effect dispossession or disablement of property if there is no present right to possessio n of the property claimed as collateral through an enforceable security interest. They are presently trying to take a nonjudicial action on XXXX XXXX , XXXX . Under the FDCPA a debt collec t may not use unfair or unconscionable means to collect or attempt to collect a debt. Although we presently have a federal lawsuit against Ocwen and have alleged FDCPA violations, Ocwen is still attempting to proceed with a nonjudicial foreclosure. As defined by the FDCPA, Ocwen is a debt collector. As defined by t he FDCPA, XXXX is a debt collector and not a creditor. XXXX can not be a debt collector and a creditor. Only a creditor has the right to enforce a debt. XXXX is not the beneficiary of the debt obligation as claimed. The real creditor is actually unknown to us at this time. We have been informed that a debt collector must prove that we owe the debt and Ocwen a nd XXXX have failed to do that. They can not supply us with copies of documents that are not admissible evidence and believe we are to take the information they give us without adequate suppo rt. Ocwen an d XXXX have failed to demonstrate the money trail to this alleged beneficiary. Furthermore, as a debt collector, Ocwen and XXXX have failed to prove their relationship to the lender. My Deed of Trust says that it is the lender who has the power to do whatever it is he has the power to do within t he four corners of the contract. There is no documentation that evidences that Ocwen is now acting on behalf of the lender. We are filing this complaint with the CFPB because Ocwen and XXXX are blatantly disregarding the law. If we do nothing they will wrongfully and fraudulently take our property and continue to disregard the law. Thank you, XXXX and XXXX XXXX
Company Response:
State: CA
Zip: 92530
Submitted Via: Web
Date Sent: 2017-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-04-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am a victim of dual tracking . Ocwen forclo sed on my home while being reviewed for a modification
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 08618
Submitted Via: Web
Date Sent: 2017-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-04-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX We have been fighting an illegal foreclosure for over 10 years against Ocwen and XXXX XXXX . We are going through an endless nightmare. These companies are the most corrupt criminal enterprises. The physical and emotional abuse they cause is beyond what any human being should ever endure. They are the definition of a true terrorist. Anyone who has dealt with or is dealing with these criminals should be given relief immediately. The lawsuit that the CFPB, state Regulators and Attorney Generals ' have brought against Ocwen will hopefully put the last nail in their coffins. Ocwen and XXXX XXXX , both need to be put out of business for good! These illegal foreclosures have destroyed our way of life in this country. Something needs to be done to make all affected whole again.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MA
Zip: 018XX
Submitted Via: Web
Date Sent: 2017-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-04-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: THERE HAS BEEN A LAWSUIT FILED AGAINST OCWEN XXXX XXXX XXXX _____________________________________________________________________ My name is XXXX XXXX XXXX XXXX , PA. My mortgage is wit h Ocwen Loan Servicing and they are threatening to foreclose on my home and stating that I am missing payments. Which I am not and have bank statement to prove this. I filed a complaint with the Better Business Bureau and CFPB in regards to this matter. In doing my research, I found that Ocwen is notorious for misapplying payments and foreclosing on homeowners even though they were wrong with paperwork etc. Please see my complaint below along with my attachments regarding my complaint/dispute with Ocwen. I 'm hoping you will help me with this matter. I filed chapter XXXX bankruptcy in XXXX and my mortgage was included in my bankruptcy. My bankruptcy was discharged in XXXX , XXXX . Ocwen Loan Servicing was paid by the trustee each month. I paid my mortgage in full each month on time!!!!! I received paperwork from Ocwen Loan Servicing on XXXX / XXXX / XXXX that my mortgage was delinquent in the amount of {$8900.00} for XXXX - XXXX . They are now threatening to foreclose on my home if I do not pay the {$8900.00} by XXXX . I have attached my paperwork that I received from Ocwen, from my bankruptcy, my bank account showing my payments and the paperwork that I printed from the Ocwen website. Also, if they had not received payment from XXXX - XXXX , they would have informed the bankruptcy trustee and my house would have been foreclosed on then!!!!!!!!!!!!!!!!!! ON ONE HA ND THEY SAY I 'M CURRENT AND ON THE OTHER HAND THEY SAY I 'M DELINQUENT. In regards to the information received back to the Better Business Bureau regarding my account, the information that they are stating complete lies made by Ocwen Loan Servicing. They say in their response that it is not their responsibility to let the trustee know that payments are missing from the home owner. LIES!!!!! If I had missed these many payments, which I did n't, then why did n't Ocwen Loan Servicing begin a Motion of Intent to Foreclose back when I " missed '' the first payment? Why did n't they file a Motion ba ck in XXXX ? How is it that I missed month in between the year, but not a full year. Seems like bad bookkeeping to me. On the website it states for XXXX I do not have any payments missing then all of a sudden for XXXX I 'm 180 days late?????? It does not add up. I have mad every last payment to XXXX ( XXXX XXXX before them ) while in my chapter XXXX bankruptcy. Again, if these payments were " missing '' then why was n't the trustee made aware of these " missing '' payments when they were contacted in reference to my discharge. I would not have been discharged if my payments to my creditors and/or the trustee were not made monthly. Oh just somehow I " missed '' XXXX XXXX , XXXX payment but now XXXX - XXXX payments? I missed XXXX XXXX , XXXX XXXX XXXX , XXXX , XXXX XXXX , XXXX and XXXX XXXX , XXXX but not XXXX - XXXX , XXXX , XXXX or XXXX XXXX ? I missed XXXX XXXX , XXXX and XXXX XXXX , XXXX but not XXXX and XXXX or XXXX - XXXX or XXXX ? Oh and just one month of XXXX XXXX , XXXX ? Where are the rest of the months payments for the entire year of XXXX . And no missing payments for XXXX ? THIS IS ABSURB AND ALL LIES. Oh I 'm just missing SOME months out an entire year to not pay for my mortgage knowing full well that I could got into foreclosure if I missed a payment????? THEY NEED TO GO OVER MY PAYMENTS AGAIN AND UPDATE MY RECORDS AS I STATED IN MY COMPLAINT. I DO NOT ACCEPT THIS RESPONSE!!!!! A XXXX XXXX responded back again to the BBB and all he did was submit the same paperwork that he submitted before. LIES YET ONCE AGAIN AND I 'M TIRED OF GOING BACK AND FORTH WITH THIS WHEN CLEARLY OCWEN IS DECEI VING AND LYING. ALL OF MY PAYMENTS FOR XXXX WERE PAID. MY BANK STATEMENTS FOR EVERY PAYMENT IN XXXX WERE PAID. OCWEN HAS SENT OU T 5 DIFF ERENT NOTICIES WITH DIRRENT DATES OF OWED PAYMENTS WITH DIFFERENT AMOUNTS. ALSO, THEY HAVE LIED AND SAID THAT FORECLOSURE PROCEEDINGS HAVE NOT STARTED WHEN INDEED THEY HAVE. SEE THAT PRE-FORECLOSURE NOTIFICATION THAT I RECEIVED FROM OCWEN. My attorney, XXXX XXXX , XXXX has been trying to contact someone at Ocwen in regards to this matter, yet NO ONE at Ocwen will return his call, respond to his faxes or reach out to him.
Company Response:
State: PA
Zip: 19142
Submitted Via: Web
Date Sent: 2017-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-04-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX , we refinanced our loan from XXXX XXXX to XXXX XXXX , who went under. In XXXX XXXX changed it 's name to XXXX and in XXXX it transferred servicing to XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX filed an unlawful detainer summons and complaint in XX/XX/XXXX and again o n XX/XX/XXXX . XXXX XXXX transferred servicing to American Home Mortgage on XXXX but yet all the paper work that was filed in XXXX County Superior Court was done by XXXX & XXXX . In XXXX , XXXX sent us a XXXX -abandoment, which was not filed with the I.R.S. The parties above were represented by XXXX XXXX XXXX XXXX XXXX XXXX , which they made no appearance in court, they sent a XXXX XXXX , XXXX XXXX XXXX XXXX , who worked for XXXX XXXX XXXX , real estate realtor, who American Home M ortgage hired to evict us from our home with no documentation, which we know for a fact because we met with XXXX & American at a Hope seminar at which time they had nothing pertaining to our loan & this was done thru HUD. XXXX Dept of Real Estate took XXXX XXXX license for selling our property & dividing the money among them self 's. We have been trying to get help in XXXX County. We are asking for t he State & Federal to oversee XXXX County as to why no help to consumer 's who lost their home thru wrongful foreclosure. We were escorted out of home by XXXX Sheriff Civil Unit without a Writ issued by the court. This is our second complaint.
Company Response:
State: CA
Zip: 93706
Submitted Via: Web
Date Sent: 2017-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-04-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I just got foreclosure sale date notice today for XXXX XXXX XXXX by certified mail while in the modification proce ss. Ocwen Loan Servicing keeps violating the law over and over again. My California Home Owner Bill of Rights.The attempts to wrongfully foreclose on my home. The foreclosure notice which states that XXXX is the foreclosing party. In California XXXX can not foreclose by law. VOID! VOID! VOID! CALIFORNIA STATE SUPREME COURT RULING XXXX XXXX XXXX . How many more times is Ocwen going to keep breaking the law. It is a crime. FRAUD. People go to prison for commiting FRAUD. But not the PRESIDENT AND CEO and of them that commit FRAUD AND THEFT a t Ocwen. All the fines Ocwen has received from different California agencys has not stopp ed Ocwen from this wa y of doing business. It must STOP NOW. Ocwen is currently under investigation with CALIFORN IA FINANCIAL PROTECTION BUREAU AND OTHER AGENCYS. Ov er 1000 law suits going on right now against them. Al so Class Action Law s uits. I am a victim of Ocwens behavior and it must stop now.
Company Response:
State: CA
Zip: 93611
Submitted Via: Web
Date Sent: 2017-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-04-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Attached Memo
Company Response:
State: TX
Zip: 774XX
Submitted Via: Web
Date Sent: 2017-04-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-04-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On X/XX/2017 I received a call from a representative of OCWEN Loan Servicing i ndicating my loan was in default. I had no idea what he was talking about. He told me that my escrow account was short, I believe XXXX or XXXX XXXX dollars. I had never heard of such with a loan so old ( XXXX years old ). One of the most confusing things about the conversation was he, the representative, could not tell me how he arrived at that figure. Usually the mortgage company will send a copy of the escrow account with how all accounts have been paid, if there are shortages, and when they are due. Finally, after I saw he could not explain himself, I requested a copy of escrow account to be faxed to me. It took a while for him to get the information. I 'm sure they have procedures in place, but it took him a while to get it together. After a while I told him to fax it to me when he got the documents I needed. However, I did receive the fax. After I reviewed the escrow account, I could not understand how they came to their conclusions. So, I called for explanations. There were none, that I could understand. I asked several times ; how did you come up with these projections. I was told RESPA allowed them to use projections but he could not tell me by how much. I kept asking, what 's the criteria for the increases? That question never got answered. I know a {$4000.00} projection or {$400.00} a month is unreal, on this property for sure. Bottom line, my taxes and insurance have been consistent for years. Maybe a little increase here or a little there due to an increase in insurance, but never to the point that payments are increased by {$400.00} a month. That does not make any sense to me. Not only did my payments go up, but my account is now delinquent. That has never happened before. Maybe it 's because I have a low balance and in a good neighborhood, and maybe they are using increased escrow as an excuse to cause problem s. OCWEN Loan Servicing bought thi s loan a few years ago. Until now everything has been pretty good.
Company Response:
State: TX
Zip: 77498
Submitted Via: Web
Date Sent: 2017-04-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-04-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX applied for home modification f or 1 st mortgage thru GMAC. R eplied back stating we did not qualified because of Colorado Unemployment status. Instead offerred a Non Hamp Loan Modification Agreement with Debt Forgiveness o n 2nd mortgage also By GMAC. Reviewed agreement, specifically asked if this was a fixed rate interest of 1 percent for the life of the loan. Stated that we were confused because it para. 4 it states " IF '' a step agreement then the below listed step schedule for increased interest would apply. XXXX XXXX who was presenting the agreement to us stated " No it was not a step rate '' and referred us t o para. 4, 1st sententance that states this is a fixed rate of 1 percent for the life of the loan. If this was a step rate it would clearly state that this is a step rate agreement and the below listed schedule for interest rate increase would be followed. First time Ocwen tried t o increase my interest, I called Customer service and they agreed that this was not a step rate agreement and they would have it fixed. Now beginning in XXXX and contiuing to XXXX they have determined that the step rate schedule is implied and have raised my payments accordinly. Complaint s to Ocwen has resulted in customer service, their research dept, and Omsbudsman stating that para. 4 definitely states that this is a step rate agreement. That the word " IF '' implies this. No where in my agreement does it say that this is a step agreement or that the fixed rate is temporary for a short period of time. It states if and says it is a fixed rate for the life of the loan.It also states in para. 12 that there are no impied agreements by the lender unless written in this agreement. Ocwen keeps adding words in their r esponse that implies action other than what is written in plain english.
Company Response:
State: CO
Zip: 80911
Submitted Via: Web
Date Sent: 2017-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A