Date Received: 2016-12-28
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Well in XXXX I filed chapter XXXX bankruptcy I believe my first payment started XXXX of XXXX and a correspondence I got from wells Fargo its stated that I was past due in XXXX all the way back from XXXX I ask Wells Fargo what happened to the {$1800.00} a month I paid to my chapter XXXX for almost 2 years considering they were my only creditor on my chapter XXXX they responded their documentation is correct so I requested payment history from the XXXX County Court Clerk 's Office and regards to payments made to Wells Fargo on my behalf I 've been went to XXXX which is a service provider for Wells Fargo and printed out payment history from XXXX of XXXX until current date which is XXXX XXXX XXXX when I entered in XXXX of XXXX XXXX XXXX the only payment they have recorded started in XXXX XXXX of XXXX although my bankruptcy payments started XXXX of XXXX so I added up each month from XXXX XXXX and in XXXX of XXXX the court sent Wells Fargo {$2600.00} and then in XXXX they sent them {$1300.00} then in XXXX they sent them {$870.00} and in XXXX {$380.00} XXXX XXXX {$3.00} and in XXXX {$1000.00} and in XXXX {$770.00} and then starting in XXXX in XXXX XXXX the courts sent them {$1500.00} and in XXXX {$1100.00} and then in XXXX {$1100.00} and in XXXX {$1100.00} and then in XXXX {$740.00} and then {$740.00} and then another payment came in XXXX of XXXX and it was only for {$7.00} so not only are several of the payments from XXXX not being reflected on my mortgage loan but all of XXXX payments are not being reflected on my balance or payments and then which I will provide documentation verifying those amounts from the courts and then payment statements from XXXX who is the service provider of Wells Fargo. Then amount I have paid and that is not reflecting on my pay history is not a small amount it is a very large amount and may be the reason Wells Fargo stated that my loan was due for XXXX payment in XXXX considering they did n't post over a years worth of payments from the courts.
Company Response:
State: OK
Zip: 73160
Submitted Via: Web
Date Sent: 2017-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been trying to get a loan modification with Ocwen. Over the last three months I have been given conflicting information. Some examples of this are : 1. On XX/XX/XXXX I spoke with Loss mitigation rep XXXX ID # XXXX. She confirmed she received my profit & loss statement through XX/XX/2016. On XX/XX/XXXX XXXX XXXX ( XXXX ) ID # XXXX told me they never received any profit and loss statement from me and it needed to be resent. 2. On XX/XX/XXXX I spoke w/ XXXX ID # XXXX who told me I needed to send in a new RMA and paystubs and an explanation for a discrepancy ocwen claimed was in the YTD of my payroll ( they refuse to send this 'discrepancy ' in writing so it can be reviewed. I see no discrepancy and neither does my payroll manager. ) on XX/XX/XXXX XXXX ID # XXXX told me those documents were never requested. 3. On XX/XX/XXXX I asked XXXX # XXXX to escalate the file as I felt I was being given false information and there was a lack of competency on the part of Ocwen and my modification. She said she did n't know how to do that or what that was. After I told her I was going to complain to the CFPB, she told me she COULD escalate the file. She refused to comply until threatened with the complaint. Basically, Ocwen is fighting me tooth and nail because they want to illegally foreclose on my home. They so far refuse to review me for loan modification in good faith. I have been lied to given false information over and over. I need help.
Company Response:
State: SC
Zip: 29073
Submitted Via: Web
Date Sent: 2016-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: A loan modification request XXXX HAMP was requested and submitted over XXXX year ago with all supporting documentation. My XXXX request showed sufficient income to not only qualify under HAMP program, but to repay my mortgage and start making mortgage payments. In XX/XX/2016, the lender OCWEN wrote a letter advising that the modification was being denied due to insufficient income. However, the income noted on the XXXX shows a surplus every month. The letter although authored o XX/XX/2016 did not get mailed till XX/XX/2016 a month later, without sufficient time to appeal the decision. An incorrect decision was made regarding this loan modification request on my primary residence since HAMP should have been awarded.
Company Response:
State: FL
Zip: 331XX
Submitted Via: Web
Date Sent: 2016-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-27
Issue: Disclosure verification of debt
Subissue: Not given enough info to verify debt
Consumer Complaint: I requested validation of my debt from Ocwen Loan servicing because the what they are saying I owe Is not right. They told me that they do n't have to validate the debt. This is a violation of the FDCPA
Company Response:
State: TX
Zip: 77388
Submitted Via: Web
Date Sent: 2016-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-27
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I SEE XXXX LATE PAYMENTS REPORTED ( CREDIT ) IN MY MORGAGE AND I HAVE ASK THIS BANK FOR THEM TO MOVE THE DUE DAY OF MY MORTGATE TO THE XXXX OF EVERY MONTH OR BECAUSE I GET PAY ON A BI-WEEKLY BASIS. I AM STILL PAYING FOR MY MORTGAGE AND THIS IS NOT FAIR.
Company Response:
State: NY
Zip: 11419
Submitted Via: Web
Date Sent: 2016-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-26
Issue: Settlement process and costs
Subissue:
Consumer Complaint: In 2013 I had modification done on my home mortgage due to a financial hardship brought on my medical issues. I did it to lower my interest rate and make my payment more affordable. Ocwen mortgage services my loan and has for several year. They offered a XXXX Modification. That was the only option they offered. They said that if I sold the property or refinanced they would take a portion of the equity in the home as payment for me being able to reduce my interest rate. the reduction was only about 1 %. I asked at the time if the XXXX was based on the current value of the home or if it would be based on future value. The Ocwen rep told me it would be based on current value. When the sent me the paper work to sign a rep From Ocwen was on the phone with me at signing to go over all the details, when we got to the portion of the paperwork that discussed the XXXX amount I asked, again before I signed if it was to be based on current or future value. Once again I was told it was based on current value which would be about {$2000.00}. I signed based off of the information I was given twice by there rep. I am currently trying to refinance and cut my interest rate by more than half. When the mortgage service I am going through got the pay off from Ocwen it has an additional {$13000.00} added to it for the XXXX. When I called them to asked how it jumped to that amount they told me because of the current home value. When I asked why they were taking current value instead of the value of the home in 2013 they said because that was what the agreement stated and they refuse to lower the amount. I explained what I was told twice by THEIR rep what the amount was based on and they pretty much told me tough luck, even though their rep was supposed to know more than me and be able to answer my questions knowledgably and gave me false information. I would just have to deal with it and if I wanted to refinance that I would have to pay the extra {$13000.00}. Because that amount raises my LTV so much I am not able to have the loan refinanced because it puts me out of compliance for a new loan. So therefore I have to stay with Ocwen at a higher rate,, and payment and the more my home value increases the more they can take from me. I think when you are closing on a loan, refi or modification and you do n't understand something on the contract and you specifically asked the rep a question and are given a specific answer they should have to stick by the answer given by their rep. After all, the are the experts, not me. I feel like I have been grossly mislead and taken advantage of my Ocwen Mortgage services.
Company Response:
State: TN
Zip: 37075
Submitted Via: Web
Date Sent: 2016-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-12-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I 'm filing a complaint against my loan servicer Ocwen Loan Servicing ( OLS ), for illegal foreclosure and violations to the California XXXX ( XXXX ). Also violations to the Ocwen National Mortgage Settlement ( ONMS ), which explicitly requires OLS, to maintain a transparent and fair loan modification review process, due to their track record of abuse.My personal abuse began 2 years ago when OLS, returned XXXX of my mortgage payments claiming that my loan was required to be modified in order to lower the payments and interest rate. What was confusing is that I was not behind on payments, nor did I need a lower rate.At the time the XXXX payments were returned, my loan was fixed with a 2 % rate ; and as previously stated my loan was not delinquent.The agent advised me that since my rate was so low, that I could be eligible for a principle reduction which could also potentially lower my payment. I had never had troubles making my payments, so I was not familiar with the term " modification '' .Since then my loan has been under review on and off for the entire 2 year duration to no end. OLS, has placed me in and out of review for modification, because they would always ask for additional documents, or the same documents and in some cases more documents. It was a relentless vicious cycle of documents streaming to their offices and countless single point of contact ( SPOC ) assigned as well, which indeed contributed to a convulsed process from beginning to end.The most recent set of events leading up to the sale of my home on XXXX XXXX, 2016, with no prior notice nor warning. Clear violation to XXXX. XXXX. XXXX XXXX. This letter or notice indicating a " complete package '' was dated for XXXX XXXX, 2016, and sent via regular mail only 3 days prior to the sale of my home.I had a conference call appointment that was with the SPOC named XXXX XXXX, set up for XXXX XXXX, 2016. She called and I picked up the phone on the third ring however she had hung up, so immediately called back. OLS, male agent advised that he could not patch my call through to XXXX, because their system did not allow him to do so. He did advise me that he would instant message her that I 'd returned the call. I had faxed XXXX, all of the most recently requested documents which were profit and loss statements and bank statements. I called back to OLS, several times between XXXX XXXX, 2016 and XXXX XXXX, 2016. To my shock I was contacted by a local realtor friend of mine on Monday XXXX XXXX, 2016, informing that she had seen that my home was sold at auction on XXXX XXXX, 2016.I was completely blindsided, in fact I had just spoken with an OLS agent on Friday, XXXX XXXX, 2016 and I was still not informed of any type of sale date pending action nor an executed action of sale just the day before. My home holds approximately $ XXXX in positive equity, which OLS has stolen due to their predatory ways.My home was sold by OLS, sister company XXXX XXXX ( XXXX ) with no prior notice of sale. XXXX, has failed to follow any of the California foreclosure statues under XXXX XXXX XXXX. Seq. for non-judicial foreclosure. OLS and XXXX, violated XXXX. XXXX. XXXX XXXX regarding communications with a designated SPOC, also XXXX. XXXX. XXXX XXXX which strictly prohibits the act of " dual tracking ''. Furthermore, XXXX violated multiple communication requirements under the XXXX, they failed to post notice on my home indicating date, time and location of a sale. They have also failed to publish a notice of sale in our local Newspaper. They have also failed to record a sale date action with the XXXX county recorder 's offices.OLS and XXXX, acted in a manner deemed unfair and not in good faith, and were and the modification review process was a mere " smoke screen '' for them to lull me into a state of complacency while the home was being foreclosed upon.
Company Response:
State: CA
Zip: 92264
Submitted Via: Web
Date Sent: 2016-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: On XXXX/XXXX/2016 I made a monthly loan payment using phone system per Ocwen phone menu prompts On XXXX/XXXX/2016 I received an email that payment has been received But on XXXX/XXXX/2016 I received a letter saying that the payment was reversed due to no account found and ocwen added about {$160.00} as late and return payment charge. I have been using same account to pay ocwen. Had I not received a confirmation that your payment has been received from ocwen on XXXX/XXXX/2016 I would have contacted ocwen and made a payment. Providing inaccurate information via email and then assessing and demanding late payment is not a fair business practice. I made a payment already on XXXX/XXXX/2016 in the amount of XXXX instead of XXXX ( XXXX dollars more ) please credit this extra amount and please work on improving you system so that customers do n't get charged late payment and compromise their credit history too. Thank you
Company Response:
State: VA
Zip: 20152
Submitted Via: Web
Date Sent: 2016-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-12-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX XXXX XXXX Per a previous CFPB complaint with Ocwen Loan Servicing, Ocwen raised an additional question that must be answered. Please provide a written response along with documentation to each of our questions. Ocwen Loan Servicing stated that our investor loan number is XXXX. Now, this investor loan number ( XXXX ) belongs to XXXX which is on a copy of our Note and Deed of Trust. This loan was created on XXXX XXXX XXXX with XXXX. Ocwen is fully aware that XXXX and all of its affiliates went chapter XXXX in the District of Delaware on XXXX XXXX XXXX, file # XXXX. This means that XXXX is not the investor any more and is a non-existent company. First, why did Ocwen fail to provide the current investor loan number as we requested? Second, what is the correct investor loan number? Third, what investor or company does this investor loan number belong too? Forth, the information that we are seeking is NOT proprietary and confidential but rather Ocwen Loan Servicing considers this information confidential. Since this information pertains to our loan, we are entitled to have this information. So, why is Ocwen Loan Serving failing to answer our entire questions in detail and provide us documentation as we requested? Fifth, the investor of our loan is NOT XXXX, so please do not provide XXXX loan number! If Ocwen does claim that XXXX is the owner of our loan, then we request documentation that this loan was sold from a previous investor to XXXX and not transferred or assigned which was done unlawfully by Ocwen Loan Servicing, claiming to be the assistant secretary for XXXX XXXX, per the Assignment of Deed of Trust dated XXXX XXXX XXXX. NOTE : Since XXXX XXXX is not the investor per the Deed of Trust dated XXXX XXXX XXXX ; XXXX XXXX can not legally sell, transfer or assign our Deed of Trust to another investor or company! A Deed of Trust allows the current lender to foreclose and sell the property if a person does not make their mortgage payments. Per documentation, an Assignment of Deed of Trust allows the lender to sell the loan to a different lender. A mortgage lender is the only person or company that can legally sell a mortgage and provide an Assignment of Deed of Trust anytime before it is paid off! Sixth, is Ocwen Loan Servicing aware of the fraud that has occurred with our Note/Deed of Trust? Seventh, due to the fraud that has occurred, is that the reason that no one that is affiliated with our Note/Deed of Trust will not answer our questions and provide documentation as we have requested? Eighth, is Ocwen Loan Servicing aware that a state or federal court order can be issued for Ocwen to comply and answer all of our questions under oath? Ninth, is a court order needed to have Ocwen Loan Servicing comply with our requests, answer truthfully and provide documentation?
Company Response:
State: NV
Zip: 89156
Submitted Via: Web
Date Sent: 2016-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-12-25
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen is not applying my weekly payments properly and are indicating my payment is past due. I have been making weekly payments on my mortgage as soon as i was able - the total amount has been applied to principle and " unapplied funds '' rather than being applied as described on their website where my autodraft was set up.
Company Response:
State: AZ
Zip: 85048
Submitted Via: Web
Date Sent: 2016-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No