Date Received: 2016-08-26
Issue: Settlement process and costs
Subissue:
Consumer Complaint: Some years ago I was paying XXXX a month and went to refinance I was told it would be XXXX a month. When the settle date came the officer came to my house she was from a service. The rate was a lot higher at XXXX I called the bank rep and he said go ahead and sign it will be the XXXX it never did and I could get nothing from him. It killed me and caused me all kinds of financial hardship. I have not been able to make a payment after the XXXX a month drained me. I have been in bad health and have XXXX. The bank was indymac, XXXX, XXXX and someone else. I paid a lawyer who stole XXXX promising me a loan mod & gt ; Mortgage lawyer XXXX was the name. I also went through XXXX XXXX XXXX XXXX 3 times i did the paper work and they had me redo it it was totally finished and submitted by a hud rep XXXX XXXX. I did it a 4th time with XXXX XXXX it was totally completed and then they said we had to redo it because the bank changed. I was scammed into the mortgage and the appraisal on my home was inflated. I asked about it and they said it was ok. I am a minority XXXX and this is not fair. I believe the lender was also racist as I could and should have qualified for a loan mod. I am trying to have a short sale now and have a lawyer but I am not sure what this one really is doing. I have lost a ton of money and can not even pay. I just want this nightmare to end. I tried several times to find out what legal action I could have and was turned away. Seems like people of color always are. I need help what was done to me is wrong I have been bankrupted and almost divorced. It has been hard to sleep or live for years. I have been threatened and embarrassed to the utmost a man came to my house at XXXX one time and taped papers to my door. I have not paid and I was promised a trial mortgage by my crooked lawyer who had me list the house and then tried to buy it in short sale but i would not sign when i found out he was part of the deal. XXXX, Indymac and whoever else isaoa has been horrible to deal with. I think they just want the house. I have kept it up hoping that i can get somekind of relief. I want to pay but not XXXX a month its not fair and is criminal i have been in contact with the bank and feel they are racist and do not want to help me .Please help me Please this can not keep happening to people of color in this XXXX
Company Response:
State: MD
Zip: 21771
Submitted Via: Web
Date Sent: 2016-08-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-08-26
Issue: Credit decision / Underwriting
Subissue:
Consumer Complaint: This complaint is a continuation of complaints filed over the last 3 years against Ocwen Loan Servicing LLC, and assigners.Please see the history of this complaint to supplement this complaint. In XXXX of XXXX, I entered into a modification agreement with Ocwen Loan Servicing , LLC, to modify my monthly loan payments. The result was my mortgage payment was adjusted to {$690.00}, per month. Upon completing the ( XXXX ) trial mortgage payments in XXXX of XXXX, the modification became permanent. However, the very next month, XXXX of XXXX, Ocwen breached the agreement, by increasing the payment. The month after that, XXXX of XXXX, the payment was increased again. The documentation of the modification and increases in payments are stored in the history of my complaint file. ( Please refer to those documents for proof. ) Since the initial breach, the Consumer Financial Protection Bureau ( CFPB ), et al, has won a court order against several mortgage companies, including Ocwen, that mandates these companies are to, among other things, provide modifications that will lower monthly mortgage payments so that consumers can afford to maintain ownership of their homes. Ocwen has been in constant breach of that " court-order '' as well. Today, I am still suffering from the many breaches that Ocwen continues to perpetrate against me, and it has caused me mental anguish ( intentional infliction of emotional distress ), and financial devastation. As of this writing, I have applied for another modification to lower my {$810.00} mortgage payment to a lower amount that would be affordable for a XXXX ( which I am ) person, managing on a XXXX benefit below {$1400.00} per month. However, instead of lowering the payment by : a. reducing the principal, b. approving a HAMP loan under the Making Homes Affordable Program, or c. extending the term by a sufficient amount of years to lower the payment, Ocwen has increased the payment by XXXX dollars ( {$9.00} and change. Please see attached. ) It is clear that Ocwen could have extended the term more, or it would not have extended it the XXXX ( XXXX ) year that it did. This shows a callous disregard for the court-order ( of XXXX ), et al, and me as a consumer, specifically. It 's also a violation of the Truth in Lending Laws:15 U.S.C. 1601-1667f, as amended, et al. The result of Ocwen 's reckless disregard for the court, CFPB, and its consumers, is more suffering and distress for me. Therefore, I demand that the CFPB enforce the court order that it won to force these predatory lenders to act responsibly and modify mortgages in such a way that helps, not hurts, their customers!!
Company Response:
State: TN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-08-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: ATT : CUSTOMER SERVICE LOAN ID : XXXX CFPB Complaint # XXXX/XXXX/XXXX XXXX XXXX XXXX is the Servicer on my mortgage ( XXXX ). One West Bank ( XXXX ) is the Investor on this mortgage. The mortgage originated with IndyMac XXXX/XXXX/XXXX. One West Bank has held homeowner in extended processing for over 5 years. XXXX XXXX is XXXX of the original Servicers along with XXXX. Currently XXXX the servicer is not evaluating documents properly. Homeowner has submitted the RMA requesting modification over three times and the same results : lost paperwork, lost statement of income/ proof if income : then denied without explanation. The most recent denial was on XXXX XXXX, XXXX. Homeowner has generated a NPV Report, data collection date of XXXX/XXXX/XXXX and shows homeowner can possibly qualify for a modification. Homeowner has been in default since XXXX/XXXX/XXXX. Homeowner is formally appealing the denial based on errors in home value, income and comparable recent sales : recent comp is {$230000.00}, sold in XXXX XXXX, XXXX. The income, DTI and LTV Loan to Values used by the services in the denial of the RMA application are in error. I have provided a recent NPV Report dated XXXX XXXX to show more than 2 errors on the processors side : 1. The estimated homeowners value is overstated ; off by {$290000.00} 2. Current street value of the home is {$230000.00} as of XXXX/XXXX/XXXX. 3. Current Street Value base on recent comp sold at {$230000.00} XXXX/XXXX/XXXX. The servicer has commenced double tracking while homeowner was acting in good faith under the XXXX XXXX Agreement : the National Mortgage Settlement Agreement. Servicer has denied the homeowner a modification when was qualified. The servicer ' is discriminating against homeowner claims, in a form of reverse discrimination ; holding the mortgage in extended processing, denying a loan modification while homeowner is qualified, lost documents when homeowner has already provided. This homeowner, feels that their case has been unfairly treated for the following reasons : 1. No active single point of contact, constantly changing, when calls made to the single point of contact, routine routed to the collection department, never the same contact person. 2. A Single point of contact was assigned ; calls were made to the point of contact : the calls were never returned by the contact. Calls returned were from the collection department and never the same so called : " relationship manager ''. 3. The servicer has held the homeowner in extended process in bad faith, during which the value of property has increased and fallen for 960 days from XXXX/XXXX/XXXX to XXXX/XXXX/XXXX. 4. On the last RMA application : all requested documents were provided as requested. Homeowner has confirmation via fax that documents were received by the service, bank claims that documents lost. 5. Homeowner has made numerous calls ( XXXX ) inquiring on status of application, as a foreclosure date has been set and reset ; calls were routed to next available collection department agent, comments were : A ) wrongfully advised that documents were not submitted, or B ) documents were submitted, or C ) resubmit documents because documents lost, or D ) the foreclosure date is set and homeowner is responsible for not providing the requested documents : these XXXX points are causing a state of confusion and terror to the homeowner. 6. Servicer started a double tracking procedure upon the notice of default. The foreclosure agent was aware of the loan modification in process, and moved forward with the double tracking anyway. This is a clear violation under the National Mortgage Settlement Agreement ; specifically double tracking while homeowner provided all documents under good faith. 7. Homeowner has not been updated with date of foreclosure sale.
Company Response:
State: NY
Zip: 11234
Submitted Via: Web
Date Sent: 2016-08-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-25
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: We are purchasing a property from XXXX TRSTEE of a REO that OCWEN LOAN SERVICING LLC was/is the servicer and the property address is XXXX XXXX XXXX XXXX, XXXX XXXX, FL XXXX. The property was listed in the Florida XXXX and was listed through a broker, so Florida Statue, 475 ( FS ) would applies regardless if the property was sent to Auction. After being told that the prior winner of the auction decided not to move forward, we were told that we would have to go up to highest and best offer and won the bid. We did an inspection within the inspection period and objected to title issues on their title commitment of liens and violations that the servicers knew of and was dealing with correcting with the City of XXXX XXXX for over a year ( This was not disclosed as well ). And although the contract was AS-IS, we could do an inspection, and we had an objection clause for title within a certain period. We knew that the seller has had XXXX previous buyers that walked, and they were presented with an inspection report within the past XXXX moth to a year. So Ocwen and the Listing Agent were both aware of these issues on the inspection report and they did not disclose to us or in the XXXX. I sent an email with the inspection to the seller 's title company and our point person XXXX XXXX, Closing Coordinator, XXXX XXXX XXXX XXXXXXXXXXXX, P : XXXX | Ext. XXXX F : ( XXXX ) XXXX, that we explain that there are over $ XXXX of deficiencies in the home, including mold issues, we had requested that the lender replace the pool pump and heater, correct the improper sprinkler pump they paid someone to installed without a permit ( hazard & electrocution issue ) so at least the lawn can be watered to reduce the weed issues, replace the stolen AC condenser and replace both Electrical Panels ( illegal now and can not be insured ) and we would take care of the interior electrical issues, mold and other issues as per inspection report. I also explained that since this is a primary resident we are buying and we have been watching the home for over 2 years. They said they would review our inspection report and the seller/lender would review our request. They said the lender/seller would give us some credits for repairs, and we replied what was the amount of the " some credit '' did the investor had in mind? We need to lock this down sooner rather than later so we feel certain of this transaction closing. The seller/lender came back stating that price reduction we requested and they approved was now all we were getting. We explained that that reduction we requested was based on the fact that the property value vs. auction price was overvalued, which we provided comps to validate our statement. And since the seller, the listing agent & their preservation company did not disclose known defects that they were aware of ; constitute misrepresentation, so " Caveat Emptor '' does not apply when seller & realtor withheld facts of material defects affecting the home and its value, which is not readily observable and are not known to buyers, the seller is under duty to disclose and Florida Statue 475, FL, has extended that duty to real estate licensees ( the listing Broker ) selling residential properties, see XXXX XXXX XXXX, and since the XXXX showed no such addendum or disclosures were provided, this constitutes fraudulent misrepresentation and concealment. Ocwen is notorious for doing what they want, they own the auction house and the title company, so we are not sure if these decisions are coming from Ocwen or the title company is taking upon itself to not present our issues and making autonomous decisions on their own. Please us. Also, title company tried to deceived us by sending us only partial liens, of $ XXXX, $ XXXX, $ XXXX and with held the a fourth lien on title totaling {$170000.00}. Luckily we ordered our own lien search.
Company Response:
State: FL
Zip: 33071
Submitted Via: Web
Date Sent: 2016-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-24
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have requested on XXXX occasions a " life of loan payment history " from Ocwen loan servicing on XXXX loans they service. They took over servicing from bankrupt GMAC/XXXX bank in XXXX. These XXXX loans are adjustable rate mortgages and I question the principle balances reflected on my statements. These loans originated in XXXX and XXXX. To date they are unable or unwilling to supply me with the " life of loan payment history '' every borrower is entitled to upon request. Please help resolve this problem with Ocwen.
Company Response:
State: AZ
Zip: 85326
Submitted Via: Web
Date Sent: 2016-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-08-24
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I am a victim of mortgage foreclosure fraud since XXXX XXXX, XXXX. My previous CFPB complaint # XXXX is unresolved. My previous Office of the Comptroller of Currency XXXX is unresolved. Although I had an Independent Foreclosure Reveiw and received payments as a result of the federal banking regulators enforcement action against Litton Loan Servicing for deficient mortgage servicing and foreclosure processes, recently as XXXX XXXX, XXXX, ( XXXX XXXX XXXX. # XXXX ) I am still the Defendant in foreclosure XXXX CH XXXX before the XXXX XXXX XXXX XXXX, XXXX IL. XXXX XXXX XXXX apparently processed me as part of the process as revealed in XXXX U.S. ex rel. XXXX XXXX XXXX XXXX XXXX XXXX XXXX et al., case number XXXX, in the U.S. District Court for XXXX XXXX XXXX of New York . I have been repeatedly denied my right to participate in AG settlements with XXXX ( IL ), XXXX XXXX XXXX XXXX, the CFPB settlement with Ocwen Loan Servicing, and other enforcement actions. I have received compensation from the Federal Reserve, for the deficient mortgage servicing practices of Litton Loan Servicing, only to be replaced with the mortgage fraud of Ocwen Loan Servicing. Ocwen Loan Servicing has committed perjury in XXXX trials in XXXX CH XXXX, and Ocwen XXXX, who reported to the SEC that it debanked in XXXX and is no longer an entity regulated by the Office of Thrift Supervision, is currently an ongoing concern committed to pay property taxes for my property in XXXX XXXX, Illinois from XXXX. Multiple instances of " evidence of business records '' have been manufactured to mislead the Court, and create the illusion that a fictitious Plaintiff has the capacity and standing to foreclose. I have challenged standing, capacity, and alleged fraud since XXXX XXXX, XXXX. I have been prosecuted in foreclosure for almost 8 years, by a Plaintiff Trust that does not exist. These national entities are working in conspiracy with corrupt local officials. The scheme is complex and ongoing. I would appreciate a declaration if XXXX, as Successor Trustee to XXXX XXXX XXXX, as Successor Trustee to XXXX as Trustee to the XXXX XXXX Mortgage pass Through Certificates dated as of XXXX XXXX, XXXX exists, ( it does not ) and since it does not, demand the accountable party XXXX, as successor to the XXXX XXXX XXXX XXXX, to implement and execute my participation in any homeowner relief based upon my appraised property value of ( $ XXXX ) and the return of the {$52000.00} surplus in my escrow account as stated by Ocwen Loan Servcing, and all payments $ XXXX made to the fictitious plaintiff and XXXX, plus attorney fees. Further, I want Ocwen Financial Corp., a public company, to explain how Ocwen XXXX, ( Ocwen XXXX ), which was regulated by the Office of Thrift Supervision, and which also debanked in XXXX of XXXX, can continue to exist as a going concern and can " commit to pay '' my property tax bills, beginning in XXXX and continuing through at least XXXX. My understanding is that Ocwen Loan Servicing is now regulated by entities other than the Office of Thrift Supervision ( Office of the Comptroller of Currency ). Ocwen has sworn under oath that my loan was not sold to XXXX or XXXX XXXX, which is proven perjury, according to the settlement in XXXX, XXXX of New York. If the CFPB is an efffective consumer protection agency, it can demand that the mortgage fraud committed by Ocwen Loan Servicing Cease and Desist, and compel them to compensate all homeowners who have been adversely affected by the continuing practice of mortgage foreclosure fraud.
Company Response:
State: IL
Zip: 60046
Submitted Via: Web
Date Sent: 2016-08-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-08-22
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: This now my 3rd complaint and the XXXX previous times OCWEN has told me they have addressed the issue when it has not been addressed. I have received partial answers and submitted my responses view this portal yet my complaint gets closed out with no resolve. My biggest issue is proving my actual debt yet every history I receive somehow does not include critical transaction like my misapplied payments and when they have been reapplied. I would like to have that addressed. I have also asked about the negative reporting against my mortgage. My issue is that negative reporting continues even while the debt is in dispute despite the fact that negative reporting is to cease when the debt is in dispute. I am a service member and was moved out of the home when I received orders but was trapped do to my developer going under. The reporting and the lack of transparent, clear answers is having a financial impact on me and now runs a risk of impacting my job through my clearance. I am being damaged because I am dismissed and have been dismissed while fighting this issue for years now. While things have improved as OCWEN has begun to come into compliance with the National Mortgage Settlement it still fall short. I am also still receiving collection calls while the debt is in dispute which is not supposed to happen and it has taken 3 months and several phone calls just to get an ESCROW analysis when I have n't received on in years. I appreciate what has been done thus far such as finally providing a case manager while falling short of the legal requirement for years but things are still not being met.
Company Response:
State: FL
Zip: 322XX
Submitted Via: Web
Date Sent: 2016-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-22
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen Loan Servicing , LLC, and I entered into a modification agreement, on or about XXXX XXXX, 2016. The terms state the the down payment is to be paid on XXXX XXXX, 2016. Each month thereafter, I am to pay the same amount each month by the end of the grace period, which is the XXXX of the month. However, today, I received a letter entitled " DELINQUENCY NOTICE '' demanding payment for payments that have been absorbed by the modification, which is not due until XXXX XXXX, 2016. I consider this : 1. ) harassment, 2. breach of contract, and 3. ) against the laws governing mortgagors and loan servicing agencies under the Fair Debt Practices Collections Act, et al.
Company Response:
State: TN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-24
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XXXX XXXX, 2016 To : Ocwen Loan Servicing LLC XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX ( XXXX ) XXXX RE : Account XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX This letter is to inform OCWEN Loan Servicing LLC of the following ; I, XXXX XXXX, have tried several times to speak with assigned " relationship manager '' XXXX XXXX, whom Ocwen has designated however every attempt has been unsuccessful to date. I, XXXX XXXX have had several appointments scheduled with XXXX XXXX, however on more than one occasion XXXX XXXX assigned another Ocwen rep to call and/or XXXX XXXX failed to call to assist myself in this matter. The most recent failed appointment dated XXXX/XXXX/2016 where I was informed XXXX XXXX had " changed her schedule '' and was no longer able to speak to me at this designated time. Several Ocwen employees whom I have spoken with have given me different answers and misled me to believe I could easily work with Ocwen to resolve this debt. The last payment received to the above account was received on-line dating XXXX/XXXX/2016. Ocwen applied this payment to " escrow '' rather than applying it as a monthly payment so as to make it appear I have not made monthly payments. I can prove consecutive monthly payments upon request. Ocwen has disabled my ability to pay this debt on-line since receiving the above dated payment. On XXXX/XXXX/2016, as advised by an Ocwen representative, a payment of {$7000.00} was attempted via " XXXX '' however was declined electronically by Ocwen. On XXXX/XXXX/2016, as advised by an Ocwen representative, a payment in the sum of {$3000.00} was express mailed to Ocwen however has not been applied to the above account and/or returned to date. An escrow account with XXXX XXXX has now been established to hold all monies regarding this account until a resolution can be reached. Said escrow account number is as follows ; XXXX I, XXXX XXXX have been informed by several Ocwen representatives that the above account has now been turned over for foreclosure. To date I have not been contacted by a local attorney and/or foreclosure representative. I, XXXX XXXX continue to receive threatening letters from Ocwen Loan Servicing to foreclose on my home. I have yet to speak to a representative whom can help me ; all have misled me. I have yet to date be answered that this threatening foreclose is a negotiable instrument pursuant to XXXX state law. CC ; OCWEN Loan Servicing LLC Ocwen relationship mgr XXXX XXXX XXXX of the XXXX Attorney General XXXX XXXX XXXX XXXX
Company Response:
State: NH
Zip: 032XX
Submitted Via: Web
Date Sent: 2016-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-08-22
Issue: Settlement process and costs
Subissue:
Consumer Complaint: I already have submitted a complaint. I am writing further to inform you that the Franchise Tax Board, State of California, has recorded a Lien against my property. This means any sale, transfer or rental is illegal. Pass it on to the subject ( s ) of my complaint. I have no mortgage, nor have I had one ever with Ocwen Loans, or any of the other parties so connected. I am the registered, Deeded owner, and I have sent documents to illustrate this fact.
Company Response:
State: CA
Zip: 94538
Submitted Via: Web
Date Sent: 2016-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No