Date Received: 2016-07-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: The servicer is OCWEN who has scheduled another foreclosure on my property on XXXX XXXX, XXXX, which I would like cancelled. This case is connected to XXXX others, all interrelated including a natural or man-made disaster case, # XXXX, and a consumer law violations case, # XXXX. This complaint is about OCWEN 's violating the requirements in the Consent Order concerning application of the NMS to OCWEN by the NY State Dept or XXXX Services and the CFPB ( hereinafter referred to as the " NMS Consent Order '' ). The issues here are continuing ones about OCWEN 's attempting to foreclose on my property on XXXX XXXX, XXXX despite an outstanding offer to buy the property, a request for a moratorium of 90 days to address natural and man-made disasters that have hit the house, despite the fact that the house is underwater, despite the fact that XXXX other complaints have been filed ; XXXX concerning the natural and man-made disasters, and the XXXX about the plethora of consumer law and NMS Consent Order violations that OCWEN has committed that prohibit any foreclosure, and need to be addressed. This complaint focuses on violations OCWEN has committed of specific NMS Consent Order requirements that go to the heart of the Consent Order on issues like -- robosigning and fraudulent assignments, broken chain of title, dual-tracking, the effect of unendorsed Notes in securitization and lack of standing to foreclose. A final issue involves voiding the transaction because of unlicensed brokers and lenders making home or mortgage loans without a lending license, or a corporation not being registered in the state where they conduct significant business. I have provided documentation proving assertions that the mortgage bank involved here, XXXX, was not licensed and not a registered corporation based on a proper examination of the documentation in the case ; so the loan is void. This and the other issues are fundamental to the NMS Consent Order in terms of making sure any action taken is based on proper and legal documentation. However, despite calling their attention to these issues, OCWEN has made the decision to ignore the facts in violation of the NMS Consent Order. ROBOSIGNING. Robosigning is fraud whereby people sign other 's names, claim official bank titles which they do not have, notarize falsely, or otherwise fill out and sign important real estate documents without any authority whatsoever. Robosigning companies were set up to service the banks and trusts to make up documentation the banks and trusts could use to complete their files so they could foreclose on borrowers with impunity. Companies like XXXX and XXXX had robosigning mills until the publicity shut them down. Now the big banks and servicers have specialized units under other corporate names to do the same thing as a matter of convenience if they are missing paperwork because loans were made so fast between XXXX to XXXX that documents were often missing. Some of these quieter robosigning operations work in Florida, South Carolina, Mississippi, California and Iowa. Fraudulent or forged real estate documents like deeds, assignments, allonges, and affidavits for foreclosure are documents that when discovered are marked VOID. The chain of title is also broken. Real estate titles can not pass by virtue of fraudulent documents. If a document is determined to be fraudulent it has to be replaced legally if it can or else no title can pass with the fraud and the alleged owners claiming title to the property do not have authority to foreclose, nor standing to bring actions to claim and take the property because they have no ownership due to the fraudulent documents. XXXX robosigner on a document makes it fraudulent and void. I have XXXX robosigners on XXXX different assignments related to my property. Exhibit XXXX contains the first page of the security deed for refer
Company Response:
State: GA
Zip: 30305
Submitted Via: Web
Date Sent: 2016-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-29
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen Loan Servicing , LLC has not accounted for {$48000.00} in loan payments I sent in from XXXX XXXX thru XXXX XXXX. My account need to be adjusted to reflect a {$48000.00} principal reduction The Security and Exchange Commission is aware of the Defective Mortgage loan that 's a part of XXXX XXXX XXXX XXXX XXXX XXXX is a violation
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen Bank foreclosed on my home in California. I applied 48 times for a modification, via certified mail. I have been in the XXXX XXXX 24 years and I got out of the Military in XX/XX/XXXX. Ocwen is evicting me on XXXX XXXX XXXX. Can you please help me? I know they never processed any of my paperwork properly. They are taking advantage, I have nowhere to go.
Company Response:
State: CA
Zip: 92301
Submitted Via: Web
Date Sent: 2016-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am one of the owners of a house in foreclosure located at XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX. I am a homemaker and wife of a XXXX Veteran who abandoned the property and thus left me with no means by which to sell off the house. The house went into foreclosure and I moved into my mothers home with my children. The mortgage company Ocwen has pursued me because my husband did not have an address of contact until the past year. Despite attempts to have them seek him out, since the mortgage is a VA Loan and he would be able to make arrangements through the VA to put the house up for sale or refinance at a lower rate to make payments, they still today call my mothers home phone number day and night, weekends and otherwise. We have even been disrupted during our sacred holidays. They have harrassed myself, my family and my neighbors. Just when you think that it was finally over, today in my mothers driveway lay mortgage paperwork, uncovered and opened with all of mine and my husbands personal information for anyone on the street to see : our ss # 's, dates of birth, etc. Who does that? Why wo n't they send my husband notification to go through the VA? XXXX XXXX XXXX resides at XXXX Twisted XXXX XXXX, XXXX, North Carolina, XXXX. The attorney firm that did this is XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX , XXXX : XXXX XXXX XXXX, XXXX . XXXX XXXX XXXX , XXXX XXXX ( XXXX ) XXXX Fax # XXXX File # XXXX, for Ocwen Loan Servicing , LLC XXXX XXXX XXXX XXXX, XXXX XXXX , XXXX XXXX XXXX, XXXX XXXX XXXX I would ask the FTC to please intercede on my behalf and ask these people to stop the harrassment, I am a homemaker, with no income, my husband is retired and receives a pension from the military, and homeland security. They should be seeking him out to look for closure to this foreclosure as this is a VA matter, and I can not intercede and do anything to rectify this situation, and yet time and again, they turn a blind eye and refuse to look any further then myself living at my mothers residence, How dare they share my personal information with on my mothers driveway at her property address with her neighbors, strangers and passerbys!
Company Response:
State: NY
Zip: 117XX
Submitted Via: Web
Date Sent: 2016-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: After a series of unfortunate events ( XXXX and put me out of work, separated from my ex wife, property damaged by flooding not covered by insurance, loss of job ) that all occurred within 1 year, I was no longer able to afford the mortgage payments on my house and I went into foreclosure. After securing a well paying job two years later, I applied for a loan modification and was denied. When I asked Ocwen about what options were available to me, they told me that I could apply for a deed in lieu of foreclosure or do a short sale on the property. They told me that then deed in lieu of foreclosure option takes around 90 business days so I chose to pursue that option. I filled out the application in XXXX of XXXX. In XXXX of XXXX I signed an agreement to the deed in lieu of foreclosure and as of today, XXXX XXXX, XXXX the deed in lieu is still incomplete. Every time I call them for an update, they give me excuses as to why the deed in lieu is n't complete. At first they told me that it was hung up in legal. They used that excuse for several months. Then they said that there was a problem with the title. Then they were telling me that the VA was making it take forever. Now they 're saying that there is a lien from XXXX XXXX. In XXXX of XXXX, I became fed up with their excuses and decided to conduct a short sale so that I could be done with the house finally. I was notified by a real estate agent that I could n't sell the property because I did n't own it as of XXXX XXXX. Apparently they took possession of the property in XXXX XXXX and nobody that I spoke with at Ocwen knew it. If Ocwen would have been honest with me in XXXX of XXXX and told me how long it takes to complete a deed in lieu of foreclosure, I would have just sold the property right then.
Company Response:
State: PA
Zip: 194XX
Submitted Via: Web
Date Sent: 2016-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-27
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: XXXX. In XXXX I obtained, what i know now as, a sub-prime loan, from a predatory mortgage company, XXXX. I had an adjustable rate mortgage, based on the XXXX. During the last XXXX or 3 years, the news revealed that XXXX banks connected with the XXXX had manipulated the market in favor of themselves ; to the detriment of consumers. So, not only was I a victim of my own country 's predatory lending practices, I was also a victim of the XXXX XXXX My margin was XXXX and the floor was 9.90 % .. I did n't understand then, but I do understand now, how much of a financial disaster those terms were. Regardless of climate, or payment history, my rate would NEVER go below 9.90 %. I have never been 30 days late. I have always paid a little extra in my payment, with the hope of reducing my principle balance to the point that i would be paid in full, prior to the 30 years maturity. In XXXX, I was a victim again, as so many others were, of the economy. My employment dried up, the equity in my home, that had been growing no longer existed. From XXXX until now, i have been out of work for XXXX or 3 years total. I have used every dime in savings to keep my mortgage payment current. When my loan was transferred to OCWEN, i tried to get a refinance or modification or something. I was told i could only be helped if i was in default and they could work out some kind of disastrous deferred payment plan. There plan scared me so badly -- i knew that I would have never been able to dig out of that hole. Their customer service reps were all deficient in the English language and had no empathy in trying to help a person get through those horrible financial times. The interest rate began to drop finally and significantly to below 5 % for a fixed rate -- and there I was still paying 9.90 % ... never once was I able to take advantage of the rates that were being offered to help people stay in their homes. Never offered XXXX or XXXX My mortgage company was biased toward foreclosure! Especially because I have an address in XXXX that was more poised to economic recovery, than some of the other neighborhoods. I was finally granted a modification from Ocwen in XXXX - my rate went down to 3.750 % - ( fixed rate ), BUT -- I have an {$85000.00} balloon payment due at maturity!!!! I will be XXXX XXXX XXXX at maturity. I have always paid my mortgage on time ; I have paid a rate of 9.90 % for years when the rate was less than 5 % in the market. I have always paid a little extra on my principle -- - I will never, EVER, be finished paying this horrible mortgage!!! should i have walked away, and sent them the keys, as so many other consumers have done!!??? This company has made a fortune on me and so many others!! Where will i work at age XXXX -- I can barely find work at age XXXX ( now )!! This {$85000.00} is a false number -- I should have never signed a note with a 9.90 % floor -- but they convinced me that i had the best rate in the world!
Company Response:
State: GA
Zip: 30324
Submitted Via: Web
Date Sent: 2016-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I called into my mortgage servicing company Ocwen Loan Service LLC as I usually do on my Friday ( my payday ) or Monday ( if there is carryover ) to pay the monthly amount due. I admit to behind on my payments, but pay the set amount monthly amount as to avoid foreclosure. I go through the automated system to avoid their incompetence, rudeness and lengthy processes which can easily eat up my entire lunch break. On Friday XXXX XXXX I made my monthly payment of {$600.00}. Not only did Ocwen drag their feet with processing that payment but 4 days later on Tuesday XXXX XXXX, they went into my account and withdrew additional funds WITHOUT my consent! I found this out when I made this month 's payment of {$600.00} and found an anonomous charge mentioned on their automated payment history breakdown. I called the company and inquired and was told that Ocwen took this amount out for an inspection charge where they have someone come by my property and make sure I am still a resident. Ocwen has a policy that before any late fees or additional charges accumulated can be paid off the initial back payments of monthly mortgage amounts due must be paid off first! Any amount that exceeds the {$600.00} will be held in " limbo '' and applied AFTER the back payments are made and not applied to the debt itself. Therefore Ocwen VIOLATED IT 'S OWN COMPANY POLICY! There is NOTHING on their website or paperwork stating that they can just pull money from my account for this purpose. I NEVER gave them authorization to pull this amount from my account! I RECORD EVER CALL I MAKE TO OCWEN WHETHER IT BE WITH A REPRESENTATIVE OR WHEN GOING THROUGH THE AUTOMATED SYSTEM MAKING PAYMENTS! I ARCHIVE ALL THESE MESSAGES. Ocwen WILL HAVE NO PHONE CALL on XXXX XXXX from me AT ALL! They went into my account ILLEGALLY! I have evidence NOT just of this but I caught them in past lies and the representative was warned and hung up on me when I revealed that they had lied! The amount was small but it 's the principle I am more than willing to FIGHT FOR! I alerted them yesterday that I will be filing a complaint and that I RECORD ALL THEIR EXCHANGES!!!!
Company Response:
State: NC
Zip: 27403
Submitted Via: Web
Date Sent: 2016-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-26
Issue: Credit decision / Underwriting
Subissue:
Consumer Complaint: {$380000.00} paid to Indymac/Ocwen to pay off XXXX balance. You may refund the remaining escrow and remove the second extinguished I will NOT pay you or the next servicer for the duplex and {$110000.00} escrow XXXX XXXX stole from me. You need to refund the {$150000.00} XXXX XXXX XXXX did NOT give to me and the I do not owe. ( {$310000.00}. ) They need to refund the payments I made to prepaid credits. And reinstate the remaining prepaid credit that was stolen. ( Especially any money used to {$67000.00} escrow to my duplex. ) And I did not owe any one the money I paid to XXXX.
Company Response:
State: MO
Zip: 64081
Submitted Via: Web
Date Sent: 2016-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-27
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen Loan Servicing is committing fraud against me. XXXX XXXX Sheriff Case Number : XXXX See evidence attached. /// ///
Company Response:
State: CA
Zip: 91709
Submitted Via: Web
Date Sent: 2016-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We are considering selling our home. Our primary mortgage holder, Ocwen, modified the loan a little over three years ago. This resulted in {$32000.00} of deferred principal that has been forgiven over the last three years. Part of the modification includes an Equity Share Arrangement where we would share any price appreciation with Ocwen. Somehow, the home value was set at {$60000.00} when the modification went through, and the home has never been worth that little. Regardless, the problem we are having is figuring out how much we will need to pay Ocwen if we sell our house. Every time I call, I get a different answer. XXXX person says we will split the profit XXXX, another says there is no sharing because the reduction was forgiven, another told me the only way to find out is to sell my home and see what Ocwen sends me for a pay-off. Unfortunately, I have a second mortgage and sending a bunch of extra money to Ocwen means I ca n't pay off XXXX mortgages, so I ca n't sell my house. I 'm ok with that, except the only way I can find out if that is necessary is to sell my house and see what Ocwen sends me for a pay-off??? Why ca n't someone give me a definitive answer so I can move forward?
Company Response:
State: FL
Zip: 32720
Submitted Via: Web
Date Sent: 2016-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No