Date Received: 2016-07-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: To Whom It May Concern, I am filing this Complaint against my alleged servicer Ocwen Loan Servicing , LLC, herein referred to as Ocwen, because it appears they believe they do not have to follow the laws and guidelines that have been put into place to protect homeowners against questionable practices that could lead to a wrongful foreclosure. For the past four years I have been fighting to save my home. I have had no luck with modifications after several attempts. They say one thing and then do another. After learning more about the unscrupulous practices by servicers over the past years, I decided to look into who owns my debt obligation. I have sent Ocwen numerous letters including a Qualified Written Request ( QWR ). In their responses to me, they have stated that XXXX as Trustee for XXXX-Through Certificates, Series XXXX, herein referred to as XXXX, owns my note. However, based on the California Supreme Court ruling XXXX. this past XXXX, there is no way XXXX can own my debt obligation or have standing to foreclose on my property. The Supreme Court stated that an assignment is void if the assignment that is used is dated outside the closing date of the Trust. In my case, the XXXX, Series XXXX, herein referred to as the XXXX Trust, had a closing date of on or about XXXX/XXXX/XXXX. The Assignment of Deed of Trust that XXXX claims an interest was executed on XXXX XXXX, XXXX, over 6 years after the XXXX Trust had closed. This is clearly fraud and a violation of the law. The Assignment is clearly void. As stated in XXXX, if a purported assignment necessary to the chain of title by which the foreclosing entity claims that power is absolutely void, meaning of no legal force or effect whatsoever, the foreclosing entity has acted without legal authority by pursing a trustee 's sale and such an unauthorized sale is a wrongful foreclosure. Unlike a voidable transaction, a void one can not be ratified or validated by the parties to it even if they so desire. It further states '' ... the borrower owes money not to the world at large but to a particular person or institution, and only the person or institution entitled to payment may enforce the debt by foreclosing on the security. It is no mere " procedural nicety '' from a contractual point of view, to insist that only those with authority to foreclose on a borrower be permitted to do so ''. Banks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners to take away their homes in satisfaction of some other bank 's deed of trust. Based on XXXX, I do not understand how XXXX can attempt to proceed with a foreclosure against my home when they lack the authority to do so. Furthermore, on XXXX XXXX, XXXX, I mailed to Ocwen a Notice to Rescind, cancelling my debt obligation. Ocwen received my Notice to Rescind on XXXX XXXX, XXXX. Ocwen failed to follow the mandatory steps required under the Federal Truth in Lending Act, herein referred to as TILA, within 20 days. In addition, Ocwen has violated the Fair Debt Collection Practice Act by attempting to collect on a debt on behalf of an entity that is not owed the debt. This is deemed a fraudulent act under FDCPA. Also in violation of the FDCPA, Ocwen acquired my loan after the loan was in default. Ocwen has clearing violated federal laws. I felt it necessary to file this complaint in regards to their blatant disregard for the law. I am looking to the CFPB for their assistance to make sure these violations do not go unnoticed and unpunished. I believe they should be ordered to cease and desist with any foreclosure activity currently pending on my property indefinitely.
Company Response:
State: CA
Zip: 91739
Submitted Via: Web
Date Sent: 2016-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-14
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XX/XX/XXXX we received a mortgage modification through the federal making homes affordable act. Later that year we had to file chapter XXXX. Because we were in bankruptcy our mortgage company stopped sending us statements. We continued to pay the amount specified in the modification and everything seemed fine. XX/XX/XXXX I logged into the banks website and the payment due had doubled. We had no idea why so we contacted them. Their help was minimal only saying there was an escrow shortage. We demanded an accounting of the account and a month later we received it. The document showed that XX/XX/XXXX some {$2400.00} had been pulled from our escrow account marked as 'POS escrow shortage '. When we contacted them to ask what that was for they could n't give us an explanation. It should be noted that XX/XX/XXXX we converted our chapter XXXX to a chapter XXXX. From XX/XX/XXXX until now we have continued to pay the modification payment while attempting to get an explanation for this missing money. They continued to demand double payments and continually put the payments we sent in into 'suspense ' all while demanding this extra money. XX/XX/XXXX their attorney filed a motion with the bankruptcy court to allow them to file for foreclosure due to us supposedly being late. When our bankruptcy lawyer sent a letter to their attorney demanding a accounting of the missing money they got nothing. Their attorney eventually tried to get the motion he had filed dismissed stating to my attorney that the bank had ignored his request for information about the missing money. My attorney brought this up with the judge today but the judge stated he would n't rule on it since the bankruptcy was going to be finalized within a week. He told my attorney he could bring this up in a state court ( during another foreclosure case ). So now we are stuck and within the next two weeks the mortgage company will be able to file for foreclosure even though they outright refuse to tell us where this money went. I have done an escrow sheet without the {$2400.00} removed and there is literally no shortage whatsoever. We have almost no means to fight this and especially since the mortgage company refuses any and all requests to account for the missing {$2400.00}
Company Response:
State: PA
Zip: 183XX
Submitted Via: Web
Date Sent: 2016-07-14
Company Response to Consumer: Closed with explanation
Timely Response: No
Consumer Disputed: No
Date Received: 2016-07-14
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I received my XXXX 2016 Mortgage Statement from Ocwen and noticed that on XXXX XXXX, 2016 they added a {$500.00} fee, listing it as Charge - Property Maintenance Expense Payment. I have never had this fee and my house is perfectly maintained so I contacted Ocwen and they forwarded it to the Research Dept. after a week and a half they forwarded me a copy of the {$500.00} invoice from XXXX which is a company within OCWEN who deals with foreclosures and other property related fees and it said date completed was XXXX/XXXX/16 and listed as : Registration Cost / XXXX and this did not answer any questions. It goes from a Property Maintenance Cost to now a Registration Cost? I contacted XXXX who advised me to contact Ocwen Property Preservation Dept. and after several transferred calls I was advised it was a Municipality Fee ... They said it came from XXXX XXXX County possibly thought they did not give any specifics. I contacted XXXX XXXX County Tax Collector, Property Appraised etc as well as the City of XXXX XXXX and all advised me that they would never charge {$500.00} and in their opinion this is a bogus charge. Ocwen tried to dismiss it as a one time municipality charge yet they will not provide any proof other then from their own company XXXX. I also noticed that there was a {$70.00} fee charged to the investor at the end of the month and I am not sure why this would show up on my account. They provide no answers and I want the {$500.00} fee removed immediately. My mortgage has always been in good standing and do not need to have false charges added to my account.
Company Response:
State: FL
Zip: 33435
Submitted Via: Web
Date Sent: 2016-07-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-13
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: The IRS has placed a lien on the property of XXXX XXXX XXXX XXXX, XXXX CA XXXX. On XXXX XXXX a person tax lien. The IRS can not accept payment from an unknown party with no legal standing to ask to have removed a tax lien to commit civil fraud against me and the estate of XXXX XXXX. The estate has not been probated and the debtors and creditors have not been heard.
Company Response:
State: CA
Zip: 90019
Submitted Via: Web
Date Sent: 2016-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-13
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: In XXXX my husband and I, jointly, refinanced our home through Ocwen Financial Corporation. In XXXX we filed a Chapter XXXX Bankruptcy confirming our mortgage through Ocwen. We were able to overcome financial difficulties and become current on our mortgage. In XXXX my husband died and I continued to pay the mortgage. I have perfect payment history. My credit history shows only the XXXX Chapter XXXX and NO PAYMENTS to Ocwen. I have called and written several times asking them to correct this issue. They have done nothing. My credit score is adversely affected by the negative reporting and I have no positive payment history because they have refused to correct the reporting. I think this is a violation of my rights as a credit consumer. I have made repeated attempts to correct this through Ocwen and the XXXX. Please let me know what I can do.
Company Response:
State: TX
Zip: 77546
Submitted Via: Web
Date Sent: 2016-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-13
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I 'm currently working on a short sale because I was given no other option BUT my Realtor has n't been sucessful in getting in touch with my XXXX loan which is with Litton Loan Servicing, none of the numbers provided work because they just send you on an endless survey about XXXX, auto insurance, {$10.00} XXXX gift cards and other XXXX they are selling ( numbers are XXXX, XXXX and XXXX ). I need them to contact me Loan # XXXX in order for my transaction to move forward.
Company Response:
State: CA
Zip: 93535
Submitted Via: Web
Date Sent: 2016-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-12
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: XX/XX/XXXX This is my second official complaint against OCWEN. Even though they have been fined, sanctioned or other, they continue to act as bullies, and collection thugs. Either they are taking these actions against me for complaining the first time or they do n't care because the profits are just too great for them to care about the consumer. I have made for the past 6 continuous months payments to Ocwen in amounts greater than the required minimum. This did not stop them from sending false and malicious letters stating that I was in " default '' and that they were going to file for possession. They did not apply additional funds to my account but kept them in a " Un-applied Funds '' category to try and fake that my loan was not in compliance. Further, regular monthly payments to them were not " timed in '' and they ran the " clock '' towards foreclosure for their own profit and without concern of the client 's faithful payments. Lastly, they employ a " debt collection law firm '' here in the XXXX area as a " fake store front ''. Ocwen preports that you as a client can go to this location to speak with Ocwen employees for advice, assistance and help and/or make a personal payment. But the location at XXXX XXXX XXXX XXXX, # XXXX, XXXX, Colorado XXXX is clearly another of the infamous law firms that assisted many of the mortgages companies XX/XX/XXXX-XX/XX/XXXX in defrauding home owners and others leading to the banking/mortgage crisis. Specifically, I was told that my personal payment made at the " fake store front '' ( law firm office ) would be credited that day and I was given a date/stamped copy of the same. Three days later after calling Ocwen 's offices, they had NOT received nor credited my account as promised. I am certain that this is Ocwen policy and done specifically to extract fees, bump up profits and abuse the consumer public. These companies should not be allowed to operate. This is not a " new problem '' but systemic and needs to be corrected. Thank you for your help a second time. XXXX in XXXX, Colorado XX/XX/XXXX
Company Response:
State: CO
Zip: 80209
Submitted Via: Web
Date Sent: 2016-07-12
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-13
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My home was illegally and intentionally placed on a vacant and abandon list, by city employees who 've been out to get me for quite sometime now. Shortly thereafter, these same city employees falsified legal documents, forced entered my home 5x 's and fraudulently submitted the same documents to the electric and gas company and then DEMOLISHED my home right before my eyes. Ocwen the loan servicing company took No action, as they state the city NEVER contacted them about my home in thus violated DUE Process laws. Now Ocwen has denied me access to the website, in hopes that I stop making payments. They have also discontiued sending monthly mortgage payment statements. I believe this is an attempt to force me into foreclosure. I took a screen shot of the Denied access page when I logged into Ocwen Site to make payments, which I 've always done. Now since HUD has sent my complaint to the XXXX XXXX XXXX XXXX, I am blocked from having account access. I used an old statement to make this months mortgage payment, and sent it priority mail for proof! The city attorney who I believe is behind all this mess, is now the attorney investigating the HUD complaint. Ocwen and the City is working to ruin my credit because I 've filed complaints against them for fraud, waste and misappropriation of funds. I need Ocwen to open my account so that I can continue to make my monthly payments, without these many forms of on-going harassment, intimidation and criminal acts against me, until I am released from this debt in its entirety.
Company Response:
State: IN
Zip: 46619
Submitted Via: Web
Date Sent: 2016-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-12
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I was notified by OCWEN that my property taxes had not been paid. I called the company and explained to them that I was not required to pay taxes due to a new law passed by the governor. I provided them with all the paperwork and documentation via email @ XXXXXXXXXXXX. I did n't hear from them about the issue therefore I called and spoke with someone. I was informed that nothing had been done with the paperwork. The rep indicated the issue was going to be escalated up. When I called by a few days later I was told that they spoke to my assessors office and they were told that I was not fully exempt. I then provided them with my tax bill from the assessor office that showed I had a XXXX balance. OCWEN has requested a refund but still requires me to pay and escrow.
Company Response:
State: IL
Zip: 60402
Submitted Via: Web
Date Sent: 2016-07-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-12
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen the 3rd party servicer is forcing me into a undue/unnecessary foreclosure. We have complied with all the time lines Ocwen has requested and required. Ocwen has failed to request the BPO appraisal from their vendor management company. I was advised by Ocwen 's escalation management XXXX XXXX | Escalation Manager - Liquidations Ocwen Loan Servicing, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXXXXXXXXXX XXXX www.ocwen.com. See email ( Exhibit A ) from XXXX stating Ocwen would need to obtain the value of the home before they would review the XXXX cash offers we currently have in hand. During this time I had to request a foreclosure sale date, which was granted an moved to XXXX/XXXX/16. During which time Ocwen had problems on their end ordering the BPO/appraisal. I contacted the first BPO agent Ocwen emailed to contact XXXX ( see email Exhibit B ) and XXXX told me she was on vacation for 2 weeks and asked me to contact Ocwen and have them reassign the file to another BPO Agent. I emailed and informed XXXX, then was give another BPO agent to contact See email Exhibit C, I contacted XXXX XXXX, I called him and asked if he can rush schedule the BPO, the BPO took place XXXX/XXXX/16, and I contacted XXXX XXXX today XXXX/XXXX/16 and he confirmed his BPO report has been submitted to the XXXX XXXX XXXX XXXX XXXX ) and that Ocwen should the report by now. I called Ocwen on XXXX/XXXX/16 and the rep indicated she does n't have the XXXX. I 've sent the XXXX with XXXX of the offers, even though Ocwen has no idea what they are basing the value of home since, per XXXX XXXX XXXX XXXX PH XXXX - told me that he will request the BPO valuation today and he should have it within in XXXX7 business day to receive. I 've asked because Ocwen 's process is taking so extremely long, why are they are not willing to postpone the foreclosure sale date of XXXX/XXXX/16 to allow time to complete the short sale. We have XXXX cash offers and we can perform and close this XXXX as a short sale to avoid a foreclosure
Company Response:
State: OR
Zip: 97229
Submitted Via: Web
Date Sent: 2016-07-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No