Date Received: 2016-06-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I missed a payment and when that payment became past due. I was unable to make a payment of XXXX payments to get caught up so my single payment was returned to me. I have been unable to secure a loan for past due payments and now owe {$28000.00} to get my loan current. I have been insisting on a loan modification which the lender refuses to give me. I am submitting an appeal to the servicer in regards to the loan modification denial. I was only given XXXX options to either short sale or a deed in lieu. I do not want to lose my house and feel that the bank is trying to take my house. I will now file Chapter XXXX bankruptcy to try to keep my house. I feel that I am being treated unfairly and I will be homeless if they take my house. Please do not ask the servicer to send me another stack of paper showing that they have done nothing wrong in servicing my loan.
Company Response:
State: CA
Zip: 95621
Submitted Via: Web
Date Sent: 2016-06-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen has made my experience with them terrible. I went from a 2.99 interest rate and out of know where it increased to 6.74 %. I have tried to refinance my rental property with my bank but due to the property not worth what I purchased it for I do not have enough equity in the property. Ocwen talked me through trying to get a modification this process took six months and I received a denial. A 6.74 they have me trapped in is unethical.
Company Response:
State: NY
Zip: 11704
Submitted Via: Web
Date Sent: 2016-06-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-06-14
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Due to my divorce agreement, my ex-wife was court ordered to pay the mortgage and all carrying charges ( I have documents ) until the children were emancipated and the house was sold. She stopped paying the mortgage and I was never informed. They have been reporting this to the credit agencies and it 's affecting my credit rating.
Company Response:
State: NY
Zip: 119XX
Submitted Via: Web
Date Sent: 2016-06-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-06-13
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Dear Sir/Madam, I have concluded an extensive investigation and analysis of various documents associated with my Loan and the purported transfers and assignments thereof. These documents include : the Trust Deed, Note, and relevant foreclosure documents. I have determined there was apparent fraud involved with respect to several parties involved in invalid transfers/assignments of the Deed of Trust and Note relating to the above-mentioned property address. The invalid and fraudulent conveyance of rights, title and interest created lack of authority to transfer, substitute, or convey rights, title and interest of our Client 's property rights in relation to Deed of Trust, dated XXXX/XXXX/XXXX and recorded XXXX/XXXX/XXXX. As an additional matter, I am alarmed with the manner in which I have been treated by Ocwen Loan Servicing, LLP 'S representatives. OCWEN 's representatives have made blatant misrepresentations causing me serious damages, including the potential foreclosure of my home. The above-mentioned violations subject you to sanctions and nullification of the loan and the substantial nature of this claim may exceed the policy limits on any and all insurance policies issued that cover these types of risks. There are many legal issues here ; ( 1 ) Here, there is a lack of clarity as to the identity of the real party in interest with the power to foreclose. I contend that through their own actions, none of the parties involved actually continued to hold valid standing to foreclose when the foreclosure occurred. From the recorded documents I have retrieved it appears that XXXX XXXX XXXX , XXXX was the original Lender as of XXXX/XXXX/XXXX ( Exhibit " A '' ). However, the Notice of Default and Election to Sell Under Deed Of Trust recorded date XXXX/XXXX/XXXX ( Exhibit " B '' ) states that contact : C/O XXXX XXXX. Then on XXXX/XXXX/XXXX XXXX XXXX XXXX, XXXX XXXX, as trustee for XXXX XXXX XXXX , XXXX Mortgage Loan Trust, Mortgage Pass-Through Certificates SEries XXXX was apparently assigned the Deed of Trust by XXXX ( Exhibit " C '' ). Then a Substitution of Trustee was file on XXXX/XXXX/XXXX Name XXXX XXXX XXXX XXXX XXXX XXXX , XXXX as a trustee under said Deed of Trust. sign by Ocwen Loan Servicing , LLC as Attorney in Fact. Then a Notice of Trustee Sale, dated XXXX/XXXX/XXXX and recorded XXXX/XXXX/XXXX ( Exhibit " E '' ) was filed under the name of either XXXX XXXX XXXX , XXXX, as the only reference to the investor listed was the details of the original Deed of Trust 's recording information, or the apparently newly assigned investor, XXXX ''. Finally, the Assignment of Deed of Trust, dated XXXX/XXXX/XXXX cross out and and have another dated XXXX/XXXX/XXXX and recorded XXXX/XXXX/XXXX ( Exhibit " F '' ) shows XXXX XXXX XXXX, XXXX XXXX, as trustee for XXXX XXXX XXXX , XXXX Mortgage Loan Trust, Mortgage Pass-Through Certificates SEries XXXX, as the new assignee of the Deed of Trust, Dated XXXX/XXXX/XXXX & recorded XXXX/XXXX/XXXX. I did email their trustee fax to OCWEN and their trustee NOTICE OF INVALID INSTRUMENT ( S ) AND NOTICE TO CEASE AND DESIST and they continue to ignor my request. ( Exhibit " G '' ) Based on the above analysis, I contend that OCWEN has violated several recording laws and has fraudulently obtained loan documents and are attempting to foreclose on my property. Moreover, I demand that OCWEN bring the Original Note to the undersigned so that I can analyze the Note for proper transferring signatures, dates, allonges, etc. As it stands now, it is clear that OCWEN does not have standing to bring this foreclosure action and OCWEN must promptly halt the foreclosure process. Very Truly Yours, XXXX XXXX
Company Response:
State: CA
Zip: 95148
Submitted Via: Web
Date Sent: 2016-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-13
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am a XXXX veteran. I request that a federal or state financial regulater conduct a thorough examination into my loan under ocwen, as well as when my loan was with litton. There are deficiencies in loss mitigation and loan modification process.charging unathorized fees for default related sevices.Deficiencies in how my loan was underwritten and serviced.Providing false or misleading reasons for denial of loan modification under hamp.Misdated letters and correspondence thats not clear understanding causing loan to default. XXXX 2012 modification qualified under hamp and should have been permanent, not " XXXX '' this practice of bait and switch is not helping home owner and is not removing the toxisty out of this toxic mortgage.This practice of denying me an affordable modification is contrary to the spirit of the Making Homes Affordable Act, and in non-compliance of the National Mortgage Settlement Rule.
Company Response:
State: GA
Zip: 30035
Submitted Via: Web
Date Sent: 2016-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-13
Issue: Settlement process and costs
Subissue:
Consumer Complaint: I started my mortgage with XXXX XXXX XXXX. At the time of the mortgage, i had my taxes and insurance paid through the payment. When the file was transferred to OCWEN, for reason 's unknown, my taxes were not paid through my payments. Now, according to OCWEN, I owe about {$30000.00} or more on my mortgage. I filed chapter XXXX bankruptcy and moved it to a Chapter XXXX, which is now dismissed. I am in the process of modifying my loan with OCWEN, but I do n't really understand how my balance became so large, and how my payment became so large. I would like a full accounting of the loan from the time it was transferred to OCWEN to now.
Company Response:
State: PA
Zip: 15001
Submitted Via: Web
Date Sent: 2016-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-13
Issue: Settlement process and costs
Subissue:
Consumer Complaint: I requested a settlement on the account. The issues raised were also sent to the New York Attorney General Office and XXXX Finance Mortgage Division and the Liquidation Trustee for XXXX XXXX XXXX. Ocwen has failed to address any of our factual concerns relating to collecting on a Home Equity Trust that was part of a XX/XX/XXXX DOJ Consent Order and a Bankruptcy Order liquidation of claims prohibiting collection activities on a debt. As part of the XXXX Report key objectives for Ocwen Loan Servicing LLC . 1 ). The New York Consent Order Compliance ( XXXX XXXX ). The Consumer Financial Protection Burueau ( CFPB ) 3 ). National Mortgage Settlement ( NMS ) Compliance Requested Escrow Termination On XXXX XXXX, XXXX I received the Escrow Account Statement dated XXXX XXXX, XXXX. On XXXX XXXX, XXXX, a request was submitted to terminated. We received a denial blanket response from Ocwen dated XXXX XXXX, XXXX. The Research Team stated XXXX Taxes payment was due in 25 days therefore the Escrow could not be terminated. As noted, Ocwen pays the Taxes XX/XX/XXXX years prior which is enclosed. There were 60 calendars days for me to send in the payment and you failed to respond. I 'm still requesting termination. Also The XXXX XXXX is due in 180 days from XXXX XXXX. You failed to respond the specific reason why you are requiring an Escrow account. It was also stated that we had a negative balance in our Escrow. Analysis. Ocwen Loan Servicing was sent XXXX Finance all tax payment history and bills on XXXX XXXX, XXXX for an Escrow. Ocwen failed to address the concerns. We sent the payment of {$2500.00} as stated and they still mis applied the payment and stated we still owe and have not addressed the termination of the escrow account. It appears that Ocwen is " throwing figures around '' and incorporating attorney fees in the amount due. I do n't understand how a payment can jump from {$970.00} to {$1800.00}. Ocwen as XXXX, the owner of the loan is XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX XXXX XXXX XXXX XXXX XXXX. According to the Pooling and Servicing Agreement ( PSA ) this loan was never securitized. This is also noted as to the POC XXXX XXXX submitted in the Chapter XXXX case which is enclosed for your reference. Ocwen. acquired the Home Equity Loan loan 18 months later in XX/XX/XXXX which was part of the their unsecured claim in the Chapter XXXX case. There 's no contractual agreement in order for Ocwen to be collecting on the alleged loan. The Fair Debt Collection Practices act under Unfair Practices states " there is no present right to possession of the property claimed as collateral '' through an non -enforceable security interest ; and the false representation or implication that accounts have been turned over to innocent purchasers for value is prohibited. Ocwen has created the false representation or implication that documents are legal process of collecting a debt that are not enforceable. Thus far, Ocwen has collected over {$280000.00} since the claims were adjudicated for the case. We have requested the money to be refunded which they have refused to do so. In addition They have made no effort to adhere to item XXXX of the Security Deed titled " Loan Charges '' If the loan is secured by this Security Instrument is subject to law which sets maximum loan charges and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceeded permitted limits ( A ) any such loan charges shall be reduced by the amount necessary to reduce the charges permitted limit and ( B ) any sums already collected from Borrower will be refunded. If a refund reduces principal Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to the Borrower
Company Response:
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-06-13
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I contacted Ocwen Loan Servicing in the month of XXXX. I spoke with a XXXX XXXX, agent XXXX. XXXX regarding an Escrow analysis that I received from them dated XXXX XXXX, XXXX. The statement indicated that I owed an outstanding amount of {$800.00}. In spite of this claim, my upcoming payment showed a reduction from {$890.00} to {$850.00}. The agent advised that I would receive an adjusted Escrow Analysis reflecting updated information. I received another updated Annual Escrow Account dated XXXX XXXX, XXXX. The new analysis indicates that payments were received in the amount of {$850.00} of which {$580.00} was for principal and interest and {$260.00} went into the escrow account. The above reflects a discrepancy and inaccurate information. The actual amount I paid from XXXX XXXX through XXXX XXXX was {$890.00} as reflected on the XXXX XXXX, XXXX Escrow Disclosure statement. My tax bill for XXXX XXXX, XXXX to XXXX XXXX, XXXX is {$2500.00}. Since I paid {$890.00}, {$680.00} should have gone towards the principal and {$200.00} towards the real estate taxes.
Company Response:
State: CA
Zip: 92562
Submitted Via: Web
Date Sent: 2016-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-11
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen Loan Servicing offered me a Loan Modification in return for Dismissing my Appeal in the XXXX XXXX after Foreclosure Fraud. I accepted the Deal, Signed and Notorized the Loan Modification Paperwork and started sending Payments. I also signed Thier Attorney 's Release form from the Pending Appeal against them, Which they continually harassed me about. After making a Few Payments on the Loan Modification and Moving Back into the Property, Ocwen decided to send me an eviction Notice! I immediately Called the Attorney that designed the Loan Modification and was " Acting on behalf of Ocwen '' The Attorney " No Longer Represented Ocwen and or XXXX XXXX ''. It appears that Ocwnes Attorney never Completed the Paperwork on the Loan Modification. I have attempted to request an evidentuarty Hearing in my Local County Court and was Denied due to " No Legal Basis ''. I want to save my Home and find out what Ocwen has done with my Loan Modification Payments and why they are not honoring the Loan Modification? Also, The City has shut of the Water now and will not restore until my name is back on the Certificate of Title which has caused myself and my Children XXXX.
Company Response:
State: FL
Zip: 33991
Submitted Via: Web
Date Sent: 2016-06-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-06-10
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been trying to work with Ocwen since XX/XX/2016 to secure a loan modification. After many phone calls I noticed they were asking for the same information over and over or just not listening to what I had to say about my hardship. My work schedule is very irregular I work nights and may be away from home for several weeks at a time, also get paid from several different companies, since I was having a hard time explaining this to Ocwen, I asked my former Real Estate Broker to help me. With help of my brokers staff which includes people very familiar with the mortgage industry we have emailed and faxed over XXXX pieces of documents, including over XXXX very detailed letters of explanations, and signed and dated HR verifications, which it seems like Ocwen does not read at all?? or their staff does not understand English, as I would repeat almost the same exact thing in each letter and then was asked to send it again. My Broker and I both kept very detailed logs and noticed they kept on asking for the same documentation and they kept on asking us to change dates on the same documents add signatures at the bottom or re-send the same documents, which they admit they have but they want us to send in a different order?? I am now FULLY convinced that Ocwen is a scam and playing deceptive games and plain lying and just trying waste my time. If you look up the definition of " FRAUD and DEPECTION '' in the ENGLISH dictionary, this exactly what Ocwen is doing. We have asked for a supervisor to assist us on 4 different phone calls and sent the documents directly to XXXX different supervisor via fax and after each follow up phone call we are asked us to sign the same documents. Now after 6 months we have been asked to re-send the entire package to them again, why is this company allowed to lie, deceit and falsely advertise that help homeowners in getting a loan modifications? Is n't this type of action again the law now? I am formerly asking the CFPB to investigate these actions and ask Ocwen to get a supervisor that can actually do something for me, not just ask for the same documents week after week and then ask me to start this process over again.
Company Response:
State: CA
Zip: 90803
Submitted Via: Web
Date Sent: 2016-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No