Date Received: 2016-05-14
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have an issue with Ocwen Loan Servicing. I lost my job XX/XX/XXXX due to illness, and have been working as hard as possible to make the mortgage payment since. On XXXX XXXX, I filled out the paperwork for a loan modification. I called Ocwen XX/XX/XXXX to find out what I needed to do. I received a letter stating that my profit / loss statement was invalid because it was not signed ( I own the business ) .The female I spoke with said I had been approved for a HAMP modification, which I knew nothing about. I told Ocwen I had not received any paperwork. She emailed me the information, which I received on XXXX XXXX. I was also set up with a phone meeting with my Ocwen loan representative, XXXX XXXX on XXXX XXXX. I did receive a phone call from Ocwen on XXXX XXXX, but not from my loan representative. I stated that I had read the information and would like to move forward with the HAMP modification. I was told it was no longer an option because I had missed 2 of the trial payments, XX/XX/XXXX and XX/XX/XXXX. I politely told the gentleman that I had not even received the information on the modification until XXXX XXXX, and that there was no way I could have made a payment on XXXX XXXX, when I was n't even aware I was approved for the modification. He had no answer for this, but insisted I send a signed profit / loss statement to them. They had asked for the last 3 months, in my original modification filing on XXXX XXXX, I had given them the last 3 months plus my entire XX/XX/XXXX profit / loss statement. I explained to the man that I owned the company and the statements were generated by my accounting software. He instead asked for an email with XXXX numbers on it, gross income, business expenses and net income. My statements had all XXXX. He then set me up with another phone meeting with my loan representative for XXXX XXXX and I have yet to receive any information on modification programs. This is just the latest issue with Ocwen. I have our small mortgage which was originally a line of credit in collections. I attempted to pay it up to date by sending them a check which was less then XXXX, they held the check until the next months payment was due, then returned it saying they needed a certified bank check, which no where in my original note does it give them permission to demand a certified check. I have called them to complain about " inspection fee 's '' listed on my statement. My next statement would have the same amount listed as " Other Fees ''. They said it was a drive by inspection, but when I asked them if the home was under construction or not ( it is ) they could not answer. They have claimed to have sent certified mail to the home, but can not produce a signed mail receipt. The address on the statements is not even the correct mailing address. I am at wits end with them and am very afraid that their goal is to make it almost impossible to pay my mortgage resulting in foreclosure. What can I do?
Company Response:
State: PA
Zip: 173XX
Submitted Via: Web
Date Sent: 2016-05-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-13
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My mortgage company, XXXX XXXX - now sold to Ocwen mortgage, has been trying to steal our house from us since 2008 through a modification. They did not apply payments for over 6 months, reported us as late, destroyed us financially & basically made our lives XXXX for the last 8 years. Currently the attorneys for the mortgage company are using lies to continue to try to steal our home. My full complaint is lengthy & detailed and will be attached.
Company Response:
State: IL
Zip: 60803
Submitted Via: Web
Date Sent: 2016-05-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-14
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen 's letter dated XXXX XXXX, XXXX CFPB case # XXXX responded that they acquired the loan from XXXX XXXX/XXXX/XXXX and that loan originated XXXX/XXXX/XXXX by The XXXX XXXX XXXX. Ocwen further stated that they had mailed 'on numerous occasions ' copies of the stock certificate '. They also stated that original documents were kept by the owner of the loan or trustee for the owner of the loan and that Ocwen did not have the original documents. Ocwen in the same letter attached a copy of a pooling and servicing agreement between XXXX XXXX and XXXX XXXX XXXX XXXX listing XXXX XXXX as the investor. However, in his latest response, they are now stating that they are issuing an affidavit of Lost stock and lease (? ) How is that possible if they were saying that all they had were copies and original documents were with the owner of the loan (? ) investor?? The pooling agreement Ocwen mentioned in his letter above, was never part of his files. Records obtained from Ocwen which included over XXXX pages of documents included no such agreement. Instead, copies of XXXX affidavit of note lost was included which had been transferred to Ocwen as part of the servicing transfer. Multiple associates established the same conclusion. Also, how is that Ocwen produces a pooling agreement between XXXX XXXX and XXXX XXXX XXXX Bank when neither one of them had been part of the Co-Op conversion nor, again, of their files?. Furthermore, Ocwen first refers XXXX XXXX as the property management and then as the investor. Investors, as far as I have been informed DO NOT get the original loan documents,,, the loan owner gets it and the banks are required to keep them in custody. Per document attached. A record of events as recorded by Ocwen, they did have the collateral file, reviewed it with investors and then returned it to XXXX XX/XX/XXXX ( custodian ). Why did Ocwen state then that they did n't have the collateral documents and why are they now issuing an affidavit of loss documents? if, again, they originally stated that original documents were never with Ocwen (? ) Why did they return the collateral files to custodian and then claim that they had lost it?
Company Response:
State: NJ
Zip: 07110
Submitted Via: Web
Date Sent: 2016-05-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-05-14
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I recently changed banks and changed my banking information on XXXX website. I got an email saying they have received my payment on XXXX/XXXX/2016. I checked their website and it showed my payment was current and my next due date was XXXX/XXXX/2016. I noticed the money was not taken out of my bank account so I thought maybe it was just a delay. 10 days later XXXX/XXXX/16 I got a letter saying there was a problem with my payment information. I checked the website and it now said payment was overdue. I submitted payment again and called ocwen customer " service ''. I was told that my payment was submitted and there was no problem with it. When I told the customer rep that they did not take the money out of my account and asked why, I was told that the payment did not go through the first time due to a problem with my bank but he could not tell me what it was. I told the customer rep that they need to update their website as it had incorrect information on it which caused me to assume everything was OK. He said I was being charged {$59.00} for the payment being returned even though I was told the payment was current and the website reflected that. I told him to cancel my current payment until I figure out what was going on so I did not get charged this ridiculous fee again and he told me it was too late to cancel the payment and I will be charged the fee again. So I am being charged $ XXXX+ in fees for XXXX mistakes and do not believe this is fair. On top of that I sent in a request to have my escrow account removed and was denied due to false information from their escrow department. My loan to value ratio is XXXX % but they had it at XXXX % even though I offered to provide proof of my appraisal value.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-05-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-12
Issue: Settlement process and costs
Subissue:
Consumer Complaint: I submitted a loan modification package # XXXX for which I received a forbearance agreement in writing from Ocwen on XXXX/XXXX/XXXX - exhibits attached Ocwen cashed my first check on XXXX/XXXX/XXXX for {$240.00} and according to their letter they stated that " if we do not receive your payment on XXXX/XXXX/XXXX this offer will be considered revoked, what becomes of the written agreement since Ocwen returned all my other checks and stated that no alternative payment arrangements was agreed to? What becomes of my {$240.00} that was cashed and since it was cashed does this not mean that there was a binding agreement? And since Ocwen returned all my other checks do that mean that Ocwen breached the agreement and I became responsible for the full loan amount?
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-05-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-12
Issue: Disclosure verification of debt
Subissue: Right to dispute notice not received
Consumer Complaint: Ocwen contacted me by mail in reference to a debt your firm alleged that we owe monthly payments from XXXX XXXX thru XXXX XXXX, XXXX on our property I discovered this week from the XXXX that XXXX filed and recorded a Satisfaction of Mortgage on XXXX XXXX, XXXX and stated that the loan was not been assigned and has been paid in full.. This action stemmed from a Department of Justice lawsuit targeting XXXX XXXX in XXXX and XXXX. As a courtesy, I 've attached the information. I would like more information about this alleged debt. Accordingly, pursuant to 23 NYCRR 1.4, Substantiation of Consumer Debts, I kindly request that you provide me with substantiation of this debt. Pursuant to the regulation, 23 NYCRR 1.4 ( c ), for all charged-off debts, substantiation should consist of : 1. The signed contract or application that created the debt, or, if neither exists, a copy of a document given to the alleged debtor while the account was active, demonstrating that the debt was in fact incurred by the debtor. If the debt was incurred under a revolving credit account, this could include the most recent monthly statement showing a purchase, payment, or balance transfer ; and 2. The account statement at charge-off, or equivalent document, that the original creditor issued to the consumer ; and 3. A statement describing the debt 's complete chain of title from the original creditor to the present creditor, including the date of each assignment, sale and transfer ; and 4. Records showing the amount and date of any prior debt settlement agreement in connection with the debt agreed to after the effective date of these regulations. The regulation further requires that you provide substantiation to me within 60 days of your receipt of this request for substantiation, and that in view of my request for substantiation, you must cease collection until substantiation has been provided. 23 NYCRR 1.4 ( b ). I 'm also requesting all monies that were paid you regarding the loan charges you are still attempting to collect on be refunded back to me by check in 30 days. Under Loan Charges '' Any sums collected from Borrower will be refunded This loan you are attempting to collect, has no enforceable interest. '' As stated in the Security Deed filed, recorded and was not certified by the XXXX XXXX XXXX to secure the note. Please send substantiation of the debt to :
Company Response:
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-05-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-05-13
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been seeking a loan modification with Ocwen Loan Servicing for months. On XXXX/XXXX/2016 they verbally agreed to a discount payoff agreement. On XXXX/XXXX/2016 they followed up the verbal agreement with a letter stating the terms of the agreement. I called Ocwen back on XX/XX/XXXX@XXXX EST to get clarification on some of the items in the agreement letter only for the Ocwen representative to inform me that we no longer have an agreement. That the loan has been referred to a third party. I was not able to get any information about this third party except a phone number for me to call. I will like for Ocwen to honor the agreement we had on XX/XX/XXXX, reinforced by the letter they sent. We have an agreement. This agreement requires me to pay a certain amount and Ocwen will release the deed to the property. The agreement letter also states that 'Ocwen agrees that it shall not transfer any further obligations or rights to pursue further judgeent or deficiencies to a third-party debt collector '. But it seems this is what they have done. Please help in persuading Ocwen to abide by the agreement contained in the letter the sent to me on XXXX/XXXX/16
Company Response:
State: MD
Zip: 207XX
Submitted Via: Web
Date Sent: 2016-05-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-12
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: On XXXX XXXX, XXXX I received two ( 2 ) separate letters from XXXX XXXX who represent Ocwen, regarding my complaint to the Attorney General 's Office regarding the loan servicer, Ocwen who wrongfully and illegally taking my property as real estate owned ( XXXX ) since XXXX XXXX, XXXX. There was a foreclosure sale cancellation order that was issued on XXXX XXXX, XXXX [ EXHIBIT A ]. Therefore there was no legal conveyance ( transfer ) of property to have legally allowed Ocwen to have taken my property on XXXX XXXX, XXXX as XXXX. One letter was directed to XXXX XXXX XXXX ( AG ) and I was copied on the letter. The other letter was directed to me only and apparently sent in response to my CFPB complaint and XXXX XXXX XXXX was not copied. Both letters are attached. In the letter to XXXX XXXX XXXX XXXX XXXX stated that " additional information will be provided under separate cover by XXXX XXXX, XXXX, per Ocwen 's request for extension, dated XXXX XXXX, XXXX. I have waited for this additional information and as of today XXXX XXXX, XXXX I have not received anything. I also waited for said additional response to submit with my CFPB complaint # XXXX. In the letter to me only and sent to CFPB it stated that on or about XXXX XXXX, XXXX Ocwen received a complaint from me regarding the above-referenced property. This is not a true and factually correct statement. I have been complaining long before XXXX XXXX, XXXX. I have been contacting Ocwen since the day after the foreclosure sale was cancelled on XXXX XXXX, XXXX for which I was told that my property was in their XXXX department. I have contacted Ocwen and made numerous complaints both by phone and by emails. I also received written email from XXXX XXXX XXXX that my property was XXXX [ EXHIBIT E - page XXXX of XXXX ]. Not only was I unable to get a loan modification from Ocwen BUT I was not able to get any assistance independent of Ocwen. Investors that I was working with independent of Ocwen were not able to assist me because the property was listed as being owned by Ocwen and not by me. There were people willing to assist me. After the Final Judgment for Foreclosure was entered on XXXX XXXX, XXXX I received two ( 2 ) different letters from Ocwen on XXXX XXXX, XXXX and XXXX XXXX, XXXX for me to contact their representative for mortgage assistance [ EXHIBIT B & C ]. If Ocwen mistakenly updated its system of record to reflect that Ocwen held the property as XXXX on XXXX XXXX, XXXX then at what point did Ocwen fix a " mistake '' they supposedly made? My first contact to the Bank was on XXXX XXXX, XXXX and I was told that the property was XXXX by Ocwen and I told the representative that that information was not correct because there was a foreclosure sale cancellation order. And if this was a genuine mistake by Ocwen why was it never acknowledged and promptly corrected? For over one and a half years nothing was done to fix said " mistake ''. Instead I was told that the only way for me to ever get the property back in my name was for me to repurchase the property and that the property was listed as damaged and not for sale ; the property was definitely not damaged and I got evicted. After Ocwen took the title to the property on XXXX XXXX, XXXX the property was miraculously not damaged and listed for sale with XXXX XXXX XXXX XXXX who stated that they are " acting as an agent for Federal Loan Mortgage for the above reference property on behalf of the seller ''. [ EXHIBIT D ]. I did submit a loan modification application for this loan on XXXX/XXXX/XXXX even though Ocwen had the property as XXXX and it was not ackowledge by Ocwen. On XXXX XXXX, XXXX XXXX XXXX sent me a loan modification package for me to fill out and to send back to him. How can I legally fill out a loan modification package if I was wrongfully evicted from the property
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-05-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-05-12
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My complaint involves Ocwen Loan Servicing , LLC . The lenders payment grace period is the XXXX of the month. Due to recent Strike with my company I made my payment in full with late fee on the XXXX of the month, and only 6 days after the grace period I received a Remittance Information from Ocwen threatening to foreclose on my property if I did not bring my account to current. This may all be perfectly legal documentation but how fair is it for a company to send a threatening foreclosure statement when most statements of this sort are not even sent out until a homeowner has MISSED TWO PAYMENTS! I tried contacting Ocwen and they sent a document claiming that they are within their rights to send the form when payments are late. My complaint is that I feel their practices are shady, and they have late notices which appear to be misleading and unjustified, especially for homeowners like myself who are up to date on their current mortgage payments. I have n't MISSED a month before but I am concerned that whenever the time comes when I am late by a month, ( say during my current unemployment, that this company will throw me into Foreclosure before the two month grace period.
Company Response:
State: VA
Zip: 238XX
Submitted Via: Web
Date Sent: 2016-05-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-12
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I had a XXXX and XXXX mortgage with GMAC in XX/XX/XXXX. I received a modification from GMAC in XX/XX/XXXX and was notified of the new loan balance and payments. I began receiving monthly statements reflecting the agreed upon terms. There was no specific mention to the XXXX not being included in the modification and I never received another statement on that loan. It was my understanding that if had been rolled into the new loan. When GMAC ceased operations my loan was transferred to Ocwen and I began receiving loan statements from them. I asked Ocwen if they were aware of a XXXX loan and was told that they had no record of another loan. For the whole time period since the modification was granted I have never received a statement of any sort indicating that the XXXX loan still existed or what the status of that loan might be. On XXXX XXXX XXXX Ocwen sold/transferred a XXXX trust deed on my property to XXXX XXXX and they immediately filed a Notice of Default with no attempt to contact me. I am now suddenly {$50000.00} in arrears on a loan I could not locate and had no idea who/how to pay over the last XXXX years. I am being forced into default. At any time over the last 6 years did anyone who held this trust deed have a responcibility to notify me, send me statements or in any other way facilitate my repayment of this debt obligation?????? It was my understanding that when a loan is transferred to a different servicer notice is required. My XXXX is and has been paid as agreed and I am now at risk to lose my house to foreclosure. Had GMAC been upfront about the terms of the modification, had Ocwen honestly told me they held the loan, or had I been notified of who and where and what to pay at any time over the last 6 years this would not be happening. I am not attempting to shirk a legitimate debt but feel that numerous parties actions over the last 6 years have not been upfront or with complete transparency. I was not provided the information with which to satisfy my obligations so that others could financially benefit.
Company Response:
State: CA
Zip: 92660
Submitted Via: Web
Date Sent: 2016-05-18
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: No