Date Received: 2016-03-24
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We obtained a refinance of the mortgage on our home.The new mortgager was GMAC.The title company never paid off the original mortgage with XXXX and XXXX principles of XXXX Title ended up in prison.We were able to negotiate a settlement with GMAC so we did not have XXXX mortgages on the same property.Subsequently GMAC sold our released mortgage to Ocwen who then tried to forclose on the property.We avoided the foreclosure and reached a settlement with Ocwen because they ruined our credit after starting foreclosure proceedings XXXX separate times.The question is since GMAC no longer exists do we have any recourse against GMACXXXX for violating the terms of the confidential settlement agreement?
Company Response:
State: IL
Zip: 60532
Submitted Via: Web
Date Sent: 2016-03-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-25
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: OCWEN gave me a loan modification for my property about 24 months ago but it was unaffordable. I paid it for about a year, but could not keep up with the payments because it was still a very high interest rate. I 've been trying to get another modification ever since to a 2 % rate similar to the government HAMP program.
Company Response:
State: CA
Zip: 91301
Submitted Via: Web
Date Sent: 2016-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-24
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen consistantly provides inacurate information regarding payment amounts. We have been denied credit due to the the negative information on our credit report. I have been trying to get this revolved for 1 1/2 years. The State Department and the State attorneys office have both told me to retain a lawyer. I would but I do not have the funds available to do that..
Company Response:
State: WI
Zip: 531XX
Submitted Via: Web
Date Sent: 2016-03-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-24
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I submit this complaint due to the unfairness, misrepresentation and confusion surrounding loan modification requests and the ability to keep my property. Specifically, I was served with a MORTGAGE FORECLOSURE SUMMONS from Ocwen Loan Servicing on XXXX after completing XXXX Trial Period Payments : 3 months in XXXX and 4 months in XXXX. History : I applied for a mortgage modification on my own in XXXX, was granted Temporary Trial payments for 3 months after being TOLD to skip the month of XXXX XXXX and to wait for PERMANENT MODIFICATION DOCUMENTS to come in the mail. After waiting more than the required 3 months, I finally received a SUBORDINATE MORTGAGE AND SUBORDINATE NOTE in XXXX XXXX which had to be notarized. On XXXX XXXX, XXXX, I learned the documents from XXXX were subsequently filed with the RECORDER OF DEEDS FOR XXXX XXXX. I was notified via email sent to my inbox from the XXXX. In, XXXX XXXX, while still waiting for PERMANENT MODIFICATION documents to come in the mail and finally learning from a Relationship Manager that I was never approved for a PERMANENT MODIFICATION, only a PARTIAL CLAIM, I decided to enlist the aid of XXXX, the Neighborhood Assistance XXXX XXXX XXXX XXXX certified HUD XXXX XXXX and advocacy organization ). I needed someone more knowledgeable about my needs to try to get a more permanent solution in order to keep my home. With the assistance of XXXX, on XXXX XXXX, XXXX, I was finally approved for a HAMP Modification Restructure. An approval letter was submitted to the representatives at XXXX. My case file on XXXX 's website listed a total restructuring of my mortgage : lower interest and monthly payments for 360 months. XXXX representatives told me to wait on the receipt of permanent modification documents to come in the mail. On the same day, I spoke with an Ocwen Advocacy Team Member, XXXX XXXX, ID # XXXX. I was told I was approved for a GOVERNMENT HAMP MODIFICATION governed by XXXX XXXX but not an Ocwen type Modification. I was given the exact same terms presented to XXXX and was told to wait on the PERMANENT MODIFICATION documents to come in the mail. In the meantime, I received papers approving a XXXX Trial Period Payment Plan for 4 months. I made those payments. On XXXX, I received a letter from Ocwen stating a review of my loss mitigation application and financial information was performed and unfortunately I am denied a HAMP Modicfication. A notification was sent to XXXX from Ocwen stating, " We are unable to offer you a Home Affordable Modification because : The owner and/or insurer of your loan allows only XXXX modification every 24 months. Please note, not all eligibility factors were evaluated. XXXX had a partial claim completed in XXXX, unable to offer another Modification /partial claim as loan was modified/partial claim within last 24 months ''. I had been approved in XXXX XXXX, told to wait for documents in the mail, patiently waited, and 4 months later, on XXXX XXXX, XXXX was told I never should have gotten the modification. ( HUH? ) XXXX XXXX, Ocwen stopped accepting XXXX payments and demanded over {$6000.00} to reinstate my mortgage, closed case # XXXX with the XXXX gave me a Short-Sale option. In addition, Ocwen mortgage website indicated {$0.00} due and next payment due XXXX. My mortgage ESCALATED over night XXXX XXXX? ) XXXX, I 'm served a foreclosure notice. XXXX, I visited another certified Housing Counselor, the XXXX XXXX XXXX who initiated yet a XXXX Modification request but on XXXX, was denied for ANY type of modification assistance. After being served, I filed an Appearance and Answer to the foreclosure notice. I 'm due in court XXXX. How do I proceed? Ocwen and its representatives only confuse me when they say one thing but I receive another in the mail. It 's unfair. Please advise.
Company Response:
State: IL
Zip: 60620
Submitted Via: Web
Date Sent: 2016-03-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We had a unit that sat vacant for 6 years without any action by the bank ( s ) except to pay all fees after foreclosure filed by HOA. It is all ok now but we were very frustrated for 6 years with no action!! It finally went to auction and was purchased for {$18000.00} with the bank still having interest. The new owner will work with the bank to take full ownership. It is currently rented. We have been complaining about the lack of attention by the bank ... went to OCWEN who will not respond ... tell you to write ... still do n't respond. Grrrr.
Company Response:
State: WA
Zip: 98032
Submitted Via: Web
Date Sent: 2016-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I previously filed a complaint ( Complaint # XXXX ) but I do not know how to respond to Ocwen 's response. They have not addressed the issue as to why the account balance was so irreconcilable with the amortization schedule for the loan. It has also come to my attention that the Mortgage loan by Mellon Bank, N.A. to me was illegal because it charged an interest rate in excess of what was allowable under the law. The maximum interest rate allowed under federal law for a XXXX is based on the maximum interest rate allowed by the State where that bank is located. ( 12 U.S. Code 85 ) Mellon Bank, N.A. was located in XXXX at the time of the loan as evidenced by the Plaintiff 's promissory note wherein Mellon Bank 's business address is shown to be in XXXX, Pennsylvania. The recorded Mortgage document definitively establishes in legally binding fashion that the location of Mellon Bank, N.A. is officially in Pennsylvania, as Mellon Bank, N.A. itself declares in the Certificate of Residence of Mortgagee : " Mellon Bank, N.A., Mortgagee within named, hereby certifies that its principal place of business is at Mellon Bank XXXX XXXX, Pennsylvania XXXX ''. The maximum rate of interest under Pennsylvania law at the time of the loan was 8.5 % ( XXXX ), and illegal rate of interest established by the promissory note is therein declared to be 8.99 %, although the Note 's monthly payment amount of {$450.00} over 180 months was inexplicably charging the Plaintiff an actual interest rate of 9.0107 %. I got a mortgage loan with Mellon Bank in XXXX XXXX for {$44.00}, XXXX. The servicing of that loan was transferred to Litton Loan Servicing in XXXX XXXX. Ocwen Loan Servicing then acquired Litton Loan Servicing and according assumed the servicing of my mortgage. My loan was current and never delinquent or in default until I was diagnosed with XXXX and required immediate XXXX in XXXX XXXX. Our first missed payment was for XXXX XXXX. We pursued loan modification with Ocwen and they played games in the processing of the modification saying several times that they were missing documents, etc. They finally came back with a Modification Agreement which included a balloon disclosure of an undetermined amount. My original loan never included a balloon payment, so the presence of a large balloon payment made me first question Ocwen 's accounting of the loan. After reviewing my payments and how the loan should have amortized according to a loan amortization schedule, I discovered that there was a serious principal balance discrepancy of {$2400.00} dating back to when Litton Loan took over the servicing of the loan from Mellon Bank. Unbeknownst to me at the time, that discrepant amount of {$2400.00} was accruing interest charges and grew to be {$3800.00} by XXXX XXXX before my mortgage delinquency began in XXXX XXXX. After confronting Ocwen regarding the inexplicably inflated principal balance and challenging them to provide a legitimate accounting of the loan that would justify the inflated principal balance, they maintained that because I did not contest the principal balance amount reflected on the servicing transfer notice sent to me when Ocwen took over Litton Loan Servicing that I became liable for that then-uncontested amount. They said that I must sign the Modification Agreement with the illegitimately inflated principal balance or I would face foreclosure. I was denied a loan modification because I could not accept their unjustifiably inflated principal balance amount. I did subsequently bring the mortgage current and the loan was reinstated and foreclosure proceedings halted. I paid the final payment required by my Promissory Note in XXXX XXXX. After making 180 payments totaling well in excess of what I agreed to, I maintain that the loan has been paid off.
Company Response:
State: PA
Zip: 152XX
Submitted Via: Web
Date Sent: 2016-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My loan is serviced by XXXX but the owner of the note is US Bank, N.A. as trustee for XXXX XXXX XXXX XXXX. All along, XXXX states to me to send in a modification package then 5 days later they say sorry the owner of the loan does not participate in loan modifications at all. Im so sorry I know I am XXXX and do not speak english good but there is laws in California regarding they need to review my financial situation and give me options to foreclosure, they say to me pay off the loan, that is your option. XXXX is stationed in XXXX and owner of the loan does not participate in modification, so theses people are allowed to not comply with California laws. This is unfair that the owner of the note hire XXXX ( a complany in XXXX ) to tll us Californians sorry you and your family are going to be homeless. I want to pay my mortgage I have ability to pay, please help me to stop the owner of the note from hiding behind XXXX and not complying with Ca laws.
Company Response:
State: CA
Zip: 953XX
Submitted Via: Web
Date Sent: 2016-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We are in foreclosure due to some extreme financial hardship and have been attempting to take advantage of a loan modification program offered by our mortgage servicer Ocwen Loan Servicing. Over the past two months we have attempted to submit the required paperwork multiple times. They have rejected various pieces of the paperwork several times and it is difficult to get a clear answer as to why the documents were not sufficient. The main issue now is that they have not postponed the sale date and we now have to get a lawyer and file for a postponement ourselves. If they had started the loan mod process they would have postponed the sale, but as I say they have repeatedly found fault with the documents we submitted and the mod process has n't officially begun. The company is very difficult to reach with representatives clearly not in the US, often making it difficult to comprehend what they are saying. All we need is to modify the loan in some way, whether that be a refinance or even shifting the past due amount to the end of the loan term, so we can begin making payments again. It is clear to me that these delays are an intentional tactic, as some cursory research has shown Ocwen to be a very difficult company with many thousands of consumer complaints against them. Both the lawyer and an advocate we contacted knew of Ocwen 's dismal reputation.
Company Response:
State: PA
Zip: 17603
Submitted Via: Web
Date Sent: 2016-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Purchased our home in XXXX. Ultimately foreclosed in XXXX XXXX. The lender was Ocwen. Made several good faith attempts to save our home including working with a real estate agent to short sale the property -- which the offer was declined by the bank and eventually auctioned for an amount significantly lower than the short sale offer. Attempted to negotiate a loan modification, but never able to finalize details -- always seemed to get the run around with them -- long wait times when trying to speak with anyone from the company, being transferred from XXXX unknowing representative to another, unable to reach anybody, etc. Husband withdrew money from his XXXX to save the home. Because of the devastation of losing the home, it never occurred to me that there may have been conspiracy or fraudulent dealings with the loss of the home. At the time, we had XXXX small children ( ages XXXX ) to find another home for. At first I thought it was bid-rigging after reading an article about that concept. I reported the incident to the XXXX and they referred me to you. Balance on the home was {$700000.00}. Sold at auction for {$280000.00} on XXXX/XXXX/XXXX purchased by real estate investor. Sold for {$480000.00} on XXXX/XXXX/XXXX. We worked with a real estate agent to short sale to save our credit. The short sale offer to the bank was significantly higher than the auction price -- do n't have that dollar amount off the top of my head. Needless to say, lives were destroyed. Caused so much hardship that the marriage was affected and the family is now broken. Hundreds of thousands of dollars in personal loss, credit ruined and just an overall loss of faith in ever owning a home again.
Company Response:
State: CA
Zip: 91913
Submitted Via: Web
Date Sent: 2016-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-23
Issue: False statements or representation
Subissue: Impersonated an attorney or official
Consumer Complaint: I filed a complaint with the Consumer Finance Protection Bureau regarding issues with Ocwen Loan Servicing and it 's predecessors not providing a 30 day FDCPA letter and I was told by Ocwen that additional time was needed and I was later contacted by Attorney XXXX XXXX XXXX informing me that his law firm represented Ocwen Loan Servicing in Complaint No. XXXX. I sent an email to XXXX XXXX as the letter clearly sated to contact him with any questions. I never received a response back from Attorney XXXX XXXX, but I have since discovered that Attorney XXXX XXXX is not licensed to practice law in the State of North Carolina. Valuable time was wasted by Attorney XXXX 's failure to contact me back and my property was sold on today, XXXX XXXX, 2016 at XXXX XXXX after Ocwen informed me on several occasions that the sale had been postponed. Once I had confirmation from Ocwen that the sale was postponed, I went to Ocwen online set up an appointment with my relationship manager to discuss alternatives to foreclosure while the sale had been placed on hold. The appointment was confirmed for today, XXXX XXXX, 2016 at XXXX. I was given a temporary relationship manager as my relationship manager was unavailable for the appointment time. At XXXX, during my appointment time, my temporary relationship manager informed me that the sale was postponed and that I could download the forms for a modification on-line. I called back again after the time that the sale was originally set for only to find out that the property was sold and that Ocwen had provided false statements to me regarding the postponement of the sale. I have attached a copy of the confirmed appointment time which mentions the fact that the sale was postponed along with a copy of the letter from Attorney XXXX XXXX, who is not a licensed attorney in the state of North Carolina.
Company Response:
State: NC
Zip: 28079
Submitted Via: Web
Date Sent: 2016-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No