Date Received: 2016-03-17
Issue: Settlement process and costs
Subissue:
Consumer Complaint: Please see my attached legal action letter sent to IndyMac Bank back on XXXX XXXX, XXXX. At that time, they had wrongfully entered my investment property, changed the locks, winterized the property, boarded windows, and then sent me a bill for all of the work. The property was vacant ( tenant evictions months prior, then then copper piping damage resulted in this vacancy for a few months ). They deemed the property was " abandoned '', which is entirely false! This letter was never addressed, and instead my loan was sold to Ocwen immediately. I am writing now, because come XXXX/XXXX/XXXX, my loan will be converting from a Interest only into a full amortizing 20 year fixed mortgage. At the time in XXXX, I took a XXXX ARM XXXX, with the plan of selling the property within those 5 years. As you can imagine, the market crashed and I am not longer able to sell. I still have not gotten back the equity that was lost. Especially the equity needed to refinance the home as a XXXX family investment. I do not qualify for XXXX, a rate and term refinance or a consolidation refinance. Additionally, I have a 2nd mortgage with XXXX, formerly XXXX XXXX XXXX, which is a 30 year due in XXXX. I have an additional 5 years on this mortgage at 9.75 % until it Balloons on me. With no options to get out of either of these mortgages, due to lack of product or assistance, I feel stuck. I am a mortgage broker myself, and have been for the past 14 years, I can not find an option to get out of these mortgage. I can not refinance and I can not sell. Additionally, because my mortgage license is tied to fiscal responsibility, there are no options for me to short sell, deed in lieu or allow foreclosure. This would all impact my mortgage origination license and ultimately harm me and my family even more. I need help. I need assistance. I am a responsible person with good income, good credit, XXXX children and a career. I have no options, and come XXXX of this year, XXXX, I am going to be put in a situation that I simply can not afford. There are no options out there for people like me who pay their mortgage on time each month, but do n't have the required equity to better their situations. Neither Ocwen or XXXX can refinance me. I have tried to Modify, but make too much money. I have been contacted by companies telling me they can get me a modification, but only If I do not pay the mortgage for 2 months. Im not willing to do this either, as that is not the right thing to do. Please let me know what options I have so I can continue to hold onto this property until I have an opportunity to sell it. I have attached a timeline of communications in which IndyMac bank simply refused to take responsibilty
Company Response:
State: MA
Zip: 02050
Submitted Via: Web
Date Sent: 2016-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ive been making automatically deducted monthly mortgage payments since my mother died on XXXX XXXX, XXXX. I updated the address in XXXX of XXXX to be XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, FL XXXX and received statements there up until XXXX XXXX. As of XXXX XXXX, Ocwen, stopped taking my auto-payments because the loan was in default without my knowledge as the address was changed by a third party research firm, hired by Ocwen. I was receiving all mail until XXXX XXXX, have the same information, and even have been checking the mail at the property address and nothing has come from Ocwen notifying me of these changes. During this same time, the ARM mortgage as varied since XXXX but I 've not seen any mortgage payment adjustment letters - as I was receiving in the past. Ocwen has put the loan in defualt and on its ' way toward forclosure and have asked that I pay legal fees, etc. to be reinstated but it was their doing in changing the information and I wo n't pay the $ XXXX legal and adminstrative fees they want to reinstate the loan. Because of this, I am asking for all related fees to be waived. I will pay for all back-payments that go to the principal and interest but no related fees for hiring this company to change the address, for inspections, etc as the property has went into non-active status without any notification coming to the correct addresses ( property address or original address ). I am asking for you to research this change and validate that the death certificate, Letters of Administration for me, and my current mailing address is what is on file. I am also asking that all fees related by removed and I am provided with the balance due to catch up ( principal and interest unpaid since XXXX XXXX ). I also am at the property address bi-weekly and have not seen any mail from Ocwen in over a year. I see that Ocwen says in the last report they tried to reach out to me but they had my correct address on file and as the mailing date for 12 months prior to Ocwen changing it to XXXX XXXX XXXX, XXXX XXXX, XXXX, CA XXXX. My mom, father ( also deceased as of XXXX XXXX ), myself, and her next of kin have never lived in/nor had a forwarding address anywhere in California. They have updated the address, not reinstated the loan and still have an incorrect address ( left an apartment number on the address ) but I am getting mail as of this week. I 've reached out multiple times to the Customer resolution center and talked with an Escalation Manager who refuses to/has not returned my calls over two months of attempts. It is clear that this is not a normal occurrence, that misinformation was received, sensible communication channels were not followed in an effective manner. HELP!
Company Response:
State: FL
Zip: 33629
Submitted Via: Web
Date Sent: 2016-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I submitted 2 mortgage payments to Ocwen Financial, one on XXXX/XXXX/2016 and XXXX/XXXX/2016. Both payments were not credited to my account until the next day resulting in erroneous reporting to credit bureaus. I made the same payments on another mortgage with XXXX which both were credited the same day. Ocwen is the only company that will not post payment same day resulting in additional late charges and erroneous delinquent credit reporting.
Company Response:
State: DC
Zip: 200XX
Submitted Via: Web
Date Sent: 2016-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-17
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: This company ( Ocwen ) wanted me to make monthly payment of {$530.00}. I paid from my bank account every 2 weeks with amount {$300.00}. They still tell me owed them? When I start my payment ; I set my bank account to made payment full amount of they want for this first month, and set my bank account to start pay as {$300.00} every 2 weeks. Total {$600.00} per month. When they told me I owed them ; I made the payment direct from my bank account ; paid them full amount they wanted for that month ; and split 2 payment of the next month start from middle of next month as one on XXXX or XXXX of the next month {$300.00} and {$300.00} at the end of next month. I did this as two three time. They still said I owed them and late payment? I call them to dress the problem ; they accuse and sometime they hanged up the phone.
Company Response:
State: FL
Zip: 32935
Submitted Via: Web
Date Sent: 2016-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-16
Issue: Managing the loan or lease
Subissue:
Consumer Complaint: Took out a home equity line of credit with XXXX XXXX in XXXX. In XXXX, XXXX XXXX transferred the servicing of the loan to Ocwen Loan Servicing , LLC . The principal balance of {$0.00} was noted by Ocwen in a letter on XXXX/XXXX/XXXX and the account was closed on XXXX/XXXX/XXXX. I received a letter from them stating that they were drafting a Satisfaction document to send to the county for Lien Release/Satisfaction on XXXX/XXXX/XXXX. To this date this has never been done. Ocwen is telling me that they have not received all necessary documents from XXXX XXXX to complete the process and XXXX XXXX claims they do n't know what Ocwen is talking about. And I still have a lien on my house!
Company Response:
State: CA
Zip: 91356
Submitted Via: Web
Date Sent: 2016-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Hello, I hope someone can help me with this problem. I have a mortgage with Ocwen. They took over the loan from GMAC several years ago. I 've lived in my house for 34 years and never had problems. XX/XX/XXXX, I was in financial trouble. In XXXX, I made a payment I thought was for XXXX, It turns out it was applied to XXXX, so In XXXX I was actually three months past due ( Including XXXX XXXX ). XX/XX/XXXX, I sent a payment for three months. It was rejected after 10 days and sent back. I called Ocwen. They told me about the XXXX payment ( my fault ) and said counting XXXX ( which was now past due ) I owed them {$2200.00} as opposed to the {$1700.00} I had sent. That day I sent them an electronic check from my bank for {$2200.00}. After 10 days the check was rejected and returned. I called them, they said I now owe for XXXX ( was not past due ) and it 's {$2900.00}. I sent another check from my bank that day for {$2900.00}. They held the check for 10 days and rejected it for being {$40.00} short. It was now past due and a late fee had been added. I sent an e-mail to Ocwen trying to resolve this situation. On XXXX XXXX I received a detailed accounting for what amount they wanted me to pay to reinstate my mortage and avoid default, which included my XXXX payment. The next morning, I sent to them by certified mail the exact amount the requested and a copy of the letter they issued to me. ( {$3300.00} ). Today, after 15 more days, that check was returned as insufficient. For three months, I have tried to pay, in good faith, every amount they requested. Their call-center is of no help and I expected this to be resolved when I immediately sent the amount stated in their letter of XXXX XXXX XXXX. What do I do? Please help. If they move forward with foreclosure, will I get some sort of hearing where I can explain my case to a Judge? Thank You, XXXX XXXX.
Company Response:
State: CA
Zip: 917XX
Submitted Via: Web
Date Sent: 2016-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-17
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I called them to see about getting a modification and the interest rate I noticed was going lower. I contacted them to see about what I can do for a modification. They told me that they had a lot of people file for modification. The talked me into in and were very professional and after the third month after the modification and that sounded good and I called them back and they said they would send me out a modification packet. I filled it out completely and I asked how long it would take. They told me it would take about XXXX 3 weeks. They told me they were not able to process it and they sent me a document that was missing. I sent that back to them and they told me that it was too late and they would need to start over with a new packet. I filled out that and sent it to them and some other issue happened and they told me I was in foreclosure. The manager told me that the computer system put out the foreclosure notice. They told me there was a sale date for XXXX the XXXX 2010 and I called back and he said not to worry about it and the computer does it. They put me into foreclosure and they never served me. I started looking for an attorney. That he had to file and they over turned the foreclosure and that after sending them papers back for the modification. They never let me know about what happened with the modification and then they had the fine when they were fined. Then we got paperwork asking me to attend by phone. They did n't do anything and refused to mediate. They guy did n't participate and we got a different judge and he did n't rule on the sanction. I started paying the mortgage after 9 months they did n't do anything. They sent me a modification and sent it back to them and my lawyer responded to them. They never responded to us and they never responded at all. XXXX I canceled the bankruptcy and to get the funds that were in bankruptcy. Then I filed a complaint with the attorney general. She wrote Ocwen and they assigned me an ombudsman. They did n't include them not serving they did n't include them not showing them doing the sale date. She also stated that I never paid a certain amount that I never paid that and I did pay it I did pay the {$4000.00} and lots of errors in her report and I had sent proof of XXXX pages and emailed her. That paperwork she said it does n't matter and it would n't help me save my house. That 's why I 'm in the situation of what they did to me. I asked them that I need a few more months and I can make payments in the next few months. I let them know about my XXXX and I would inherit his home and would be able to get money. I let them know that this is my home and I want to keep it and I just had XXXX and XXXX that would be causing me pain. I would have to be sitting down for a few weeks. If they take my house I would have no way of moving after the XXXX. I sent them proof of all the personal injury case that I would be getting money from that case. She claimed that they did serve me and sent it to my lawyer and I did n't have a lawyer at that time. It was just XXXX thing after another. I told them I had to fire my attorney and they would not talk to me if I had him. I told my attorney if he can send me a copy of the first contract that it would not correspond to him at that time. If you know where the person is you have to serve them at that place. She was saying she was going to be working with me. Then next thing I know I get an email from my prior lawyer saying they would. I contacted her and told her why did they push to ask the courthouse to get the deed so they can take ownership of the house. I told me I would need more time to pay them. I told them and provided them with everything they need. It 's not fair and it 's not legal and not ok. It 's been XXXX mistake after another. Ombudsman is supposed to be on my side she claims
Company Response:
State: FL
Zip: 34741
Submitted Via: Web
Date Sent: 2016-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-15
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XXXX/XXXX/XXXX We purchased a home. Our loan was sold to Ocwen which changed to a predatory negative amortization loan. The loan amount was $ XXXX. On XXXX/XXXX/XXXX We received a predatory loan modification from Ocwen. At time we were thrilled. We thought we can save our home. Under TILA and Dodd Frank Act this is considered a predatory mortgage and is in direct violation. This is not a Qualified mortgage. We live in a large Metropolitan area not in a rural or underserved area. The servicer, Ocwen did not take into consideration our ability to repay. Ocwen imposed upon us unfair and deceptive tactics that violate the Dodd Frank Consumer Protection Act 78 FR 6408. I will upload all documents for your review. On page XXXX, # XXXX XXXX of the modification They have force placed insurance.Ocwen does not accurately disperse escrow funds. They charge excessive fees without any expolanation. What is scary is that even if I try to refy, as stated in the modification, Ocwen retains the right to foreclose on the property and change the terms of the balloon payment. This XXXX XXXX, I fell behind and asked for assistance. Ocwen gave us a forebearance plan. We have met every payment on time. We were required to pay down {$3000.00} before even being considered for a repayment plan. I made my XXXX payment on time. I revieved notice of that my foreclosure sale date scheduled on XXXX/XXXX/XXXX was moved to XXXX/XXXX/XXXX. I have tried to escalate my case. I was told by XXXX XXXX XXXX, Senior Manager of the Trustee for XXXX to file a complaint with the CFPB.gov. How could they put me in foreclosure when I have met every payment obligation?
Company Response:
State: AZ
Zip: 85249
Submitted Via: Web
Date Sent: 2016-03-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-15
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: On XXXX XXXX, XXXX I refinanced my mortgage with Option One Mortgage Company in the amount of XXXX. Option One Mortgage became a defunct entity in the state of North Carolina in XXXX. On XXXX XXXX, XXXX I received a notice of foreclosure of deed of trust from XXXX XXXX. This notice stated that the present holder of the deed of trust is XXXX XXXX Bank XXXX XXXX XXXX for XXXX XXXX XXXX XXXX XXXX. There was no note attached to notice of hearing. On XX/XX/XXXX months after the notice of foreclosure an assignment of the mortgage from Option One Mortgage Corporation ( a defunct entity ) was assigned to XXXX XXXX Bank XXXX XXXX XXXX for XXXX XXXX XXXX XXXX XXXX. Although XXXX XXXX and XXXX require the servicing company to send a pre-foreclosure notice and notice information, the servicing company did not provide the notice before accelerating the loan on behalf of XXXX XXXX Bank XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX before become the alleged holder of the note on XXXX XXXX, XXXX according the assignment recorded in the XXXX XXXX XXXX of deeds on XXXX XXXX, XXXX. The deed of trust signed by myself and my spouse clearly states that notice would be sent before the acceleration of the debt. The servicing company is attempting to have the property sold on Tuesday XXXX XXXX at XXXX when it knows that the 45 day pre-foreclosure/acceleration letter was not mailed as required by NC law.
Company Response:
State: NC
Zip: 28079
Submitted Via: Web
Date Sent: 2016-03-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-15
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I was contacted by someone claiming to be with our lender, Ocwen, who claimed that we had been approved for HAMP. They sent paperwork for us to sign and we faxed it back to them at XXXX. They continued to call and provided us with a name to send {$500.00} via XXXX XXXX to. The first payment went through but XXXX XXXX denied the next payment. We became suspicious when the rep we were speaking with told us there was a fraud situation, so we met with a housing counselor. When Ocwen was contact they had no record of the HAMP, paperwork or payment. It was all a scam.
Company Response:
State: NC
Zip: 28659
Submitted Via: Web
Date Sent: 2016-03-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No