Date Received: 2016-03-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: On XXXX/XXXX/XXXX, I received approval correspondence dated XXXX/XXXX/XXXX, from Ocwen to enter into trial period plan under HAMP & instructions on how to accept the offer. In that approval letter, it states that in order to accept the trial period offer, " you must make the first monthly trial period payment by the date show below. '' As you can see on page XXXX, the date of the first payment is on XXXX/XXXX/XXXX. As of the date of this filing, the trial period payment is not due until XXXX/XXXX/XXXX, therefore, there is not a denial or failure to comply with the terms of the offer/agreement. Further, on page XXXX, it states " If you accept this offer by making the first trial period payment in a timely manner and you continue to make all other trial period payments in a timely manner and otherwise comply with the terms set forth herein, we will not conduct a foreclosure sale. '' Page XXXX states " The terms of the trial period plan below are effective on the date you make your first trial period payment, provided ( i ) you make such payment on or before XXXX/XXXX/XXXX ... '' Then it states " If you accept this offer as described above and otherwise comply with the terms of the trial period plan, we will not proceed with foreclosure sale during the trial period. '' Page XXXX is the Trial Payment Plan Coupons stating the date the first, second and third payment is due. On XXXX/XXXX/XXXX, we received the attached notice from The XXXX XXXX XXXX, XXXX, indicating that there is a foreclosure sale on the property. Upon further investigation, we found the property listed on the XXXX website with a sale date of XXXX/XXXX/XXXX, as well as the XXXX XXXX XXXX ' website with a sale date of XXXX/XXXX/XXXX. We also found the legal advertisement public notice, advertising the sale of the property for XXXX/XXXX/XXXX. Per the National Mortgage Settlement, which requires Ocwen to comply with the new standards, and the XXXX/XXXX/XXXX CFPB Rules, we have completed and submitted the loan modification application with all attachments timely, post referral to foreclosure, we received an approval letter, and we have NOT rejected the offer or failed to comply with the terms of the offer, such as trial modification. Exh. A of Ocwen Servicing Standards, Section IV ( B ) ( 8 ) states : If, after an eligible borrower has been referred to foreclosure, Servicer receives a complete loan modification application more than 30 days after the Post Referral to Foreclosure Solicitation Letter, but within 37 to 15 days before a foreclosure sale is scheduled ... and, if the borrower is extended a loan modification offer, Servicer shall postpone any foreclosure sale until the earlier of ( a ) 14 days after the date of the related evaluation notice, and ( b ) the date the borrower declines the loan modification offer. If the borrower timely accepts the loan modification offer ( either in writing or by submitting the first trial modification payment ), Servicer shall delay the foreclosure sale until the later of ( if applicable ) ( A ) the failure by the Servicer timely to receive the first trial period payment, and ( B ) if the Servicer timely receives the first trial period payment, after the borrower breaches the trial plan. Section B ( 11 ) states : Servicer shall not move to judgment or order of sale or proceed with a foreclosure sale under any of the following circumstances : a. The borrower is in compliance with the terms of a trial loan modification, forbearance, or repayment plan. I have reviewed the approval offer from Ocwen, and see no other instruction on " acceptance '' offer than to make 1st payment on or before XXXX/XXXX/XXXX. Verbal acceptance, although NOT instructed by Ocwen, was given via email. The offer was dated XXXX/XXXX/XXXX and 14 days from that date is XXXX/XXXX/XXXX, so there is not a breach in the terms of the offer, despite Ocwen instructing 1st payment on XXXX/XXXX/XXXX more than 14 days after the offer.
Company Response:
State: MD
Zip: 21222
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I feel I am at a loss and have exhausted all resources at this point in, the process seemingly stalled for an unknown reason, I ( WE ) run the risk of losing the interest of the buyers that are currently contracted to purchase the property. Needless to say, if our perspective buyers decline to purchase the property for the reasons of time and inconvenience, I will experience an even greater hardship attempting to pursue alternatives to your " Help for Homeowners '' program ( s ). This has been very stressful and me as a XXXX XXXX who served my country for 21 years feels as if I am being victimized. According the the RMA application XXXX XXXX is my relationship manager. I expected a call from him today to discuss my Short Sale status. Instead, I received a call from another relationship manager. What prompts my email today is that the call contained no new information with the exception of the same information that I received during my last call. Because I have been involved in the process for over a month, which understandably has its own parameters, I feel as if there is not enough information shared across departments that is beneficial to be and the listed buyers of the property listed at XXXX XXXX XXXX XXXX, XXXX 'XXXX XXXX. I have formally requested a call from my Relationship Manager prior to my next scheduled call for an update. I do not feel that other RMs have possessed enough correct information pursuant to the Short Sale process that I have in progress to assure me or reassure me that they are invested in my well-being or the well-being of those who stand behind me and/or involved in the actual transaction leading to a sale. I do thank you for allowing me to share this information with you. I hope that it helps to elevate the level of concern, knowing that I am only trying to get this property into the hands of a well-deserving and patient family. I have submitted the purchase price offer, sales contract, and approval letter from the buyers and provided my Realtors contact with the completed application for short sale on XXXX/XXXX/2016 as Ocwen requested. The appraisal and inspection were completed as well. I have gracefully followed all Short Procedures with much patience. I have provided all documentation requested. On XXXX/XXXX/2016 I contacted Ocwen regarding the status of my Short Sale and they said they had all completed documents and the Short Sale was in review. I was told to call them on the following Thursday, XXXX/XXXX/2016 at Noon to discuss the status and if I will be able to close on the property and to my dismay I was told by my Relationship Manager they needed additional documents completed. I completed all documents the day I received them and submitted them the next day. I have contacted Ocwen every Thursday at XXXX as they requested. I have not received a response on the Short Sale approval and now I feel like I will be placed in a position to lose the buyers who are now looking for other homes. I will be pressed to file bankruptcy or foreclose after all the effort I have placed in to working with Ocwen. According to the Short Sale application to avoid delays - To avoid delays, please make sure all pages are complete, accurate, and signed or initialed where indicated. Send all forms & documents at XXXX time within 15 days of the date of this letter and send ALL pages of requested documents. KEEP YOUR ORIGINALS! Send copies for your application. Be sure to SIGN and DATE forms. The faster you apply, the faster we reply. I have met all requirements to avoid delays I am not sure what else to do!
Company Response:
State: MO
Zip: 641XX
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: This complaint is actually directed to the Consumer Financial Protection Bureau ( CFPB ) in regards to Case numbers : XXXX and case number XXXX. Please reference the above mentioned case numbers for details. These cases are in regards to an illegal foreclosure action by Ocwen Loan Servicing LLC . Ocwen was awarded summary judgment based on a robo-signed affidavit. As the lawyer for Ocwen stated, in response to the above referenced cases, Ocwen Loan Servicing LLC has proceeded with a foreclosure action docketed as XXXX in the XXXX XXXX XXXX New Jersey. In that action, the Court granted Summary Judgment in favor of XXXX, as Trustee. The court based its response on the XXXX XXXX affidavit provided by Ocwen Loan Servicing LLC, which appears to be another robo-signed affidavit. As referenced in CFPB case numbers XXXX and XXXX, I requested that the lawyer for Ocwen provide evidence that the Plaintiff, the trust named " XXXX as trustee of XXXX., Asset-Backed Pass-Through Certificates, XXXX XXXX '' still exists. The trust in this foreclosure action has not filed any paperwork with the SEC since 2006. The lawyer failed to provide any evidence that the Plaintiff exists. How can a trust that does not exist, sue for foreclosure? I mentioned, in the above referenced cases, that the XXXX XXXX affidavit is probably a robo-signed document. I demonstrated that XXXX XXXX is a robo-signer by providing copies of other XXXX XXXX affidavits in previous Ocwen foreclosure actions ( see attachments ). After I submitted these XXXX XXXX affidavits, in the referenced CFPB cases, the alleged " real '' note for the home suddenly made an appearance. This is the first time the note has been provided, throughout this entire foreclosure process. The lawyer submitted the alleged original note for the mortgage with an undated allonge that has a blank endorsement. This allonge can belong to any document or to any other note. The CFPB has already demonstrated that Ocwen Loan Servicing LLC has used robo-signed affidavits and doctored documents to illegally win foreclosures in courts ( see attachments ). The lawyer for Ocwen has notified me that he will be filing for final judgment in this foreclosure case. This means that despite the CFPB actions to keep Ocwen from conducting illegal foreclosures with robo-signed affidavits, Ocwen continues to do so. I understand that the CFPB " can not comment on possible violations of the law unless they 're made public '' but Ocwen Loan Servicing LLC 's violations against home owners were made public and published on your website ( see attachment ). Now Ocwen Loan Servicing LLC is repeating the same actions, despite the CFPBs actions against Ocwen. I am a retiree, surviving on a small pension and social security, so I can not afford counsel. How many new complaints against Ocwen Loan Servicing LLC need to be filed in order for the CFPB to stop them from repeating the same violations that they were already prosecuted for?
Company Response:
State: NJ
Zip: 07065
Submitted Via: Web
Date Sent: 2016-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My mortgage lender started foreclosure proceedings then stopped short of a sheriff 's sale.then they turned everything over to a company called ocwen a debt collection agency. my husband and I purchased the house in XX/XX/XXXX as a retirement place for the XXXX of us. they also sold us an insurance policy that would pay off the house in the event one of became deceased. My husband became ill and later passed away.I contatcted Option 1 the mortgagor at that time as well as the stated insurance company I sent the death certificate I was told that was not what the policy was for.Fimally icould not make the payments without my husbands income the house would sale for what was owed on it.They would not allow me to return the keys in leiu of foreclosure I moved into my sisters home as I could no longer pay nor could I maintain.. XX/XX/XXXX I submitted a hardship affidavit and they allowed me to list the house with a realtor they will not accept any offers citing the are too low.In the meantime they continue to harass me for money I do n't have.I afraid to answer the also send several letters a month with ever increasing demands for payments. they want over XXXX XXXX dollars amonth at this time.I do n't have the money I do n't know what to do I made my last payment XX/XX/XXXX.that was the last of the insurance money from my husbands death.the house is empty and still in mine my husbands name.
Company Response:
State: LA
Zip: 710XX
Submitted Via: Web
Date Sent: 2016-03-02
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Loan Number : XXXX I am a single mother of XXXX children and I 've been struggling every month to make my monthly mortgage payment of approximately {$1800.00}. I have applied many many times over the years, starting in XXXX for the XXXX mortgage modification program. OCWEN representatives emails me the documents, I complete it and faxed everything back and then months later I receive a letter stating they have n't received a tax form or something else did n't go through. So, I quickly refax it and call the customer service line and they tell me they received it. Then I hear nothing back. I keep calling and calling and they tell me they are reviewing my file, and NOTHING. I 'm sitting in limbo and then I 'm told to maybe default on my payment so I can be approved quicker and I WILL NOT DO THAT! I pride myself in making my payments on time although it is critically impact my livelihood and my children 's. It 's fraudulent to consistently be left without a decision, when I am clearly qualified for a modification. I have all the letters from OCWEN since XXXX and not one letter has come my way stating that I am not qualified and the reasons as to why I am not. I unfortunately am upside down on my home value and can not refinance anywhere although my credit score is outstanding. I 'm stuck between a rock and a hard place, I just feel they are trying to pressure me into giving up so they can take my home.
Company Response:
State: MD
Zip: 21133
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-01
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: XXXX XXXX Filed False Paperwork into the county Records a crime PC115 causing a cloud on my title, Exhibit A XXXX XXXX Misrepresented themselves by substituting XXXX XXXX Exhibit ( A ) as Trustee then using TRUSTEE CORPS as a Trustee on other paperwork. XXXX XXXX took an action it was not legally entitled to take violating 1692 ( e ) ( v ) XXXX XXXX Failed to Disclose who the Foreclosing Party they allegedly Represented was ( Unjust Enrichment ) EXHIBIT ( B ) ( C ) XXXX XXXX used the courts and police & Sheriff Department to Forcefully Remove my from my Home by Filing False Court documents.
Company Response:
State: CA
Zip: 91765
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-02
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen continues to report to my credit bureau erroneously. In XXXX I purchased a condo on what I now know to be an XXXX purchase loan package. The condo foreclosed in XXXX XXXX. Under XXXX. XXXX XXXX, I am protected from anti-deficiency on purchase loan. After repeated efforts to clear this since XXXX, Ocwen continues to report it as owing and delinquent. Can you help?
Company Response:
State: AZ
Zip: 85345
Submitted Via: Web
Date Sent: 2016-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-01
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My mortgage loan servicer, Ocwen Loan Servicing, has breached the forbearance agreement by changing the terms and they did not notify me. I happened to go into my account today and I see that I am delinquent when I should not be. I have been following the terms of the agreement I had agreed on for over a year now. Suddenly the payments have changed. They have increased. I was shocked to see I was still owing for XXXX. I called up to Ocwen confused as to why my payments are different now and the first agent I spoke to, XXXX, said that I was delinquent on the taxes and that the taxes 'had not been paid '. This did n't sound right ( and I later found out she was incorrect ) because Ocwen has been paying the taxes for me for years. I have been escrowed with the taxes. The agent gave me inaccurate information by continuing to assert that I was suppose to be paying the taxes. So I requested an " escalation representative '' and she transferred me to " XXXX ''. XXXX researched my account and said that no.. the previous agent was wrong. She said that Ocwen had been paying the taxes and she then said that it appeared someone had gone into the system and 'changed the agreement ' that I had agreed to in regards to the Forbearance agreement. She could n't understand why they had done this and she then transferred me to XXXX ( a home retention agent ). I asked for XXXX to remain on the line after she offered but XXXX refused to speak to me unless XXXX dropped from the line. He said his computer system would not let him even pull up my account while the Ocwen retention agent was online ( even though she had bagged out of my account ). I knew this was a lie. So at this point I told him and XXXX that this was the third or fourth time my forbearance agreement had been changed without any notification to me or consent from me. I asked her to have her manager call me. The call was concluded. The call was made on XXXX/XXXX/2015 at around XXXX XXXX. I have had such trouble with Ocwen. Starting from them over-billing me, Locking me out of my home and trashing my home and putting foreclosure all over my credit reports for two years when I had never been foreclosed. I have prayed for some type of relief. I thought after the previous lawsuit I had found relief. But now nothing has changed. Ocwen is back to changing agreements without notification or consent and I am now again in danger of losing my home. I pray for the CFPB to help me. Please put me in touch with an attorney. Or someone who can help me. No one cares about the little guys. No one cares about us. Please help me.
Company Response:
State: TX
Zip: 75240
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-03-01
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I 'm filing a complaint against Ocwen Loan Servicing ( OLS ) and XXXX XXXX XXXX. regarding a matter of dual tracking, illegal foreclosure and deceptive practices as well as non-transparency while servicing lien rights. My wife was and still is currently caring for her mother which is suffering from XXXX, which involves weekly XXXX as well as our son which was XXXX at the age of XXXX. My wife was in the middle of negotiations with OLS, before, during and after the sale of my home occurred. The timeline leading to the sale of my home on XXXX XXXX, 2015 are as follows : My wife received a call from OLS, agent on Tuesday, XXXX XXXX, 2015 demanding payment on the mortgage loan in question. She emphatically advised the agent that we desired to keep the property and save our home, particularly due to the medical conditions of our family members as well as positive equity in the home at that time. She attempted to offer a payment over the phone and was advised that certified funds is required and was given XXXX XXXX ( XXXX ) money wire information. My wife promptly made payment via XXXX, the very next day on XXXX XXXX, 2015. ( See Exhibit A-Western Union Payment Receipt ) Apparently, OLS rejected the payment without notifying me of any such action. This is XXXX of many deceptive actions that were perpetrated against my family before and during the execution of sale of our home. Misleading my wife 's efforts to make amends in catching up on our loan modification payments. We were made to believe that OLS, was in fact on outside and working with us to overcome our delinquency.We did not find out about our payment being rejected until my wife received a letter via regular mail from XXXX at XX/XX/XXXX, which was dated XXXX XXXX, 2015. ( See Exhibit B- XXXX XXXX notice of rejected payment ) My wife immediately contacted OLS on XXXX XXXX, 2015 about the rejected payment and was advised she needed to apply for a loan modification. At no point did the agent advise my wife of any action such as referral to the law office of XXXX XXXX. After completing a financial interview with her over the phone, the agent allegedly generated a modification package to be sent and an appointment was set to speak with a relationship XXXX named ( XXXX XXXX ) for XXXX XXXX, 2015. The day of the conference call was received by XXXX, my wife expressed that the package had just been received the day before on XXXX XXXX, 2015. XXXX apologized for the delay and again for the rejected XXXX payment from XX/XX/XXXX and assured my wife that there would be no sale attempts made to the property and all activity was on hold due to the initiated review and the fact that there was an assigned single point of contact ( SPOC ). In fact, XXXX went as far as completing another over the phone interview with my wife as done by the previous agent on XXXX XXXX, 2015. She asked when she could gather and fax the required documents to support the information given over the phone. She advised the agent that she would have the documents faxed no later than XXXX XXXX, 2015. XXXX again assured my wife that all was well and that she need not worry of any threats to the subject property and set up a new conference call for XXXX XXXX, 2015, making no mention of potential sale date pending for XXXX XXXX, 2015, further desensitizing my wife to any threat of foreclosure, which is deceptive and misleading, fraud to strip away all positive equity in our home. ( See Exhibit C- XXXX XXXX Electronically Completed RMA Dated XXXX XXXX, 2015 created by OLS internal System ) After our home was sold on XX/XX/XXXX and XXXX called as planned on XXXX XXXX, 2015, to say the home was sold and nothing could be done any longer. Also that we would have to deal with the Real Estate owned department from now on.
Company Response:
State: MI
Zip: 49120
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-01
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have had this mortgage for 10 years and never carried an escrow, I have paid all taxes and insurance on my own. In XXXX XXXX Ocwen attempted to collect insurance, after much hassle and phone calls I had to prove that I had a good policy with XXXX, Ocwen continued to insist that I had to pay insurance a year in advance. In XXXX XXXX Ocwen put an escrow onto my account without contacting me. My county offers a payment plan which I took advantage of, Ocwen decided to make all taxes due despite this. I received my check for tax payment back from Ocwen. After 8 phone calls I finally just paid all taxes and fees to avoid late payments and an escrow. At this time I was told that this " WOULD NEVER HAPPEN AGAIN ''. Two weeks later-it happened again. I called Ocwen and wa told that I had delinquent taxes, i was very concerned so I called my county tax office and confirmed that I did not have any delinquent taxes, nothing due until XX/XX/XXXX. I again called Ocwen and they insisted that the XXXX taxes were delinquent and I owed them another escrow in full. I was then transferred and was told they would " research '' and call me back-16 days later. I waited and was again told that they needed to research further and again told my taxes weer delinquent. Mind you, I had not even appraoched the due date yet. At this time I asked " what should I do? '' and was told, " do n't do anything, this is Ocwen 's error and we will fix the unfortunate situation ''. Weeks passed and I kept calling, same response each time. In the meantime I am incurring late fees, property inspection fees and certified mail fees. On one day I was charged 11 times for certified mail, another day 7 times. I have NEVER received even one certified letter! Multiple inspection fees on one day also. I have called almost 100 times, I have sent multiple letters and emails. Yet today, 5 months later XX/XX/XXXX, I am still being told that I had delinquent taxes and I have to send another letter requesting that my account is researched. I do n't know how to prove that XX/XX/XXXX comes before XX/XX/XXXX except to send Ocwen an American Calendar. I have even said-ok how much can I pay to resolve this? The reps refused to give me a dollar amount. They would not let me give in and fix this. Any internet search shows how historically deceptive Ocwen is. Why are they still allowed to be in the business of taking homes from hard working people?? I have been told by XXXX reps that no foreclosure proceedings would take place but again that was deceptive and they are now threatening foreclosure. Please help to rectify this very stressful problem. Thank you.
Company Response:
State: TX
Zip: 77471
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No