Date Received: 2016-02-29
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: The Loan from XXXX was NOT transferred to XXXX bank XXXX as stated in your letter. The assignment was done by MERS conveying the interest under the mortgage ( which they did n't have to assign to GMAC/XXXX XXXX XXXX XXXX ) on XXXX XXXX XXXX. Four Years after the Trust has closed and after GMACXXXX had filed Chapter XXXX, XXXX XXXX XXXX. According to XXXX Bank XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, CA XXXX Phone number XXXX. They are only a TRUST not an investor they would only hold documents for the investor. The fact that the investor is bankrupt XXXX Bank is not sure on behalf of whom XXXX is collection for and why Ocwen has a lien on the property. None of the Documents mention Ocwen or XXXX Bank in anyway. Attached the Assignment to UNKOWN by MERS. Therefore the location of the original NOTE is being requested for viewing by borrower and borrowers attorney. No lean by Ocwen can exist for a note, that was never conveyed to XXXX Bank in XXXX. XXXX is NOT a note Holder, Ocwen is NOT a not holder and XXXX Bank America 's is only a trustee which holds records for investors. The question remains who is the investor that owns the mortgage NOTE- Location of the NOTE.
Company Response:
State: FL
Zip: 321XX
Submitted Via: Web
Date Sent: 2016-02-29
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: I have had issues since 2008 when I refinanced my house with Indymac. The day I was approved was the day I was laid off and I told them that but they said they did not care. One thing lead to another and I got behind. I went to Credit counseling and continued to try to work with the agency but they were no help and I kept getting behind in other things to try to pay the mortgage. I tried to file a complaint and then they stated they became XXXX XXXX and could not take the complaint. In order to get assistance I had to not pay my mortgage for three months. I did that and it got worse which then lead to seeking to obtain a " cram down '' with a Chapter XXXX. The bank did not budge and would not do the principal reduction. They valued the home at {$110.00} and I owed about {$280.00}. I changed the bankruptcy to a XXXX since they would not do the cram down and the loan was discharged but I said I wanted to keep the home and not foreclose. Once the bankruptcy was over I could not find my loan on line anymore and when I called they said they did not have it and it was foreclosed, it was not foreclosed. Months went by and I then got information from Ocwen Loan stating they took over but in order to restart paying I had to pay a large amount, they would not take any payment except the lump sum that was behind. They continued to call me with a different person every time that did not know anything and often contradicted the other person. The offers they made me were to increase the interest, extend the loan to 40 years and reduce the payment a little. I advised them it was ridiculous since it was value so low but they told me to just worry about now and the payment, not the future. This went on with no foreclosure paperwork, then they finally served me. A few times I received paperwork that I failed to do my modification that I never did. It was an endless game that I was not going to win. I continued to maintain the home and had renters in it when they finally served foreclosure paperwork. I spoke to an attorney and told them everything and they stated there was alot of misrepresentation but it would cost me {$8000.00} and no guarantee that he could reduce the principal. The court went on and I began getting lots of scam things in the mail. One was from XXXX which I ignored but I went to the final court case and they were there to advise the court of how I did not comply. I asked who they were and they said they represent FHA. The judge ordered a sale date and I advised her this was discharged in the bankruptcy and she stated she would note it. I had told the renters they did not have to pay but would have to leave when the court advises me. The sale date came, there were offers and XXXX closed it in a few hours and it was sold to them which seemed weird. I got no notice at all and was keeping up on the court website. The renters were not very cooperative at that point so I wanted to wait until I got notice and I was going to go clean out the minor personal items I had left, one being the tools from my deceased father, old albums, and some household goods. I never got any notice and finally spoke to the renter and they said the gave them notice of three days and they worked it out with them but the house had been stripped and XXXX XXXX had a lock on the door. I was floored. The house is now on the market for {$140000.00}, way below what I was expecting them to cram it down. I would like something to be done about the scams that are being done, they did not try to help me at all. Now they have sent me a XXXX for the difference. My credit was excellent prior to this, I always paid on time before I began to seek help and this is how I get treated. I am so burned out and went through so much that it has taken me so long to complain. I also am at the point that I just had to let go. Is there any recourse?
Company Response:
State: FL
Zip: 337XX
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-29
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Hi I called OCWEN Mortgage on XXXX/XXXX/XXXX to make a payment over the phone and was told that I was unable to do so, even with a POA on file. In good faith, I mailed XXXX ( XXXX/XXXX/XXXX and XXXX/XXXX/XXXX ) payments to OCWEN in an effort to make payments on the loan with my mailing address and instructions to send any correspondence to me regarding the payments. Per Ocwen, the checks were mailed back to me because they were not the correct amount to bring the loan current. I have sent correspondence to OCWEN via their Customer Service Link on the OCWEN web site : XXXX XXXX, XXXX and XXXX asking for an amount that was due on the mortgage in which I received a letter with an amount to reinstate the loan mid XXXX. Please note that on XXXX XXXX when I called and spoke with XXXX, I was not able to access any information on the loan even with a POA on file. Today, XXXX/XXXX/XXXX I spoke with XXXX XXXX who was very helpful and informed me that my POA had expired and needed to be resubmitted. This was accomplished via mail and the account has been updated to provide account access when I call. I was not informed that the POA had expired and needed to be renewed on XXXX/XXXX/XXXX when I called and spoke with XXXX, nor in any of the letters sent to me from OCWEN on XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX or XXXX/XXXX/XXXX. This is a problem which could have been easily cleared up on XXXX/XXXX/XXXX. However, I was never informed and have been trying to get an amount due on the loan since XXXX/XXXX/XXXX. On XXXX/XXXX/XXXX foreclosure proceedings were initiated on the loan. I was unemployed from XXXX XXXX until XXXX XXXX, XXXX and called to make a payment on the loan XXXX XXXX, XXXX and was not able to do so. The additional expense XXXX from trying to obtain the amount due could have been provided to me if anyone from OCWEN would have told me the simple fact that I needed to resubmit my Power Of Attorney. Thank you for your time and attention to this matter, XXXX XXXX
Company Response:
State: TX
Zip: 77355
Submitted Via: Web
Date Sent: 2016-02-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-29
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen services my loan, They are NOT the lender, They just service loans ( collect payments and pass on to lender ). I asked for the name of my lender but they have NOT provided that information. In fact, every email I have sent since original phone call comes back as non deliverable.Ther si no other way to contact them except by phone and that has not worked, They are currently under investigation by XXXX state regulators for irregular servicing activities, They have a horrible track record and their CEO was forced out. All I want is the name of my lender!! Ocwen loan # XXXX
Company Response:
State: GA
Zip: 30350
Submitted Via: Web
Date Sent: 2016-02-29
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-29
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen Mortgage is reporting negative information on a discharged account. They removed all information on account XXXX for me and my wife ( XXXX XXXX XXXX ). However, they did not remove information regarding account number XXXX. They admit that they do n't have records for the accounts in a previous dipute. Ocwen was not then lender at any point in time. They were the loan servicer after GMAC Mortgage. Ocwen serviced the loan from XXXX XXXX, 2013 to XXXX 2013 when servicing was transferred to XXXX XXXX XXXX. Ocwen should remove any and all references this account as well.
Company Response:
State: CA
Zip: 95608
Submitted Via: Web
Date Sent: 2016-02-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: -Ocwen is a crooked mortgage company forcing people to forclose! I have been trying to do a mortgage modification for 3 months now.Every time I call I get the run a round.They never received my paper work or my time has run out I need to fill out another packet or the information I sent in was wrong.I found a website on XXXX with thousands of complaints towards this company the site is called The Ocwen lawsuit source! Many people lost their homes already, others stressing that it is going to happen to them next., The site was set up because people do not know how to handle this situation.Please help!! I 'm a single Mom living in my home now for XXXX yrs.I do n't want to loose my home. Thanks XXXX XXXX
Company Response:
State: FL
Zip: 34668
Submitted Via: Web
Date Sent: 2016-02-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-03-01
Issue: Settlement process and costs
Subissue:
Consumer Complaint: I filed a complaint with CFPB a few months ago against Ocwen Loan services, with the CFPB 's help my name and liability was taken off a forged mortgage, I now received a foreclosure letter from XXXX XXXX XXXX XXXX, phone number XXXX, I have letters from Ocwen releasing me from loan and liability, I would like Ocwen contacted immediately about this error, thank you
Company Response:
State: NY
Zip: 117XX
Submitted Via: Web
Date Sent: 2016-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-28
Issue: Disclosure verification of debt
Subissue: Right to dispute notice not received
Consumer Complaint: Servicer is maintaining a foreclosure wherein its predecessor servicing company prematurely appointed substitute trustees XXXX XXXX and XXXX XXXX as trustees to bring a foreclosure action. Once appointed, XXXX XXXX nor XXXX XXXX notified me in writing that I owed the creditor money and neither notified me in writing that I had the right to dispute the debt, and never noticed me or my spouse that they petitioned the court for a foreclosure. The immediate day after being appointed substitute trustee, an attorney by the name of XXXX XXXX filed a petition to the XXXX XXXX XXXX XXXX XXXX XXXX for foreclosure for either XXXX XXXX or XXXX XXXX, but the petition does not clarify which alleged substitute trustee that Counsel XXXX was seeking foreclosure. Neither XXXX XXXX or XXXX XXXX petitioned the court individually or jointly seeking foreclosure on behalf of the alleged creditor. Neither alleged substitute trustee filed any documents in the court pertaining to the foreclosure until XXXX XXXX, 2011 and that sole filing was a notice of sale. It is an undisputed fact based on the court record that XXXX XXXX nor XXXX XXXX provided proper notices required under FDCPA and XXXX prior to XXXX XXXX filing his notice of sale, which was his first point of contact with the myself or my wife. To date, even knowing of the blatant violation of FDCPA law, the servicer is still attempting to sale the property despite the defects in the foreclosure process. The absolute only time that either XXXX XXXX or XXXX XXXX appeared in the matter, or noticed us of anything was when XXXX XXXX filed his notice of sale. There are upwards of XXXX defects in the foreclosure process that Ocwen is and has continued to ignore. We ask that Ocwen provides information to support that its substitute trustees XXXX XXXX and or XXXX XXXX has ever contacted us before XXXX XXXX filed his notice of sale. These defects deprived us of our right to put on a defense.
Company Response:
State: NC
Zip: 28079
Submitted Via: Web
Date Sent: 2016-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-02-28
Issue: Credit decision / Underwriting
Subissue:
Consumer Complaint: I refinanced my home XX/XX/XXXX with XXXX and soon after learned they bait and switched us on several terms and some documents wasnt even our signature. We was unable to resolve issues and in XX/XX/XXXX i fell behinde on payments and was given a forebarance plan which i paid on time. My last payment on the plan i XXXX XXXX the agreed amount to them on time i should have been back on track instead XXXX refused the XXXX XXXX payment and put me into forecloser. What a night mare they would not work with me at all and the home was a foreclosure by advertisement and the bank bought it back so there was a sheriffs deed and in deuch bank name. During the redemption peroid i filed a lawsuit on ameriquest and duech bank. The case went on for years and my mortgage was sold about a dozen times. XX/XX/XXXX ocwen mortgage thru its attorney with XXXX promised me a sweet loan modification if i would in turn drop my lawsuit which in exchange i did because my only intrest was keeping my home. I jumped thru all the requested hoops by ocwen and their attornies. They made it very hard on me constantly requesting the same documents over and over again with short dead line times..even after i would send they would request it again and again. I finally got the modification and i really was not happy with the terms because i was already foreclosed on in XX/XX/XXXX but ocwen was sneaking in all the back payments concidered defiscency balance into the modification. Under michigan law at time of foreclosure states that if foreclosed upon by advertisement such as my case the bank is not entitled to deficency balance. I tried explaining this to them but they didnt listen. Not only that but it would have put me almost XXXX. In bebt on a home with a now value of from XXXX. To XXXX. In todays market and the homes current condition. And they added a ballon payment in the terms which i was not fond of but the payment and intrest was low with taxes and insurance the modification payment was XXXX. A month so i took the deal. The agreement was if three on time trial payments was made on time that the permanate modification would be issued to me and the home put back in my name. I paid all my trial payments on time and submitted all the requested documents that they requested over and over again. To both ocwen and its attornies in XXXX and it should have been a wrap. Months went by and the home was never put back in my name and was never issued me a redemption certificate as they should have. It was all a scam to get me to drop my lawsuit. When i called to find out why i never received my permanate loan mod and why the home was never put back in my name under a redemption a XXXX at ocwen got XXXX with me and lied said i never made the trial payments on time and in fact i did. I blew up got ahold of my attorney to contact ocwens attornies to find out what is going on and why. XXXX attorney told and promised my attorny that it would be looked into and i told my attorney untill i get the the perminate modification and put the home back in my name under redemption that i would not be paying any more money because im not going to pay on a home that is in the banks name. Now ocwen is threatening foreclosure and i now reporting to XXXX what they did and they are telling stories and lies talking about things not even relavent to matter at hand. Its my opinion they might be the same ameriquest people under the name of ocwen and committed fraud bribed me with a loan mod if i drop lawsuit and now they got what they wanted they are trying to XXXX not live up to their end of the deal now. All i want is my home put back in my name with a fair mod with fair terms. Also at time of the mod i filed for divorce XXXX at ocwen requested copy of divorce decree and sign quit claim deed by ex and now saying wont remove ex
Company Response:
State: MI
Zip: 490XX
Submitted Via: Web
Date Sent: 2016-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-02-28
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: mailed check on XXXX/XXXX/XXXX for {$3300.00}. was rcvd on XXXX/XXXX/XXXX. posted on XXXX/XXXX/XXXX. Ocwen split payment - {$2300.00} to Principal, {$590.00} - Interest and {$430.00} to Escrow. then Ocwen says it was n't a full payment & marked it delinquent. on XXXX/XXXX/XXXX Ocwen sends stmnt for XX/XX/XXXX, stating Amt Due is {$1000.00} ; which is {$2300.00} less than normal. is it a coincidence that it is as short almost as much as the amount Ocwen split off my prior mos pymt and put to Principal? I think NOT. I called Ocwen to find out and the lady I spoke to kept on about how I needed to send {$5.00}. send it tonight. then Ocwen marks it as incomplete and 2 mos delinquent. on XX/XX/XXXX placed the {$1000.00} into Suspended funds. on XX/XX/XXXX they canceled the transaction on XX/XX/XXXX that placed the {$1000.00} in suspended funds and placed the {$1000.00} into Suspended funds! [ no idea ]. removed the {$2300.00} from Principal and sent to suspended funds. then when the {$5.00} arrived it made a full pymt and Ocwen used it to pay my XX/XX/XXXX payment. they pocketed the {$590.00} and {$430.00} that they said paid Interest and Escrow from my original payment they rcvd on XXXX/XXXX/XXXX. then on XXXX/XXXX/XXXX they canceled the XX/XX/XXXX transaction that canceled the XX/XX/XXXX ttransaction that replaced the XX/XX/XXXX transaction, but this time Ocwen shorted the full pymt, I had made for XX/XX/XXXX, by XXXX penny from the amount normally allocated to Escrow and sent that penny as an escrow payment on that same day [ no idea ]. then on XXXX/XXXX/XXXX Ocwen cancelled the XX/XX/XXXX transaction that cancelled the XX/XX/XXXX and XX/XX/XXXX transactions that replace the XX/XX/XXXX transaction almost a year later only to put it in again on XXXX/XXXX/XXXX the same way it was entered on XX/XX/XXXX [ no idea ]
Company Response:
State: CA
Zip: 95815
Submitted Via: Web
Date Sent: 2016-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No