Date Received: 2016-02-17
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: On XXXX/XXXX/XXXX, Ocwen ( loan servicer ) denied the loan modification on my account. On XXXX/XXXX/XXXX, I have formally appealed and challenged their decision on loan modification denial. Instead of addressing my appeal, Ocwen elected to start a foreclosure process by filing a Notice Of Defalut ( NOD ) on XXXX/XXXX/XXXX. Ocwen chose to ignore and disregard my appeal and proceeded with foreclosure process. This violates CFPB 's Dual Tracking Rules and California State Homeowner Bill of RIghts.
Company Response:
State: CA
Zip: 91709
Submitted Via: Web
Date Sent: 2016-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-02-17
Issue: Credit decision / Underwriting
Subissue:
Consumer Complaint: I have not been late on my mortgage in four years.I check my credit and Ocwen is saying that I am XXXX behind and have not made a payment in 3. months They say I owe XXXX.My credit score dropped horribly.I only owe XXXX.They more or less told me it was my problem They say they show me current but it is on my credit.This is only one of the many ways they have made my life a living XXXX.They have XXXX me out of thousands of dollars over the years.I would like to see something done to them.I am afraid they are goung to try to foreclose on me.They sent a notice to the Making Home afordable company stating I was behind but I 'm not.Not sure what to do now.Please please help me.Thank you.
Company Response:
State: GA
Zip: 30016
Submitted Via: Web
Date Sent: 2016-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-18
Issue: Settlement process and costs
Subissue:
Consumer Complaint: From the Desk of XXXX XXXX Private Attorney General XXXX XXXX XXXX XXXX ( XXXX ) and One of People in a Court of Record * XXXX, Ca XXXX XXXX Consumer : XXXX XXXX XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXX, CA XXXX PENDING CRIMINAL INVESTIGATION LAST UPDATE XXXX XXXX, XXXX ***VIOLATION OF CODE OF CIVIL PROCEDURE CCP 337 4 YEAR STATUE OF LIMITATIONS*** FEDERAL CONSUMER LAWS CIVIL CODE SECTION 1567. An apparent consent is not real or free when obtained through 1. Duress 2. Menace 3. Fraud 4. Undue Influence or 5. Mistake FEDERAL CONSUMER LAWS CIVIL CODE 1571. 1572. 1573. 1574. 1575. 1576. 1577. AND 1578 12 USC Sec. 503. Liability of directors and officers of member banks ; 12 USC Sec. 504. Civil money penalty ; 12 USC Sec. 541. Tax on circulating notes generally ; 12 USC Sec. 582. Receipt of United States or bank notes as collateral ; 12 USC Sec. 629. Conversion of banking corporation into Federal corporations ; procedure 12 USC Sec. 630. Offenses by officers of corporation ; punishment ; 12 USC Sec. 631. False representations as to liability of Unites States for acts of corporation ; punishment ; 12 USC Sec. 632. Jurisdiction of United States courts ; disposition by banks of foreign owned property ; 15 USC Sec. 1692. Congressional findings and declaration of purpose ; 15 USC Sec. 1692g. Validation of Debts ; 15 USC Sec. 1692j. Furnishing certain deceptive forms ; 15 USC Sec. 1693n Criminal liabilities ; 15 USC Sec. 1693o. Administrative enforcement ; 18 USC Sec. 479. Uttering counterfeit foreign obligation or securities ; 18 USC Sec. 480. Possessing counterfeit foreign obligations or securities ; 18 USC Sec. 1962. Prohibited activities ; 18 USC Sec. 986. Subpoenas for bank records ; 31 USC Sec. 5316. Reports on exporting and importing monetary instruments ; 42 USC Sec. 1986 Action for neglect to prevent ; FORGERY CALIFORNIA CODE OF CIVIL PROCEDURE 749 AND 749.5 RESCISSION OF SUBJECT PROPERTY UNDER CALIFORNIA CIVIL CODE 1688, 1689 ( a ) ( b ) ( c ) ( 1 ) ( 2 ) ( 3 ) 1689.2 VIOLATION OF GOVERNMENT CODE SECTION 8214.1 ( d ) Failure to Discharge the Duties or Responsibilities of a Notary Public VIOLATION OF GOVERNMENT CODE SECTION 8214.1 ( e ) Adjudged Liable for Damages in Any Suit Grounded in Fraud, Misrepresentation, Violation of State Regulatory Laws or Failure to Discharge Fully and Faithfully the Duties of a Notary Public VIOLATION OF GOVERNMENT CODE SECTION 8214.1 ( i ) Act Involving Dishonesty, Fraud, or Deceit with the Intent to Substantially Benefit the Notary Public or Another, or Substantially Injure Another VIOLATION OF GOVERNMENT CODE SECTION 8214.1 ( l ) Execution of any Certificate as a Notary Public Containing a Statement Known to the Notary Public to be False Execution of a certificate that the notary public knew contained false information. VIOLATION OF GOVERNMENT CODE SECTION 8214.1 ( o ) Failure to Secure Journal or Official stamp PENAL CODE115.5 FALSE DOCUMENTS RECORED IN THE COUNTY RECORDERS OFFICE, PENAL CODE 182 CRIMINAL CONSPIRACIES PENAL CODE 470 ( a ) ( b ) ( c ) ( d ) INTENT TO COMMIT FORGERY NOTICE OF ERROR UNDER 12 C.F.R. 1024.35-1024.36 DOCUMENTS IN ORDER GRANT DEED XXXX DOCUMENT # XXXX XXXX XXXX XXXX, A SINGLE AND OTHER TENANTS IN COMMON HEREBY GRANT TO : XXXX XXXX XXXX ACKNOWLEDGED AND NOTARIZED XXXX DEED OF TRUST XXXX DOCUMENT # XXXX XXXX XXXX MIN # XXXX LOAN # XXXX BORROWER- XXXX XXXX XXXX LENDER- XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. BENEFICIARY-XXXX ***XXXX WAS SUSPENDED IN XXXX XXXX, XXXX BY THE SECRETARY OF STATE OF CALIFORNIA AND FRANCHISE TAX BOARD IN XXXX. SEE ATTACHED INTER-AGENCY INQUIRY*** ***ON XXXX XXXX, XXXX MORTGAGE ELECT
Company Response:
State: CA
Zip: 91355
Submitted Via: Web
Date Sent: 2016-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen Loan Servicing keeps force-placing insurance on my account, which creates a negative balance in my impound account. They then sent me a notice that I am XXXX or more days past due. I contacted them and they " resolved '' the issue. Several months later they again force-placed insurance, again creating a negative impound account balance and I was forced to pay an additional {$180.00} ( that I did not owe ). They increased my monthly payment from {$1300.00} to {$1400.00}. I called multiple times with no resolution. I am still waiting for them to credit my impound back for the unwarranted force-placed insurance. I was told they would email me the escrow analysis and I have yet to receive it. I have provided them with my insurance binder several times for the time period they keep saying I had no insurance.
Company Response:
State: NV
Zip: 89511
Submitted Via: Web
Date Sent: 2016-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: MISCONDUCT IN MORTGAGE SERVICING. Recap of attached letter : On XXXX XXXX, XXXX -- less than ten days after receiving the XXXX payment on a current mortgage with no lates in over ten years -- Ocwen defaulted my mortgage ( loan balance of {$280000.00} / original loan {$480000.00} ) for " insufficient funds '' of {$10.00}. Ocwen sent back the valid un-canceled check dated XXXX XXXX, XXXX ( which it received XXXX XXXX, XXXX ) in the amount of {$2100.00} ( principal and interest of {$2000.00} + {$110.00} late fees ) by taping the check to a letter which falsely stated that a " Notice of Default '' was previously sent -- it was not. This letter crossed in the mail with borrower 's XXXX XXXX, XXXX payment of {$2000.00}, which Ocwen has not credited to the account. Presumably Ocwen will return this check which it received prioir to XXXX XXXX, XXXX as " insufficient funds '' by claiming additional unauthorized late fees and continue the default -- a moving target XXXX. Loan has never been delinquent since XXXX XXXX. Paid to date over {$260000.00} to date in principal and interest. Ocwen falsely represents that the XXXX payment was " denied by the financial instituion '' which is categorically a lie as it was never presented to the issuing bank. Ocwen now demands only certified payments and threatens foreclosure. Most likely will try to extort that I escrow my insurance ( also up to date and paid independently and property taxes also up to date never late in 23 years ). Also guessing that Ocwen falsely reported the default to the XXXX credit bureaus. SHUT THESE CROOKS DOWN.
Company Response:
State: CT
Zip: 068XX
Submitted Via: Web
Date Sent: 2016-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-02-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: In the months of XX/XX/XXXX and XX/XX/XXXX I was late making my mortgage payments, XX/XX/XXXX was made XX/XX/XXXX and XX/XX/XXXX. I have made the payment plus late fee for these months. Ocwen Loan Servicing is charging me an additional {$6.00} for " Certified Mail Cost '' ( XXXX charges on XXXX/XXXX/XXXX, XXXX charges on XXXX/XXXX/XXXX, and XXXX charges on XXXX/XXXX/XXXX ). None of the mail that I received from Ocwen arrived at my home address ( billing address ) was registered or certified mail, however ; my renter received one certified mail at the property address for which the mortgage covers. This seems like an excessive amount of certified mailing charges and extremely unjustified.
Company Response:
State: WA
Zip: 98312
Submitted Via: Web
Date Sent: 2016-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I had a XXXX mortgage on a rental property that went into foreclosure with OCWEN Loan Servicing. OCWEN was contacted and a settlement agreement was reached and the amount they agreed on was paid off. After pay off they sent the loan to collections. The collections agency was sent the documentation of the settlement and they confirmed with OCWEN that the loan was charged off. In a recent check of my credit report OCWEN reported that the loan was closed and settled on XXXX of the XXXX credit reporting agencies. I filed a dispute with the XXXX credit report that was incorrect and they reported back that OCWEN said the information was correct. I contacted OCWEN, who said they did n't have access to that loan any longer because it was sent to the collection agency. After several phone calls they opened a case to research it. Initially they called back and said the loan was still owed. I then had them call the collection agency, who told them it was charged off. They opened another research case. They finally called and said it was paid, but after more then a week I have not received confirmation that it was paid off, nor has the credit report been updated. I have sent several emails and left several messages with no contact back. Though OCWEN says they are doing something to research the problem it has been found that it is only lip service and no action has been taken. Do not accept their " initial '' findings. I have had to call back a dozen times before they found documentation that it was paid, even though they have not yet sent me the documentation or reported it to the credit bureau. I expect it will take another dozen phone calls.
Company Response:
State: ID
Zip: 83642
Submitted Via: Web
Date Sent: 2016-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: In XXXX 2015, I applied for a short sale with Ocwen by submitting a Request for Mortgage Assistance and filing a hardship affidavit. In XX/XX/XXXX, I was approved and put on Ocwen 's " Assisted Short Sale '' program in which they listed my house on an auction site ( XXXX ). They set the reserve price and it was met and a buyer was secured XX/XX/XXXX. Since then, Ocwen has repeatedly asked me and my realtor for paperwork and the same information on multiple occasions. It seems that they wait until right before the closing date to decide they want more paperwork so as to delay approval. My realtor and I keep sending them what they request, but we keep having to move out the closing date. When I filed my hardship affidavit in XX/XX/XXXX, I stated that I would probably be out of funds to be able to pay for the mortgage by XX/XX/XXXX/XX/XX/2015. I struggled to keep paying until XX/XX/XXXX, but now have had to miss two payments because of the bank 's delay in approving my short sale.
Company Response:
State: TX
Zip: 770XX
Submitted Via: Web
Date Sent: 2016-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-02-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My mortgage company is OWCEN Financial and recently my wife passed away from XXXX. Like many households my wife took care of all the bills and finances. My wife passed away on XXXX XXXX, 2015 she was quickly laid to rest and I begun the process of figuring out our bills. I contacted OWCEN around XXXX XXXX to informed them my wife had passed and our household account that was in wife name was frozen. I also informed OCWEN that I would be able to make the mortgage payment in the morning as I had to have funds transferred from another source. I paid the bill on XXXX XXXX 2015 as promised. I was informed that I would have to pay a late fee I was respectfully incensed but agreed. I was also informed that this late payment would be reported to the credit bureaus. I asked again given the nature of the situation would they reconsider not doing that and they told me there was absolutely nothing they could do. My credit at the time was XXXX. With their reporting of late payments my credit score took a dive to XXXX. Now keep in mind our other residence is finance by XXXX XXXX. Like OCWEN I went to XXXX XXXX mortgage gave them all the same documentation they made a call to their servicing center and everything was corrected and no late fee was accessed. Reliable and industry respected resources have told me that OCWEN like XXXX XXXX could have done something given the hardship. I asked XXXX to request OCWEN to reconsider and OCWEN up held their decision. It felt like a predatory type of feeling and experience when communicating with OCWEN. So I started to dig more and I now realize their deal. We had mortgage the house years back when rates where higher and before our loan was sold to OCWEN. I believe OCWEN is quick to ignore legitimate and verifiable hardship and compassion request and quick to use credit reporting practices to lock loans so they ca n't be refinanced. I 'm trying to refinance my house now and after explaining what was my situation I may be able to leave OCWEN. While sitting at my desk I XXXX " what people are saying about OCWEN '' WOW!! Not surprising what I was feeling was further confirmed. XXXX I 'm not the only person having challenges with OCWEN. I mean recent accounts as recent as this year and this month people are having serious and unfortunate experiences with OCWEN. Not to mention that CFPB has had to investigate them in the past. The way they do business is more than borderline sleeze. Not sure what but there needs to something done with OCWEN as people are losing their homes, incurring increase expenses and the customer services experience is for sure predatory.
Company Response:
State: VA
Zip: 23669
Submitted Via: Web
Date Sent: 2016-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-02-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I had a second mortgage with Ocwen and in 2012 I filed a Chapter XXXX Bankruptcy. During the Bankruptcy they continued to report negative and inaccurate information stating that I was over 150 day past due, which is against the bankruptcy laws.
Company Response:
State: UT
Zip: 84081
Submitted Via: Web
Date Sent: 2016-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No