Date Received: 2016-01-30
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Our property was stolen in illegal forclosure action by OCWEN IN 2012. WE WERE NOT NOR WERE WE EVER IN ARREARS AND HAVE BANKING DOCUMENTSTO PROVE IT!!. OCWEN became our servicer after the original bank XXXX XXXX XXXX was raided by FBI for fraud.The CEO WAS creating fake accounts using our and other clients mortgage payments to secure TARP money being doled out by Obama Admin ... There has been a recent consent judgement against OCWEN since this occurred we have been before PA superior Court BEFORE THE CONSENT JUDGEMENT the court did jot perform due diligence on our behalf ... a gross miscarriage if justice nor did they follow rule of law relating to standing and OCWEN NOT HOLDER OF OUR NOTE ... we have a case that we plan to move for ward on against several including PA AG OFFICE ... GOT INCLUDING CFPB ... YOU WERE COMPLICIT IN THAT YOU DENIED OUR REQUEST FOR HELP AGAINST OCWEN THAT WE MADE IN XXXX SEPARATE COMPLAINTS ... .YOUR REPLY TO US WAS THAT.OCWEN DENIED ALL SAID VIOLATIONS ... YOU THE CFPB TOOK THEIR WORD AGAINST THE TRUTH AND OUR PROOF. Several firms have stepped forward to take our case filing some XXXXplus charges XXXX of the charges will be levied against CFPB ... the response letters from CFPB are stunning in context ... ..our lives were violated by banking fraud and a subsequent crime by OCWEN a company that you investigated for clear violations of banking law. The following fields will be marked regarding loan ... because your site does not offer SPECIFIC ENOUGH reasons bother than surface loan info to catagorize this complaint..I want this to be acknowledged in effort to avoid more excuse from CFPB for not performing their job as taxpayer entity.
Company Response:
State: PA
Zip: 152XX
Submitted Via: Web
Date Sent: 2016-02-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-31
Issue: Settlement process and costs
Subissue:
Consumer Complaint: I mailed TILA Rescission Letters on XXXX XXXX, 2015 well after the XXXX unanimous XXXX decision. Now, more than six months later, I 've received absolutely no indication the companies are attempting to comply. The only possible reason the companies could assert is that 3 years passed after closing and my TILA Rescission Letters were sent after that date. The TILA law stipulates that remedy is available after the " consummation '' of the loan transaction. I submit that my loan transaction was " table funded '' which is in violation of " Regulation Z, '' predatory per se, and void ( not voidable ) from the beginning at the closing table. Simply signing disputed documents does not constitute a " consumated TILA transaction. Additionally, the interested parties have far exceded the statuatory period to lodge a court case to contest the validity of the certified delivery TILA Rescission Letters that were delivered and signed for in due course. This complaint constitutes my demand for TILA compliance. I mailed TILA Letters to XXXX Investment and Loan ; XXXX XXXX XXXX. Trustee and Successor in Interest to XXXX Investment and Loan ; and Deutche Bank National Trust Company, Successor in Interest to XXXX Investment and Loan. These latter XXXX parties were notified Re : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX. My loan number associated with the original XXXX transaction is # XXXX. The loan number associated with XXXX XXXX is # XXXX. The loan number associated with Deutche Bank is # XXXX. The property address used by all these parties is XXXX XXXX XXXX, XXXX GA, XXXX. I 've received proof of delivery from all but XXXX ( which was returned as " Undeliverable -- Forwarding Address unknown. Please register this complaint against all " Lenders and Assignees '' and require proof from each they are in strict compliance with TILA and also proof they are not entities involved in a TILA prohibited " Table-funded loan. '' It 's my desire to affirm my clear title to my property and for all parties who can not prove they are holders of the original note received " In due course '' to legally indemnify my ownership and absolve me of all other claims.
Company Response:
State: GA
Zip: 30066
Submitted Via: Web
Date Sent: 2016-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: OCWEN is in the process of foreclosing on my home. OCWEN claims that I 'm thirty + payments behind, which is not so. If true, why wait so long to notify me? I submitted a " Complete '' Loan Modification Package XXXX, XXXX 2015. OCWEN waited until the end of XXXX 2015 to contact me stating the package was incomplete " UNTRUE ''. I 'm in the process of submitting yet another Loan Modification Package to OCWEN. When I pull up my account on the OCWEN web site it states Current Balance = {$0.00} Amount Past Due = {$0.00} Amount-Status = CURRENT. I have made copies of these statements. I do n't understand how OCWEN can get away with this malpractice? OCWEN hired a law firm in the XXXX 2015 claiming I had not been making my mortgage payments. It 's a good thing I had the proof that these payments had in fact been made. Not a single word back, until the Letter-Of-Demand, & Foreclosure Notice. Before OCWEN claimed amount due was {$160000.00}. As of yesterdays letter Ocwen states the amount due is {$270000.00}. How can this be?? Every time I turn around the amount they claim I owe is different. From last month to this month the amount has gone up well over {$10000.00}. How can this be?
Company Response:
State: NM
Zip: 87110
Submitted Via: Web
Date Sent: 2016-01-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: In XXXX, I requested American Home Mortgage Servicing , Inc. to provide evidence that they had the right to foreclose on our primary residence. I received a letter from XXXX XXXX, Loan Administration Research Specialist, on XXXX/XXXX/XXXX. Per my request, she included a copy of the executed Note and Deed of Trust from the closing of our loan. She also stated the owner and Note holder for the loan is Option One Mortgage Loan Trust. The documents provided by XXXX XXXX did not include an allonge or any assignments or transfers of our Note or Deed of Trust to a securitized trust. We did a title search in XXXX XXXX. The title search revealed that our original lender, Option One Mortgage Corporation, was in XXXX lien position. In XXXX XXXX, XXXX f/k/a Option One Mortgage Corporation filed a fraudulent assignment of Deed of Trust in XXXX XXXX. XXXX XXXX retroactively attached our mortgage to a securitized trust that was closed and sold to investors 5 years earlier, the bank violated a Texas law that prohibits fraudulent real estate filings. Declaration from President of XXXX XXXX XXXX from XXXX states that XXXX XXXX XXXX is no longer engaged in the servicing of residential mortgage loans. XXXX XXXX has no servicing rights and does not own any residential real estate mortgages. Affidavit from XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, states that XXXX XXXX, person who signed the Assignment of Deed of Trust, is a listed on XXXX Property Analytics Approved Robo-signers list. OOMLT XXXX was contractually closed from conducting business after the closing date of XXXX/XXXX/XXXX. Any attempt to assign the subject loan to the trust after the cut-off date would be in direct contravention of the laws governing the Trust ( PSA ) and thus rendering the fraudulent assignment of deed of trust filed in XXXX XXXX in the XXXX XXXX XXXX XXXX office void. We filed a lawsuit against AHMSI in XXXX XXXX. Discovery with AHMSI revealed troubling discrepancies including but not limited to the authenticity of the loan documents, the transfer of ownership of the loan, the alleged inclusion of the loan into the securitized trust, the limitations imposed by the securitized trust, and payments made on the loan. During discovery, AHMSI 's attorney produced an exhibit on XXXX/XXXX/XXXX that was to be a true and correct copy of the Note and Deed of Trust that was executed on XXXX/XXXX/XXXX that relates to our Loan and Property. We could not admit that this exhibit was a true and exact copy of the Note and Deed of Trust that was executed on XXXX/XXXX/XXXX because the exhibit included a blank allonge that was not present during our closing. Then on XXXX/XXXX/XXXX, their attorney claims to have the original wet ink promissory note. At this time, they have produced an allonge that is now stamped to provide a special endorsement in favor of " XXXX, as Trustee. '' The allonge is dated the same day as our loan closing. We were able to examine the loan file a short time after. The purported allonge was not affixed to the Promissory Note and was not notarized. The allonge did not mention the securitized trust. It is unclear when the alleged allonge was changed to specially endorse the note in question to the trustee, but it does raise questions as to the veracity of the alleged special endorsement via allonge. There were also copies of XXXX assignments of deeds of trust that were not assigned to the trust. We made a request to Ocwen in XXXX XXXX, to provide the collateral documents that give them the authority to foreclose on our home. Ocwen submitted the Note with the alleged stamped allonge and an assignment of lien that does not reference the Deed of Trust that was signed on XXXX/XXXX/XXXX, which is recorded in Doc # XXXX. Ocwen also claims they are unable to provide the original wet ink documents.
Company Response:
State: TX
Zip: 78628
Submitted Via: Web
Date Sent: 2016-01-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-01-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been trying to negotiate with OCWEN mortgage since XXXX 2015. I sent my paper work several times via email and via fax. The company kept giving me the run around ; arranging telephone appointments with my RELATIONSHIP MANAGER, in order to be able to discuss my situation and the possibility to QUALIFY FOR A PRINCIPAL REDUCTION AS WELL AS TO AVOID MY MORTGAGE PAYMENT TO INCREASE FROM {$1.00} TO {$2.00} XX/XX/XXXX. I STATED " I AM BEING PROACTIVE HERE ; I 'M TRYING TO PREVENT DEFAULTING AND I NEED YOUR HELP BEFORE XXXX 2015 ; YOU ARE TAKING TOO LONG TO WORK ON THIS AND COMES XX/XX/XXXX IT WOULD BE TOO LATE FOR ME. I WANT TO PREVENT GETTING TO THAT POINT '' 1- They kept telling me that my payment did not arrive, though I sent it 4 times via fax and via email. First they did n't receive it, then they only got my Tax papers, the following time they did not have it again, next they needed a signature on my taxes, which they received in XX/XX/XXXX but did not realized that the signature was on the wrong place. They used every excuse on the book so the process took forever. 2- There was a phone appointment arranged about every 10 to 15 days, " ACCORDING TO THEIR SCHEDULE '', but every time the call took place I was never able to speak with my Relationship Mgr ... .. '' she was never available ''. 3- I spoke with different people each time, " none of them new a thing about my case and would put me on hold in order to review my case '' ; obviously no one was working on my case. 4- I got the same response each time, either we do n't have this or that, and we will schedule a call with your RS MGr. 5- Finally I was given a definite answer on XX/XX/2015. IT HAD BEEN DECIDED THAT I DO NOT QUALIFY FOR A MODIFICATION OF ANY KIND ; NOR FOR A PRINCIPLE REDUCTION EITHER. PLEASE KEEP IN MIND : 1- When I got the house it was {$370.00}, after making big payments for a few years, the prices dropped. My interest rate was going to be higher, so I did a modification at that time my mortgage had been sold a few times to different banks, and I was making my payments to XXXX XXXX. After the modification negotiated with XXXX my monthly payment went down to about {$1.00} a month because the interest rate was re-negotiated to 2.5 % or so ... ... .However, I did not realized at the time that with the MODIFICATION THE TOTAL HOUSE BILL JUMPED FROM {$370.00} TO {$440.00}. The I WAS SET UP FOR IMMEDIATE FAILURE ; THOUGH, I DID NOT KNOW IT. I WAS JUST HAPPY THAT THE INTEREST AND THE PAYMENT WENT DOWN. THE WAY I SEE IT I ALREADY PAID MORE THAN {$250.00} FOR THIS HOUSE. I HAVE BEEN MAKING MY PAYMENTS RELIGIOUSLY BUT THE BILL DOES NOT GO DOWN EVER ... .IT CONTINUOUS BEING THE SAME {$440.00} ; STILL THE BANK WANTS ME TO PAY {$440.00} MORE .... HOW IS THAT POSSIBLE I ASK. PLEASE HELP. I want to file a formal complaint to the ATTORNEY GENERAL OFFICE, I want to report Ocwen for : 1- not following the rules, and for neglecting to help me avoid defaulting 2- Sending False Default letters, though I have not defaulted 3- Failing to allocate my payments accordingly for the last 4 months, ad finding excuses to say that my payment is late. " OCWEN TAKES THE MONEY DIRECTLY OUT OF MY BANK EVERY MONTH. 4-FAILING TO HELP ME PREVENT DEFAULTING ON MY PAYMENTS, WHEN I HAVE VEEN PROACTIVE AND HAVE TRIED TO SPEAK WITH THE BANK AND RE-NEGOCIATE MY LOAN 5- FAILING TO ACKNOWLEDGE THE FACT THAT I HAVE BEEN MAKING FOR THIS HOUSE FOR OVER 10 YEARS, AND THAT I STATED OVER AND OVER THAT " I WANT TO KEEP MY HOUSE ' 6- SENDING FORCLOSURE NOTICES WITHOUT WAITING THE 120 DAYS. PLEASE HELP ME.
Company Response:
State: CA
Zip: 91335
Submitted Via: Web
Date Sent: 2016-01-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-29
Issue: Settlement process and costs
Subissue:
Consumer Complaint: my mortgage is a arm loan which was never explained to me and I have been paying on this for years and my balance seems to go up. I did n't know that this is how it would come out I have killed my self to keep it there should be a law on doing this to americans
Company Response:
State: AZ
Zip: 85143
Submitted Via: Web
Date Sent: 2016-01-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: On XXXX/XXXX/XXXX a foreclosure sale for the property was cancelled by a Magistrate in the XXXX XXXX in XXXX XXXX, Florida. Despite the Magistrate order for cancellation of the foreclosure sale, Ocwen took the property as theirs and the property was held as real estate owned ( XXXX ) by Ocwen on XXXX/XXXX/XXXX. There was no legal conveyance and therefore no legal transfer of legal title of property from XXXX person to another allowing Ocwen to legally take property as REO on XXXX/XXXX/XXXX. On XXXX/XXXX/XXXX the Judge instructed me to contact Ocwen directly to resolve the matter as the bank had taken the property from me and I was not able to apply for a loan modification or to sell the property. After the hearing, Ocwen 's attorney gave me additional contact information for XXXX XXXX, Loss Mitigation Supervisor at XXXX XXXX, representing Ocwen. XXXX XXXX sent me an email on XXXX/XXXX/XXXX that the property was XXXX. This was before XXXX/XXXX/XXXX foreclosure sale date when Ocwen stated they " bought the property and took title. Ocwen refused to return the property to me and I was evicted on XXXX/XXXX/XXXX even thought they had wrongfully taken my property on XXXX/XXXX/XXXX against Court orders. The sale cancellation documents are attached to show that the sale was cancelled on XXXX/XXXX/XXXX. When I called Ocwen Customer Service on XXXX/XXXX/XXXX to get the balance of what I owed I was told that I no longer owned the property and the property was real estate owned by Ocwen 's company called XXXX and that the only thing I could do was to re-purchase the property from them. I called numerous times and there was absolutely nothing that I could have done because Ocwen refused to put the property back in my name since XXXX/XXXX/XXXX.
Company Response:
State: FL
Zip: 33313
Submitted Via: Web
Date Sent: 2016-01-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-28
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My mortgage servicer is charging me {$1000.00} in what is called " other fees '' on my mortgage statement. I do not and should not owe these fees, nor do I know what these fees are in regards to.
Company Response:
State: AZ
Zip: 85392
Submitted Via: Web
Date Sent: 2016-01-28
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My name is XXXX XXXX, I have requested a short sale from Ocwen and I am being foreclosed on, due to their failure to allow me to continue with the short sale, my broker has received an offer and the whole short sale package was sent to the bank and they keep denying that they received it. We are now going into two weeks of back and forth with them and they have put a foreclosure sale date for XXXX XXXX even though there is an offer in place and buyer, but they refused to postpone it aside from that they refuse to do a interior home appraisal to take into consideration the value because they have over valuated the property other properties in better condition than mine and so they are saying that the offer they assume is to low I need someone to get involved although I talked with managers there intentionally for closing on my property without allowing me to finish the short sale with having an offer in place this is been going on for several weeks.
Company Response:
State: CA
Zip: 90606
Submitted Via: Web
Date Sent: 2016-01-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-28
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I sent an email to the Executive Vice President, General Counsel and Secretary at Ocwen Financial Corporation, XXXX XXXX XXXX, to let him know of the servicing wrongs committed by Ocwen Loan Servicing , LLC regarding the servicing of our loan. He is the representative for Ocwen that signed the Consent Judgment with the Consumer Financial Protection Bureau ( CFPB ), together with attorneys general and state banking regulators in XXXX states, and the XXXX requiring the largest nonbank mortgage loan servicer in the country, Ocwen Financial Corporation, and its subsidiary, Ocwen Loan Servicing, to provide XXXX in XXXX lien principal reduction to underwater borrowers. We do have a pending lawsuit with Ocwen Loan Servicing , LLC, f/k/a Homeward Residential f/k/a American Home Mortgage Servicing Inc, but I did not think that should prevent me from communicating with XXXX XXXX regarding our case, since he is the representative that signed the Consent Judgment. I thought he would get involved and figure out a solution to our concerns. Instead of XXXX XXXX addressing our concerns, he forwarded my emails to their attorney working on our case and their attorney issued us a cease and desist letter. I am now unable to follow up with XXXX XXXX to see what he is doing to address the servicing wrongs committed by Ocwen. Our home was initially listed for foreclosure sale on XXXX/XXXX/XXXX. I filed a complaint with the CFPB and the foreclosure sale was placed on hold. I requested that Ocwen provide the collateral documents that show that Ocwen has the authority to foreclose on our home. None of the documents provided names the mortgage-backed security trust. According to XXXX XXXX XXXX, XXXX XXXX XXXX, as trustee, has a very limited role and does not have discretionary authority to monitor or direct the servicer in the servicing of the loan. The bank informed the Office of the Comptroller of the Currency, that it is the trustee to the mortgage-backed security that holds an assignment of the mortgage loan. Ocwen has failed to provide that assignment. The XXXX assignments in our loan file did not include any assignment of the deed of trust to XXXX XXXX XXXX, XXXX as trustee or to the mortgage-backed security trust. Ocwen provided us XXXX copies of an allonge. XXXX blank and XXXX stamped. Both allonges have a property address that does not match our property address. Our property address is XXXX XXXX XXXX, XXXX, XXXX XXXX and the property address provided on both allonges is XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX. We did a property search in XXXX XXXX and discovered that our loan had not been transferred to the trust in the land records office in XXXX XXXX. Our original lender, Option One Mortgage XXXX, a California XXXX, was in first lien position. XXXX XXXX XXXX f/k/a Option One Mortgage Corporation, a XXXX Company filed a fraudulent assignment of Deed of Trust in XXXX XXXX. XXXX XXXX retroactively attached our mortgage to a mortgage-backed securitized trust that was closed and sold to investors 5 years earlier, the bank violated a Texas law that prohibits fraudulent real estate filings. The person who signed the assignment, XXXX XXXX, is believed to be an employee for AHMSI. Declaration from President of XXXX XXXX XXXX f/k/a Option One Mortgage Corporation, a XXXX Company from XXXX that XXXX XXXX XXXX is no longer engaged in the servicing of residential mortgage loans. XXXX XXXX has no servicing rights and does not own any residential real estate mortgages. Affidavit from XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, states that XXXX XXXX, person who signed the Assignment of Deed of Trust, is a listed on XXXX XXXX XXXX Approved Robo-signers list. Our Chain of Title has been corrupted.
Company Response:
State: TX
Zip: 78628
Submitted Via: Web
Date Sent: 2016-01-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes