Date Received: 2016-01-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I am submitting a Qualified Written Request because Cit Bank shows as servicer on XXXX eRegistry and they have not been named or mentioned in a current lawsuit.
Company Response:
State: CT
Zip: 063XX
Submitted Via: Web
Date Sent: 2016-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: To Whom It May Concern, I feel I have the need to file this complaint because Ocwen Loan Servicing , LLC, hereinafter referred to as Ocwen, has refused to take the mandatory steps required under the Federal Truth In Lending Act, hereinafter referred to as TILA. After a few of years of going back and forth with my servicers regarding the ownership of my loan, I decided to do some research on my own. During my research, my servicer had switched from XXXX XXXX XXXX to Ocwen. After sending XXXX XXXX XXXX numerous letters, I had to send Ocwen the same letters I sent to XXXX XXXX XXXX. Ocwen never addressed the Qualified Written Request that I sent in its entirety. It eluded some requests and failed to provide other documentation requested. After more research on XXXX XXXX, 2015 I mailed to Ocwen a Notice of Rescission. The Notice of Rescission was mailed on XXXX XXXX, 2015 and received by Ocwen on XXXX XXXX, 2015. Ocwen failed to take the necessary steps mandated by TILA. Pursuant to TILA, Ocwen should have taken the steps to unwind the transaction and provide me with a reconveyance or file a declaratory action against me within twenty ( 20 ) days after receiving the Notice of Rescission. Ocwen chose not to take any of those mandatory steps. Because Ocwen has failed to comply with the mandatory provisions under TILA, they have waived any and all defenses to my Notice of XXXX. Once the twenty ( 20 ) day period has passed, the Notice of Rescission is no longer subject to attack. The facts are clear and undisputed. My loan was rescinded and extinguished by operation of law on XXXX XXXX, 2015. Under TILA and Regulation Z, hereinafter referred to as Reg. Z, delivering notification to the person or address to which I have been directed to send payments constitutes delivery to the creditor or assignee. The Office Staff Commentary clearly indicates that a notice to an agent can suffice as notice to the principal. Rescission rights are equally enforceable against original creditors and assignees. As noted by the Official Staff Commentary, the creditor 's interest in the property is " automatically negated regardless of its status and whether or not it was recorded on perfected ''. The security interest is void and of no legal effect irrespective of whether the creditor makes any affirmative response of the notice. Also, strict construction of Reg. Z would dictate that the voiding be considered absolute and not subject to judicial modification. I have filed this complaint because of Ocwen 's clear and blatant disregard for the law. Because the rescission is suppose to be self-enforcing and because the deed of trust and loan are canceled and void by operation of law the date the rescission is mailed, Ocwen has no legal right to attempt to enforce a foreclosure and demand payment. Pursuant to TILA, once the rescission has been mailed, I am no longer responsible for the debt or any finance charges. Non-compliance is a violation of the Act which gives rise to a claim for actual and statutory damages. By filing this complaint, I am hoping that the CFPB will review this Complaint and take the necessary actions towards Ocwen for their violation of Federal Law.
Company Response:
State: CA
Zip: 91709
Submitted Via: Web
Date Sent: 2016-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-01-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: my loan is serviced by Ocwen. I have made over XXXX online payments that have been rejected as Ocwen tells me it is a bad routing number and paid late fees to them.The routing number I submit is XXXX which is the correct routing number for my state California. Ocwen submits this number and tells me it was rejected and previously I used the routing number XXXX which is a number I have never used and never submitted. As a result Ocwen will not take any uncertified payment from me for six months. Their website software must be rigged to collect fees. I am an accountant and rarely make mistakes. Ocwen is corrupt. Ocwen will cash a personal check with this routing number with no problem, but states it is not good for online payments and they blame the bank. They refuse to refund my money on my " late fees '' that were not late. The website software must be corrupt as they process epayments with routing numbers I never supplied.
Company Response:
State: CA
Zip: 91101
Submitted Via: Web
Date Sent: 2016-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen survices my Mortgage Loan and they have the worse customer service I have ever seen. I have had my loan on automatic payment since I have had my loan and last year I a got a past due notice that I had not paid my payment. after many hours of trying to get someone & answers they finally discovered that they had just deleted the ACH from my loan. I finally got that resolved and then on my statement a {$5.00} charge showed up for something I did not request. that was never resolved. and now yester day I got a late notice for my payment and when I looked it up on their system this payment was credited to my account with them on XX/XX/2016! I also discovered that the amount I prepay them with that payment is held until the XXXX of the month and applied. that is just wrong! I have been in banking for 25 years and we apply any extra amount immediately. I have been calling for 2 days and have yet to get anyone. also if you just call the customer service number you get someone in XXXX, XXXX, or the XXXX and all you get is their standard responses. THIS IS NOT RIGHT! I have looked into refinancing just to get my loan away from them but why should I have to pay closing cost again because they ca n't or want handle business properly! I paid closing a few years ago to get it away from XXXX XXXX and this is not right!!!!!!!!!!! I had not choice about my loan being taken over by someone else and winding up with these horrible, incompetent people handling!!!!!
Company Response:
State: TX
Zip: 757XX
Submitted Via: Web
Date Sent: 2016-01-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Mortgage service company Ocwen is still reporting to credit bureau three years later after I filed for bankruptcy on the property, I filed for bankruptcy 6 years ago and the mortgage was included and foreclosed. I am currently discharged and relieved of any liability for the debt. They are reporting 14 times 90 day late on my credit report for the mortgage and making it real hard for me to recover after bankruptcy and foreclosure more than 6 years ago. I 've contacted Ocwen on numorous occasions but to no avail. I think the mark on my credit should be reported correctly if not than fully removed.
Company Response:
State: VA
Zip: 23234
Submitted Via: Web
Date Sent: 2016-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-01-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I had a mortgage with Ocwen and in 2013 they approved a short sale and it was complete XX/XX/2013. They are still reporting the whole balance and it should have been XXXX once the short sale was complete. It has affected all my financing since 2013 due to this fact.
Company Response:
State: UT
Zip: 84107
Submitted Via: Web
Date Sent: 2016-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been an excellent customer, paying my mortgage promptly for over 15 years. I have repeatedly asked for a modification and was denied request because I was NOT LATE with payments. Finally became late because of chronic illness. I 've consistently submitted and resubmitted papers, spoke for months with Ocwen reps and was then denied because my income had dropped. This was the point in the modification in first place. I am getting nowhere with this company. Ocwen calls my home and hangs up when I pick up the phone. This is unacceptable behavior and an unethical business practice. My illness makes it extremely difficult to sort through papers and notices again and again. The stress is causing has increased my XXXX. Ocwen is throwing a person who is completely alone and ill in the street. I showed good faith all these years by making sure my mortgage was paid, no matter how ill I was. It is difficult for me to sit here and type this as I am XXXX from the XXXX compounding to my illness. I have asked they stop any actions towards foreclosure and grant me a modification in addition to taking the past due amounts and adding to back end of mortgage as I 've repeatedly requested so I can concentrate on healing and not worrying about dying alone in the cold. DON '' T LET THEM STEAL MY HOUSE! THEY 'VE MADE THEIR PROFIT! TREAT ME WITH THE DIGNITY AND RESPECT I DESERVE! Absolutely no fair customer service practices and no consumer protection. Please stop this madness!
Company Response:
State: NY
Zip: 117XX
Submitted Via: Web
Date Sent: 2016-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-27
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: On XXXX/XXXX/XXXX my lender pulled my report and OCWEN was reporting a past mortgage almost correctly under my bankruptcy but still reporting a balance. I just had my lender pull a new report on XXXX/XXXX/XXXX and now they are completely violating the FCRA laws and completely ruining my ability to move forward with any financing. It now shows ( XXXX ) 90 day lates, the notes changed from CH XXXX BK to Foreclosure proceedings started XX/XX/XXXX, show a balance and a large past due amount. They need to report this correctly ASAP and confirm it is done in writing. I have included an attachment showing their malicious intent.
Company Response:
State: WA
Zip: 99223
Submitted Via: Web
Date Sent: 2016-01-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: As of XXXX XXXX, XXXX, Ocwen again changed the reporting of my account. They now report that I missed a payment and paid a balance less than the full amount. My credit score dropped considerably. I 'm filing another complaint with the XXXX XXXX XXXX XXXX. I also emailed XXXX XXXX with Ocwen Obudsman. There were never any missed payments. This must be corrected. Closed No Missed Payments {$0.00} Account Details Last Reported XXXX XXXX, XXXX Creditor Name OCWEN LOAN SERVICING Account Type Second Mortgage Account Status Closed Opened Date XXXX XXXX, XXXX Closed Date XXXX XXXX, XXXX Limit -- Term 180 Months Monthly Payment {$190.00} Responsibility Individual Account. Balance {$0.00} Highest Balance {$24000.00} Payment Status Collection/Charge-Off Worst Payment Status -- Date of Last Payment XXXX XXXX, XXXX Amount Past Due -- Times XXXX/XXXX/XXXX Days Late XXXX Remarks Account paid for less than full balance Paid charge off
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2016-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-25
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Filed for bankruptcy in 2010 with the promise of a modification but never happened they only proceeded with the threat of foreclosure. We got caught up and now after a discharge the same thing. The property is worth XXXX to XXXX below what we owe on it and realtors state that the house is not in condition for FHA sale. This was from XXXX realtors from XXXX different firms. When contacted Ocwen they only replied back with when can you make your next payment. We have spent XXXX of dollars trying to renovate property but it just not enough, we are so under water in the property that we 're starting to see seaweeds, slight exaggeration but that 's the feeling. The loan/refinance should n't have never been approved and we are partially to blame and I take ownership in that regard but for the Ocwen not wanting to help out in no way Is just wrong. Please offer your assistance if you can as it would be most gladly appreciated.
Company Response:
State: VA
Zip: 23234
Submitted Via: Web
Date Sent: 2016-01-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No