Date Received: 2016-01-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen Loan Servicing , LLC commenced foreclosure on an owner-occupied property that is our primary residence. The foreclosure notice was originally filed with a foreclosure date of XXXX/XXXX/2016. He had a court hearing to get a temporary retraining order. The temporary retraining order was only good for 7 days. Our claim for a temporary injunction was denied by the judge on XXXX/XXXX/2016 and Ocwen Loan Servicing , LLC reposted our primary residence for sale on XXXX/XXXX/2016 for a foreclosure sale on XXXX/XXXX/2016. As outlined in the Ocwen National Servicing Settlement, " Before a loan is referred to non-judicial foreclosure, Servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower 's default and the right to foreclose, including the borrower 's loan status and loan information. '' Ocwen has failed to show that they have the right to foreclose.
Company Response:
State: TX
Zip: 78628
Submitted Via: Web
Date Sent: 2016-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-01-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: We have battled with XXXX, for 4 years now. They advised us they had purchased our mortgage in 2012, from another company. Our Loan Modification was already done, with the prior company, we were waiting for the paperwork to sign. Now, they can find nothing for paperwork, except theirs. We have been to Court 12 times, each time, Each time, I had all my paperwork in order, they did not. At the 11th Hearing, they lawyer for XXXX/Wells Fargo, apologized to the Judge, advising him, she had just received a call, from XXXX. The Modification was going through, everything was in order, including the financials, but it was to late to cancel the hearing. The Judge specifically asked her, if this was settled, the Lawyer responded " Yes Your Honor '' .... The Judge then scheduled a hearing to dismiss in 60 days, after the Modification was signed and in effect, everyone agreed. 60 days later, all the paperwork was gone, missing information etc, back to Court. I had to re-admit everything again. Most of it got there, but I had a XXXX and surgey, at the next hearing, they moved forward with the foreclosure ... .. I have done everything required, attended every Hearing, was always ready, with extra copies, of each item they claimed to be missing ... Even the Judje said to them, they are deliberately, causing all these delays, which was evident, through their Lawyers Statements, Questioning XXXX XXXX XXXX, who could not answer any of his questions, with a actual fact based answer. His every answer was " I 'M not sure about that your Honor '' after the 3rd same answer, the Judge, denied their request and told them to redo everything immediately. I can not keep battling the blatant abuse and blatant lies, from their XXXX Lawyers, which they were caught in every time ... We also have requested copies of the Original Loan Documents, to date, they have been unable to locate the document 's.
Company Response:
State: ME
Zip: 04240
Submitted Via: Web
Date Sent: 2016-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-18
Issue: Settlement process and costs
Subissue:
Consumer Complaint: XXXX XXXX XXXX issued a loan to a non existent person, the perpetrator responsible for the fraud was convicted and the loan was included in the restitution. The bank is refusing to remove the fraudulent trust deed and has initiated and forcing a foreclosure on a verified fraudulent trust deed.
Company Response:
State: CA
Zip: 91316
Submitted Via: Web
Date Sent: 2016-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-18
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: OCWEN LOAN SERVICING , LLC continues to use the United States Postal Service to mail fraudulent statements to me on a monthly basis, claiming I owe them over {$500000.00}. I never contracted with OCWEN LOAN SERVICING , LLC . They continue to telephone on a weekly basis demanding unsubstantiated amounts, usually in the range XXXX of dollars at a time. I have written many times asking for verification of this alleged debt and have not received proof they are the holder in due course.
Company Response:
State: NV
Zip: 89149
Submitted Via: Web
Date Sent: 2016-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-01-18
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Over the past year and a half, I have been subjected to a barrage of harassing phone calls, letters and other predatory loan servicing tactics by Ocwen Loan Servicing , LLC . First, Ocwen has repeatedly charged me for lender placed insurance ( using what is likely a sister insurance company of Ocwen called XXXX XXXX XXXX XXXX XXXX ), despite me consistently showing that I have an insurance policy in place for the property. Every time they have placed it on my account, I have shown them that I do indeed have property insurance and requested them to cancel their lender placed insurance policy. Often Ocwen would say that they could only accept proof of insurance via fax, which I would comply with, only to be told they did n't receive the fax. When Ocwen would cancel their lender placed insurance policy, they would shortly thereafter ( if not immediately thereafter ) send me new notices demanding proof of property insurance. In fact, one time they sent a confirmation of cancellation of lender placed insurance along with a new notice of intent to purchase lender placed insurance on the same day! Second, Ocwen 's agents would call me virtually every day or other day at odd hours, threatening me with all sorts of penalties, charges and trashing my credit if I did n't provide them with what they were demanding. Recently they have demanded that I provide proof of insurance for personal items in the property. This is utterly ridiculous and absurd! The personal items in the property are not collateral for the mortgage that Ocwen is servicing. Nothing in the mortgage agreement requires insurance for personal items in the property and the insurance policy that I have in place for this property satisfies the insurance requirements under the mortgage agreement. I am tired of dealing with their dishonest, fraudulent and abusive tactics, and frankly I just do n't have the time anymore. I am lucky in that I work in real estate and at least have an idea of what 's going on here. What worries me is that if this has been happening to me, I can only imagine how much Ocwen is taking advantage of people who are not so able to defend themselves. I have read about Ocwen being regulated by both federal and state governments for their criminal behavior, and yet they are still allowed to continue operating. Ocwen needs to be shut down permanently.
Company Response:
State: CA
Zip: 90049
Submitted Via: Web
Date Sent: 2016-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am lodging another complaint against Ocwen Loan Servicing , LLC because they are committing fraud, submitting fraudulent debt and loan information and pretending to be a bank, mortgage lender, etc. The Office of the Comptroller of the Currency assigned me a case number on XXXX XXXX, 2015 and transferred the complaint to the appropriate supervisory agencies which are The Consumer Financial Protection Bureau ( CFPB ) and The Mississippi Department of Banking and Consumer Finance. The Mississippi Department of Banking and Consumer Finance, State of Mississippi phone number is XXXX or XXXX ( XXXX ). However, The Mississippi Department of Banking and Consumer Finance have not contact me nor did they acknowledge that they ever received the complaint. More importantly, I did a follow-up by calling to The Mississippi Department of Banking and Consumer Finance on XXXX XXXX, 2015 to try to find out about the progress of this case. An attorney with Mississippi Department of Banking and Consumer Finance stated that they would be contacting me about this matter. However, no one from this agency has contact me.Resolution : I am seeking compensation, legal responsibility fees, indemnity fees, pain and suffering fees and other legal remedies from Ocwen Loan Servicing , LLC because they are acting as a bank, mortgage and finance company, lender and they are illegally operating in the State of Mississippi and USA. I need The Mississippi Department of Banking and Consumer Finance to allow me to know what steps have been taken to prevent Ocwen Loan Servicing , LLC from acting as a bank, mortgage and finance company and illegally operating in the State of Mississippi. I need to now if any steps have been taken to prevent Ocwen Loan Servicing , LLC from committing fraud and operating in the State of Mississippi as a bank, mortgage company lender etc. ( See the enclosed exhibits ) Resolution : I am seeking compensation, legal responsibility fees, indemnity fees, pain and suffering fees and other legal remedies from Ocwen Loan Servicing , LLC because they are acting as a bank, mortgage and finance company, lender and they are illegally operating in the State of Mississippi and USA. I need The Mississippi Department of Banking and Consumer Finance to allow me to know what steps have been taken to prevent Ocwen Loan Servicing , LLC from acting as a bank, mortgage and finance company and illegally operating in the State of Mississippi. I need to now if any steps have been taken to prevent Ocwen Loan Servicing , LLC from committing fraud and operating in the State of Mississippi as a bank, mortgage company lender etc. ( See the enclosed exhibits )
Company Response:
State: MS
Zip: 39056
Submitted Via: Web
Date Sent: 2016-01-19
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-01-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have a mortgage that is in bankruptcy. The court sends me paperwork from the company ( Ocwen Loan Service LLC ) and it quotes my monthly note as {$940.00} as of XXXX/XXXX/XXXX. The quote also list my previous note ( for the last six months ) as {$1200.00}. In XX/XX/XXXX I received a quote from OLS stating that my note will be {$1700.00} beginning on XXXX/XXXX/XXXX and that was the note the six months prior ( that they had previously stated was {$940.00} ). This might not be serious to you, but according to my previous complaint, this is what happened last time when Ocwen decided to do XXXX mathematic and tried to take my house. I thought that we had gotten a good understanding since I was forced to go back into bankruptcy to save my house. I have truly struggle trying to save my house that I only owe {$33000.00}, despict the fact that prior to writing to the banking authority they had me owing {$67000.00}. Even though I owe less principal than I have ever owed, the company is requiring that my note is more than it ever have been. That note is almost impossible for me to pay. I have spoke to the insurance company and they have gone from {$2500.00} to {$10000.00} deductible. They took off the term " replacement cost '' and the house is being insured for regular cost of {$130000.00}. The insurance company is in the midst of refunding part of the money that the company has paid for insurance. However ; even with the additional cost of insurance, the fact that interest rate and index is less than it has been, and the amount owed on the house is half of what it originally was, I do n't understand a note of {$1700.00} monthly. I truly do n't understand how they quote XXXX monthly price to the court and quote me a different amount and back date the information..
Company Response:
State: LA
Zip: 70003
Submitted Via: Web
Date Sent: 2016-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-15
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I had contacted the Justice Dept about this http : XXXX and since I was n't currently in the Military they told me to contact you on this site to see if there was anything else that was done for anyone who " Tried to work with their Mortgage company/bank but went into foreclosure because they could n't get in touch with them. I was dealing with GMAC at the time ( 2008 ) and needed to put a couple payments in the rear in order to take care of my daughter but ended up going into forclosure. We tried to ask for a short sale as well but no response. The Justice dept just thought if there was anything I could look into it would be your dept?? Just thought I 'd ask around. Here is XXXX email from 2008. From : XXXX XXXX [ mailto : XXXXXXXXXXXX ] Sent : Thursday, XXXX XXXX, 2008 XXXX To : XXXX XXXX Subject : Ref Loan # XXXX Your File # XXXX XXXX, I got your email address from your company website so if I should be speaking to someone else please let me know. This is XXXX XXXX of XXXX XXXX XXXX, XXXX Md XXXX I have been trying " unsuccessfully '' to get in touch with GMAC Mortgage about my Loan. As of today, I 've called XXXX XXXX and XXXX XXXX at XXXX and left her numerous messages. She use to call me back in the very beginning but now I ca n't get in touch with her or anyone. I 've sat on the phone for over XXXX, XXXX, XXXX, XXXX, etc..etc ... Noone ever answers and I need help .... When I talked to XXXX XXXX back in the XXXX she approved me going through a " shortsale '' process and we 've had XXXX some people look at our house. The price was lowered XXXX and it is still sitting even though XXXX people have come back 3 and 4 times noone has put an offer on it. My Realtor XXXX XXXX in XXXX Md, wanted me to find out if there was any way you could help me get in touch with GMAC? I moved my family out into a rental home a mile away and our new address is XXXX XXXX XXXX. XXXX Md, XXXX ... My cell phone is XXXX. I can be contacted on that after XXXX everyday. My wife XXXX can also be contacted at XXXX anytime during the day. We are trying to be " Proactive '' but we just ca n't get in touch with ANYONE at GMAC. I know they 're swamped but if you can give us any advice, please do ... We were even trying to see if GMAC would do a " Cash for Keys '' if that is possible? My home is in beautiful condition as well. My Realtor thinks it could sell at anytime but we just need alittle more time. The XXXX was turned off at the home though so I would hope GMAC would want to get that turned back on so the pipes do n't freeze. Please, Please, Please call or write me at your earliest convenience ....
Company Response:
State: MD
Zip: 21784
Submitted Via: Web
Date Sent: 2016-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-17
Issue: Settlement process and costs
Subissue:
Consumer Complaint: XX/XX/XXXX we moved to XXXX from XXXX, my ( then ) husband and our XXXX kids. The properties we owned prior had turned to gold financially, we had money, absolutely no debt and excellent credit. When we met with a loan officer we discussed our budget, my husband 's new job and what we were looking for homewise. We chose our home in the XXXX XXXX where the best schools in XXXX were. This home had sold for XXXX a couple years prior but the bank assessed and approved the inflated value of XXXX. We thought the market would keep booming and price us out so we made our offer after being approved of a conventional loan with fair interest rate. The two weeks prior to closing we became concerned that our loan officer was not returning our calls. On closing day, with the rental keys returned and boxes on the moving truck, he showed up to meet us at XXXX XXXX XXXX of XXXX. He apologized and said that our underwriter had the " flu '' and presented a subprime loan ( actually XXXX loans ) with a payment XXXX more than original loan agreement signed 8 weeks prior. We were terrified but this man insisted we would be refinanced at no cost in a week or two when the underwriter felt better. We were never to make that large payment. What choice did we have? While we were fearful, please understand that we had never had a bad experience in this area before, we were ignorant of the issues that were taking place around that time. We never heard from the loan officer again. All calls were unreturned, we tried explaining to our servicers ( XXXX and Wells Fargo ) the situation. In the following months we made the payments of XXXX while calling, pleading and handwringing. This would not be sustainable yet our cries for help went unanswered. At the time there were no protections in place like there are now. We knew this was nearly criminal but nobody cared. Our marriage fell apart in that year from the stress and we made plans to go back to XXXX the following XX/XX/XXXX. To afford the payments, we moved in with my mother in law. Clearly we could not even rent an apartment and make a XXXX payment for the XXXX property. Our hope was to sell it or rent it out if we ever got the payment to XXXX like it was supposed to be. In addition, there were months that we had to make double payments because our prior payments were not recorded, yes, we sent proof but it made no difference. Eventually XX/XX/XXXX, we had run out of money. Our savings had been depleted and my husband took a lower position at his old job here in XXXX. No payments had ever been refused even then. Our kind nieghbor in XXXX was taking care of our house and it was on the market. The value had dropped considerably. Only now have I been made aware that there were settlements in XX/XX/XXXX. I am still struggling to survive as a single mother, and the foreclosure by Wells Fargo made it difficult to rent and has done so until recently. Approximately 2 months ago I began my journey back in time, trying to figure out why we were not in the " database '' for settlements. Our foreclosure issues continued until XX/XX/XXXX when we were sued for the XXXX balance here in XXXX. Actually, no service of process took place, it was a default judgement. My ex husband, XXXX XXXX and I have discussed recently that he was never served by XXXX Investors ( XXXX XXXX ) and only knew of the judgement when his wages were to be garnished. Just as were getting on our feet we had to file bankruptcy. My questions now are as follows : 1. If deficiency judgement were not allowed in XXXX for a single family property, was there proper jurisdiction here in XXXX? 2. Was n't a lawsuit for deficiency out of the question so much later? 3. What was recovered by the banks from insurance, investment sales, bailout, etc? We were set up to fail for reasons. To be continued In following complaint ... please assign XXXX No.
Company Response:
State: AZ
Zip: 53211
Submitted Via: Web
Date Sent: 2016-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-01-17
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen is not adhering to the new servicing standards for servicing loans found in the National Mortgage Settlement. Ocwen is using a robo-signed document that was filed on XXXX XXXX, XXXX to foreclose on our home. This document was first filed by an employee of Homeward Residential f/k/a American Home Mortgage Servicing Inc. Ocwen began servicing our loan XXXX/XXXX/XXXX. When Ocwen took over the servicing of our loan, our attorney sent Ocwen a letter on XXXX XXXX, XXXX stating that we dispute the validity and recoverability of the note. We had a lawsuit with American Home Mortgage Servicing Inc., in XXXX County. Discovery with the defendant American Mortgage Home Mortgage Servicing Inc 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 Option One Mortgage Loan Trust XXXX, the limitations imposed by Option One Mortgage Loan XXXX, and robo-signed document filed in the land records office on XXXX XXXX, XXXX. Our attorney asked Ocwen to provide the name and address of the original creditor, as well as the document evidencing transfers that would give Ocwen the authority to service the loan. Ocwen finally responded to this request on XXXX XXXX, XXXX. Ocwen informed us that they would not be able to provide us with the original wet ink signature loan documents. They informed us that we could contact their customer care department to remit the applicable fee and request the required loan documents. Ocwen is in violation of Texas State Laws and the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects consumers from unfair, deceptive or abusive acts or practices by mortgage servicers. Ocwen is in violation of the proposed consent order with the Consumer Financial Protection Bureau, XXXX States, and the XXXX that is dated XXXX/XXXX/XXXX. XXXX XXXX XXXX, XXXX, Tx XXXX is our homestead and primary residence. Ocwen has listed our home for foreclosure sale on XXXX/XXXX/XXXX. Ocwen has not provided accurate, reliable, or competent evidence. Ocwen has violated XXXX XXXX, Texas Government Code, Section 51.904. XXXX XXXX XXXX f/k/a Option One Mortgage Corporation, a California Company 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. This assignment of deed of trust was signed by a known robo-signer XXXX XXXX. Ocwen is relying on this fraudulent instrument to foreclose on our home. Declaration from President of XXXX XXXX XXXX f/k/a Option One Mortgage Corporation, a California 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 listed on XXXX XXXX XXXX Approved Robo-signers list. Our Chain of Title has been corrupted. 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 County Land Records office void. Ocwen has not produced copies of assignments of mortgage or deed of trust to demonstrate the right to foreclose on note under state law. Ocwen is still engaging in illegal behavior that has put us in danger of losing our home.
Company Response:
State: TX
Zip: 78628
Submitted Via: Web
Date Sent: 2016-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes