Date Received: 2015-11-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen has taken excessive amount of time issue a modification. We 've been told clients are approved but have yet to receive the documents.
Company Response:
State: WA
Zip: 98362
Submitted Via: Web
Date Sent: 2015-11-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-19
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: I am frustrated at the general consensus that mortgage companies are allowed to collect their interest upfront and not refund the money back if the loan is paid off early. Why are mortgage companies allowed to collect interest on money that has not been lent. Meaning that they should only be allowed to charge interest on the loan as it stands current. Not collect the interest on a note based on 30 years even if it is paid off in 5. I just think that as consumers the mortgage companies should be giving us a choice.
Company Response:
State: CO
Zip: 809XX
Submitted Via: Web
Date Sent: 2015-11-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen Loan Servicing is currently pursuing the prohibited practice of " Dual Tracking '' while I 'm being reviewed for a loan modification. Ocwen has scheduled a foreclosure date of XXXX XXXX, 2015.
Company Response:
State: NY
Zip: 11729
Submitted Via: Web
Date Sent: 2015-11-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-19
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Our mortgage was bought by Ocwen during bankruptcy. As time went by we finished our bankruptcy and had court orders stating that we are to pay a certain amount and that all past delinquent payments were considered paid in full. Ocwens attorney agreed to this order signed by the judge. We have made the required payments on time every month and most often paid more. We have bank statements verifying all monthly payments were on time. Ocwen is now sending letters saying they are missing payments, and are adding late charges to our account. I have tried talking with them over the phone but can not get anywhere with them. Each time I call I get different answers. They are now sending people out to take pictures of my house. I can only assume in preparations of foreclosure. I am not late on any payments and can prove it. My lawyer has instructed me to send a certified letter to the Ocwen attorney that represented them in my bankruptcy hearing. I have done this but have yet to hear from them.
Company Response:
State: TX
Zip: 77388
Submitted Via: Web
Date Sent: 2015-11-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-19
Issue: Taking/threatening an illegal action
Subissue: Seized/Attempted to seize property
Consumer Complaint: Here recently we sued Ocwen and debt collector XXXX for their collection practices in Federal Court because there is a State Court XXXX order in the State Court that was ordered XX/XX/XXXX prohibiting the filing of any future actions against the substitute trustee and their agents and employees in the State court. When the Federal FDCPA suit was filed the defendants sought contempt of court orders in the state court imprisonment to comply if the federal suit was not dismissed. A request of XXXX in attorney fees to the substitute trustee was also made a part of the deal. Out of fear of imprisonment, we dismissed the Federal lawsuit and consented to pay the XXXX. We later sought to have the voluntary dismissal vacated but it was ordered that we did not show the court that we were entitled to the relief and we are likely stuck with the cost of refiling the suit and paying the additional cost to bring the action. While we were awaiting a ruling from the court, Ocwen mailed me a Delinquent Notice pursuant to XXXX CFR XXXX wherein Ocwen is informing us that the loan is delinquent and has been turned over to a foreclosure attorney. Ocwen further states that the initial filing has not been completed. At some point between the FDCPA lawsuit filed XXXX XXXX, XXXX and the XXXX XXXX XXXX Notice, Ocwen must have requested that its substitute trustee rescind the original foreclosure and start the process over. And while we believe this to be the case a substitute trustee currently has the property scheduled for a sale date of XXXX XXXX, XXXX. We contacted both Ocwen and the substitute trustee, and the Ocwen representative would not speak regarding the letter and was solely interested in questioning about the loan modification claiming that papers were needed, but we informed him that we had already received a denial letter based on the fact that the sale was 7 days out. When we reached out to the alleged substitute trustee regarding them rescinding the foreclosure based on the information contained in the delinquent notice, they have failed and refused to respond. The XXXX debt collector is in possession of an order from the state court that prohibits us from filing any complaints to your agency and any other Federal agencies, courts and commission. We have appealed this order. The original foreclosure in this case was upheld by the NC XXXX Court, however, an issue that was not before the court is the fact that the substitute trustees XXXX XXXX and or XXXX XXXX did not send a dunning letter to us as required by the FDCPA, although Ocwen and its attorneys do not believe that we have rights or protections under FDCPA, we strongly beg to differ and stand ready to file our FDCPA complaints with the Federal Court and we would hope that Ocwen and its attorneys would not threaten that we be imprisoned in the future for filing claims that are far removed from the foreclosure and unrelated to the underlying issues that were decided by the state court judge. I am attaching a copy of the Delinquency letter and a response from Ocwen filed in the Federal Court in response to our Motion to vacate the voluntary dismissal. It should be noted that Ocwen 's response to the motion was done prior to its claims that it still had an active right to sale the property based on XXXX XXXX, XXXX order permitting the foreclosure. These XXXX documents show that Ocwen is misrepresenting the status of the loan when it filed its answer in Federal Court.
Company Response:
State: NC
Zip: 28079
Submitted Via: Web
Date Sent: 2015-11-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-11-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen Loan # XXXX XXXX XXXX XXXX , XXXX XXXX CA XXXXThe BPO done on this property is lacking evidence and likely fraudulent. Ocwen hired their own company to do the BPO. Please see below, and items attached. NUMBER OF ROOMS : The Owner/Seller made changes to the home while running an orphanage out of the home. They enclosed the loft to make another bedroom. They also made another bedroom out of the laundry room. The washer and dryer are currently hooked up in the garage. This is a neighborhood of XXXX bedroom/XXXX bath homes. OFFERS ON THE PROPERTY : The only other offers that have been made are for $ XXXX, and $ XXXX. The first page of the offer for $ XXXX is attached. Please note that this offer was made Three Months ago and the market has declined since then, as stated by Ocwen 's own appraiser. MARKET COMPS SHOWING THE OFFER IS IN LINE WITH RECENTLY SOLD HOMES : This home has deferred maintenance. Every home that sold over XXXX has been upgraded and is in livable condition. This home needs in excess of XXXX of repair and rehab work - see attached Contractor 's Bid This home backs to a Busy Main Road - lots of traffic and noise This home only has a XXXX garage This home does NOT have a private pool This home has a no backyard This home does not have any upgrades This home does not have a hot tub In addition to the attached Sold comparables, the home next door ( XXXX XXXX XXXX ) has been listed at XXXX for about 30 days. It is a XXXX bedroom/XXXX bathroom home with XXXX square foot. There have been No Offers. Market Comp - XXXX XXXX XXXX XXXX sold at $ XXXX. it is presently being rehabbed also. BPO DONE BY XXXX : The BPO compares the property to a XXXX bedroom/XXXX bathroom. Due to the additional rooms being unpermitted, you can not make a valid comparison of a XXXX bedroom/XXXX bathroom home to a XXXX bedroom/XXXX bathroom home. NO market comps are listed in the BPO - there is no factual evidence of the numbers used by the BPO agent NO REO comps were taken into account - even though the appraiser said the REO comps affected the pricing in this area The BPO agent states there was an offer at $ XXXX on XXXX/XXXX/2015. There are several issues with this:1. " Offer Prices '' are NOT public knowledge. Only " Listed '' and " Sold '' prices are available to the public. 2. To divulge this " Private '' knowledge of an offer price would be a violation of fiduciary laws governing the words and actions of licensed real estate agents - in the ENTIRE STATE OF CALIFORNIA ... XXXX HOW does the appraiser not know this? 3. It is IMPOSSIBLE to put " Offer Prices '' into the XXXX XXXX system - Since the BPO agent is a member of the XXXX XXXX, how does not not know this? ( please see copy of the BPO valuation for the BPO agents exact statement regarding the Offer Price being public knowledgeXXXXXXXX is Owned by Ocwen ... ... This is NOT a neutral 3rd party appraisalIt is somewhat suspicious that while the BPO agent cites that REOs are diving the market in this neighborhood, none were used in his value. Nor was much factual data. This has become a disturbing trend with XXXX values ( the company owned by Ocwen ). Are attempts at mis-valuing properties being orchestrated in order to drag out short sales and loan modifications so that Ocwen can continue to collect monthly servicing fees and also bill their investor for associated services through their wholly owned subsidiary, XXXX? Ocwen has already been admonished by the federal and state governments for shenanigans involving vendors that they own and use .... it is apparent that this is the case here.
Company Response:
State: CA
Zip: 92021
Submitted Via: Web
Date Sent: 2015-11-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I XXXX 2011 I was granted a hamp by ocwen because I was in bankruptsy andmy attorney helped by writing if I did not get one would not be able to keep the hohouse. In XXXX 2011 I had a flood in the house and was so consumed with waterer I was 2 days late and the second trial payment and they canceled it. I tried tomake the payment and they would not take it. I had not advocate but myself ottry to deal with them. the bankruptsy attorney was done and past. I was givenan in house mortgage of XXXX I could not pay. I got sick, had XXXX now. I can not work at all. I only havesoc andpension which is net of XXXX. Ocwen insists on the gross of XXXX XXXX as income.my other bills take up all that incoe without a mortgage. I maybe could cut some if my mortgage wasXXXX or XXXX as the hamp but cannotpay the XXXX inhouse mortgage they gave me. They argue since I was late onthe second trial hamp by 2days that I can never have another. Another personat Ocwen told me in three years I could It has been over 3 yaras and I reappliedand theysendt me an in inhouse more than the XXXX icould not pay. It includedthe unpaid mortgage for a year at 2 percent but no principle reduction. my housis not worth the tax value of it. it is taxed with othr houses in my areanot in floodzones. mine and the XXXX next door are in a flood zone and not one would XXXX for it. plus it need any repairs I can not make. I have made many repairsome not paid for yet. I need another hamp with principle reduction and recastof up to XXXX past due. I was told today if I had contracted a houseig counselor about the2 day late hamppaymennt they might could have helped. I did not know. I reapplied in 4 years as theysaid and they turned me down again contrary towhat I had been told that I could reapply in 3 years. The hamp tier two they say my income is too much. they gross it. the actual incomecome is not too much. I never see the taxes. There is nothing I can cut from my budget but food which I have done. I havebeen in bed for a year not abletowork andhave XXXX less a month and will neverwork again. I ca n't cut out any of my monthly payments. I need the principle reduction and thethe hamp.to stay here. without me this house would be condemned. it is fallingapeart andnot worth the tax value on it. XXXX just taxes all houses of the sizealike no atter the condition of if they are in a flood zone. The tax value is XXXX but no one in their right mined would pay that for this househouse not more than XXXX in mint condition which it isnot. The deck is falling apart from the house due to water and termites, and stepschipped and unsafe and garage doors need replacing and the cemet in the garageis all torn up. the condition of th house isnot worth the tax value. I need help getting the hamp back. I could maybe pay XXXX or XXXX but not more andand with esceo and insurance included. my bill add up to XXXX and my income is XXXX net which is all I get. I do n't get the gross. I was just paying my bills barely without a mortgage for a year. I will have to find work after the sergeries somehow but I am XXXX and there isnothing I can do. I am fired from my part time job due to inability to work. I have not job. I have not earned income. I need help getting the hamp reoffered to me with esceo and flood and homeowI want to keep the house and use flood ins to keep restoring it forme and for thewithout my flood ins the house would be condemned. My bill information is availableif I am given an email address to send it to. ocwen has lied to me telling me Icould reapply for the hamp in 4 years. it has been that. and now they say not atall nor a tier 2 for I make too much. I am not in a high income bracket. they have my taxes and all my pension and soc information and ihave no emplo
Company Response:
State: NC
Zip: 27713
Submitted Via: Web
Date Sent: 2015-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-18
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I would like to thank the Consumer Financial Protection Bureau for allowing the opportunity to post my Complaint. I have been an Ocwen customer since XXXX XXXX XXXX. I received a Mortgage amount increase of {$15.00}. I am sending this complaint today XXXX XXXX XXXX and have not received a explanation of this increase. The payment of {$1200.00} has remained the same since XXXX of XXXX, fluctuating a few dollars more or less since then. I am sending you the Mortgage Account XXXX for XXXX XXXX. Ocwen includes a note on the bottom referencing the increase with no detailed reason for new Mortgage Amount of {$1200.00}. Mortgage Account Number is XXXX. Ocwen has admitted in the last year or XXXX that their Mortgage Processing and Accounting System may be questionable at times. Thank you once again for your Professionalism and high regard for Ethics in a sometimes confused and disoriented Economic Culture.
Company Response:
State: CA
Zip: 92154
Submitted Via: Web
Date Sent: 2015-11-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-18
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: In XXXX of 2008 I called my Mort co. GMAC to inquire about the Modification process from a letter I received from them. They told me I had to be at least 30 days behind before I could start the process. I explained that I have never missed any payments on anything and did n't feel good about being late on a Mort payment. They said it would only take 30 days or so and I should not worry about bad credit. Well that was the beginning of my 18 month nightmare!!! I have a Mort brokerage education so I knew how to put together a loan package for mortgages. After they received the completed loan doc 's they kept requesting the same information time and time again. I faxed them my tax returns alone at least 5 times. After XXXX temporary 90 day payment plans they said they were going to come up with my new modified payment. But that did n't happen. After 18 long months of not knowing what was happening with my Mortgage I finally got a letter stating the modification was denied because they could not figure out my income!!!!!! What!!! They said I had to back pay all my missed mort payments as well as late fee 's, penalties and random inspections ( to see if I still lived here ) or they were taking my Home. I had to sell over {$60000.00} from my XXXX and pay early withdrawal penalties and taxes and hand that money over to GMAC. I paid the mort the next 12 months and then hired a lawyer to help me with the modification once more. After almost 3 years of sleepless nights I finally got the modification completed. GMAC has since sold my loan to OCWEN and I did receive a {$500.00} check from GMAC for any wrong doings with the modification. I 'm now XXXX yrs old had to start my XXXX back again because the market was down almost 50 % when I sold and took a huge loss just to pay them. They knew what they were doing they knew how much money I had and they deceived me at every turn. My Loan # XXXX same # as when GMAC owned it but now OCWEN loan servicing has it there # XXXX. After the modification GMAC divested itself from any of these mortgages. They should be held accountable for the time and money I had to spend just to lower my mortgage to the current interest rate. That 's all I wanted in the first place.
Company Response:
State: CA
Zip: 954XX
Submitted Via: Web
Date Sent: 2015-11-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-11-18
Issue: Settlement process and costs
Subissue:
Consumer Complaint: After my point of contact told me that this file was being submitted for an approval. They came back and stated they have to order up a new appraisal/BPO. This was 4 weeks ago. We have been waiting for weeks upon weeks to get a BPO/Appraisal to come to client 's property. Every week they order an BPO/Appraisal and nothing comes of it. No phone calls, no scheduling. Nothing. Ocwen continues to state every that someone is coming will contact me. They have already scheduled a foreclosure date of XXXX XXXX, 2015. We have a buyer and the buyer is now growing impatient with the waiting process. Ocwen told my me that they will not allow an escalation. They will not reveal the investor on the loan. They only state that we will have to continue to wait for BPO/Appraiser to come out. We have been waiting for over 4 weeks ago. They are setting this client up for a strategic foreclosure. They continue to tell me that they do not know why no one has contacted me but wait another 7-10 days and " maybe '' someone will call. Ocwen is really being unprofessional about this. This is a HAFA short sale and for them not to give me any information on who else to contact is ridiculous. I need help with Ocwen. This is stressing my client out. She does not want a foreclosure on her record, but Ocwen is forcing XXXX her.
Company Response:
State: IL
Zip: 601XX
Submitted Via: Web
Date Sent: 2015-11-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No