Date Received: 2015-10-20
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I 've recently discovered that poor loan servicing by Ocwen for my rental property is causing my credit report to reflect incorrect delinquent payments ; which in turn is negatively affecting my risk profile with financial institution for loans, such as a HELOC. I 'm not sure why but it looks like - for some months - Ocwen is not applying my mortgage payments when they arrive from my XXXX account. Moreover, they 're marking my account with delinquency notices. I 've enclosed an example of a delinquency letter I received from Ocwen and documentation verifying that I am indeed making mortgage payments that Ocwen is choosing to delay in crediting my account. In the attached document, you 'll find : - a XX/XX/XXXX payment that was n't credited to my account until XX/XX/XXXX - a XX/XX/XXXX payment that was n't credited to my account until XX/XX/XXXX - a XX/XX/XXXX payment that is n't reflected in my payment history
Company Response:
State: GA
Zip: 30269
Submitted Via: Web
Date Sent: 2015-10-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-20
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am not a attorney, so maybe I did not explain my case well enough, if you all look at the XXXX on page XXXX under count XXXX, number XXXX, clearly said the " Due to an inadvertent clerical error, the Mortgage was never placed of record with the XXXX County Kentucky Clerk 's records and the original Mortgage has become lost. " If the original Mortgage has become lost, then how can you filed a assignment of Mortgage on XXXX XXXX, XXXX and also it was signed and prepared by XXXX XXXX by OCWEN office, so when I said OCWEN falsify the document, it mean using a copy or some other way to make it legit to file a law case. I pray the CFPB will look into this, so it will not happen to other people. recently, OCWEN wanting to file a law suit, so OCWEN falsified a copy of old mortgage paper, and ask XXXX XXXX XXXX XXXX XXXX , XXXX ( XXXX ) to file a assignment of Mortgage Electronically. They have violate the law and also, lost trust in the system, XXXX have abused the Electronic file system. according the law, XXXX need to have the real document to validate the information, there is no promissory note or real Mortgage with real signature on hand, file in XXXX XXXX clerk office, and you can also look at the date they file, it was there first filing on XX/XX/XXXX. and the Mortgage date is XX/XX/XXXX. by falsified a record statement, it is a violation. please look at XXXX law suit, OCWEN attorney said the original Mortgage is lost, then without original Mortgage, XXXX and OCWEN are just using a copy to file. this is very serious problem, if they just use a copy to file, it will damage the Legal procedures.
Company Response:
State: KY
Zip: 40601
Submitted Via: Web
Date Sent: 2015-10-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-19
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Despite the CFPB ruling against Ocwen Loan Servicing LLC, in XXXX XXXX, this company is still illegally foreclosing on consumers. I am now XXXX their most recent victims. Ocwen Loan Servicing , LLC filed for foreclosure on my house and was awarded summary judgment with fraudulent paperwork. The property has been under foreclosure since XXXX. A different loan servicer sued for foreclosure and the case was dropped due to lack of prosecution. The house has been under XXXX different loan servicers, since the life of the mortgage loan. Ocwen Loan Servicing , LLC claims to be the new servicer of the loan and filed for foreclosure on the home and on XXXX XXXX, XXXX the Ocwen was granted a foreclosure summary judgment by a lower court in New Jersey. They won the summary judgment by submitting an affidavit of someone named " XXXX XXXX '' who is allegedly a " contract management coordinator '' for Ocwen Loan Servicing LLC . The company did not provide a certified copy of the original note on the home. Instead, they provided an assignment of the mortgage along with the XXXX XXXX Affidavit. The assignment of mortgage provided in the XXXX XXXX Affidavit does not even contain the name " Ocwen Loan Servicing LLC '' and it does not state on what date Ocwen Loan Servicing LLC was given servicing rights by the note holder. I defended myself as pro-se. I filed motions against their lawyer 's motion for summary judgment and I brought up these issues of material facts with the affidavit and the assignment of the loan. The judge, in New Jersey, dismissed my arguments and granted summary judgment to Ocwen Loan Servicing LLC . On XXXX XXXX, XXXX, I paid {$250.00} for the court transcripts of the case and proceeded to file a notice of appeal with the New Jersey XXXX Division along with a deposit of {$300.00} to file my case. The Judge that ruled on this case remanded the case to the office of foreclosure in New Jersey, so I was advised by the New Jersey XXXX that case has not been finalized and so I need to file a motion to leave for appeal. I am in the process of filing my motion to leave for appeal. I am aware that I owe the money on this home and I am aware that the house is under foreclosure. Those are facts. The reason I went under foreclosure is because XXXX the previous servicers, American Home Mortgage Servicing , Inc. ( AHMSI ) trippled my mortgage by raising my interest rates and opening a escrow for my taxes. I am aware that CFPB recently ordered Ocwen Loan Servicing LLC to reduce mortgages on consumers by {$2.00} XXXX and ordered them to pay {$120.00} XXXX to about XXXX home owners that have been foreclosed upon illegally. This agency also specifically accused Ocwen Loan servicing , LLC of " Robo-signing foreclosure documents, including preparing, executing, notarizing, and filing affidavits in foreclosure proceedings with courts and government agencies without verifying the information. '' The " XXXX XXXX affidavit '' that has been used in my case seems to be another " robo-signed '' affidavit and they won their foreclosure case with this affidavit. This is property was an investment property for my retirement. I am a XXXX, retired, XXXX woman. I do n't want to lose what 's left of my savings as a result of an illegal foreclosure. I am afraid that Ocwen will win and the real note holder or real loan servicer will sue me again. I will do whatever I can to appeal this decision, but it is costing me a lot of time and a lot of money to defend myself against this company. Ocwen Loan Servicing , LLC has not ceased their predatory practices against consumers.
Company Response:
State: NJ
Zip: 07065
Submitted Via: Web
Date Sent: 2015-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-19
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: ocwen loan servicing llc got my mortgage transferred fromXXXX XXXX .when ocwen sent my first statementthey added a {$2800.00} fee. my account should be reimburst for any and allfor any and all costs.
Company Response:
State: PA
Zip: 15102
Submitted Via: Web
Date Sent: 2015-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-19
Issue: Incorrect information on credit report
Subissue: Account status
Consumer Complaint: ocwen loan servicing llc reports a payment in XX/XX/2015 as 30 days late.i paid the mortgage on XXXX/XXXX/2015. ocwen did not apply the mortgage to my account. I requested a correction and ocwen denied it. ocwen increased the escrow amount in XX/XX/2015 without me receiving any notice. I sent in the amount I always sent and they did not apply my payment making it 30 days late. I ask CFPB to have ocwen to correct my credit reports to show I did make a timely payment.
Company Response:
State: PA
Zip: 15102
Submitted Via: Web
Date Sent: 2015-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-19
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Case number : XXXX ( now XXXX ) : XXXXSenator XXXX, It 's been about 18 months of filing complaints with the CFPB XXXX still we are no closer to a resolution than when we started. Our first CFPB complaint was with XXXX XXXX XXXX who legally IAW RESPA transferred our mortgage to Homeward/Ocwen XXXX. In the first CFPB complaint it appears that XXXX XXXX XXXX told CFPB that they may have made an error in the mortgage company that they named in the RESPA Notice but they corrected any alleged error by phone call to us. Their claims clearly were not true and not IAW RESPA the CFPB did absolutely nothing. RESPA requires corrections in writing within specified time limits and since none have been received we continue to make payments to Homeward/Ocwen XXXX who continues to accept and process the payments. After the Ocwen Loan Servicing LLC letter which was n't and is n't IAW RESPA we contacted Homeward/Ocwen XXXX by phone and they said that we did n't have a loan with them based on the loan number but they had cashed XXXX processed our preceding payment. There are claims that Ocwen Loan Servicing LLC XXXX told the XXXX government that they were affiliates of Homeward/Ocwen XXXX and that they could direct us to make payments to another place based on that affiliation. Even if an affiliation exists, under RESPA whenever the mortgage payment name or address or amount is changed a proper legal RESPA notice is required to be sent to us and none has been received changing Homeward/Ocwen XXXX. So, because one affiliate does n't have any legal authority to direct payment changes of another affiliate, we filed a complaint against Ocwen Loan Servicing LLC XXXX. Ocwen Loan Servicing LLC XXXX appears to contend that they can say and do anything they want relative to mortgages and they are n't afraid of the federal government and their piddly fines. I guess this is why the CFPB does nothing, it is n't worth it. The XX/XX/XXXX XXXX XXXX Notice says make payments to Homeward Residential Inc in XXXX XXXX not Ocwen Loan Servicing LLC . Everyone wants our mortgage payment. Seems everyone can send a Notice telling us to change our payment location anytime they want and it apparently is not illegal because nothing appears to ever happen to them. If our mortgage payments are made to the wrong place, it appears the state and federal government does n't care. Below is the last we sent to the CFPB. XXXX and XXXX XXXX number : XXXX ( now XXXX ) As previously stated every thing remains the same about the non-response from Ocwen to the actual complaint and who has again not addressed the issues and RESPA at all and claims they can send a so-called Transferee Notice saying anything they want in total disregard of the Transferor Notice. IF the CFPB rules the OCWEN Notice of XXXX 2014 is lawful, then CFPB must rule that the XXXX XXXX Notice of XXXX 2014 is also lawful and supercedes the Ocwen Notice and payments will be made to Homeward Residential in TX. I have presented what the CFPB claims RESPA says and what RESPA itself says and OCWEN IS NOT IN COMPLIANCE. Ocwen again has not made specific reference where we are alleged to have claimed untimeliness and they made false reference to it again. The CFPB must decide if XXXX XXXX XXXX Transferred Servicing to Homeward/Ocwen XXXX XXXX as the XXXX Notice claims or Ocwen as Ocwen 's XXXX unfounded and unmatching Notice claims. Their attorney and Ocwen claim that Homeward/Ocwen in XXXX and Ocwen Loan Servicing LLC in XXXX are the same identical company so now CFPB must rule on this matter and take the appropriate action while also remembering the XXXX XXXX Notice of XXXX 2014 which supercedes Ocwen 's Notice. We await a CFPB ruling stating both companies with different names and different locations are the same identical
Company Response:
State: TN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-18
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: On XX/XX/XXXX, I sent Ocwen Loan Servicing , LLC a QWR letter via certified mail. On XX/XX/XXXX, I received the green certified mail receipt confirmation signed by an agent for Ocwen and stamped " XXXX XXXX ''. I have not received any other written communication from Ocwen acknowledging the receipt of the QWR. Does this certified mail receipt constitute acknowledgement " withing 5 business days '' or are they required to send a letter to me? I want to ensure that they are complying appropriately with their servicing responsibilities, but I do not want to harass them unnecessarily.
Company Response:
State: AZ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-17
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: For the past 4 years I have been trying to work with XXXX and Ocwen, for a loan modification, by using Hamp. I have submitted over XXXX applications, only to be told after several weeks something is missing, or Paperwork out of date. Foreclosure sale date has been set XXXX. We filed chapt XXXX, to stop sale the first time. On XXXX XXXX XXXX XXXX XXXX contacted us to say that they had received our paperwork from Ocwen and that we were finally going to have a workout. Paid them {$1500.00}, payments to begin XXXX XXXX. Bankruptcy was discharged, 1. Because we did not feed it. 2. Ocwen never responded to the courts regarding payment plan, but since it looked like all would be resolved, we were not going to need it. We have no other debt. In the mean time another sale date had been set XXXX XXXX, only to find out the week before that Ocwen had no relation with XXXX, therefore we had been victims of fraud. As a pre caution, we filed ch XXXX again in order to stop the sale, because XXXX attorney nor Ocwen was listening to us regarding what had taken place over the last 6 months with XXXX. The night before the sale, the sale had been stopped. Ocwen asked that we re submit paperwork for loan modification, then was told that the off shore bank XXXX XXXX, would not except the Hamp program, and they were going to try to do this in house. We have been submitting paperwork for over 4 years, and they just are telling us, that this trust company would not accept this govt program, and that I needed to check with my state to see if I could get assistance. All in the mean time, fees, legal fees, interstest, principal balance continues to rise. We have now received a court document Assignment of Judgement, stating XXXX has assigned all rights to XXXX XXXX. Effective XXXX XXXX. We just want to pay our mortgage. But the arrears have become so high, we are so underwater.
Company Response:
State: IN
Zip: 461XX
Submitted Via: Web
Date Sent: 2015-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-10-16
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: 1 ) Phantom fees on payment history from XXXX/XXXX/XXXX to XXXX/XXXX/XXXX totaling {$1500.00} need to be explained and refunded. 2 ) Forced place insurance from XXXX/XXXX/XXXX to XXXX/XXXX/XXXX was {$2500.00}. It was reversed on XXXX/XXXX/XXXX after 3 months. Three months of payments should have totaled {$640.00}. I was refunded {$1700.00}. The difference between what I was charged and what I was refunded is {$130.00}. 3 ) Ocwen unfairly and incorrectly assessed the value of my home. I had an appraisal completed in XXXX XXXX and the value was shown as {$85000.00}. When I requested a payoff in XXXX XXXX I was told that a new appraisal needed to be completed. The second appraisal came in at {$230000.00}. I disputed the {$150000.00} in 3 month appreciation and it took until XXXX XXXX for another appraisal to be completed. The third appraisal came in at {$170000.00}. 4 ) I was incorrectly charged shared appreciation of {$7900.00} as a result of the delay with the appraisal. The shared appreciation should have been {$0.00}. {$170000.00} - $ XXXX {$85000.00}. I submitted {$180000.00} of receipts for capital improvements. Ocwen accepted {$63000.00}. I am requesting that Ocwen honor the XXXX XXXX XXXX XXXX XXXX amount of {$48000.00} that was paid by Ocwen out of my escrow account. This would have resulted in a {$0.00} shared appreciation. 5 ) There were to loan payoffs which were requested starting XXXX XXXX XXXX. I was not able to get a semi accurate payoff until XXXX XXXX XXXX.
Company Response:
State: DE
Zip: 19803
Submitted Via: Web
Date Sent: 2015-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-10-16
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Ocwen Loan Servicing acting as the Servicer of this mortgage has failed to meet all of its requirements under HBOR and is attempting to illegally foreclosing on our personal home by selling it at auction on XXXX XXXX, 2015. The direct violation of HBOR law is based on Ocwen Loan Servicing Mortgage improperly and unfairly review our loan modification request for relief. We have submitted a complete loan modification direct via fax and have been forced to resubmit the same package several times. In addition, Ocwen Loan Servicing has repeatedly denied us help several times and we never get a single person to answer our questions honestly or directly. They always have hundreds of people pass of file amongst each other just to create motion and delays. We intend to keep our home and we meet all eligibility criteria. They have never offered any help or relief and continue to threaten to take our home. Ocwen Loan Servicing Mortgage illegally commenced and is conducting a foreclosure while reviewing attempting to find workout relief options for us. They have mishandled our documents and file several times and failed to properly communicate with us throughout the process. They simply wish to foreclose and kick us out onto the streets. They have clearly violated HBOR specifically under the " dual tracking '' clause. Ocwen Loan Servicing Mortgage instructed and allowed the Foreclosure Trustee named XXXX XXXX to illegally start foreclosure on my property. The Ocwen Loan Servicing Mortgage and Know Your Options website gave the result that we are eligible for a loan modification with a lower payment to save our property. So there no reason why Ocwen Loan Servicing should have denied our request or started foreclosure on our home.
Company Response:
State: CA
Zip: 92220
Submitted Via: Web
Date Sent: 2015-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No