Date Received: 2015-09-23
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: Dear CFPB, First of all I want to report that a notice of default has been recorded by XXXX at our XXXX XXXX County Recorders Office on my property located on XXXX XXXX XXXX XXXX, CA XXXX. Their is a projected sale date schedule for XX/XX/XXXXI have repeatedly sent several letters to dispute the alleged debt and validity of the recorded documents recorded at our XXXX XXXX County Recorders Office to XXXX, XXXX XXXX AND XXXX XXXX. These XXXX ENTITIES HAVE FAILED TO VALIDATE, MUCH LESS VERIFY AND AUTHENTICATE THE ALLEGED DEBT. Moreover, these XXXX ENTITIES continue to violated my consumer protection rights pursuant Fair Debt Collections Practices Act ( FDCPA ) and Truth in Lending ( TILA ). See enclosed Notice of Default served to me by XXXX XXXX. These is a list of letters I have served these entities via certified mail and faxes ( Attached ) :1. XX/XX/XXXX : Notice of Dispute and Demand for Verification letter certified mail served to XXXX. 2. XX/XX/XXXX : XXXX XXXX XXXX XXXX Disputing and challenging validity of recorded instruments and assignments at our XXXX XXXX County Recorders Office. 3. XX/XX/XXXX : CALIFORNIA DEPARTMENT OF BUSINESS OVERSIGHT COMPLAINT against XXXX and XXXX XXXX. 4. XX/XX/XXXX : Notice of Non-negotiable Non Transferable NOTICE OF DIPSUTE applicable to all successors and Assigns, served to XXXX and AFFIDAVIT REQUEST TO XXXX XXXX XXXX, XXXX VERIFYING AND VALIDATING ACCOUNT # XXXX, as a matter of law and equity. 5. XX/XX/XXXX : Demand for Debt and Validation of Proof of Claim served to XXXX. 6. XX/XX/XXXX : Cease and Desist and Notice of Invalid Instruments : Trustee in foreclosure liable for damages under California Homeowners Bill of Rights. Served to XXXX and XXXX. PLEASE NOTE that XXXX County Civil Grand Jury here in CALIFORNIA just released an audit conducted ( enclosed ) by XXXX XXXX " INTEGRITY OF LAND RECORDS IN XXXX COUNTY '' where it uncovered the same allegations that I have been alleging and also concurred with the violations addressed by California Homeowners Bill of Right. I 'm demanding that these XXXX ENTITIES, XXXX, XXXX XXXX and XXXX XXXX to identified themselves, to validate and respond to the above requests along with AFFIDAVIT of AUTHORITY TO CARRY OUT A NON-JUDICICAL FORECLOSURE. All I 'm demanding is just fair treatment according to my consumer protection rights under FDCPA and TILA so I can work out an amicable resolution with the legal and lawful authorized entity. I can be reached at XXXX XXXX XXXX XXXX. respectfully, XXXX XXXX
Company Response:
State: CA
Zip: 95076
Submitted Via: Web
Date Sent: 2015-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-23
Issue: Cont'd attempts collect debt not owed
Subissue: Debt is not mine
Consumer Complaint: Dear CFPB, First of all I want to report that a notice of default has been recorded by XXXX, XXXX at our XXXX XXXX County Recorders XXXX on my property located on XXXX XXXX XXXX XXXX, CA XXXX. Their is a projected sale date schedule for XXXX XXXX, XXXX have repeatedly sent several letters to dispute the alleged debt and validity of the recorded documents recorded at our XXXX XXXX County Recorders Office to OCWEN, XXXX AND XXXX XXXX. These XXXX ENTITIES HAVE FAILED TO VALIDATE, MUCH LESS VERIFY AND AUTHENTICATE THE ALLEGED DEBT. Moreover, these XXXX ENTITIES continue to violated my consumer protection rights pursuant Fair Debt Collections Practices Act ( FDCPA ) and Truth in Lending ( TILA ). See enclosed Notice of Default served to me by XXXX XXXX. These is a list of letters I have served these entities via certified mail and faxes ( Attached ) :1. XX/XX/2014 : Notice of Dispute and Demand for Verification letter certified mail served to Ocwen. 2. XX/XX/XXXX : XXXX Disputing and challenging validity of recorded instruments and assignments at our XXXX XXXX County Recorders Office. 3. XX/XX/XXXX : CALIFORNIA DEPARTMENT OF BUSINESS OVERSIGHT COMPLAINT against Ocwen and XXXX Bank. 4. XX/XX/XXXX : Notice of Non-negotiable Non Transferable NOTICE OF DIPSUTE applicable to all successors and Assigns, served to OCWEN and AFFIDAVIT REQUEST TO OCWEN LOAN SERVICING , LLC VERIFYING AND VALIDATING ACCOUNT # XXXX, as a matter of law and equity. 5. XX/XX/XXXX : Demand for Debt and Validation of Proof of Claim served to XXXX. 6. XX/XX/XXXX : Cease and Desist and Notice of Invalid Instruments : Trustee in foreclosure liable for damages under California Homeowners Bill of Rights. Served to XXXX and Ocwen Loan Servicing , LLC . PLEASE NOTE that XXXX County Civil Grand Jury here in CALIFORNIA just released an audit conducted ( enclosed ) by XXXX XXXX " INTEGRITY OF LAND RECORDS IN XXXX COUNTY '' where it uncovered the same allegations that I have been alleging and also concurred with the violations addressed by California Homeowners Bill of Right. I 'm demanding that these XXXX ENTITIES, OCWEN, XXXX XXXX and XXXX XXXX to identified themselves, to validate and respond to the above requests along with AFFIDAVIT of AUTHORITY TO CARRY OUT A NON-JUDICICAL FORECLOSURE. All I 'm demanding is just fair treatment according to my consumer protection rights under FDCPA and TILA so I can work out an amicable resolution with the legal and lawful authorized entity. I can be reached at ( XXXX ) XXXX. respectfully, XXXX XXXX
Company Response:
State: CA
Zip: 95076
Submitted Via: Web
Date Sent: 2015-09-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-09-23
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I am one month behind on my mortgage with OCWEN Mortgage who took it over from GMAC, they additionally have us owing several thousand in " late fees ''. I have informed them both verbally and through mail that the house is being leased and they have our address where we live in XXXX, XXXX. The house that they have the mortgage on is in XXXX, XXXX. They are continuing to send CERTIFIED LETTERS to our tenants there, and today XXXX/XXXX/2015 the tenants called me this morning saying that they came knocking on the door and asking for me and telling my tenants that I AM IN DEFAULT. Which is technically true, but this is not public information and is alarming that they are openly talking about my personal financial matters.
Company Response:
State: CA
Zip: 92602
Submitted Via: Web
Date Sent: 2015-09-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-09-22
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: In XXXX of this year I noticed that my statements started coming with a credit, un-applied funds on my monthly statements. I wrote to Ocwen Loan servicing via there web page at that same time asking what this credit is for. I then called directly to Ocwen after no response and was told to take the un-applied credit if its there. I wrote again asking if this was an incentive for modifying our loan, again no response. This month I received a check from Ocwen for {$1.00} over payment on my escrow account. Yesterday I received a letter from Ocwen stating that my escrow account was short. I have been asking Ocwen for 6 months with no response and now my monthly payment is going up.
Company Response:
State: NY
Zip: 119XX
Submitted Via: Web
Date Sent: 2015-09-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-09-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have had many problems with Ocwen trying to work with my mortgage. I had a modification on my home in 2010 and it was never done proper. I tried to challenge the amount and got nowhere. So I just took the charge and continued to pay what they said I owed so we would not be homeless. Now, due to increased medical bills I have had some missed payments and late payments, and Ocwen has refused to work with me for over a year. I finally agreed to sell the house, if I could do a principle reduction so I could do a short sale and not be impacted with a huge loss. They notified me last week thru mail that my home is set for auction on XXXX XXXX in foreclosure sale. I explained again, my spouse is a verteran, XXXX, and I work part-time. I am willing to sell the house and start over, but I have no where to go and no money, with such a short notice. Medical bills are constantly increasing even with XXXX. I do n't want to throw all our money away that we have put into the house. They spoke with me on the phone and said I needed a CASH buyer or the house will be sold on XXXX XXXX. I asked them to please work with me for a half- short sale so we can get some relocation money. They said they want the house back first and then they will consider the relocation money. Can you please reach out and ask them to consider a mortgage reduction for a short sale or half short sale with a relocation package. XXXX XXXX XXXX
Company Response:
State: TX
Zip: 76018
Submitted Via: Web
Date Sent: 2015-09-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-22
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: My wife and I have completed all required documents to refinance our home loan EXCEPT for XXXX documents held by Ocwen, after I have called them many times. Our refi is being delayed without reason, thanks to Ocwen delaying sending requested information. As everyone knows, mortgage interest rates are slowly, incrementally rising, so, after having delayed us for weeks, it is quite possible that our new monthly mortgage will rise, thanks to the passing of time. These people have ignored requests for documentation Our only recourse, it would seem, spend XXXX on litigation.
Company Response:
State: MO
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-09-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-22
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: Hello, Around XX/XX/XXXX my wife and I ran into difficult financial times with XXXX and were force to file bankruptcy. We tried to keep our house by continuing to make payments until XX/XX/XXXX. XX/XX/XXXX, we stopped making payments on our house and moved out. Because the house we lived in was under construction we were unable to do a deed in lieu and have to wait for the foreclosure of the house. Since then I have rebuilt my credit and have been trying to purchase a another house. However, the previous house has not been foreclosed on ( and we need to wait 2 years after the foreclosure to qualify for an FHA loan ) we are unable to purchase a house. I called the mortgage servicer and they told me that they ca n't rush the foreclosure any faster it 's ( almost 3 years ), but this is causing us undue hardship by not being able to qualify for another house. Is there anything I can do?
Company Response:
State: MN
Zip: 55109
Submitted Via: Web
Date Sent: 2015-09-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-22
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: To Whom It May Concern : I was granted a permanent loan modification in XX/XX/XXXX. I was advised that an escrow adjustment will be mailed out to me by OCWEN after a year. It was a big surprise that OCWEN is increasing my escrow payment by {$1100.00}, in addition to the {$990.00} escrow payment that I have already been paying, due to non-collection of escrow cushion after approval in XX/XX/XXXX, that OCWEN did not initially disclose and collect. This is going to cause another financial hardship. My payments will go from roughly {$2600.00} to roughly {$3800.00} per month for the next year, starting XX/XX/XXXX. I have spoken with a Customer Service Representative ( CSR ) XXXX, Code XXXX, on XX/XX/XXXX, regarding the Annual Account Disclosure Statement that I have received in the mail, dated XX/XX/XXXX. ( Attachment XXXX ) CSR XXXX meticulously reviewed the escrow activities with me since my loan modification was officially approved on XX/XX/XXXX. During the escrow activities review, CSR XXXX informed me that mortgage payments for XX/XX/XXXX and XX/XX/XXXX have not been posted. CSR XXXX sent a message to the proper channel to research these payments pending posting. On XX/XX/XXXX, I also contacted my home 's last fire insurance company, XXXX, to refund unused premiums. The refund process will take 15-20 working days. I will forward to OCWEN once received. Once the XX/XX/XXXX and XX/XX/XXXX payments are posted by OCWEN and insurance premium forwarded to OCWEN, the escrow impound will be up-to-date for the XX/XX/XXXX property tax payment. In regards to the escrow impound anticipated payments of {$13000.00} which is broken down to {$1100.00}, in addition to the already {$990.00} escrow payment that I have been making since the permanent loan modification approval in XX/XX/XXXX, will cause financial hardship and is not according to RESPA regulations and State and Federal laws. I was advised by Code XXXX that one year of escrow impound, per RESPA regulations, is mandatory for collections. When I researched online, according to RESPA, the cushion to be maintained is equal to XXXX ( XXXX ) of the total amount of impounds ( property taxes and fire insurance ), yet OCWEN is mandating one-year cushion. In addition, I researched the mandated impounds when closing a real estate deal according to the chart ( Attachment XXXX ) in XXXX XXXX County, where the property is. If OCWEN would have followed this required impounds according to " close of escrow '', in my case XX/XX/XXXX, then OCWEN should have only collected 4 months worth ( maximum allowed by State and Federal laws ), which equated to {$4300.00} ; not {$13000.00} spread out in one year, according to property taxes and fire insurance paid in XX/XX/XXXX. Since this was a disclosure not made by OCWEN in the initial contract prior to the permanent loan modification, collecting XXXX year worth of impounds broken down to {$1100.00} escrow in addition to the {$990.00} escrow payments for the next 12 months, considering the facts in my opinion and according to the California State and Federal laws, is breaking the law. My hired loan modification help contacted OCWEN continuously in XX/XX/XXXX regarding the additional escrow cushion and was advised by the OCWEN Representative that OCWEN made a mistake not disclosing the escrow cushion, which again, is going to cause financial hardship if OCWEN insists on collecting the $ XXXX ( equivalent to one year of escrow ). On XX/XX/XXXX, I have contacted a real estate attorney with XXXX XXXX XXXX and was advised to send a note to Office of the Controller of Currency ( consumerfinance.gov ) and XXXX. I am asking for resolution in this matter before the XX/XX/XXXX mortgage payment with the additional escrow cushion. Your time in reviewing this matter is greatly appreciated.
Company Response:
State: CA
Zip: 91915
Submitted Via: Web
Date Sent: 2015-09-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My father died on XXXX XXXX, 2015 and left XXXX mortgages in only his name on his home that he lived in with my mother. There was no estate formed before he passed and as well the new York surrogates court is still taking a very long time to appoint myself and my mother as executors so that we can proceed to hopefully loan mod the home so my mother can stay there ( as she can not afford to move elsewhere and pay increased rent ). I have now gotten a foreclosure notice from ocwen ( since my mother has lost more than 50 % of her income and can not keep up with the mortgage payments without my fathers income ) - I have called ocwen SEVERAL times asking them to hold off on foreclosure or to work with my mother and myself on a loan mod ... .they refused and told me " its not their fault that my father died without giving authorization for ocwen to speak with me first ''. This type of treatment is a total outrage ... my father is DEAD and we are simply trying to make sure that my mother has a roof over her head, does n't have to sell off our memories, and do right be ocwen by working something out that she can afford. This type of treatment is totally unethical and I demand attention to this. We may not have letters of administration from the surrogates court for 2-6 months! how can we just let the home go into foreclosure if ocwen wont speak to us in the meantime?!?!?!?!!?!?!?!!?!?!?!!?!?!?!
Company Response:
State: NY
Zip: 11793
Submitted Via: Web
Date Sent: 2015-09-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-09-21
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: The reason I am making this complaint is because I was working with my Lender Ocwen Loan Servicing to get a Loan Modification, and I was approved for a Trial Payment and after I made my first payment I was advised by my account manager that I was Denied due that I had already got modified under a Government Modification and they can not do a XXXX modification under the same program. I am not satisfied with this denial and I have proof that I was not given a Government Program the first time I modified. I am a XXXX Loan but did not get a Government Loan. Now I am getting phone calls from my Account Manager XXXX XXXX and he has been trying to collect all my default payments in XXXX large payment or else I am getting foreclosed. He placed me into this Foreclosure status because he took months to get me a resolution, got me approved, then got me denied. I want my Trial Payment approval as they offer me and to correct what ever mistake they did to my loan.
Company Response: Company chooses not to provide a public response
State: CA
Zip: 90002
Submitted Via: Web
Date Sent: 2015-09-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No