Date Received: 2015-09-10
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have been mistreated by Ocwen Loan Servicing , LLC ( Ocwen ) consistently since XXXX 2015 with regard to payment of the outstanding loan balance to reinstate a mortgage that is in default. On XXXX/XXXX/15 I spoke to a Customer Service Representative ( CSR ) who provided me a total amount due of {$8900.00} that was required to reinstate the loan. This figure was the total due through XXXX/XXXX/15. I was instructed to overnight the certified payment to an address the CSR provided to me. I followed these instructions and have the emailed proof of delivery from the USPS that clearly shows the signature date of acceptance by Ocwen as XXXX/XXXX/15. I subsequently called about a week later to make the XXXX loan payment via their telephonic system. The system did not have the {$8900.00} payment posted to the account so I was not able to make the XXXX payment. I therefore spoke to another CSR to inquire why my payment was not posted. He indicated to me that my account was flagged for a modification so the payment could not be posted. He said to give it another few days and that everything should be fine. I ended up having to call back several times and escalate the issue to a Supervisor who listened to the previous recorded calls and reviewed the notes on the account. The Supervisor told me the receipt date of the payment was XXXX in their system even though he verified via the USPS tracking that it was received on XXXX. All attempts to correct were to no avail. After nearly XXXX days of holding my {$8900.00} without posting to the account, it was returned to me with a letter stating the funds were insufficient to reinstate the loan. I spoke to XXXX XXXX, my relationship manager in the home retention department and she also did not understand why this happened. She ultimately instructed me to make payment of {$10000.00} to reinstate the loan. This amount is valid through XXXX/XXXX/15. We agreed I would return the original cashier 's check of {$8900.00} with a XXXX cashier 's check in the amount of {$1400.00}, both of which total the {$10000.00} required to reinstate the loan. She provided a different address for me to overnight the payment which I did on XXXX/XXXX/15. I also have the USPS proof of this delivery which verifies Ocwen signed for these payments on XXXX/XXXX/15. I scheduled a follow up call with XXXX at her first available appointment which is XXXX/XXXX/15. In the meantime, on XXXX/XXXX/15 Ocwen returned the original cashier 's check in the amount of {$8900.00} to me with a letter stating the funds were insufficient to reinstate the loan. I received this letter on XXXX/XXXX/15. The {$1400.00} check was not returned with this letter. XXXX indicated to me in a call after I sent the XXXX checks in that she received a call from the cashier 's office asking if she approved the {$1400.00} to be applied to the loan. She approved it. When I received the {$8900.00} back, I called Ocwen and again had to speak with another CSR because XXXX was not available. This CSR explained on XXXX/XXXX/15 that the {$1400.00} was also going to be returned to me. We discussed the agreement made with XXXX that I would send in XXXX checks. The CSR stated to me " they '' wanted it in XXXX check. I explained this is not possible. These are cashier 's checks. No where and at no time was it stated to me in writing or otherwise, that I needed to send in XXXX check. I have NEVER experienced a company not honoring not just XXXX agreement made ( on XXXX ), but XXXX I have been through this lack of honoring agreement/instruction provided to me. I have done exactly what I was asked both times. I am now reluctant to send the checks back as I fear they will simply return them again. Please help. Thank you. XXXX XXXX XXXX ( Successor Trustee to XXXX XXXX XXXX Declaration of Trust
Company Response:
State: FL
Zip: 32137
Submitted Via: Web
Date Sent: 2015-09-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-09-09
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: After realizing that my rescission rights were still effective due to the fact that my loan has not yet been consummated under the laws of California, I sent Ocwen Loan Servicing , LLC a letter rescinding my loan on XXXX XXXX, 2015. The letter was mailed to Ocwen Loan Servicing , LLC on XXXX XXXX, 2015 and received by them on XXXX XXXX, 2015. I have attached a copy of the letter as well as the follow up Notice of Non-Compliance. I was fully prepared for Ocwen Loan Servicing LLC to file a lawsuit against me to challenge the notice of rescission, but they did not within the XXXX day statutory period provided under the Federal Truth In Lending Act. Under the Act, the creditor 's interest in the property is " automatically negated regardless of its status and whether or not it was recorded or perfected ''. Under the Act, Ocwen Loan Servicing , LLC had XXXX days from XXXX XXXX, 2015 to challenge my Notice of Rescission by filing a lawsuit against me. They have failed to take any action regarding my Notice of Rescission in any way. Because of their failure to challenge the rescission, they have forever waived any and all defenses to my rescission. Under the Act, Ocwen is now in violation of the law, and they are blatantly disregarding my loan rescission rights. As previously mentioned and attached, I have sent them a letter of non-compliance and have requested they cancel the sale date that is scheduled on my home Wednesday, XXXX XXXX, 2015 and that they forward me a release and or a reconveyance as required under the statute. I am filing this complaint to inform the CFPB that Ocwen Loan Servicing , LLC continues to ignore the law and that they are in violation of a Federal Act. Their actions are in direct violation of federal and state laws. I request the Consumer Financial Protection Bureau take some kind of disciplinary action against Ocwen for their blatant disregard for the law and for attempting to pursue a foreclosure on a deed of trust that has been canceled by operation of law. I am hoping with your interaction, Ocwen will choose to abide by the Act and take the necessary steps that is required of them by law.
Company Response:
State: CA
Zip: 91354
Submitted Via: Web
Date Sent: 2015-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-09
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I wish to file a complaint against OCWEN Mortgage for obviously stonewalling on my application to short sale my condominium located in XXXX, California. The required documentation had been filed in early XXXX 2015 by my Broker, XXXX XXXX, who obtained a buyer for my condo ; however, since then OCWEN had been trying to delay actions by asking for updates and other requirements that have already been submitted. The latest is now they are asking for a resubmittal of documentations simply because they should be brought up to date. I believe OCWEN 's actions are highly suspect, to say the least, and needs to be investigated for any violation of law regarding to short sale transactions. Thank you.
Company Response:
State: CA
Zip: 93036
Submitted Via: Web
Date Sent: 2015-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-09
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen loan servicing , LLC assumed my mortgage from homeward mortgage, and this resulted in a late payment charged to my account. I been trying to get this payment removed through them for three or more years. they have reported this to the credit bureau and effected my score.
Company Response:
State: GA
Zip: 30134
Submitted Via: Web
Date Sent: 2015-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-09
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: On Monday, XXXX XXXX, XXXX, I sent a letter in response to a Notice of Collection regarding my mortgage servicer Ocwen attorney. In said letter, I adamantly disputed the validity of the ( amount XXXX unverified but allegedly owed debt, and requested a full disbursement/breakdown of that amount. I requested that the breakdown contain the accrual of interest, late charges, insurance fees, and any other applicable charges. Additionally, I asked for a full tax disbursement dating from XXXX ( or from the inception of the loan ). The property in question had Tax Reductions since XXXX ; so I asked that the following be specifically included:1 ) Disbursement XXXX Town Tax,2 XXXX Disbursement of XXXX School Tax XXXX and3 ) Disbursement of XXXX Tax. However, all that I have received to date are Closing Documents dated XXXX XXXX and a package of statements from XXXX and XXXX a huge gap XXXX to XXXX. These do not even slightly correspond to my request, nor do they substantiate the amount allegedly owed. Therefore, I reiterate my need and legal right to see the audit trail and applicable fees that supposedly add up to that exorbitant amount. THIS DEBT IS NOT VALID WITHOUT SUCH VERIFICATION. XXXX my disputation of the validity of the debt and my request for corroborative information were timely made ( within the allowed thirty XXXX 30 XXXX day period from receipt of notice ). However, I have not been afforded due diligence and good faith in reply, as I am still waiting for evidence of the debt 's legitimacy. Moreover, I have been notified by lawyer letters on my property in XXXX Court, New York. This action was commenced by your filing Notice of Pendency in XXXX XXXX XXXX XXXX XXXX, for a Foreclosure Notice, which has be given without first proving that it has legal warrant - i.e., I have not received the requested information. Therefore, adherence to regulatory procedures as well as to the standard established by the FAIR DEBT COLLECTION PRACTICES ACT ( " FDCPA '' ) in this matter has been inadequate and short. Accordingly, the law requires that this failure to adequately respond to my request be remedied before any further adverse action is taken.
Company Response:
State: NY
Zip: 11550
Submitted Via: Web
Date Sent: 2015-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-09-09
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: In XX/XX/XXXX, I applied to Ocwen Loan Servicing for a loan modification in order to lower my 6 % mortgage rate. They refused to give me a lower interest rate, but did reduce my {$85.00} a month mortgage payment because my income went down after going on Social Security. Beginning with the " XXXX month trial period '' in XXXX, Ocwen started bombarding me with delinquency notices and threatening letters. I have made all payments and have been assured that these delinquency letters are " automatically generated '' during a loan modification and will stop once the modification is finalized. The modification was finalized XX/XX/XXXX, but the delinquency notices have ramped-up to an alarming rate. For example, during the month of XXXX I received XXXX DELINQUENCY NOTICES. See attached. Every time I call their customer service number to sort this out I get a different answer .... During my last conversation with customer rep XXXX XXXX on XXXX XXXX, she admitted that Ocwen made a mistake on the modification and it has to be redone. I do n't know how much longer I can take the harassment from this company. I feel like I am being systematically tortured and nobody in the company is able to fix the problem. Did I mention that during the month of XXXX I received XXXX delinquency notices? See attachments. Here 's what rankles me the most because it is so unequitable. They screwed up my loan modification and have put me through XXXX and they get off scot free. I was late making XXXX payment XX/XX/XXXX XXXX the XXXX and only time I have ever been late ) and my credit score dropped from XXXX to XXXX. I would be forever grateful if you could put some pressure on the company to ( 1 ) FIX THE PROBLEM, and ( 2 ) Restore my credit ratingas a good-faith gesture to re-pay me for the numerous mistakes they have made and the untold number of delinquency notices they have sent.
Company Response:
State: CA
Zip: 95472
Submitted Via: Web
Date Sent: 2015-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-09-09
Issue: Settlement process and costs
Subissue:
Consumer Complaint: Name : XXXX XXXXBusiness : Mail Address:XXXX FL XXXX Phone : Other Phone : Email Address : XXXXXXXXINTERNET COMPLAINT RECEIVED BY THE ATTORNEY GENERAL 'S OFFICE ON XXXX/XXXX/2015XXXX XXXX FL , XXXX XXXXXXXXEmail : XXXXXXXXName/Firm/Company : Ocwen Loan ServicingSubject/Category : mortgage company wo n't return money for damages to houseStreet Address : XXXX FL XXXX XXXX XXXX : XXXXXXXXDate of Transaction : XXXX/XXXX/2015Amount Paid : XXXXXXXXQuestions/Comments : I had water damage in the home at the end of XXXX. XXXX XXXX, my insurancecompany sent me check which I had to send to Ocwen to sign. They returened onecheck and have kept the remaining checks. The mortgage is under my deceasedhusbands name and they refuse to talk to me or return the money. My husband wasa veteran and I receive spousal benefits. Before he passed he got a modification through IndyMac who in turn sold themortgage to Ocwen. He also filed bankruptcy and the house was outside of thebankruptcy. The bankruptcy will be final in XXXX. I am paying the mortgageand have been prior to his death. I am without a functional kitchen and XXXX bathrooms and powder room. I need Ocwen to release the money as soon as possible. They are withholding about {$80000.00} for the needed repairs. They told me to sign the checks and send it to them which was done. They refuse to talk to me even though my name is on the deed to the property. I have an attorney and they are not responding to her. I need immediate assistances.
Company Response:
State: FL
Zip: 33177
Submitted Via: Web
Date Sent: 2015-09-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-09-09
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I paid my mortgage on XXXX/XXXX/15. My mortgage company reported me late to the credit bureaus. I contacted my mortgage company to discuss why they reported me late when I was n't and they indicated that even though I made my payment on the XXXX/XXXX/15, it was not posted to my mortgage account until XXXX/XXXX/15. The mortgage company indicated that if the payment is made after XXXX., it is posted the next day, making my payment late. I paid my mortgage online using their website and my statement indicates that payments received by XXXX local time will be applied the same day as received. I can not control when my mortgage company posts my payment to their system, however, my payment should credit my loan account the day it is received. I spoke with an account manager who said there is nothing that can be done. Per my research on the Federal Trade Commission site, " a servicer must credit payment to your loan account as of the day is it received ''
Company Response:
State: VA
Zip: 22701
Submitted Via: Web
Date Sent: 2015-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-09-09
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My complaint is in reference to the Independent Foreclosure Review paying agent - GMAC Mortgage. My mortgage had been through GMAC Mortgage but they forced me out of our house after calling it home for XXXX years. Apparently, my ex-husband wrote to the Independent Foreclosure Review and asked that the payment be " split '', so they cut him a check for 50 % of the payout. XXXX XXXX tells me they have no checks or procedures to confirm the legitimacy of the request ( XXXX XXXX, so they simply do as they 're directed - by WHOMEVER gives them direction - in this case, my ex-husband who was looking to be wrongly compensated on a property he 's had NO LEGAL rights to since vacating the property in XXXX. He has NO LEGAL RIGHT whatsoever to receive anything from the property. It was written in our Divorce Decree that the divorce documentation would serve as legal documentation should he fail to sign a quit claim deed XXXX anticipating his lack of cooperation even back then XXXX. I paid to have all documentation notorized and recorded with the XXXX XXXX XXXX office. I have contacted GMAC Mortgage XXXX who thinks I still live at the property in question ), and they will take absolutely no ownership of the foreclosure payout. I have spent months trying to get this resolved through GMAC, XXXX XXXX and even the Attorney General 's office. Since the Attorney General 's office notified me that they can not be of any help, I have tried the Office of the Comptroller of Currency, the Federal Trade Commission and now, I am trying to resolve the issue through your office. I submitted a claim ( initially ) against the Independent Foreclosure Review, but after a week XXXX, I was notified that a claim can not be filed against them ( would have been helpful to have been told this while speaking by phone with a CFPB representative XXXX. No one claims to have the knowledge or ability to resolve the situation and correct the payout, paying me what is due me. I am attaching the divorce documentation I am referencing as well as a copy of the letter sent on behalf of the Independent Foreclosure Review - by XXXX the Paying Agent. GMAC should have provided correct, up-to-date payout information to the IFR and XXXX XXXX, XXXX Their record-keeping is and was so poor, they failed to note that my ex-husband had NO LEGAL RIGHTS to the property as of 1999. When I tried to resolve this issue through them, they showed I still resided at the property they foreclosed on. They should be held accountable for wrongly processing my foreclosure and additionally, wrongfully paying someone that should not have been paid.
Company Response:
State: MI
Zip: 493XX
Submitted Via: Web
Date Sent: 2015-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-09-09
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My deceased father had a mortgage with the servicer Ocwen. I am selling the home and when I requested a payoff, I was told that it was {$100000.00}. The purchase price of the house in 1978 was only {$100000.00}. Although my father refinanced the home, I believe that Ocwen has greatly inflated the payoff amount for the home. Will you please look into the payoff for me and make sure that Ocwen is asking for the correct amount. Thank you!
Company Response:
State: TX
Zip: 75104
Submitted Via: Web
Date Sent: 2015-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes