Date Received: 2015-06-05
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: XXXX has caused me and my Family, Financial Distress and harm, XXXX, irreparable harm ( Loss of home is irreparable harm ( XXXX XXXX XXXX.v XXXX XXXX . XXXX. & XXXX XXXX XXXX XXXX ( XXXX Cir.XX/XX/XXXX : Civ Code 3387 ) by the following actions of Fraud, Deceit, Misrepresentation1 ) Unlawfully Foreclosed while transferring Loan to another servicer ( Dual Tracking violating CC2923.6 ) 2 ) I was denied a single point of contact violating CC2923.73 ) False Documentation Violating CC2924.174 ) Violating standing Requirements CC2924 ( a ) ( 6 ) 5 ) Violating FHA Loss Mitigation Rules ( 24CFR 203.500-681 ) Face to Face Meeting requirement6 ) Improper substitution of trustee ( XXXX v XXXX XXXX Cal.APP XXXX XXXX ( XX/XX/XXXX ) 7 ) ROBOSIGNING Violating CC2924.17 ( XXXX v. XXXX XXXX XXXX XXXX XXXX8 ) Backdating and Invalid assignments CC2924 ( a ) ( 6 ) 9 ) Falsely Stating XXXX was Lender, Investor, Beneficiary.
Company Response:
State: CA
Zip: 91766
Submitted Via: Web
Date Sent: 2015-06-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-06-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: We are requesting that the Consumer Finance Protection Bureau assist us in resolving a dispute with Ocwen Loan Servicing. Ocwen has unilaterally altered the terms of the mortgage note we executed in XXXX XXXX. Our efforts to resolve the matter amicably with Owen have been unsuccessful and we are therefore seeking your intervention. We have attached a letter detailing our issues along with.a copy of our mortgage note dated XXXX XXXX, XXXX, as well as the following : XXXX XXXX a copy of a letter we received from Ocwen Loan Servicing, dated XXXX XXXX, XXXX, after we requested Ocwen to correct an error concerning how our loan is to be repaid. Ocwen had recently taken over servicing of this note. XXXX XXXX a recent Ocwen notice dated XXXX XXXX, XXXX, a year later, which again does not accurately reflect the terms of the note.
Company Response:
State: VA
Zip: 22150
Submitted Via: Web
Date Sent: 2015-06-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-06-05
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: GMAC Mortgage is who I originally took a mortgage out on this on at XXXX XXXX XXXX XXXX, XXXX, Ohio. Unfortunately after several years with a down market ( I 'm XXXX ), became XXXX, and on top of everything else, my husband abandoned my family and I. I worked closely with GMAC and after several months they issued a loan modification on the property, the problem was, was that once I received the documentation, neither the interest rate, the costs associated with the loan modification, nor the monthly payment was as I was promised. I called, and called and called and emailed and sent faxes to their loan department, and loan servicing department to no avail. At one point, I was able to get into another department 's extension, and spoke with a representative who at the time, told me that my loan was one of many which was in question as to how the modification process and the loan modification itself was processed and prepared, and that someone would be getting back to me on the matter soon. After several years, no one returned a call, no one returned my emails, nor my faxes and letters, I even kept the yard work up at the home, unfortunately the home is located in a high crime community, and vandals continued to break in, stole the hvac system, the electric panel, the hotwater tank, furnace, etc., but I felt it was my responsibility to take care of the property, keeping the grass cut, weeds down, etc., because I still wanted to keep my home. on XXXX XXXX, 2015, I received a letter by regular mail that my home was going to Sheriff Sale, by another bank/owner which appears to be a group of investors? No one phoned, called or discussed any changes in the mortgage co., nor servicing, and I feel this is desperately wrong, especially since I made every attempt possible to retain my home, I even sent photos of the condition of the home by photograph to GMAC to let them know I was still taking care of the home, and that I actually on several occasions boarded up the home with the hopes to offset the further attempts by vandals to destroy the home anymore, I am just please asking is this right, that they give me a fraudulent loan modification, they apparently sale the home or servicing/mortgage, and no one ever informed me, nor contacted me until just within the past few days indicating the property was going to sheriff sale. Please advise, and may God Bless you, sincerely yours, XXXX XXXX - XXXX
Company Response:
State: OH
Zip: 43026
Submitted Via: Web
Date Sent: 2015-06-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I refinanced my 30yr fixed rate FHA mortgage in to a 15yr fixed conventional loan. My old lender Ocwen received the pay off amount on XXXX/XXXX/2015. As per HUD, The Federal Housing Administration ( FHA ) today announced that borrowers who prepay their FHA-insured mortgages will not have to make interest payments beyond the date their mortgage is paid in full. FHA 's rule, Handling Prepayments : Eliminating Post-Payment Interest Charges, applies for FHA-insured mortgages closed on or after XXXX XXXX, 2015. This rule explicitly prohibits lenders from charging borrowers post settlement interest, which is broadly defined as a " prepayment penalty '' by the Consumer Financial Protection Bureau ( CFPB ), for all FHA Single Family mortgage products and programs. Ocwen is telling me that they calculate the interest on a monthly basis not on per Diem basis as opposed to that above rule. They have charged me interest for the whole month of XXXX. Ocwen charged me {$1000.00} in extra interest payment for the XXXX days of XXXX, when HUD clearly says there is no prepayment penalty. I have written letter to Ocwen expressing my concern about the extra interest payment and they have replied me back saying that they will only calculate interest on monthly basis and denied my appeal to refund the money.
Company Response:
State: DE
Zip: 19702
Submitted Via: Web
Date Sent: 2015-06-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-05
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My name is XXXX XXXX. I was given a toxic loan [ enclosed ] on XXXX XXXX 2007, just before the collapse. This loan is about to explode leaving me and my husband homeless at our age The Servicer refuses to help us although others in our loan pool have been helped. Our loan is about to go up XXXX per month an amount we were never qualified for. The rating agency is XXXX.They have the power to make this happen. After rating all these loans triple AAA ..when they were not..We really need help..loan number XXXX ... our address XXXX XXXX..The servicer is Owcen Servicing. THey have repestedly lied and pushed us through hoops ... .thier address is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX . XXXX
Company Response:
State: CA
Zip: 90810
Submitted Via: Web
Date Sent: 2015-06-05
Company Response to Consumer: Closed
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-05
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Thank you for taking the time to review my inquiry. I am an Ocwen customer who suffered damages as a result of XXXX XXXX. My insurance co had mailed me a XXXX party check for repairs of my home. I sent the check to Ocwen, they endorsed it and mailed it back to me. I endorsed the check and deposited it in my personal bank account. I used the funds to pay my contractors as I was supposed to do. In XXXX of 2014 I attempted to make my regular monthly mortgage pymt and was not allowed to as I had been charged XXXX in " fees '' on top of my payment and was not able to make a partial pymt, The " fees '' they are referring to is the XXXX in insurance money that was never due to them, nor will it ever be due to them. I have complained multiple times and have reached out to Ocwen customer service and their research dept but have gotten nowhere. In an effort to save my home I applied for a modification which was recently approved however they still have not removed the XXXX in " fees '' and as such my payment has gone up considerably. While I am grateful for the modification offer, I can not accept it until the " fees '' are removed. I have contacted the XXXX for assistance with dealing with Ocwen as they do not operate in the XXXX and I was given this agency 's information for assistance. I thank you for your time and attention to this matter and look forward to working with you to resolve my mortgage issues.
Company Response:
State: NY
Zip: 11701
Submitted Via: Web
Date Sent: 2015-06-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: After I become sick and put on long term XXXX due to XXXX, I had to apply for a mortgage loan modification with Ocwen. I started the loan modification with in XX/XX/XXXX. I did my XXXX months trial period. At the end of XXXX I called to see what to do next because I had not heard from them concerning if I was approved for Permanent Modification. I was told to continue to make payments which I did. I paid my XXXX payment on XX/XX/XXXX. I received my payment confirmation from Ocwen. I have been back and forth with The Office of the Consumer Ombudsman for Ocwen. I was told in XX/XX/XXXX by XXXX XXXX that there was still a PAYMENT ISSUE FOR THE MONTH OF XXXX which was during the time when Ocwen were switching over from the GMAC system to their new system and that my XXXX payment was not applied correctly to my account making it seem as though I am a payment behind. I keep receiving letters telling me that the issue will be resolved, XXXX it was by XXXX, then XXXX, then XXXX, they XXXX. Got several letters in XXXX saying the same thing. No one seems to be able to resolve this PAYMENT ISSUE and I can not figure out why. On XX/XX/XXXX, I talked with the The Office of the Consumer Ombudsman for Ocwen XXXX XXXX XXXX XXXX again. She said she had been working on the issue and have not been able to GET THEM resolve it. She asked me if I could send her proof of payment. I sent her an email on XXXX XXXX, showing her proof of payment from XX/XX/XXXX thru XX/XX/XXXX. I have not heard anything back from her. I have called her and left a voice message several times asking her to please return my calls so I can see what was going on. I was assigned different relationship managers to help me on my account also but they are not able to help. I have been getting the run around since XXXX. ALL I AM TOLD IS THEY ARE STILL WORKING TO RESOLVE THE PAYMENT ISSUE. My account is still saying past due and I am current. I have made my payments on time since the modification started in XX/XX/XXXX. Today, XX/XX/XXXX I called the Consumer Ombudsman office again and talked with a XXXX XXXX and she said it was not resolved and that she was going to look into it further herself. This is crazy! Ocwen continues to send me a late notices and letters on foreclosure. The representatives tells me to ignore them. This has been very unprofessional on Ocwen 's behave. I do not know what else to do. This is very stressful and unfair to me. It will soon be a year since I started this Modification. They told me that I was approved of the permanent modification only by word of mouth but not my an official letter. My statements are showing that I am under a Forebearance Plan until the issue is resolved. My account online shows that the loan was modified but I was told that until the issue was resolved I will not receive a written statement that I was officially approved for Permanent Modification.
Company Response:
State: NC
Zip: 27909
Submitted Via: Web
Date Sent: 2015-06-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-05
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Reported to credit agency that I was late with a payment when I actually tried to make a payment. In XXXX, I made my mortgage payment through their online service when it was due. After a few days, I noticed the payment had not cleared my bank. I called Ocwen several times to ask why it had not cleared. They stated that the payment was pending. XXXX weeks later, I received notice THROUGH THE POSTAL SYSTEM, not a phone call, that the payment was not made, I was XXXX days in arrears and it was reported to the credit bureau, which affected my credit score, as well as my husband 's. I have made numerous attempts to have Ocwen remove the late charge through phone calls and letters. To this date, my credit is still not where it was and it has caused me to have limited access to funds from other institutions. I can understand their stance on this if I have a record of being continuously late, which I do not. If you look at my credit history, you will notice that I am not late on paying ANY bills. I believe that Ocwen 's tactics are unethical. My loan was sold to Ocwen, so I had no say in who would be servicing my mortgage loan. However, I feel that me and my husband have been treated unfairly.
Company Response:
State: VA
Zip: 22193
Submitted Via: Web
Date Sent: 2015-06-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-04
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: What happened? I have a previous complaint filed with your organization against Ocwen Loan Servicing LLC . The Submission # is XXXX. The complaint status button is not working so I am submitting my complaint via this site. I initially requested to close my escrow account and to make payments directly for property taxes and hazard insurance. After much delay Ocwen denied my request and gave numerous reasons by varying sources such as : ( 1 ) The property is a planned unit development ; ( 2 ) The property is an investment property ; and, ( 3 ) The property must be owner occupied. It was extremely difficult to speak to someone in their escrow department by telephone. They became more responsive once Consumer Protection Bureau got involved. Further, they are holding excessive amounts in an escrow account as they have erroneously captured the amount of hazard insurance I pay each year. They continue to hold the incorrect amount even though I have provided numerous letters with the correct amount and they have also contacted the insurance company. I have sent documentation to your organization and have attached below the correspondence between Ocwen and myself for the past 5 months. You can clearly see I requested an escrow account review due to the erroneous insurance premiums they show in their system to no avail. In the most recent response ( dated XX/XX/XXXX ), Ocwen stated, " In accordance with California Financial Cose, under Division 6 section 17000, Ocwen must not require a borrower to have an escrow account for property taxes, insurance premiums, or other payments regardless of payment history, if the property is a single-family, owner-occupied property. '' I met all of their conditions to have the escrow account closed ; however, I believe they are using this statement as some type of loop hole to surreptitiously and in bad faith deny closing my escrow account. Further, they show hazard insurance as {$1300.00} when it is only $ XXXX year and was aleady paid by me in XX/XX/XXXX and not due again to XX/XX/XXXX. This error causes them to hold an excessive amount of my money in an escrow account. Furthermore, and to add injury to insult, they say I have an escrow shortage when if they correct the issue it would be an escrow surplus. I continue to go back and forth with them to no avail, while they continue to hold excess monies in my escrow account and to circumvent their own rules and misrepresent current CA law and not close my escrow account.
Company Response:
State: CA
Zip: 91001
Submitted Via: Web
Date Sent: 2015-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-06-04
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Because we had an ARM that began to adjust to unaffordable levers and because of the economy and loss of employment ; we were forced to file chapt-XXXX. This Lender denied our application for re-affirmation. While in the middle of completing a modification application with OCWEN ; XXXX months later -we were evicted from our primary home and foreclosed on. OCWEN continued to pursue us even after the foreclosure so we filed a complaint with NC Banking Dpt. OCWEN denied having foreclosed, and even though we provided a copy of the eviction notice and " report of foreclosure sale '' along with photos of the " foreclosed '' signs hanging in windows by Sheriff : NC banking closed the case. OCWEN continued to harass us and we continuously provided them with copies of the foreclosure documents. The most perplexing part is that they foreclosed on us XXXX! The XXXX " report of foreclosure and sale '' is dated XX/XX/XXXX. Now they just foreclosed and " went to steps '' again in XX/XX/XXXX! The attorneys for the bank will not advise how they were able to foreclose twice and will not speak with us because we do not have legal representation and we are not able to locate an attorney willing to represent us.
Company Response:
State: NY
Zip: 117XX
Submitted Via: Web
Date Sent: 2015-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No