Date Received: 2015-04-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I was approved for a Making Homes Affordable modification by old servicer XXXX Bank. Prior to my servicing rights were transferred to Ocwen Loan Servicing we experienced some financial hardships which caused us to fall once again. We reapplied for another modification and was approved for another Making Homes Affordable Loan Modification under the the tier 2 guidelines. Our modified payments were a very affordable {$1100.00} during the trial period. While making the payments as instructed we were told that Ocwen erroneously gave us another Making Homes Affordable Modification when they were not supposed to ( we received a USPS urgent letter dated XXXX XXXX, 2015 as well ) and the reason was that the Treasury had not shown that our mortgage had fallen XXXX days or more behind at the time of modification. I advised them that they could look at the last time we made our last payment and see that we were more than XXXX days past due, they advised even with that being true, that they had to cancel our very affordable modification and raise it to {$1600.00} almost {$500.00} more than what we had expected to be our new mortgage payment and the turning point in our financial merry-go-round. ( From Making Homes Affordable guidelines : You can reapply for a modification under HAMP Tier 2 after a default under HAMP Tier 1 ( even if there has been no change in your circumstances ) if XXXX months have passed and XXXX of the following is true : ( 1 ) You defaulted on the XXXX XXXX XXXX trial period plan after making XXXX or more payments. ( However, you can reapply for a HAMP XXXX modification if you never made your XXXX payment under a HAMP Tier 1 trial modification, the servicer miscalculated your income resulting in a trial plan that overstated the monthly payment by 10 %, or you did not accept the trial plan for any reason, if you can show a change of circumstances. ) ( 2 ) You fell XXXX days or more behind on your payments under a HAMP Tier XXXX permanent modification and lost good standing. ( If you lose good standing, you can not be reconsidered for a future HAMP XXXX 1 modification, but you may get a XXXX modification. ) We were clearly within the guidelines at the time of receiving the Making Homes Affordable modification which was such a significant help as the program was designed versus what they counter-offered, which only can cause more financial hardship, far from what the MHA program was designed for. Things with Ocwen only got worse as they took our payments and applied them to the new modification payment of {$1600.00} making our XXXX payment {$0.00} and our XXXX payment of XXXX due by XXXX/XXXX/2015 and the XXXX payment of {$1600.00} due by XXXX/XXXX/2015. Then sometime during the week of XXXX XXXX, 2015 I received a letter dated XXXX XXXX from Ocwen that we were not eligible for a proprietary loan modification at this time. The reason was because : You failed to make the initial trial payment within the required timeframe. Before the XXXX payment was due Ocwen had sent out a letter that we failed to make the initial payment when in there letter dated XXXX XXXX, 2015 they advised us that they were applying our previous payments to that initial payment and the XXXX payment was not due until XXXX XXXX, 2015.
Company Response:
State: FL
Zip: 326XX
Submitted Via: Web
Date Sent: 2015-04-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-23
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: This complaint relates to unresolved complaint # XXXX. The response submitted to me by Ocwen is not responsive. After spending approximately two hours on the phone with the Ocwen Ombudsman person assigned to my case, her response is still the same as when I filed the initial complaint. Her response still concludes that I am behind XXXX payment, which is precisely what my loan status was at that time. Despite confirming with her that every payment required by Ocwen of me - that being the regular principal and interest payments and repayment of outstanding escrow balance amounts - have been paid by me. The principal and interest payments due each month have been paid by me on time in the month due. The payments to repay escrow balances were fully paid by me once I became aware of the outstanding balance. There has been no outstanding escrow balance since XXXX XXXX, XXXX. After two hours spent, there was no dispute about this with her. I received a XXXX page response letter detailing Ocwen 's servicing procedures and accounting rules, which I do not care about. She concludes I am still delinquent by one month as of the date of her letter dated XXXX XXXX, XXXX. This simply can not be the case. I still need CFPB help.
Company Response:
State: NJ
Zip: 07090
Submitted Via: Web
Date Sent: 2015-04-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I was falling behind on my mortgage with Ocwen. So at about XXXX days behind, I contacted them to tell them I had lost my job and was now working for a lower wage, but I still wanted to save up money to make a payment. They told me I legally had XXXX days to make a payment. So I scrimped and saved, so as the XXXX day was approaching I found that I would get paid my last portion that I needed on the XXXX day. I called Ocwen on the XXXX day and asked them if I could submit my payment on the XXXX day. They told me that would be fine. So I wired my payment from my bank ( XXXX/XXXX/15 ). They subsequently sent it back to me on ( XXXX/XXXX/15 ) and told me that I was too late and that now I owed $ XXXX+ dollars which I did not have. Since then I have been trying to work out a modification which they denied and find myself possibly facing foreclosure. They said that never received the funds. I have proof of the wire activities via my bank. They have ignored this and are proceeding to try to take my home.
Company Response:
State: IL
Zip: 60411
Submitted Via: Web
Date Sent: 2015-04-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-23
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: My GMAC loan was transferred to OCWEN. I was approved for a HAMP modification by OCWEN but found the documents questionable. Interest and fees were added to my principal amount on the modification, unexplained, that further put me upside down, increasing my monthly payment. They tried to say I owed more trial payments even though I made the XXXX agreed payments inflating a trial mod due amount to {$4400.00} based upon XXXX trial payments. Upon questioning the amount and stating that I was not owing add'l trial payments, they have quit sending monthly statements altogether and made no further request for additional trial payment amounts. Arrears and all fees, interest due, etc. were paid in full by my Bankruptcy trustee. I have sent them many copies of proof of this. I requested explanations of modification Principal Balance, fees plus interest added and have been given several contradicting explanations and a breakdown only. They are pushing me to sign a contract where I find the amounts questionable. In the meantime, there have been no monthly statements to insure I am sending correct payment amounts on my current loan agreement ( interest only loan ) which can change due to escrow, or to show how my current payments are being applied. OCWEN is hindering my ability to pay my current payments and insure my account is in good standing until there is a resolution of the proposed modification agreement that I have not signed due to questions. I am unsure if the amount reported to the IRS by OCWEN for interest paid is correct ( interest only payments made vs. what was reported differ ). They have attached a late fee to my mortgage when I have been on time with payments. They returned a payment and claimed ignorance even though they changed the address to ( of which there are many ) send payments to. I was still able to re-send ( with my banks assistance ) my payment before the XXXX of the month deadline and their own documents show it was processed before the XXXX. There is no office to go to, only a call center in XXXX. I have sent inquiries and documents to their recommended RESEARCH Dept. by certified mail. I have received breakdowns of amounts added, but no explanations of how/why they are calculated or applied. The amount of documentation I have is so large, I would not be able to upload it all since this has been ongoing since XXXX XX/XX/2013 but I will download a good portion. I am filing a complaint with the Attorney General 's office in my state.
Company Response:
State: AZ
Zip: 85340
Submitted Via: Web
Date Sent: 2015-04-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-23
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have faxed over loan modification paperwork. Still threatening foreclosure and have not updated my online account even though the modification has been approved. All the payments have been made for the trial period. I am attaching the XXXX fax confirmations.
Company Response:
State: NC
Zip: 27263
Submitted Via: Web
Date Sent: 2015-04-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: i submitted a short sale to ocwen on XXXX-XXXX-15all financials and the package was complete they even said it was. i went through heck working with ocwen trying to get them to approve the current offer submitted to the bank, it is like they do not listen or like XXXX or something. I do not understand how they can have me foreclose because there is not enough time. question ocwen : does it take 60 days to determine that there is not enough time. maybe if you processed the paperwork in enough tie we would have more time to market the property at your ridiculously overpriced value of 110,000. my home is in XXXX. it is valued at about 50,000. please help me to get the foreclosure date postponed it is set XXXX. i do not know what to do. they are forcing me to foreclose. i live in this house lost a job have no money now i will be in the streets, this is crazy. i thought Obama had programs for me like hafa? hey ocwen did you conduct an appraisal for my HAFA application?
Company Response:
State: AZ
Zip: 85041
Submitted Via: Web
Date Sent: 2015-04-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: i submitted a shortsale package to ocwen on XXXX, this was prepared by a lawyer and absolutely flawless, it included all the documents and forms the lender department of justice required to be reviewed for a hafa shortsale. after probably XXXX hours of utter mystery ocwen today send me a letter telling me that we do not have enough time to do a shortsale. is this a joke i say. they as in ocwen use a 3rd party XXXX to list my property at auction at a price that was over XXXX of my home my house is worth about XXXX and in horrible condition bottom line unlivable, but i manage in my slum. how can they do this when they listed it for over 60 days on this auction. i was told the foreclosure would be on hold during and after this XXXX time period the auction completed and there were no offers, not urprising. this is absurd how this is happening. i live in my house i am a veteran and i am getting frclosed on when i have been trying to get a shortsale approved since XXXX. this is unfair and i am contemplating legal counsel to contact ocwens legal department. i should not foreclose and ocwen should be more attentive to their investors files. please help my foreclosure is XXXX ocwen is XXXX and in another XXXX XXXX country for crying out loud. can you have an XXXX that i can understand contact me please. no offense XXXX
Company Response:
State: AZ
Zip: 85051
Submitted Via: Web
Date Sent: 2015-04-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-04-22
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Yesterday I received notice from my bank about an overdraft. I have been XXXX since XXXX and I have to be sure each month to budget my spending. As far as I was aware my mortgage is {$720.00}, but I have been paying an extra {$20.00} a month because my home insurance went up last year around {$200.00}. My account was drafted {$760.00}. I did not receive an XXXX bill or a letter about my mortgage payment increasing ; therefore, my bank account did not cover my increase payment of the extra {$20.00}. I was charged an overdraft fee of {$38.00}. Today I called my mortgage company, OCWEN to enquire about the new mortgage amount. The OCWEN representative stated it was due to my escrow shortage. I could not believe what he was telling me. On XXXX XXXX, XXXX I received a refund check from OCWEN. I called OCWEN before I cashed the check in order to know the reason I was receiving the {$430.00} check. I was told that they had to send me a refund for the overage in my escrow account. I told them that I wanted to be sure due to the ordeal I went through with in XXXX XXXX. They had claimed my payment was late and sent me threatening letters about foreclosure procedures. I had never missed a payment, or been late on my mortgage. I complain through CFPB [ # XXXX ] & OCWEN took the late fees off & did not report a miss payment to the credit bureaus. The representative told me TODAY that I should have not cashed that check and I should send it back. They are trying to ruing my credit. I applied for a HARP loan through OCWEN and was denied because the said my nontaxable income was more than enough to pay my bills. They claimed by law they had to add 25 % to my income for qualification purposes. I do not understand how I could have a {$430.00} overage in my escrow on XXXX XXXX, XXXX and evidently XXXX weeks later, I have a {$250.00} escrow shortage. OCWEN did not send me an XXXX XXXX payment statement or a letter stating an escrow shortage..
Company Response:
State: TX
Zip: 76542
Submitted Via: Web
Date Sent: 2015-04-22
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: Failure to evaluate borrower for ALL loss mitigation options to avoid foreclosure.
Company Response:
State: SC
Zip: 29687
Submitted Via: Web
Date Sent: 2015-04-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2015-04-22
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My mortgage obtained in XXXX was with American Home Mortgage which filed bankruptcy in XXXX. In XXXX there was an assignment recorded to American Home Mortgage XXXX XXXX XXXX. According to the PSA this had to be transferred with XXXX days of the trust closing ... .It was not. Ocwen is now the servicer. I sent them a Qualified Written Request to find out who owns the loan & have been told that owner is XXXX, as Indenture Trustee for the trust. I contacted XXXX & they did n't have any information on my loan. I also contacted American Home Mortgage XXXX XXXX, trustee & they did n't have anything. Ocwen is now foreclosing & they have not provided me with the information requested. I told them to contact XXXX but they have not. I believe this is a wrongful foreclosure. I qualified XXXX with HOPE Now for a modification only to be turned down by Ocwen. I presented a short sale only to be turned down by Ocwen. This leads me to believe that they know XXXX does not have the loan & they can foreclose & make money. How can a company that is no longer in existence transfer anything? Particularly after the PSA states that it had to be within 90 days of the closing of the trust? I am supposed to have a single point of contact person at Ocwen & was provided a name but he usually is not available. I make appointments for him to call me back & either he does n't call or someone else calls. I have requested to talk with someone in the U.S. but my calls go to XXXX & they wo n't transfer me to the U.S ... .said they could n't. I call different phone numbers hoping to speak with someone in U.S. but it always goes to XXXX. I have a fraudulent assignment & other forged documents. I have given these to Ocwen but they refuse to research to find out just where my loan is. I would like to go to Ocwen & have them show me all of the documents they have if possible. I will file a lawsuit against them. They are terrible to deal with.
Company Response:
State: GA
Zip: 315XX
Submitted Via: Web
Date Sent: 2015-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No