Date Received: 2015-03-27
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Ocwen financial services claims simultaneously to have a loan with me ( despite my never having done business with them or having been notified of said loan ) and to have written off said loan with the IRS in XX/XX/XXXX. Further, they continue to insert themselves in a legal case I have against XXXX XXXX XXXX company regarding my foreclosure. Ocwen has claimed in a legal deposition that they are the current holder of an unsigned original, legally executed Note. XXXX has claimed that the holder of the note is the owner of the property. However, Ocwen appears to have discharged the Note according to the IRS. This Note was discharged previously by IndyMac Mortgage Services in XX/XX/XXXX ( which Ocwen is aware of as the evidence of this was shown to them at a legal deposition ). Ocwen appears to have applied a court ordered use and occupancy payment made out to XXXX to a loan ( number XXXX XXXX which Ocwen pretends to have with me. I have received no notification that any loan was transferred to Ocwen at any time, nor could this have happened since Ocwen was not ( and does not claim ) any involvement until long after a foreclosure had already taken place on the property. Further, Ocwen did not ( according to their own testimony at deposition ) become holder of any Note or Loan through the purchase of the assets of IndyMac Mortgage Services from XXXX ( or any other entity ), rather, they claim this happened as a result of XXXX giving them an original copy of a legally executed Note where it was held in a vault from the time of foreclosure. These very facts are in dispute in a court of law at the moment and the case is pending appeal. In filing a tax for claiming to discharge a note that they did not had and had been previously discharged, Ocwen is guilty of tax fraud against the IRS. In claiming to have a loan with me and/or attached to my property, Ocwen is committing fraud. If Ocwen is claiming to have a loan with me, I was never notified of this fact as required by federal law and I dispute any such claim. By assigning a payment to a loan which does n't exist, Ocwen is committing fraud, since they simultaneously claim that they discharged the debt last year and the check was not made out to Ocwen Financial it 's parent or subsidiary or related companies which constitutes check fraud. Further, Ocwen is violating the court order for use and occupancy, which they are not entitled to since they are not part of the legal action. Further, Ocwen is clearly conspiring with XXXX and is costing me money. Finally, Ocwen was previously notified of their tax fraud by registered letter, so they are already aware ( or should be aware ) that their behavior is inappropriate and likely illegal.
Company Response:
State: MA
Zip: 01752
Submitted Via: Web
Date Sent: 2015-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-03-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: i just found out that my name was primary on mortgage loan for at XXXX XXXX XXXX, XXXX, SC with Owcen Financial Corporation that was awarded to my es wife. A Quick Claim Deed was to be record with the divorce agreement, which give her ownership of property 100 %. This property went into foreclosure this month XXXX XXXX, 2015 after being 9 months in rear. 9 months ago my ex wife purchase another property. Her Loan to Value ratio would allow her to purchase another property with debt of the first property. After talk with XXXX, i was the point of contact for first property but. I dont own the property anymore. I strong believe that my signature is on document release her from debt to purchase another property and clear her from the first property. I have made complaint with SC XXXX XXXX XXXX XXXX, I have inform the Fraud Department at Owcen and XXXX XXXX XXXX, LLC of my concern due to Quick Claim Deed not being filed, record and attach to note. There has been some Fraud in the purchase and with debt being left on me.
Company Response:
State: SC
Zip: 29169
Submitted Via: Web
Date Sent: 2015-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-03-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I received my monthly mortgage invoice for XX/XX/XXXX, which included a note stating that my monthly payment will increase from {$860.00} to {$2200.00} effective XX/XX/XXXX. It also stated a loan maturity date of XXXX XXXX. I have a variable interest loan which is currently set at 2.375 % until XX/XX/XXXX, also noted on the monthly invoice. I called my mortgage provider, OCWEN, to get an amortization schedule so that I could know what portion of my monthly payment is being applied to principal and what portion towards interest. I spoke with XXXX customer service representatives and neither could tell me this information and they both said that my file does n't have an amortization schedule. They explained that I would learn of the principal/interest application when I received my XXXX bill, but that I would not get an amortization schedule. I knew that my loan payment would convert into a principal/interest payment at this time, but the monthly payment is significantly higher than a 30-year loan with an interest rate of 2.375 %. At the very least I would like an explanation, which I am not getting either.
Company Response:
State: CA
Zip: 90068
Submitted Via: Web
Date Sent: 2015-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-03-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: On XXXX Ocwen Loan Servicing applied an " inspection fee '' in the amount of {$13.00} to my mortgage balance. This amount was added to the regular monthly statement on the XXXX statement. I phoned Ocwen on XXXX. I spoke with an agent and asked for documentation showing that I had agreed in writing to be liable for this charge. Several letters and many phone calls have been exchanged since my initial call on XXXX. To date, Ocwen has neither provided me with documentation proving that I am liable for this charge, nor have they honored my repeated requests to remove the charge from my account.
Company Response:
State: NJ
Zip: 07450
Submitted Via: Web
Date Sent: 2015-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-03-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I have been denied a modification with OCWEN XXXX times. There are numerous servicing errors and documentation regarding ownership of the loan has been misrepresented which has contributed to my denial of a modification. I also had an attorney send a Cease and Desist Letter to XXXX XXXX, repping XXXX, in reference to illegal foreclosure actions taken in violation of MGL 244 s. 35A ( b ).
Company Response:
State: MA
Zip: 02021
Submitted Via: Web
Date Sent: 2015-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-03-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: My mortgage was sold 6 times in 6 years. I was supposed to be conventional fixed, but was turned into ARM without my consent, I made a complaint already with you against XXXX mortgage companies. XXXX and Ocwen. Both are on credit scores and are incorrect. Briefly again, XXXX lied to me asked if I could make a payment of {$4000.00} XX/XX/2008. I was told this was to be applied to principal, was not applied to anything, this was my life savings, had hardship with them regarding their lie. XXXX tried to modify without remorse, but firstly, my first mortgage was {$1200.00} w XXXX, sold to XXXX went up to {$1700.00}, I complained, then it went to {$2100.00}. I complained again, they said this is last time at {$1500.00}. Afterwards, sold immediately to AHMS American Home Mortgage Services, all this time I never received welcome packets or payment stubs from any mortgage company. At XXXX time, I had no idea who was my mortgage company. XXXX, was an extreme hardship. I tried to modify several times, to no avail, I have recording of conversations, they would NOT work with me at all. Never received welcome packet or payment stubs. Sold to XXXX Bank whom turned around and sold it to Ocwen loan servicing co. for XXXX XXXX, XXXX. A loan rep, XXXX XXXX, told me I was not in foreclosure. I am XXXX due to a car accident. Ocwen told me I should do a deed-in-luei, ( referring to car accident, because of no modification I could not afford paymentso I was told ) " this will not go on your credit report '', I was told by XXXX XXXX. FEMA seized my house due to more than XXXX % substantially damaged home from Hurricane XXXX. I had flood insurance. To no avail, I have no home, I sent you the final payout document from Ocwen, I do not understand why I was not treated professionally.
Company Response:
State: NJ
Zip: 077XX
Submitted Via: Web
Date Sent: 2015-03-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-03-26
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I have a mortgage account with OCWEN INC. My account was initially with XXXX in XX/XX/XXXX and they sold soon after to OCWEN XXXX My account has been pain on time and current since XX/XX/XXXX, however OCWEN have filed a public record stating bankruptcy was dismissed in XX/XX/XXXX. This information is completely inaccurate and OCWEN refuse to correct ASAP even though I have contacted then on numerous occasions. The last person I spoke to ask me to send them a letter detailing the issue. This is affecting my credit because of this information. I have written to the XXXX credit bureaus and they are insisting the information was verified even though I get a response from them within 7 days. I am sure it takes more than 7 days to verify this information.
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2015-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-03-25
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I am currently in review for a loan modification and have a sale date scheduled on XXXX/XXXX/15. I had previously been approved for a loan modification but the paperwork was sent to the wrong address because my property has XXXX XXXX. Needless to say I never received the paperwork and now I have to start over. Now I am being told that because I have a foreclosure sale date on XXXX/XXXX/15 there is not enough time to complete the modification review. Please help get the sale postponed.
Company Response:
State: CA
Zip: 903XX
Submitted Via: Web
Date Sent: 2015-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-03-25
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Husband and I received absolute divorced in 2009. Court awarded property to me. Ex-husband and I filed separately for Chapter XXXX. Exhusband did not " reaffirm '' mortgage obligation/debt. In my bankruptcy, I did " reaffirmed '' mortgage obligation to be soley responsible. Chapter XXXX granted for XXXX. Since the bankruptcy, I have made all mortgage payments. XXXX set of documents, divorce decree, quit claim deed, and statement requesting release of lien sent to GMAC at their directive to remove ex-husband name from loan liability. Loan transferred/sold to Ocwen. I experienced a financial hardship and contacted Ocwen regarding loan modification. Shockingly, packet received with ex-husband name. I contacted Ocwen explained that husband was release from loan liability with GMAC. Ocwen asked for divorce decree and quit claim deed which was sent. Modification packet resent without ex-husband name, completed by me with only my financial information, processed by Ocwen and modified. Modification included " cancellation of debt '' reported to IRS. However, the reporting to IRS is for XXXX of us. Should be only me as the account is only in my name per Ocwen. Told could modify loan with only my information and that his name was still on loan and that I need to assume the loan. Sent in requst for assumption as directed by Ocwen with appropriate documents ( divorce decre and quit claim deed ). Received letter acknowledging receipt of docments which " transferred account from XXXX names to my name and to contact them regarding release of liability. '' Contacted Customer Care, told by agent XXXX that assumption could be requested after account has ben current for 12 months, which does not include modification period. Asked " why information was not included in letter response to request for assumption? '' No XXXX able to answer question nor was I able to speak with the " department '' that generated the correspondence. Ask for supervisor, transferred to main customer service number. After going through prompts, reached XXXX XXXX. Explained situation and told that assumption are only done for third parties and not me because my name was already on the loan. No record or knowledge of ex-husband name being on loan. Explained again that other party ( exhusband ) was release from loan with GMAC. Asked for Bankruptcy department because of question " If a divorce party files separately for bankruptcy and only XXXX reaffirm, how can they continue to hold other ( non reaffirming ) party liable when Chapter XXXX was granted? Customer Service not able to transfer call to dept because account is not in bankruptcy. Nor are they knowledgeable to answer question or have an understanding of bankruptcy. Asked for supervisor. Placed on hold for XXXX minutes. Representative finally says that supervisor is unavailable and I should schedule a call with my loan modification rep. Arrangements made for next day at XXXX. Missed call ( XXXX. ) and message left " call back, follow prompts and reschedule call. '' XXXX attempt made from Ocwen. Ex-husband has conveyed all interest in property by filing quit claim deed, filed Chapter XXXX Bankruptcy, did not " reaffirm '' mortgage loan obligations. Bankruptcy granted. Why will Ocwen not release him from liability?
Company Response:
State: MD
Zip: 20784
Submitted Via: Web
Date Sent: 2015-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2015-03-25
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: I am presently working to refinance my XXXX Mortgage and in the process it has come to my attention that my servicer ( OCWEN ) seems to employ a potentially unfair and deceptive practice when it comes to managing my escrow deposit. I was asked by the prospective lender to provide proof that the taxes were paid. I was embarrassed to learn that despite having the funds meant to pay for the taxes taken out of my escrow account on the XXXX of XXXX, the County Tax Collector has yet to receive the funds. As a result I can not substantiate that the taxes have been paid as of this writing. While the tax payment will not be delinquent until the XXXX of XXXX, I am out the funds and the taxes have not been paid. I assume the funds are sitting in the servicer 's transit account waiting to be paid and have been for at least 10 days. I phoned Ocwen this morning and spoke with the Call Center in XXXX and they informed me that the funds were sent electronically and they will research the matter. FURTHER HISTORY : Remember the funds were withdrawn from my escrow account on the XX/XX/XXXX. I spoke with the County Tax Collector today XX/XX/XXXX, and they informed me that my current payment remained due. Further, last year the County collected the tax payment from the servicer 2 days before the penalty free due date XX/XX/XXXX. Out of curiosity I traced the payment history back to the servicer statements covering my escrow account, which are available to me on the website and they show the money came out of my escrow account a full month before it was remitted to the County in XX/XX/XXXX. Presumably Ocwen saved some interest expense by taking the funds early and remitting them at the last minute.. The tax division here in XXXX County indicated that over the past few years my servicers habit has been to pay 2 to 4 days before the penalty free due date. While the servicer changed in the last couple of years from XXXX XXXX to Ocwen I can say for certain that Ocwen removes the money from my account well in advance ( 30 days ) of paying the funds to the County. This is very interesting and it appears that they have a systemic process which allows them to remove funds from the customer impairing the customer 's flexibility and taking away 30 days interest at the same time. While this may be a small amount of interest to any XXXX customer it would seem to add up to a big cost savings to Ocwen. For purposes of closing my refinance transaction it may end up that I will be delayed or have to pay the taxes out of pocket to close the transaction. I have an interest rate lock that will soon expire, and it may end up that I am forced to pay the taxes twice to preserve the substantial value of the rate lock. I was surprised to learn this, but at the same time would expect that this is a practice that is engaged in on a wide scale by many servicers.
Company Response:
State: CA
Zip: 91206
Submitted Via: Web
Date Sent: 2015-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No