OCWEN FINANCIAL CORPORATION


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"Products" offered by OCWEN FINANCIAL CORPORATION with at least one, but usually more complaints:

Bank account or service - (CD) Certificate of deposit
Bank account or service - Checking account
Bank account or service - Other bank product/service
Bank account or service - Savings account
Checking or savings account - Checking account
Checking or savings account - Other banking product or service
Consumer Loan - Installment loan
Consumer Loan - Personal line of credit
Consumer Loan - Title loan
Consumer Loan - Vehicle lease
Consumer Loan - Vehicle loan
Credit card -
Credit card or prepaid card - General-purpose credit card or charge card
Credit card or prepaid card - Government benefit card
Credit reporting -
Credit reporting or other personal consumer reports - Credit reporting
Credit reporting, credit repair services, or other personal consumer reports - Credit repair services
Credit reporting, credit repair services, or other personal consumer reports - Credit reporting
Credit reporting, credit repair services, or other personal consumer reports - Other personal consumer report
Debt collection - Auto
Debt collection - Auto debt
Debt collection - Credit card
Debt collection - Credit card debt
Debt collection - Federal student loan debt
Debt collection - I do not know
Debt collection - Medical
Debt collection - Mortgage
Debt collection - Mortgage debt
Debt collection - Other (i.e. phone, health club, etc.)
Debt collection - Other debt
Debt collection - Private student loan debt
Debt or credit management - Mortgage modification or foreclosure avoid
Money transfer, virtual currency, or money service - Debt settlement
Money transfer, virtual currency, or money service - Domestic (US) money transfer
Money transfer, virtual currency, or money service - International money transfer
Money transfer, virtual currency, or money service - Money order
Money transfer, virtual currency, or money service - Refund anticipation check
Money transfers - Domestic (US) money transfer
Mortgage - Conventional adjustable mortgage (ARM)
Mortgage - Conventional fixed mortgage
Mortgage - Conventional home mortgage
Mortgage - FHA mortgage
Mortgage - Home equity loan or line of credit
Mortgage - Home equity loan or line of credit (HELOC)
Mortgage - Other mortgage
Mortgage - Other type of mortgage
Mortgage - Reverse mortgage
Mortgage - Second mortgage
Mortgage - USDA mortgage
Mortgage - VA mortgage
Other financial service - Refund anticipation check
Payday loan -
Payday loan, title loan, or personal loan - Installment loan
Payday loan, title loan, or personal loan - Personal line of credit
Student loan - Federal student loan servicing
Student loan - Non-federal student loan
Vehicle loan or lease - Loan

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Complaint ID: 3255328

Date Received: 2019-05-28

Issue: Problem with a credit reporting company's investigation into an existing problem

Subissue: Investigation took more than 30 days

Consumer Complaint: I had a Second Mortgage with Ocwen Home Loans. In XXXX I fell behind, not making payments in XXXX, XXXX, XXXX, XXXX., XXXX., XXXX. & XXXX. In XX/XX/XXXX I received a call from XXXX XXXX saying that the account had gone into collections. They wanted to know if I could settle the account, of course I didn't have the means. We agreed to a 2 year automatic bank draft commitment. The first payment in XXXX was for {$840.00} ; XXXX {$280.00} ; XXXX {$280.00} starting in XXXX the payments would drop to the original monthly payment of {$150.00}. After the 2 years were up, I just continued allowing the payments to be withdrawn. In XX/XX/XXXX I contacted XXXX XXXX and stopped the monthly withdrawl because I felt Ocwen didnt report the past 4 years correctly. At the beginning of XXXX Ocwen reported to the credit bureau that the loan was charged off with a date of XX/XX/XXXX, so of course it appears I havent made any payments in over 4 years and the loan was recently charged off. I filed a dispute and they removed the charge off date as well as updated the balance on the loan but they added a closed date of XX/XX/XXXX. Hasnt this loan been closed since XX/XX/XXXX? My husbands credit report looks different than mine, his shows the payments for the last 4 years. These payments were made to XXXX XXXX who supposedly doesnt report to the credit bureau. If XXXX is a part of Ocwen how could they write off the loan? I made up the 6 month delinquent payments in XX/XX/XXXX/XX/XX/XXXX/XX/XX/XXXX. I think there are a lot of unanswered questions.

Company Response:

State: LA

Zip: 70001

Submitted Via: Web

Date Sent: 2019-05-28

Company Response to Consumer: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A


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Complaint ID: 3254770

Date Received: 2019-05-27

Issue: Struggling to pay mortgage

Subissue:

Consumer Complaint: I write my complaint through the Consumer Financial Protection Bureau as a last step to see if the insanity can cease the insanity pertaining to my home foreclosure. The documents attached show that I have been active in both federal and state courts trying to justify why XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Ocwen Loan Servicing LLC can not agree to a loan modification with principal reduction. The original foreclosure dating back to XXXX was eventually set aside, but Ocwen Loan Servicing LLC refiled a new Lis Pendens XX/XX/XXXX to start an unnecessary foreclosure action all over again. I am still capable of filing a bankruptcy petition to save my home. However, Ocwen Loan Servicing LLC has refused to respond to the modification package I submitted XX/XX/XXXX. I believe that I am being highly discriminated against as a member of the XXXX Community, and I desire to have the Federal Deposit Insurance Corporation take a look at my file completely. The fact that I had a full modification package submitted before the new Lis Pendens was filed is a violation of my rights under the Fair Debt Collection Practices Act amended version of XX/XX/XXXX. Ocwen prepared a BOP in XX/XX/XXXX in preparation of a principal reduction. So why all of a sudden must I be placed in a foreclosure defense again. A copy of this complaint will be submitted to the attorney on record XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, New York XXXX ( XXXX ) XXXX.

Company Response:

State: NY

Zip: 12144

Submitted Via: Web

Date Sent: 2019-05-27

Company Response to Consumer: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A


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Complaint ID: 3252426

Date Received: 2019-05-24

Issue: False statements or representation

Subissue: Told you not to respond to a lawsuit they filed against you

Consumer Complaint: COMPLAINT AND REQUEST FOR INVESTIGATION To : Consumer Financial Protection Bureau, I write to respectfully request that this department initiate a pattern and practice investigation into whether there are systemic violations of the Constitution of Federal Laws by Ocwen Loan Servicing, LLC. GENERAL ALLEGATIONS 1. This complaint is related to a fraudulent foreclosure action filed by Ocwen Loan Servicing, LLC ( Ocwen )., against the real property ( our home ), located at : XXXX XXXX XXXX Way, XXXX FL XXXX ( The Property ). 2. As seen, Ocwen continues with its fraudulent assignments of mortgage and foreclosure action, in violation of the XXXX Consent Judgment between the Consumer Financial Protection Bureau, every state but Oklahoma, and Ocwen Loan Servicing, LLC. 3. Ocwens unlawful action has caused me and my family irreparable damages. 4. XXXX XXXX XXXX records evidence that certain mortgage ( the MOR ), which encumbered The Property, was signed by XXXX XXXX and delivered to XXXX XXXX XXXX, XXXX ( XXXX ). The MOR was recorded on XX/XX/XXXX, in Official Records Book XXXX at Page XXXX, of the XXXX XXXX XXXX XXXX XXXX, Florida. On around XX/XX/XXXX, XXXX filed for bankruptcy in the State of California. As of XXXX, XXXX went out of business. 5. ON XX/XX/XXXX an assignment of mortgage was filed in XXXX XXXX County, XXXX XXXX, page XXXX ; a copy of the assignment has been attached as Exhibit 1. 6. As seen, the MOR was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED ( MERS ), as Nominee for XXXX XXXX XXXX XXXX XXXX, to a certain assignee ( Assignee-1 ). The assignment was evidenced by XXXX XXXX, XXXX XXXX of MERS. 7. The XXXX-MOR was never assigned back from Assignee-1 to MERS. 8. On XX/XX/XXXX, a second assignment of mortgage ( OCWEN-ASSIGNMENT ) was filed in XXXX XXXX County XXXX, Book XXXX, page XXXX to indicate that, once again, MERS ( via OCWEN manufactured signors and witnesses ) conveyed its interests in the MOR to : XXXX XXXX XXXX XXXX, AS TRUSTEE, FOR THE XXXX XXXX XXXX MORTGAGE PASS-THROUGH CERTIFICATES, XXXX XXXX whose Address is c/o OCWEN Loan Servicing, LLC, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, Florida, XXXX ( ASSIGNEE-2 ). In the OCWEN-ASSIGNMENT we find : a. Assignor : MERS. b. Signor : XXXX XXXX, a known robo-signer OCWENs employee, who claims to be Assistant Secretary of MERS, assigning the Mortgage and all beneficial interest therein using MERS as a cover for XXXX XXXX XXXX XXXX, who went out of business in XXXX. 9. Copy of this second assignment of mortgage has been attached as Exhibit 2. 10. The OCWEN-ASSIGNMENT was prepared by OCWENs employee XXXX XXXX, and not by anyone at MERS, nor at XXXX. 11. OCWEN-ASSIGNMENT is not from MERS to ASSIGNEE-2, but it is an attend to conceal the self-assignment, a VOID and NULL Assignment of Mortgage, an underlying intent to defraud, based on knowledge of the false nature of the instrument. 12. On XX/XX/XXXX OCWEN filed a foreclosure action, on behalf of XXXX XXXX XXXX XXXX, AS TRUSTEE, FOR THE XXXX XXXX XXXX MORTGAGE PASS-THROUGH CERTIFICATES, XXXX XXXX ( XXXX ), with its intent to foreclose The Property. 13. After a long an expensive defense of the foreclosure action, the Property was sold in an auction on XX/XX/XXXX. 14. The false assignment of mortgage and the endorsement by XXXX XXXX, acting as Assistant Secretary of MERS, is a prima facie element for Intentional Misrepresentation and Intentional Misconduct. The false OCWENs assignment of mortgage is intended to and did infect the Florida litigation. 15. OCWEN-ASSIGNMENT was OCWENs intent to induce reliance on the misrepresentation. OCWENs intentional misrepresentation was a determining factor that prevented me and my family from succeeding in our defense of the foreclosure action. 16. OCWENs conduct was willful, deliberate, and done in bad faith. OCWEN knew that its conduct will result in a foreclosure action against the me and my family. 17. As a result of the unlawful conduct, we have been harmed by engaging in the process of a foreclosure claim, in legal fees, and by losing The Property, and damages in an amount as yet undetermined. The reliance on OCWENs misrepresentation was a substantial factor causing the harm. 18. Among other things, the effects of OCWENs unlawful action and negligence have been that me and my family expended a considerable amount of money in legal fees, effort and time in defending the OCWEN-COMPLAINT, and that The Property was sold in a foreclosure sale. XXXX XXXX IS A WELL-KNOWN ROBO-SIGNER OCWENS EMPLOYEE 19. As seen on the attached conformed copies of documents taken from the XXXX County XXXX XXXX XXXX, XXXX XXXX is a well-known robosigner, an Ocwens employee, who in some documents appears as employee of MERS and in others as employed of Ocwen, as Vice President of XXXX XXXX XXXX, etc. a. Exhibit 3. XXXX County CFN # XXXX. This document purports to assign a Mortgage from MERS as nominee for defunct XXXX, XXXX XXXX into a closed XXXX XXXX XXXX trust. XXXX XXXX signed as witness for Ocwen Loan. b. Exhibit 4, XXXX County CFN # XXXX. Signor : XXXX XXXX, as Contract XXXX for Ocwen Loan Servicing. c. Exhibit 5, XXXX County CFN # XXXX. Signor : XXXX XXXX, Assistant Secretary of MERS. d. Exhibit 6, XXXX County CFN # XXXX. Signor : XXXX XXXX, as Contract Manager for Ocwen. e. Exhibit 7 XXXX County CFN # XXXX, Signor : XXXX XXXX, signing as Contract Manager for Ocwen. 20. Upon information and belief, after entering the consent order with the Consumer Financial Protection Bureau, and every state but Oklahoma, Ocwen waited a few years to start its fraudulent foreclosure actions. 21. And, the same way Ocwen has caused irreparable damages to me and my family, it might be doing the same thing with dozens of thousands of families, especially in the State of Florida, where judges are turning a blind eye to foreclosure frauds. 22. We need the protection of the federal government and agencies. 23. An intervention of this department is necessary in the State of Florida to protect due process rights guarantee by the 5th and 14th amendment of the US Constitution. This Department is uniquely suited to conduct such an investigation, based on its experience in dozens of pattern or practice investigations in jurisdictions across the country. 24. Our case is just an example of what is happening in Florida. But it is a flagrant that Ocwen is still an active party of foreclosure frauds in Florida, in violation of the National Settlement. VERIFICATION. Under penalty of perjury, I declare that I have read the foregoing and the facts alleged therein are true and correct to the best of my knowledge and belief. CC : Ocwen Loan Servicing, LLC. XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX FL XXXX

Company Response:

State: FL

Zip: 33185

Submitted Via: Web

Date Sent: 2019-05-24

Company Response to Consumer: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A


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Complaint ID: 3251745

Date Received: 2019-05-23

Issue: Incorrect information on your report

Subissue: Old information reappears or never goes away

Consumer Complaint: Owcen mortgage continue to report information to credit bureaus past legal reporting period as per New York State.

Company Response:

State: NY

Zip: 11510

Submitted Via: Web

Date Sent: 2019-05-23

Company Response to Consumer: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A


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Complaint ID: 3250881

Date Received: 2019-05-22

Issue: Struggling to pay mortgage

Subissue:

Consumer Complaint: Borrowers Pushed into Foreclosure by Servicing Errors and Eminent Failure Scenario XXXX XXXX XXXX XXXX ( XXXX ) engaged in significant and systemic misconduct that occurred at every stage of my mortgage servicing process. XXXX violations of my mortgage put my mortgage at risk of foreclosure under Eminent Failure Scenario which would result in losing my home. Specifically, XXXX set my mortgage up for failure. Took advantage of my mortgage with servicing shortcuts and unauthorized fees : I relied upon XXXX to, among other things, treat me fairly, give accurate information, and appropriately charge for services. XXXX violated the law and my mortgage in a number of ways, including : Failing to timely and accurately apply payments made by borrowers and failing to maintain accurate account statements ; Charging unauthorized fees for default-related services ; Imposing force-placed insurance on consumers when XXXX knew or should have known that they already had adequate home-insurance coverage ; and Providing false or misleading information in response to my inquiries to save my home. Deceived me about foreclosure alternatives and improperly denied loan modifications when I was eligible and qualified : I turned to XXXX because is the servicer for the investor 's loans, as my only means of developing a plan for payment. XXXX failed to effectively assist, and in fact impeded, struggling homeowners trying to save their homes. This included : Failing to provide accurate information about loan modifications and other loss mitigation services ; Failing to properly process borrowers applications and calculate their eligibility for loan modifications ; Providing false or misleading reasons for denying loan modifications ; Losing documents when faxed a number of times to the loan representative ; XXXX did not maintain a point of contact, every time I wanted to speak to my loan representative, was referred to the collection department, different agent every time. Engaged in illegal foreclosure practices : One of the most important jobs of a mortgage servicer is managing the foreclosure process. But XXXX mishandled foreclosures and provided consumers with false information. Specifically, XXXX is accused of : Providing false or misleading information to consumers about the status of foreclosure proceedings where the borrower was in good faith actively pursuing a loss mitigation alternative by XXXX ; and Robo-signing foreclosure documents, including preparing, executing, notarizing, and filing affidavits in foreclosure proceedings with courts and government agencies without verifying the information. XXXX XXXX acquired this mortgage on XX/XX/2017, I do not have contact information.

Company Response:

State: DE

Zip: 19973

Submitted Via: Web

Date Sent: 2019-05-23

Company Response to Consumer: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A


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Complaint ID: 3250792

Date Received: 2019-05-22

Issue: Incorrect information on your report

Subissue: Account status incorrect

Consumer Complaint: I have 2 issues 1. LOAN BALANCE : the original loan balance was $ XXXX back in XXXX. In XXXX, we modified the loan, and effectuated new LOAN DOCUMENTS that re set the loan balance to {$2.00} M. We have been making the payments and our loan is now at $ XXXX plus or minus. OCWEN, our servicer, reports : HIGH LIMIT as $ XXXX and the Current Balance ( correctly ) at $ XXXX. However, this implies we are OVER THE CREDIT LIMIT since the new HIGH BALANCE after the loan mod became $ XXXX. They have repeatedly denied our requests to change and correct that. This has hurt our scores since it perpetually shows us as exceeding our credit limit. 2. Reporting us late when we are not. In XXXX, Ocwen reported us late in XXXX, XXXX and XXXX. In XXXX, XXXX, XXXX and XXXX were reported late. We made each of these payments timely, by wire, and yet they refuse to correct the record.

Company Response:

State: FL

Zip: 33143

Submitted Via: Web

Date Sent: 2019-05-22

Company Response to Consumer: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A


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Complaint ID: 3250600

Date Received: 2019-05-22

Issue: Trouble during payment process

Subissue:

Consumer Complaint: In XXXX, I was approved for a loan modification that had principal forgiveness every XXXX for 3 years. XXXX is here, and of course, no principal forgiveness as promised by Ocwen. Each and every year, I have to reach out in order to receive the principal forgiveness that was promised to me. Again, I am to receive a principal forgivenss and they did not do so. Not only that, my loan is being sold to a new lender as of XX/XX/XXXX, and I do not want to hula hoop with this.

Company Response:

State: IL

Zip: 60707

Submitted Via: Web

Date Sent: 2019-05-30

Company Response to Consumer: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A


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Complaint ID: 3250490

Date Received: 2019-05-22

Issue: Trouble during payment process

Subissue:

Consumer Complaint: I recently received notice that my mortgage was subject to foreclosure. I had been previously unaware that it was so seriously delinquent ( recently changed jobs, which caused automatic payroll deposit changes, so I lost sight of status on some accounts, and have not seen any correspondence indicating serious delinquency ). I immediately attempted to contact the mortgage servicing company to resolve the issue, and have been unable to reach them because their voice response system indicates " technical difficulties '' make it impossible to talk to an agent. I am concerned that the so-called " technical difficulties '' are actually intended to further disadvantage delinquent accountholders, by making it impossible to cure the deficiency before foreclosure actions are taken. At the very least such actions would result in additional fees, to the benefit of the servicing company and their affiliates ; at worst they would result in borrowers losing homes needlessly. This is a prime example of the need and value of regulatory oversight. Thanks for being there for us!

Company Response:

State: DC

Zip: XXXXX

Submitted Via: Web

Date Sent: 2019-05-30

Company Response to Consumer: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A


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Complaint ID: 3249649

Date Received: 2019-05-21

Issue: Struggling to pay mortgage

Subissue:

Consumer Complaint: Attempt at Chronological Order of Events in XXXX ( XXXX ) XXXX XXXX Foreclosure : 1 ) Approximately XXXX XX/XX/2013, was notified by Certified Mail from Law Firm, XXXX and XXXX in XXXX, SC that foreclosure proceedings would begin in Master In Equity ( MIE ) Courtroom on XX/XX/2013 at XXXX XXXX in the XXXX County South Carolina Courthouse to set a sale date for Foreclosure on our home at XXXX XXXX XXXX., XXXX XXXX, SC XXXX. 2 ) Contacted XXXX XXXX at XXXX XXXX XXXX firm on approximately XXXX XX/XX/2013 to assist me with ascertaining assistance on getting foreclosure proceedings stopped. 3 ) Sunday, XXXX XX/XX/2013, received Securitization Audit from XXXX to take with me to court on Monday, XXXX XX/XX/2013. 4 ) Monday, XXXX XX/XX/2013, spent the early morning hours on phone with XXXX XXXX going over how to present audit findings to the Judge and what to say. 5 ) Monday, XXXX XX/XX/2013 went to court and met opposing attorney from XXXX and XXXX XXXX XXXX. Mr. XXXX XXXX, representing XXXX XXXX 10 minutes before the court time was to begin. He went over papers to insure that I was who I said I was and also informed me that their purpose for being there that day was to set a sell date for my house and he told me the date BEFORE we even went into the courtroom to hear the case before the Judge. 6 ) Upon opening statement of Attorney for XXXX XXXX I interjected with the fact that I had never seen any of the documents he was presenting to the Judge and he immediately told me, in front of the Judge, to give him my e-mail address and he would e-mail me the documents over after he left court that day. 7 ) The Judge asked me if I had any questions or would like to address the court. I immediately asked him if I could approach and give him a copy of the Securitization AudiXXXX and he refused to allow me to bring it or show it to him. The opposing attorney wanted a copy of it and I provided it for him on the spot with a copy I had already prepared for him. 8 ) I stated exactly and verbatim of what I was schooled to say to the Judge and he simply set there, listened and then asked if there was anything else that I wanted to say. He would not look at the Audit and would not even consider anything I said was plausible whatsoever. Upon saying there was nothing else, he immediately looked to Attorney XXXX and asked him what date they wanted to have the sale and he told them XX/XX/XXXX or XX/XX/XXXX, Im not exactly sure but it was one or the other of these two dates. I was so overwhelmed that at that point it became irrelevant of the exact date I suppose. 9 ) I called and told XXXX about the reaction of the Judge and he was appalled and overwhelmed as was the Auditor that did the Audit as well. He told me to contact you to prepare a Temporary Restraining Order and an Ex-Parte Motion to get an immediate audience with the Judge again to go over the inaccuracy of the claim being made that XXXX XXXXk had jurisdiction or the legal right to foreclose on my property. 10 ) He suggested I go get every document that had been filed with the XXXX County Clerk of Court and Register of Deeds and we did so. 11 ) On Wednesday, XXXX XX/XX/2013, in addition to what XXXX said about ascertaining the documents from the Court and Register of Deeds, he asked me if I had received the e-mail from the attorney with the documents he had promised me in court in front of the Judge. I told him I had not received them yet and he suggested that I call the attorneys office, XXXX XXXX, at XXXX and XXXX to ask where my copies of all the documents provided to the Judge were, as I had not received them yet. I called them and was told by the lady that handled the requests for Attorney XXXX that I would have to send her an e-mail to their status section to get those copies. I did send the request to her at the address she gave me, XXXX. 12 ) Again, on Thursday, XXXX XX/XX/2013 I spoke with XXXX and he asked me if I had gotten the e-mail from the attorney yet and I told him no. He suggested to call them again. I did call them again and was told that I needed to send an e-mail again to the XXXX e-mail address she gave me. I sent it again and confirmed that it was received. He told me to call them every hour until I got satisfaction. 13 ) I called her again on Thursday, XXXX XX/XX/2013 approximately an hour later to ask if the request had been sent out to me. She put me on hold and came back to tell me that they could not send them out to me until it had been filed with the court. When I asked when that would be she said it would probably be sometime the following week. I told her that was ridiculous and it would be too late to question the validity of the documents before my sale date arrived. 14 ) I still had not received the e-mail on Friday, XXXX XX/XX/2013 and called the Law Firm, XXXX and XXXX, again and asked specifically for Mr. XXXX XXXX. They refused to let me speak with him and I asked to speak with his Para-Legal. I spoke with XXXX in his office and explained my frustration with not getting these requested documents and he went on to confirm that they would not send the documents to me until they were filed with the courts, which again I told him was ridiculous and out of the question. 15 ) I faxed all the documents that were received from the XXXX County Clerks office and the Register of Deeds to XXXX on Friday, XX/XX/2013. There were a total of 82 pages sent to him and he said he would review them and get back to me. SUMMARY AND CONCLUSION In preparation for this narrative summary, the auditor has thoroughly reviewed each document submitted for review. Above is the verified timeline that applies to this Loan. In addition, information from other sources has been researched and included as deemed appropriate. Although not expressly stated in the Client Intake Sheet, it is assumed that the purpose of the Borrowers engagement of this review is to determine whether the foreclosing party has legal standing to sell the property ; and, if not, whether information ascertained in conjunction with this audit might assist in either 1 ) further delay and/or 2 ) prevent outright the foreclosure of the property. It should be noted that the primary document for review in an audit is the Promissory Note. We have not been provided with a copy of the Note, particularly a Certified True and Correct Copy of the Original executed Note. It should be noted that the Borrowers have twice specifically requested a copy of the Note from XXXX and twice have received copies of the entire document set without a Note. No explanation has been provided as to whyXXXXXXXX can not produce a Note. We reviewed an Allonge to a Note, Executed by /stamp signature/ XXXX XXXX XXXX , Vice President. For XXXX XXXX XXXX XXXX, XXXX, Pay to the Order of [ blank ] Without Recourse XXXX XXXX XXXX XXXX, XXXX. We reviewed XXXX XXXX XXXX Investor Reporting System ; however XXXX XXXX does not show that is acting as a Trustee for a XXXX XXXX Mortgage Loan Asset-Backed Certificates, XXXX XXXX XXXX. The Trust Investor Reporting site lists all active securities whether they were publicly issued through the SEC or were private placements. The only We did find information that XXXX XXXX is the Trustee of a XXXX XXXX XXXX XXXX XXXX. We do not know who the Trustee ( legal owner ) of the XXXX, XXXX or the XXXX XXXX would be, if the Trusts still legally exist and have not been collapsed. It does appear from reviewing Federal Court records, that XXXX was the Trustee for the XXXX XXXX Mortgage Loan Asset-Backed Certificates, XXXX XXXX per XXXX v. XXXX US District Court - Texas Case XXXX. Based on the fact that we have not been presented with the Note or the opportunity to view the Note as required under the Uniform Commercial Code and the fact that the foreclosing party has not asserted that the Note has been lost providing a proper Lost Note Affidavit, we can not see that they have standing to foreclose. We do not see that we have a valid Note, Note Endorsement and no valid Assignment of the Mortgage. The unexecuted and unrecorded document provided does not list a valid or complete trust name. We do not believe that a correct, valid and existing trust has been identified, and are fairly certain that XXXX XXXX has no standing to foreclose on this property. If it is determined that the Note and Deed of Trust are held by different entities, the loan would be considered bifurcated*, and the security instrument would no longer have the validity to foreclose on the property. Bifurcation : In XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX. XXXX XXXX XXXX ), the United States Supreme Court stated, The note and mortgage are inseparable ; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while assignment of the latter alone is a nullity. The obligation can exist with or without security but a security interest can not without the underlying existing obligation ... so if all you get is the mortgage and not the note, that's pretty much worthless, or you have a Note without collateral. Sincerely, XXXX XXXX Compliance & Audit Manager XXXX XXXX XXXX XXXX T : XXXX C : XXXX F : XXXX XXXX : XXXX W : XXXX M : XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, WY XXXX " Research is creating new knowledge. '' XXXX XXXX

Company Response:

State: SC

Zip: 295XX

Submitted Via: Web

Date Sent: 2019-05-29

Company Response to Consumer: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A


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Complaint ID: 3248825

Date Received: 2019-05-21

Issue: Struggling to pay mortgage

Subissue:

Consumer Complaint: We got off track with our mortgage payments in 2016 and had to file bankruptcy. The attorney worked with Ocwen to get our payments back on track and start a Modification on the loan with Ocwen. We went through that process and got back on track, the whole time making payments. Ocwen never applied any of the payments to anything and then they told us that because they were not the full payment that the money was in a suspense account which we never were told and never saw. One lady even said that once our modification had been completed they would apply the suspense account to our mortgage. Well you know that never happened and we are still making all of our payments on time and still have no clue where this money went. I've emailed the company on several occasions and still have not received any reply.

Company Response:

State: TX

Zip: 75115

Submitted Via: Web

Date Sent: 2019-05-21

Company Response to Consumer: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A


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