Date Received: 2019-03-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Ocwen Loan Servicing Suspended my XX/XX/XXXX Mortgage Payment, and refused to apply it toward my Account unless I sent {$77.00} additional funds to cover a shortage in Escrow. We had been disputing every Letter they sent us regarding Escrow, since Ocwen took over Servicing XX/XX/XXXX from XXXX XXXX XXXX. Their was no shortage in Escrow the balance prior to the {$77.00} was {$3300.00}. The tax amount due in XXXX, was {$2600.00}. The bottom of a letter dated XX/XX/XXXX, please note your monthly payment has changed to {$2500.00} ( From {$2400.00} > {$1900.00} interest & {$510.00} escrow previous amounts from XXXX ) effective XX/XX/XXXX further detail regarding reason for the change will be included in a separate letter. The Letter explaining the {$77.00} increase was never received, but the demand phone call was clear, send the {$77.00} or we don't apply the payment. 12 days later Ocwen Escrow Department wrote a check for {$5300.00} from my {$3400.00} balance escrow account, when only {$2600.00} was due. The other {$2600.00} due in XX/XX/XXXX. 15 days later Ocwen Escrow Department wrote a 2nd check from my - {$1900.00} escrow account this time for the correct amount {$2600.00} putting my escrow balance @ - {$4100.00}. They suspended my XX/XX/XXXX payment, and put me in Default.
Company Response:
State: CA
Zip: 92679
Submitted Via: Web
Date Sent: 2019-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-26
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am being forced to file this Complaint because Ocwen Loan Servicing, LLC, hereinafter referred to as Ocwen, refuses to abide by the Fair Debt Collection Practices Act, hereinafter referred to as the FDCPA and the California Fair Debt Collection Practices Act, hereinafter referred to as the Rosenthal Act. I took out a loan with XXXX XXXX XXXX XXXX on XX/XX/XXXX. Due to a financial hardship in the Summer of XXXX, I fell behind in my scheduled monthly payments. While in default an Assignment of Deed of Trust was executed on XX/XX/XXXX that purportedly granted all beneficial interest in the debt to XXXX XXXX XXXX XXXX XXXX. At the time this assignment was executed, the debt was contractually due for the XX/XX/XXXX payment. While still in default and due for the XX/XX/XXXX payment, the debt was purportedly transferred or assigned again to XXXX XXXX XXXX XXXX XXXX as Trustee for a Trust on XX/XX/XXXX. At that time, I had no knowledge these alleged transfers took place. On or about XX/XX/XXXX, I received a letter from Ocwen informing me that the servicing of my debt obligation was being transferred to them effective XX/XX/XXXX. At the time Ocwen purportedly acquired the mortgage servicing, the debt was contractually due for the XX/XX/XXXX payment. Over the past two years, I have learned that pursuant to the FDCPA and the Rosenthal Act, Ocwen and XXXX as Trustee are " debt collectors '' and not " creditors ''. They are attempting to collect on the debt and due to non-payment are threatening to proceed with a nonjudicial action to dispossess me from my home without the legal right or authority to do so in violation of 15 U.S.C. 1692f ( 6 ) and California Civil Code 1788.17. Despite numerous letters to them, they have failed to validate the debt and have failed to provide me with any documentation to demonstrate they have the legal ability to attempt to collect the debt, collect the debt, or enforce the power of sale contained in the deed of trust. In fact in a XX/XX/XXXX letter to me, Ocwen acknowledged that is no one single owner of the account and that XXXX does not own the account. In reading the newly published U.S. Supreme Court ruling on XXXX XXXX XXXX and XXXX, XXXX, the Court confirmed that if a consumer disputes the debt and the amount owed, a debt collector must " cease collection '' until it " obtains verification of the debt '' and mails a copy to the debtor. Verification of the debt does not mean a copy of the loan documents. Although I have taken legal action against them, they have not stopped their collection and enforcement activities. I am filing this Complaint to make the CFPB aware of their wrongful and illegal actions. The California Supreme Court has confirmed that a borrower is not entitled to pay an entity that is without the legal right and authority to collect and is enforce. In California only a creditor, or an agent of the creditor, may attempt to collect a debt or collect a debt and/or initiate and complete a foreclosure action. Based on information and belief, I believe Ocwen and XXXX are not creditors nor are they representatives of my true creditor. Falsely representing that the foreclosure documents are legal process is prohibited and misleading and is in violation of California Civil Code 1788.16. Ocwen and XXXX are engaging in acts that are causing substantial harm not only to me but to California consumers and taxpayers. They are continually attempting to collect a debt that is not due or owed to them. Immediate action must be taken to stop them from engaging in unfair competition. Their conduct is unlawful, unfair and deceptive. They are blatantly disregarding the FDCPA and the Rosenthal Act among other federal and state laws they are mandated to abide by. Ocwen and XXXX as Trustee are not exempt from abiding by these statutes and must be held accountable for their misconduct.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 91709
Submitted Via: Web
Date Sent: 2019-03-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: XXXX XXXX first refinance and XX/XX/XXXX second refi by XXXX from XXXX Texas have caused me XXXX XXXX XXXX at the age of XXXX now by XXXX my deeds after they were notarized including but not limited to Grant deeds and trust deeds and they worked in concert with the banks and insurance companies. The notary XXXX XXXX confirmed this as well. I have all proof and certified stamped documents showing the fraud by all the attorneys involved down to the officer in control of currency that uncovered XXXX XXXX XXXX fraud and fraud upon the courts. There have been 2 Civil cases first was XXXX XXXX XXXX Civil case # XXXX and the second Civil case # XXXX where we had a XXXX dollar judgment in our favor that was awarded XX/XX/XXXX against XXXX XXXX XXXX XXXX XXXX. Upon prevailing one of the attorneys got an unlawful stipulation to set aside for good cause and we lost the judgment. First lawsuit will show conflict of interest showing their attorney was handling the case which we had an attorney already and had no written concent or prior discussion with my son. Forensic report I have in possession will show Security fraud and lenders not paid ( investors wallstreet not paid ). There are more provacle forms of fraude done by the banks in concert with title and attorneys etc.
Company Response:
State: CA
Zip: 93012
Submitted Via: Web
Date Sent: 2019-04-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am having extreme difficulty with OCWEN Loan Servicing. They have continually given me false information or no information. This whole scenario started with an award from XXXX XXXX XXXX XXXX An amount of XXXX was sent to OCWEN in XX/XX/XXXX and they applied all but XXXX months payment to the principal in XX/XX/XXXX. Then in XXXX they sent it back to the XXXX and put my account in arrears, default and obliterated my credit report. After spending most of the rest of XXXX on the phone with them they finally got the funds back from the State, applied the whole amount this time toward the principal, corrected my credit reports, and removed the default fee. When I looked at my account it was correct as of the XXXX statement. However, now they seem to be playing around with the funds again as some XXXX is unaccounted for in the principal and the payments have gone up from what I thought we had agreed upon as of a conversation with their escalation manager XXXX on XX/XX/XXXX. To make matters worse they have created no less than XXXX different 1098 forms, each with a different amount of interest paid in XXXX. The first one shows an interest amount paid of XXXX. The second one shows an interest amount paid of XXXX. The third one shows an interest amount paid of XXXX, which is the closest to the reality. ( See actual payments below ). The fourth one shows an interest amount paid of XXXX. I have been trying to talk to someone in escalation to get some answers but am having no luck. Every time I get a rep they either dont know or tell me they will let escalation know. Im worried that they are manipulating funds to benefit themselves and I dont even know what all they can get away with here. Im even concerned about what the 1098s are telling the IRS. And finally, they have made so many entries on the payment history it looks like a Byzantine nightmare. Please help. Actual Payments for XXXX from bank records : XXXX XXXX XXXX XXXX XXXX XXXX Apr XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX Note : XXXX was originally paid out of the XXXX funds when received the first time. XXXX, XXXX, & XXXX payments were increased by me to start reducing principal. Ocwen later used they funds to apply to interest when XXXX funds were received from the State the XXXX time. So XXXX interest only was XXXX and I added XXXX meant to reduce principal. XXXX was XXXX and I added XXXX. And XXXX was XXXX and I added XXXX. As confusing as this is I think what I state below is what should be and matches the XXXX statement and what was also on the payment page on XX/XX/XXXX when I talked to XXXX from escalation. XXXX days later they began playing with the amounts again. Now the payment page is off by some XXXX with regard to principal balance and payment is has been kicked up to XXXX when it should be XXXX as per the XXXX statement page.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been suffering a hardship because of the loss of my income from my job that I was on for XXXX years for the XXXX XXXX XXXX. I notified my bank of the problems I was having and all they keep doing is sending me paperwork to reapply for a modification which day we will will never give I have been suffering a hardship because of the loss of my income from my job that I was on for XXXX years for the XXXX XXXX XXXX. I notified my bank of the problems I was having and all they keep doing is sending me paperwork to reapply for a modification. They will not consider me for a modification because they said it would raise my payment I have no income except for a small supplement I get each month for raising my grandchildren its {$700.00}. My husband lives on Social Security and he can only afford to pay his bills and nothing more I ask the bank if they would except {$500.00} payments because I am expecting all my backpay but they will not work with me. I also slide for Social Security XXXX which I had a hearing on XX/XX/XXXX I am currently waiting for the decision on that but I applied for that two years ago and theyre claiming that if I get approved I will get that back Pay. I am stuck in a rut at this time I have no way to make money because Im temporarily totally XXXX and I have been for the last two years I ran out of money in my savings is gone my brother was helping me but he passed away in late XXXX and I want to keep my home. I have a problem with XXXX and XXXX at this time and I just dont know what to do I need help please will somebody please help me keep my home I have nowhere to go with my XXXX children and my dogs I just have nowhere to go. Ive been in this house for the last 20 something years and I plan on paying it off one day but I just need the payments to be suspended until all this money starts coming in can someone please help me my mortgage payment doesnt seem to want to help me I dont know what to do. Another document that I turned in they claim they never got to spending my payments in XXXX of last year but Id have to have proof that I signed it and I faxed it to them because they got it to me after or close to the deadline so I faxed it to them and they are claiming they did not get it although I have a copy of it please can you please help me get some relief from this I dont wan na lose my home.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 34714
Submitted Via: Web
Date Sent: 2019-03-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-23
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I've contacted Ocwen Loan servicing regarding incorrect information in in XXXX, XXXX, XXXX, XXXX, XXXX, many times in XXXX, XXXX, and more recently on XX/XX/XXXX. I've sent receipts detailing the mortgage pay-off ( {$180000.00} ) and yet they are still reporting that I owe money in the sum of {$3300.00}. This is inaccurate and I have also provided the receipt to XXXX along with other legal artifacts demonstrating exceedingly beyond a reasonable doubt that the debt has be satisfactorily met and that any reports depicting the contrary are fraudulent claims. My concerns have been elevated to the highest level of government in the state yet these issues persist. These are deliberate attempts damage my credit worthiness and are illegal practices.
Company Response:
State: VA
Zip: 20169
Submitted Via: Web
Date Sent: 2019-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-22
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I applied to refinance my current mortgage and after lengthy negotiations with the servicing company, they told me to call the original bank which I signed the mortgage with. They are now telling me that after XXXX years of payment I will still be owing {$470000.00}. I don't understand it a nd I want some answers.
Company Response:
State: VA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-03-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-21
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Ocwen Loan Services has filed 3 corrections to XXXX regarding my XX/XX/XXXX payment. It was erroneously reported as 30 days late. XX/XX/XXXX AUD # XXXX XX/XX/XXXX AUD # XXXX XX/XX/XXXX AUD # XXXX XXXX claims Ocwen confirmed the report of 30 days late. Ocwen claims what XXXX claims is false and uses the above three AUD numbers and dates to prove they are not reporting my XX/XX/XXXX payment 30 days late.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: WI
Zip: 54902
Submitted Via: Web
Date Sent: 2019-03-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I recently submitted a new complaint, # XXXX, which XXXX XXXX, the company I am complaining about, apparently answered that this is a duplicate of a previous complaint. This is totally false. The new complaint asked the question, " Do you own the mortgage Note? " I never filed this complaint with the CFPB before. I believe that they sold the Note to a debt collector. If they say the do own the Note, in answer to my CFPB complaint, and I prove that they do not, in court, they have committed a felony, lying to the CFPB, which is punishable by up to 5 years in jail and a fine. This is a chance for them to avoid that situation by admitting that they do not presently own the Note.
Company Response:
State: NY
Zip: 127XX
Submitted Via: Web
Date Sent: 2019-03-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-03-20
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: We lost our home in the XXXX fire and it was a complete loss. We have a reverse mortgage on it with Ocwen as the mortgagor. We tried to get a hold of Ocwen to let them know what happened and find out what we needed to do to settle the issues with them. We called Ocwen gave them the details and tried to look up our account with the social security number, the home address, the telephone number xcetera and they had no record of the mortgage. We made various attempts to contact them to resolve this issue and it seems like nobody new who we should get in contact with to get this issue resolved! We ended up sending a letter which got no response. Then we sent a certified letter which did get a response we found out they got the message. In trying to get a hold of someone who knew what we should do or the process we should follow was very, very difficult. we got switched from one Department to another department and people just did not know what they were doing. After a lot of effort I finally got ahold of Ocwen 's Reverse mortgage servicing Department and a person named XXXX XXXX. Tried to let him know what was going on and the efforts we made to get ahold of someone who could help and the fact that we had been trying for months to do so. I let him know that we needed to find out how much money they had spent to acquire the reverse mortgage, all of the charges that were involved, and what we needed to pay. He gave me the amount that was due at the time of our conversation or the prior month. I let him know that we needed to have it retroactive back to XXXX when we tried to contact them because we made the effort to resolve this issue and we couldn't get a hold of anyone to do it. He said they don't have any means of going back and getting the payoff to the XXXX date. I asked him if I could speak with his supervisor and he would not give me a phone number. However, I did get an email for his overseer Mr. XXXX and sent him an email explaining what was going on and asking for his help. Because we felt that the lack of communication was on Ocwen and that we had been treated unfairly reached out to the consumer affairs Department, HUD, and the Attorney General the state of California. This is part of the process we're going through now. We also found out that there's not a whole lot of information about how to deal with people who handle reverse mortgages. Even the governmental departments don't really know what's happening with those mortgages. It's very frustrating when you have a huge company that doesn't fulfill their responsibilities and gives you the run around and are not willing to work with you. Not only have we lost everything but, now we have to spend time energy and the emotional energy ( which we really don't have ) to deal with an organization that could care less about what's happened, what's happening or how you are being affected by the devastating affects of losing everything.
Company Response:
State: CA
Zip: 954XX
Submitted Via: Web
Date Sent: 2019-03-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A