Date Received: 2019-02-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This complaint is in regards to Ocwen Loan Servicing LLC predatory billing and excessive charging practices. In XX/XX/2019 I requested a pay off demand and a reinstatement demand on my loan. I received a pay off demand with a balance of {$200000.00} that was good through XX/XX/2019. And a reinstatement demand that was good through the same date at {$19000.00} for the loan and {$1900.00} for other miscellaneous amounts. I immediately sent a cashiers check for the full amount owing and it was received before the good through date and confirmed as processed by Ocwen. My next payment was not due until XX/XX/2019. So I attempted to make my payment today XX/XX/2019 and to my surprise there was a new charge to the account in the amount of {$1200.00} on top of my monthly payment. I called Ocwen and asked what the charge was for, they said attorney fees that had just come in. I asked if these attorney fees were included in the pay off demand and reinstatement demand? There answer was no. I asked for them to be removed and they refused. I then pointed out that if the loan had just been paid in full with the pay off demand provided good through XXXX/XXXX/19, then they would not be able to charge these fees. The answer was yes that's correct. The result of this action is predatory and Owcen is bulling me into paying extra because I reinstated the loan instead of paying it off. If Ocwen failed to get an accurate pay off when it was requested that is their error and negligence. Ocwen needs to be held accountable for their mistake and honor their pay off demands. Had this loan just been paid in full they would have no recourse since a pay off demand is deemed good. So why are they now charging my account more? This I feel is a standard practice of theirs and is predatory in nature.
Company Response:
State: NV
Zip: 891XX
Submitted Via: Web
Date Sent: 2019-02-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Ocwen Loan Servicing, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX. Loan # XXXX, Tax Parcel # XXXX. Has filed a claimed against a Loan in the lower courts in the State of Delaware under the name of XXXX XXXX. XXXX XXXX allegedly sold the note to Ocwen Loan Servicing, a debt collector. Ocwen Loan Servicing is refusing to help the next of kin or Transfer the Deed to the heir of the property. Thus, not allowing the Personal Representative to be able to obtain a modification and pay on the property that the family wants to keep. XXXX XXXX has hired an aggressive attorney in the State of Delaware to foreclose and Owcen is playing a lot of games. Ocwen refuses to tell the family how they obtain the loan? when did they obtain the loan? What was the balance when transferred? how much was paid on the loan when the deceased was living?
Company Response:
State: DE
Zip: 197XX
Submitted Via: Web
Date Sent: 2019-02-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/2018 my identity was stolen. As soon as I realized what happened, I reported it to Ocwen. I am also XXXX and was wrongfully terminated in XXXX and have not worked since then. I attempted on several occasions to request reasonable payment terms based on the fact that my identity was stolen and that I am XXXX. They also received a formal Charge of Discrimination in my name and my daughters who is a XXXX XXXX survivor. I escalated the issues to the Executive Leadership, Ms. XXXX XXXX, team on more than one occasion. All I asked was for them to waive any late fees and penalties and to provide me with a payment plan. I even reported everything to their security and fraud department because my credit cards ( separate complaint ) had fraudulent charges. I received a letter that I somehow benefited from the fraudulent charges when I have a permanent restraining order and police reports and me and my family have been threatened with bodily harm. I made several verbal Cease and Desist requests verbally and hired an attorney to send a written one. Instead of providing these accommodations, XXXX XXXX XXXX hired an attorney, XXXX XXXX, to harass me even further. I requested from them to provide reasonable payment terms. They refused and when I told them that their client engaged in predatory and discriminatory behavior, they responded by sending me a loan modification via express mail that had conditions that I could not refuse the package. I have been contacted by Ocwen at least 30 times via email ( online statements ), US mail, certified mail, etc. and by their attorneys at least five times. Ocwen a has reported me as delinquent to the credit reporting agencies and ruined my credit. I am now in not only a situation of severe financial hardship but recently learned that I am XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.
Company Response:
State: FL
Zip: 33076
Submitted Via: Web
Date Sent: 2019-02-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-23
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: I am being contacted by a law firm for ocwen threatening foreclosure and to sue me for attorney fees despite XXXX of debt paid into a chapter XXXX and on the advise of counsel converted to a chapter XXXX. I have asked for assistance year over year. It is clear my loan was a part of mortgage fraud and greed. Yet I am left with nothing. Ocwen did not once attempt to call me. Everyone once again trying to get my home and equity to profit of me. My home did not close the sale because ocwen stated I owed a discharged paid debt from XX/XX/2005. The closing fell through.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I would like to file a formal complaint and request assistance is resolving the issues with my mortgage company Ocwen XXXX XXXX. On XX/XX/XXXX I was forced into filing XXXX XXXX Bankruptcy in order to prevent my home for being sold at auctioned. I had previously submitted a mortgage modification package, which was denied, according to Customer Service Representative the paper work was received too late. No where within the package was there a time frame specified with the instructions regarding date of submission. I retained a professional service to assist me with the Bankruptcy and to negotiate with Ocwen. Strangely enough the same modification information package which had been deemed denied due to lateness was effectively used. I was informed by Ocwen and the professional assistance service that the modification was accepted. I was placed upon a 3 month trial payment plan for XXXX, XXXX and XX/XX/XXXX ; which I successfully completed. When I attempted to make the XX/XX/XXXX payment through Ocwen 's automated system, the system did not allow me to complete the transaction. When I spoke with a Customer Services Representative at Ocwen, I was informed that my modification had been cancelled because they did not receive final signed agreement back from me. I never received any such documentation from Ocwen via the postal service. On numerous occasions I have made numerous Ocwen representatives aware that there is difficulty receiving mail via the postal service and to please send communications via my e-mail address. I received that final signature pages via e-mail on about XX/XX/XXXX and returned it via express mail on XX/XX/XXXX. On XX/XX/XXXX I received a scheduled update call from Ocwen, I was informed that my loan modification was still under review by the Underwriting Department ; however the foreclosure procedure had been placed on hold. First time I heard of a foreclosure procedure was XX/XX/XXXX ; even though since XX/XX/XXXX I have had at least 6 conversations with various Customer Service Representatives. The representative further informed me that it could take up to XX/XX/XXXX for them to make a decision. The second issue involves cancellation of my home owner 's insurance policy due to Ocwen not paying my premium on time. I can not receive a new home owner 's policy because of the age of the roof ; I must replace the roof before I can get another policy. In the mean, Ocwen has secured only liability coverage on the property, for which I have been paying at a much greater expense than my former home owner 's policy. The third issue involves my payments. I purchased this home in XXXX ; refinanced it in XXXX or XXXX. The only option that Ocwen offered was a reduction in my interest rate, pay {$510.00} for 17 more years with a balloon of approximately {$78000.00} due at the end of 17 years. With the substantial decrease in the interest rate why is a balloon even necessary? In the past I received Court mandated compensation as a part of Class Action law suite involving Ocwen poor business practices. I think we are back at that same place again, regarding Ocwen 's business practices.
Company Response:
State: VA
Zip: 23602
Submitted Via: Web
Date Sent: 2019-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In a current an Oregon Judicial Foreclosure and a new party XXXX XXXX , XXXX XXXX, inserted themselves into the case fore which they have never communicated with me before this case, as I am requesting through the attorney of record for an address for the company as well as an agent for service of process, wherefore they have no offices in the state of Oregon and he is not forth coming with the information. The attorney claims that they are getting their information in regards to the case from another company Ocwen, yet I have never received any communications from that company either. The attorney is also claiming that the Uniform Interstat Deposition and Discovery Act is not being followed, yet if I am unaware of their location, how would I know? Case is in XXXX County Oregon Civil Case # XXXX.
Company Response:
State: OR
Zip: 974XX
Submitted Via: Web
Date Sent: 2019-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-19
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Good afternoon, I received a call from two phone numbers today. First, XXXX, stating her name as XXXX and that I was on her list for being served in the next two days. She left me a number to call back, XXXX. When I did, I spoke with someone named XXXX, XXXX, I couldn't quite understand her name. She had my full social security number, full name, and stated I owed over {$3000.00} to XXXX XXXX and that I would be served, sued, and even possible jail time in the next two days. She also mentioned that the previous call from " XXXX '' shouldn't have happened and it must be her " first day on the job as we were not supposed to hear from her, it was just supposed to be a surprise when my paperwork showed up. '' What?? Not my kind of surprise. I haven't held an account with XXXX XXXX in close to 7-10 years. I do not have any delinquent accounts with this company. When I asked her to state her name and place of business again, she claimed she worked for Ocwen? And that they barely make any money off small accounts like mine, it was mostly big real estate deals, and then she said she would see me in court and hung up. I am concerned because of the information she had about me. This is just ludicrous.
Company Response:
State: TX
Zip: 77551
Submitted Via: Web
Date Sent: 2019-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-20
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: There is some confusion about the address of the property Ocwen received in a recent lawsuit settlement. The deed of trust was signed by XXXX XXXX whom was the owner of that property. The property address is XXXX XXXX XXXX, Ms XXXX. Ocwen has sent a 1099A form to XXXX XXXX with the property address of XXXX XXXX XXXX Ms XXXX. Also the Fair Market value was incorrect. It was based on XXXX XXXX instead of XXXX XXXX XXXX, Ms XXXX.XXXX XXXX was not the owner of the property at the time it was signed over to Ocwen therefore I am not sure she is responsible for the debt of the property as indicated on the tax form. XXXX and XXXX sent XXXX XXXX certified letters threatening eviction of property owned by XXXX XXXX her husband and owner of XXXX XXXX as shown on the enclosed documents. XXXX XXXX is vacant.
Company Response:
State: MS
Zip: 386XX
Submitted Via: Web
Date Sent: 2019-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX Ocwen Loan Servicing contacted me to offer a Home Affordable Loan modification under the government program, They represented the loan would extend the term, lower the interest rate and reduce some principle. After receiving the loan modification there was no extension of the term. I was informed that the modified loan would prevent me from refinancing for 1-3 years, but I could apply for additional loan modifications to restore the original offer of extending the term which was the MOST important modification that I needed and asked for. I applied 4 times only to be denied each time. This is the first attempt for Ocwen to prevent me from refinancing. I was notified in XXXX that the loan was due and payable in full on XX/XX/XXXX and no partial payment would be accepted, so I started conversations with lenders to refinance the loan. Ocwen then contacted me in XXXX of XXXX notifying me that the next payment for XX/XX/XXXX was due. I paid the XXXX payment and it was cashed and posted to my account. Ocwen then notified me that the XX/XX/XXXX payment was due and I made that payment on time also. Ocwen then returned the XXXX payment and marked my account past due. Ocwen repeated these steps of notifying me that payments were due for XXXX, XXXX and XXXX of XXXX and then returning ALL on those on time payments that were made. I made all the payments because Ocwen sent statements asking for payments and I did not want to have any late marks on my credit. Ocwen proceeded to mark and report my account 60, and 90 days past to all the credit reporting agencies, XXXX, XXXX and XXXX. even though there was no 30 day past due reported. This effectively prevented me from refinancing the loan a Second Time.
Company Response:
State: IL
Zip: 605XX
Submitted Via: Web
Date Sent: 2019-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-02-17
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: This matter involve a fraudulent foreclosure against me by Ocwen Loan Servicing Company and XXXX XXXX XXXX. The sale of the property is scheduled on XX/XX/XXXX, so by the time this reaches CONSUMER FINANCIAL PROTECTION BUREAU, the property would have been sold. I feel the Ocwen Loan and others are providing false or misleading information to me regarding my loan. They have prepared, executed, notarized, and presented false and misleading documents, filing false and misleading documents with courts. There are rules that before anyone can commence foreclosure on a property, there must be clear evidence ( proof ) of a valid claim, that the party taking the action is a Real Party of Interest, that the party is a lawful Holder in Due Course and prove that they have lawful standing to foreclose. Under the Federal Rules of Civil Procedure Rule 17, an action must be pursued by a real party of Interest. I have ask for both Owen Loan and XXXX XXXX XXXX to verify their title of the property, I submitted evidence that they are not the owner of the title and therefore, lack subject matter jurisdiction to foreclose on my property. In XX/XX/XXXX, the Massachusetts Supreme Court issued a decision in XXXX XXXX XXXX XXXX vs. XXXX XXXX XXXX XXXX XXXX ( Mass. XX/XX/XXXX ), in which all the Justices unanimously agreed. For banks to be able to foreclose they must show a perfection of the chain of title both in the Deed of Trust/Mortgage and the Promissory Note. It was also ruled that a blank assignment was not acceptable proof of perfection of the title for the Promissory Note. I have proved with evidences that my mortgage was securitized and sold to another party away from my original lender XXXX XX/XX/XXXX. According to Financial Accounting Standards FAS-140, when XXXX XX/XX/XXXXsold my loan to a Real Estates Mortgage Investment Conduit ( REMIC ), they forever lose their ability to enforce, control or otherwise foreclose on the property. They are no longer a real party of interest. They are only servicers. This transaction ( securitization ) is registered with the Securities and Exchange Commission ( SEC ) and becomes public information. An asset declared in SEC filing is a permanent conversion ( Stock ) and there is no doubt my loan /promissory note is no more. These facts were explained to them. I also showed that this assignment ( transaction ) was not recorded at the Recorder Office of XXXX XXXX County Maryland as required by law. Nor did they notify me of the transaction. They conspired to hide this transaction and I believe that bifurcation occurred. This fraudulent act leads to a defect in the chain of title and make the Deed of Trust/Mortgage unenforceable. According to the Pooling and Servicing agreement that created the Real Estates Mortgage Investment Conduit ( REMIC ), when the original lender sells a loan into REMIC, they are required to : 1 ) deliver my promissory note to the REMIC within 90 days. This means that the lender has to endorses the promissory note using the language pay to the order of Name Party. 2 ) They have to physically deliver the note to the REMIC. 3 ) State law requires that they record this delivery with the County Recorders Office. When any part of the above is not done this leads to a defect in the chain of title. A representative of Owen Loan LLC claim that my loan belongs to XXXX XXXX as an investor. However, when the investor becomes a majority Shareholder of the traded stock, they are not holders in due course or the real party in interest. Only the true and beneficial holder in due course is the real party in interest and not the investor. Federal Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. See Matter of XXXX XXXX. XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXX Cir XX/XX/XXXX ). Unequivocally, the Courts rule is that in order to prove the " instrument '', possession is mandatory. The following courts also ruled similarly to XXXX XXXX. XXXX XXXX. XXXX : The Defendant must show they are a real party of interest to have standing to foreclose or enforce the negotiable instrument. ( XXXX XXXX, XXXX. v XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX [ XXXX Dept XXXX ] ; XXXX XXXX. XXXX. XXXX. XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX [ XXXX Dept XXXX ] ; XXXX XXXX XXXX, XXXX. v XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX [ XXXX Dept XXXX ] ; XXXX XXXX XXXX. XXXX. v XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX [ XXXX XXXX XXXX ] ). The Defendant has no foundation in law or fact to foreclose upon a property in which they have no legal or equitable interest ( XXXX XXXX XXXX, XXXX. v XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX [ XXXX Dept XXXX ] ; XXXX v XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX [ XXXX Dept XXXX ] ( XXXX XXXX XXXX. XXXX ( XXXX. Ohio XXXX ) and Illinois XXXX XXXX, XXXX. XXXX XXXX, XXXX WL XXXX ( XXXX XXXX XX/XX/XXXX, ( XXXX ). The evidence that identify that there are problems with the title is revealed in the audit investigation report. It shows step by step, each allegation of fraud and the reason the title have been bifurcated. I received the Audit Investigation report during the month of XX/XX/XXXX and I immediately provided both Owen Loan LLC and XXXX XXXX XXXX a copy. Therefore, they have been aware of my reasons for contesting their illegal actions and I also gave them the opportunity to response to all allegations and/or engage into discovery. They either response falsely or not at all. Typically, when someone is silence, they are avoiding the questions. In US v. XXXX, XXXX XXXX XXXX XXXX ( XXXX ), the court rule that silence can only be equated with Fraud where there is a Legal or Moral duty to speak or when an inquiry left unanswered would be intentionally misleading. Again, I provided them with the following evidences to support the allegations of fraud. A notarized audit investigation report. Nevertheless, Owen loan have denied that the mortgage was sold. However, they failed to challenge the validity of the notarized evidence which clearly show otherwise. Also, evidence in my complaint show that they fail to report the transaction ( securitization ) to the XXXX XXXX County Records Office and myself as required by law. They have also refused to challenge this allegation of ( fraud ) in their arguments. They is no justice if there is any degree of fraud involved. As you know, this is not the first time the Ocwen Loan Servicing has been accrued of activities involving fraud with mortgage loans. The following civil action is one of many filed against them. In the US District Court for the District of Columbia, 50 states of the United States filed a civil action jointly with the CONSUMER FINANCIAL PROTECTION BUREAU against OCWEN LOAN SERVICING , LLC, see XXXX_cfpb_complaint ocwen.pdf. The complaint was file for misconduct related to the servicing of single-family residential mortgages. I am so glad you have knowledge of the misconduct. However, somehow the State of Maryland was excluded ; Why? Under misconduct of Ocwen Loan Servicing, the following complaints were filed for fraudulent activities ; 20 ( d ) providing false or misleading information in response to borrower complaints ; 20 ( e ) providing false or misleading information to borrowers regarding loans that have been transferred from other servicers ; 20 ( p ) preparing, executing, notarizing, and presenting false and misleading documents, filing false and misleading documents with courts and government agencies, or otherwise using false or misleading documents as part of the foreclosure process ( including, but not limited to, affidavits, declarations, certifications, substitutions of trustees, and assignments ). Because of the size of the Audit Investigation Report, I have to mail CFPB a copy very soon. I ask that you would investigate my situation.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 20772
Submitted Via: Web
Date Sent: 2019-02-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A