{"took":67,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":5,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"1763627","_score":18.228127,"_source":{"product":"Mortgage","complaint_what_happened":"In XXXX, I requested American Home Mortgage Servicing , Inc. to provide evidence that they had the right to foreclose on our primary residence. I received a letter from XXXX XXXX, Loan Administration Research Specialist, on XXXX/XXXX/XXXX. Per my request, she included a copy of the executed Note and Deed of Trust from the closing of our loan. She also stated the owner and Note holder for the loan is Option One Mortgage Loan Trust. The documents provided by XXXX XXXX did not include an allonge or any assignments or transfers of our Note or Deed of Trust to a securitized trust. We did a title search in XXXX XXXX. The title search revealed that our original lender, Option One Mortgage Corporation, was in XXXX lien position. \nIn XXXX XXXX, XXXX f/k/a Option One Mortgage Corporation filed a fraudulent assignment of Deed of Trust in XXXX XXXX. XXXX XXXX retroactively attached our mortgage to a securitized trust that was closed and sold to investors 5 years earlier, the bank violated a Texas law that prohibits fraudulent real estate filings. \nDeclaration from President of XXXX XXXX XXXX from XXXX states that XXXX XXXX XXXX is no longer engaged in the servicing of residential mortgage loans. XXXX XXXX has no servicing rights and does not own any residential real estate mortgages. \nAffidavit from XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, states that XXXX XXXX, person who signed the Assignment of Deed of Trust, is a listed on XXXX Property Analytics Approved Robo-signers list. \nOOMLT XXXX was contractually closed from conducting business after the closing date of XXXX/XXXX/XXXX. Any attempt to assign the subject loan to the trust after the cut-off date would be in direct contravention of the laws governing the Trust ( PSA ) and thus rendering the fraudulent assignment of deed of trust filed in XXXX XXXX in the XXXX XXXX XXXX XXXX office void. \nWe filed a lawsuit against AHMSI in XXXX XXXX. Discovery with AHMSI revealed troubling discrepancies including but not limited to the authenticity of the loan documents, the transfer of ownership of the loan, the alleged inclusion of the loan into the securitized trust, the limitations imposed by the securitized trust, and payments made on the loan. During discovery, AHMSI 's attorney produced an exhibit on XXXX/XXXX/XXXX that was to be a true and correct copy of the Note and Deed of Trust that was executed on XXXX/XXXX/XXXX that relates to our Loan and Property. We could not admit that this exhibit was a true and exact copy of the Note and Deed of Trust that was executed on XXXX/XXXX/XXXX because the exhibit included a blank allonge that was not present during our closing. \nThen on XXXX/XXXX/XXXX, their attorney claims to have the original wet ink promissory note. At this time, they have produced an allonge that is now stamped to provide a special endorsement in favor of \" XXXX, as Trustee. '' The allonge is dated the same day as our loan closing. We were able to examine the loan file a short time after. The purported allonge was not affixed to the Promissory Note and was not notarized. The allonge did not mention the securitized trust. It is unclear when the alleged allonge was changed to specially endorse the note in question to the trustee, but it does raise questions as to the veracity of the alleged special endorsement via allonge. There were also copies of XXXX assignments of deeds of trust that were not assigned to the trust. \nWe made a request to Ocwen in XXXX XXXX, to provide the collateral documents that give them the authority to foreclose on our home. Ocwen submitted the Note with the alleged stamped allonge and an assignment of lien that does not reference the Deed of Trust that was signed on XXXX/XXXX/XXXX, which is recorded in Doc # XXXX. Ocwen also claims they are unable to provide the original wet ink documents.","date_sent_to_company":"2016-01-29T10:18:48.000Z","issue":"Loan modification,collection,foreclosure","sub_product":"Other mortgage","zip_code":"78628","tags":null,"has_narrative":true,"complaint_id":"1763627","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2016-01-29T10:18:46.000Z","state":"TX","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Any attempt to assign the subject loan to the trust after the cut-off date would be in direct contravention of the laws governing the Trust ( PSA ) and thus rendering the fraudulent assignment of deed of trust filed in <em>XXXX</em> <em>XXXX</em> in the <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> <em>XXXX</em> office void. \nWe filed a <em>lawsuit</em> <em>against</em> <em>AHMSI</em> in <em>XXXX</em> <em>XXXX</em>."]},"sort":[18.228127,"1763627"]},{"_index":"complaint-public-v1","_id":"1348771","_score":12.796481,"_source":{"product":"Mortgage","complaint_what_happened":"I decided to buy a home in XXXX XXXX. By XXXX XXXX, XXXX, I was signing my XXXX mortgage paperwork. I had requested to SC XXXX XXXX ( who sold me the house ) that my payment not be over {$600.00} but it was {$800.00} w/a promise that I could reduce that after a year. A year later I find out I have a balloon payment. I filed bankruptcy. I paid that off in 9 months. My mortgage kept going up. I applied for and was put on a HAMP. My insurance went up after XXXX claim. I got a new insurance carrier. My mortgage payments continued to go up. I tried desperately to work with OCWEN who has my loan but to no avail. They have charges on my account they wo n't explain. I have asked why my mortgage keeps going up. They said rates go up and escrow is short. My insurance premium was less than {$1000.00} & is now {$2600.00} a year. Coverage is {$240000.00}. My house is worth less than {$69000.00}. My payoff on my mortgage is {$65000.00}. I have requested, since XXXX XXXX, to speak to my \" relationship manager '' but keep being told they are busy and not able to assist me. I submitted paperwork, XXXX XXXX, XXXX, for a Short-Sale because I do n't know what else to do. But now they are saying the process will take several days which means I will go right into foreclosure. The realtor I have for the short-sale talked to them right after I did and was told I CALLED AND REQUESTED TO CHANGE MY APPOINTMENT! I then told her how they have told me several times they have no record of me calling! I went online and found out they have several lawsuits filed against them for the very things I am complaining about. I contacted my states attorney general 's office and they told me to file a complaint. My home loan started with XXXX, then Homeward, then AHMSI, and now with Ocwen. Ideally I want to keep my home. I have lived here almost 9 years. But realistically I can not afford to stay here as long as my payments keep going up. In the meantime a short 3 weeks after I moved in the bathroom tiles started falling off ; noticed the air did not work upstairs nor in the XXXX bedrooms ; nails coming up through the carpeting ; was supposed to repair siding and XXXX windows and remove metal spikes but did not! They sent to property managers ( XXXX came XXXX ) who promised to fix things but they did not follow through. To top it all off : The agency I work for has not given me a cost of living raise in 5 years. So while all my necessities go up my pay does not to the point my pay has dwindled due to health insurance and taxes going up! Is there a complaint again SC XXXX XXXX? Is there a complaint against the insurance company XXXX/XXXX? \nI need help please and thank you. I appreciate your time!","date_sent_to_company":"2015-04-30T15:09:49.000Z","issue":"Loan servicing, payments, escrow account","sub_product":"Other mortgage","zip_code":"64052","tags":null,"has_narrative":true,"complaint_id":"1348771","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2015-04-27T19:38:44.000Z","state":"MO","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I went online and found out they have several <em>lawsuits</em> filed <em>against</em> them for the very things I am complaining about. I contacted my states attorney general 's office and they told me to file a complaint. My home loan started with <em>XXXX</em>, then Homeward, then <em>AHMSI</em>, and now with Ocwen. Ideally I want to keep my home. I have lived here almost 9 years. But realistically I can not afford to stay here as long as my payments keep going up."]},"sort":[12.796481,"1348771"]},{"_index":"complaint-public-v1","_id":"2464805","_score":11.877508,"_source":{"product":"Mortgage","complaint_what_happened":"in  XXXX  we refinanced our property with   XXXX   XXXX   apparently they were a little broker firm dow n the street we a ctually were setup to sign with   XXXX   XXXX   coming from   XXXX   same little broker down  the street  came a year after the first refinance, the loan was a  XXXX  loan at 30 year fixed we paid all the payments on time to various loan servicers throughout the loan, in  XXXX  ahmsi american home mortgage made massive mistakes in accounting we should have never been in foreclosure, they refused the payments ultimately  at one point and r efused to take any more payments insisting we had not paid one, in  XXXX  we filed a federal lawsuit with ah msi and   XXXX   and   XXXX  power default resolution, the assignments of mortgages were filed with   XXXX   XXXX   XXXX   XXXX   which is the same signature as the foreclosing trustee  XXXX   XXXX ,  XXXX  they are supposedly the newest trustees working for ocwen, in  XXXX  before ocwen started servicing the loan ahmsi had changed their name to homeward residential our payments were refused in  XXXX   XXXX  in  XXXX   XXXX  we borrowed a hard money loan to pay the payments they claimed we had not paid but were again paying the demanded amount over again the quote was for  XXXX  on  XXXX  the same day we got the faxed quote we went to out bank as instructed by power default services homewards subbed in trustee s and  sent same day air fed ex a cashiers check for  XXXX  after i came home from sending that payment out i did n't know if it counted for  XXXX   XXXX  so i wrote a check to homeward in the amount of  XXXX  a regular mortgage payment including late fees, they at that time transferred the loan to ocwen loan servicing, still no money was placed against the loan balance and it definitely did not reinstate our loan in  XXXX  i received the  XXXX   XXXX  payment in the mail saying the excuse they no longer serviced the loan and returned my check, during the last 3 years after everyday making complaints with them, you and every other state local office bureau and attorney general, comp of currency sec, fdic federal trade office of thrift super and the list goes on bbb doj doc, consumers affairs i got nowhere our money had been stolen over 300,000.00 in actual payments had been paid yet the house remained in foreclosure, they took the house at trustee sale which is again robo signed and the same signature as the notary and sales assistant at  XXXX   XXXX , my husband has since died and we struggled to save his life during this time he was   XXXX   XXXX   XXXX   XXXX   XXXX   XXXX   XXXX   for three years being   XXXX   XXXX   XXXX   XXXX  , and still fighting to get some resolution feeling totally ripped off ocwen has tacked on  XXXX  in foreclosure costs and property inspections, as well as we were charged for property maintainence fees when they didnt do any maintainence on the property, it was like totally amazing i couldnt get my point across i have numerous complaints with your company since you opened, still the same complaint except nothing entirely got looked at, any response was bogus and untrue, when the foreclosure sale happened we were not made aware of it actually i wasnt made aware of it they foreclosed when they found out my husband had died not two weeks later. no notices were served as to a date or time of sale or where, i ran a title search and found out weeks later of the sale, and when the eviction came they served a lady who answered the door who took the paperwork on my husbands behalf and did n't tell us until they filed for default from no response, i hired a lawyer to sue for wrongful foreclosure and to fight the unlawful detainer cause we 've owned the property since  XXXX  and have a machine shop in the rear portion of the property that i have almost killed myself trying to move it out before we get kicked out, in fear they would seize my personal belongings and all our equipment or my dead husbands   XXXX   XXXX   XXXX   and construction machinery, frantic about it i filed this lawsuit and since the foreclosure the sham attorney has charged me almost  XXXX  in fees  and  is demanding an nother  XXXX  this month im going broke and my borrowed money to save the property is balloon payment is due this year in  XXXX  of  XXXX  i am now faced with the loss of that property because the money was stolen by homeward  and o cwen. ocwen has sent me a statement that shows they tacked on  XXXX  in unpaid interest this amount is so incorrect  XXXX  in back escrow amounts and i paid the insurance but they charged me for it anyways, they came to the attorney i retained with a settlement offer pending i retract my complaint with your company, its total blackmail saying if i dont take back my complaint from you my offer in settlement wo n't look so good, today i got the offer they proposed and its far from my original  XXXX  loan amount now the offer is im to pay  XXXX  principal and interest ( ( get it interest on the unpaid interest ) ) monthly payments of  XXXX  which is far more than the normal payment of  XXXX  not including late fees and at the end of my 30 year fixed rate of  XXXX  im to pay a balloon payment of  XXXX  and they will not finance that for me so my loan refinance ha s turned into well overt 1.5     million dol lars at the end of a 30 year duration this is so way beyond forgiving some principal they are liars and fraudulent now blackmailing me to withdrawl my complaints to reach some kind of offer, and because i did n't do  it and  retract the complaint that was my  XXXX  off blackmail and now here 's another complaint. fraud and forgery is continuing within the ocwen company still after all the lawsuits and filings of bogus paperwork fabricated within their business and still california or any state regulator tu rns a blind eye and a dea f ear to this happening why is this happening and why are you letting them get away with it? it is unbelievable. so here 's another complaint for ocwen to not choke on actually how many complaints come from people pertaining to forgery and theft and predatory blackmail before you close them down i guess it does n't matter i certainly have lost all faith in justice  and our california government doing anything about it is it you people get kick backs from this company that you would let it continue to harm california neighborhoods and kick people on the street making hard earned dollars get stolen and fraudulent paperwork go by the wayside to help the ocwen family out after all   XXXX   XXXX    still owns 100 % stock shares in ocwen as does his brother who operates in florida,  XXXX  now just owns 100 % of  XXXX  which is the management company of all the stolen   houses  and he owns the  XXXX  website that sells them and the t rustees  XXXX   XXXX  is also owned 100 % by   XXXX   XXXX   how are you people lettin this theft and fraud to continue.?? more questions that will never be answered another stupid complaint cause i wanted to tell the story again can you even imagine","date_sent_to_company":"2017-04-25T16:25:33.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"XXXXX","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"2464805","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2017-04-24T17:43:59.000Z","state":"CA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":[", they refused the payments ultimately  at one point and r efused to take any more payments insisting we had not paid one, in  <em>XXXX</em>  we filed a federal <em>lawsuit</em> with ah msi and   <em>XXXX</em>   and   <em>XXXX</em>  power default resolution, the assignments of mortgages were filed with   <em>XXXX</em>   <em>XXXX</em>   <em>XXXX</em>   <em>XXXX</em>   which is the same signature as the foreclosing trustee  <em>XXXX</em>   <em>XXXX</em> ,  <em>XXXX</em>  they are supposedly the newest trustees working for ocwen, in  <em>XXXX</em>  before ocwen started servicing the loan <em>ahmsi</em> had changed"]},"sort":[11.877508,"2464805"]},{"_index":"complaint-public-v1","_id":"8470500","_score":9.079708,"_source":{"product":"Mortgage","complaint_what_happened":"To Whom It May Concern, I am writing to formally file a complaint and lawsuit against XXXX XXXXXXXX/PHH Mortgage Service , the current servicer of my mortgage loan # XXXX. My complaint is based on the predatory lending, dual tracking, real estate law violations, and fraud that your company has committed against me and my family. \n\nDespite my repeated attempts to work with your company to save my home and provide a secure environment for my family, I have encountered numerous obstacles and have been subjected to harassment and unethical practices. Your company has repeatedly sent brokers and individuals to my home who have acted in a dishonest and intimidating manner, creating a hostile and unsafe living environment for my family. Your company has offered a meager sum of {$5000.00} through a \" cash for keys '' scheme, which is an insultingly low amount considering the value and significance of our home. \n\nFurthermore, your company 's continuous harassment of my family and specifically targeting my XXXX mother, who is XXXX years old, by informing her that the property is in foreclosure and will be sold at auction, is both unethical and predatory. It is unacceptable that you would try to manipulate and exploit vulnerable individuals, especially when there are a veteran and an active service member residing in the home. This behavior demonstrates a lack of respect for those who have served our country and highlights your disregard for the sacrifices made by military personnel and their families. \n\nI have been diligently attempting to negotiate with your company for the past three years, urging you to consider alternatives to a foreclosure sale, but your only response has been to insist on a sale through auction, completely disregarding the fraudulent nature of the original loan. I have consistently disputed the integrity of this loan but have been met with intentional obfuscation and changes in lenders and services to prevent me from pursuing this line of questioning. \n\nNow that our loan has been transferred to XXXX XXXX, I implore you to cease the sale immediately and rescind the Notice of Default filed in XX/XX/2023. I beseech you to offer us a modification that will not only reduce the overinflated loan balance but also ensure that our monthly payments do not exceed {$2000.00}. This modification would provide a lifeline for my family, allowing us to keep our home and gain some much-needed stability in our lives. \n\nYour company 's refusal to provide a fair and reasonable loan modification that aligns with the current market values and my financial capabilities is a clear indication of your intention to continue engaging in predatory lending practices. The loan, commonly known as a negative amortization loan or interest-only loan, was not sustainable or affordable. The exorbitant interest rates of over 10 % ensured that my minimum payments only covered the interest accrued, resulting in negative amortization. It is essential to understand that the inflated loan balance was not a consequence of my failure to make payments but rather a result of AHMSI, who filed for bankruptcy and is no longer a lender. Therefore, it is only ethical and reasonable to forgive me for this exaggerated amount and provide a loan modification that is commensurate with my financial capability. \n\nI assert that your company has engaged in dual tracking, a practice that undermines legitimate efforts to save homes by pursuing foreclosure while at the same time pursuing loan modification. This practice is illegal and violates the Consumer Financial Protection Bureau 's ( CFPB ) rules. Your company has also failed to comply with the Real Estate Settlement Procedures Act ( RESPA ) by not providing me with a written acknowledgment of documents received or failing to provide me with an accurate response within 5 days of receiving my Qualified Written Request/ Notice of Error ( QWR ) letters. \n\nAdditionally, I accuse your company of fraudulent practices including offering unfair and inadequate loan modification options and exploiting and manipulating vulnerable individuals for your financial gain. Intentionally obfuscating and changing lenders and services to prevent me from pursuing my questions about the fraudulent nature of the original loan and your company 's insistence on a sale through auction despite the fraudulent nature of the original loan is a clear indication of your willingness to distort the truth for your financial gain. \n\nGiven the aforementioned violations against my loan, I have no choice but to pursue legal action against XXXX XXXXPHH Mortgage Service . My complaint is based on the following causes of action : 1. Predatory Lending Practices Your company offered me a flawed loan that was not sustainable or affordable. The loan 's terms ensured that my minimum payments only covered the interest accrued, resulting in negative amortization. \n\n2. Dual Tracking Your company engaged in dual tracking, a practice that undermines legitimate efforts to save homes by pursuing foreclosure while at the same time pursuing loan modification.\n\n3. Real Estate Settlement Procedures Act ( RESPA ) Violations Your company has failed to comply with RESPA by not providing me with a written acknowledgment of documents received or failing to provide me with an accurate response within 5 days of receiving my Qualified Written Request/ Notice of Error ( QWR ) letters.\n\n4. Fraudulent Practices Your company has acted fraudulently by offering unfair and inadequate loan modification options, exploiting and manipulating vulnerable individuals for your financial gain, intentionally obfuscating and changing lenders and services to prevent me from pursuing my questions about the fraudulent nature of the original loan, and your company 's insistence on a sale through auction despite the fraudulent nature of the original loan. \n\nIn light of these violations, I demand that XXXX XXXX/PHH Mortgage Service immediately cease any attempts to foreclose on my property and rescind the Notice of Default filed in XX/XX/2023. I also demand a fair and reasonable loan modification that aligns with the current market values and my financial capabilities. \n\nI implore you to consider the severity of my complaints and take immediate action to address them. I expect a prompt response detailing the steps you will take to resolve this matter and prevent further distress to my family and me. Additionally, I request that you discontinue any attempts to foreclose on my property and offer a fair and reasonable loan modification that aligns with the current market values and my financial capabilities. \n\nFailure to respond to my concerns or provide a satisfactory resolution within a reasonable timeframe will leave me with no choice but to escalate this matter further, including but not limited to publicizing the unethical practices employed by XXXX XXXXPHH Mortgage Service and seeking redress through legal avenues. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2024-03-11T20:49:51.000Z","issue":"Struggling to pay mortgage","sub_product":"VA mortgage","zip_code":"89084","tags":"Servicemember","has_narrative":true,"complaint_id":"8470500","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2024-03-04T10:04:59.000Z","state":"NV","company_public_response":null,"sub_issue":"Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure"},"highlight":{"complaint_what_happened":["To Whom It May Concern, I am writing to formally file a complaint and <em>lawsuit</em> <em>against</em> <em>XXXX</em> XXXXXXXX/PHH Mortgage Service , the current servicer of my mortgage loan # <em>XXXX</em>. My complaint is based on the predatory lending, dual tracking, real estate law violations, and fraud that your company has committed <em>against</em> me and my family."]},"sort":[9.079708,"8470500"]},{"_index":"complaint-public-v1","_id":"2920725","_score":5.3304157,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX XXXX and its subsidiaries never ever respond to clients. They intentionally failing borrowers at every stage of the mortgage servicing process. The modification was designed to help people and Ocwen tried to defraud people by increasing the monthly payments by 1700 % This is a criminal organization that must be closed. Ocwens years of widespread errors, shortcuts, and runarounds cost some borrowers money and others their homes. Ocwen allegedly botched basic functions like sending accurate monthly statements, properly crediting payments, and handling taxes and insurance. Allegedly, Ocwen also illegally foreclosed on a top-secret close door against XX/XX/XXXX foreclosure act and after it they find the proper moment to go in the house illegal and criminal and loot the entire property in case you complain too much. on struggling borrowers, ignored customer complaints, and sold off the servicing rights to loans without fully disclosing the mistakes it made in borrowers records. The NY. PA, Florida Attorney General took a similar action against Ocwen today in a separate lawsuit. Many state financial regulators are also independently issuing cease-and-desist and license revocation orders against Ocwen for escrow management and licensing issues today. \n\n\" Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes, '' said CFPB Director XXXX XXXX. \" Borrowers have no say over who services their mortgage, so the Bureau will remain vigilant to ensure they get fair treatment. '' Ocwen, headquartered in XXXX XXXX XXXX, Fla., is one of the nations largest nonbank mortgage servicers. As of XXXX XXXX, XXXX, Ocwen serviced almost XXXX XXXX loans with an aggregate unpaid principal balance of {$200.00} XXXX. It services loans for borrowers in all 50 states and the District of Columbia. A mortgage servicer collects payments from the mortgage borrower and forwards those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. Ocwen specializes in servicing subprime or delinquent loans. \n\n////////////////////////////////////////////////////////////////////////////////////////////////////////////// CFPB, State Authorities Order Ocwen to Provide {$2.00} XXXX in Relief to Homeowners for Servicing Wrongs XX/XX/XXXX Share this Share on XXXX Share on Twitter Share on XXXX Share on email Largest Nonbank Servicer Will Also Refund {$120.00} XXXX to Foreclosure Victims and Adhere to Significant New Homeowner Protections WASHINGTON, XXXX Today, the Consumer Financial Protection Bureau ( CFPB ), authorities in 49 states, and the District of Columbia filed a proposed court order requiring the countrys largest nonbank mortgage loan servicer, XXXX XXXX XXXX, and its subsidiary, Ocwen Loan Servicing, to provide {$2.00} XXXX in principal reduction to underwater borrowers. The consent order addresses Ocwens systemic misconduct at every stage of the mortgage servicing process. Ocwen must also refund {$120.00} XXXX to the nearly 185,000 borrowers who have already been foreclosed upon and it must adhere to significant new homeowner protections. \nDeceptions and shortcuts in mortgage servicing will not be tolerated, said CFPB Director XXXX XXXX. Ocwen took advantage of borrowers at every stage of the process. Todays action sends a clear message that we will be vigilant about making sure that consumers are treated with the respect, dignity, and fairness they deserve. \nThe proposed Ocwen Consent Order is available at : http : //files.consumerfinance.govXXXX Ocwen, a publicly traded Florida corporation headquartered in XXXX, Ga., is the largest nonbank mortgage servicer and the fourth-largest servicer overall in the United States. As a mortgage servicer, it is responsible for collecting payments from the mortgage borrower and forwarding those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. \nOcwen specializes in servicing subprime or delinquent loans and places a major emphasis on resolving delinquency through loss mitigation or foreclosure. In recent years, it has acquired competitors including XXXX XXXX XXXX XXXX ( formerly American Home Mortgage Servicing Inc. ) and XXXX XXXX XXXX XXXX. It has also acquired the mortgage servicing rights from the portfolios of some of the countrys largest banks. \nThe CFPB is charged with enforcing the Dodd-Frank Wall Street Reform and Consumer Protection Act which protects consumers from unfair, deceptive, or abusive acts or practices by mortgage servicers whether they are a bank or nonbank. State financial regulators, state attorneys general, and the CFPB uncovered substantial evidence that Ocwen violated state laws and the Dodd-Frank Act. \nIn early XXXX, examinations by the XXXX XXXX XXXX, which is comprised of state financial regulators, identified potential violations at Ocwen. In addition, the Federal Trade Commission referred its investigation of Ocwen to the CFPB after the Bureau opened in XX/XX/XXXX. The Bureau then teamed with state attorneys general and state regulators to investigate and resolve the issues identified. Todays settlement is a multi-jurisdictional collaborative effort. \nBorrowers Pushed into Foreclosure by Servicing Errors The CFPB and its partner states believe that Ocwen was engaged in significant and systemic misconduct that occurred at every stage of the mortgage servicing process. According to the complaint filed in the federal district court in the District of Columbia, Ocwens violations of consumer financial protections put thousands of people across the country at risk of losing their homes. Specifically, the complaint says that Ocwen : Took advantage of homeowners with servicing shortcuts and unauthorized fees : Customers relied on Ocwen to, among other things, treat them fairly, give them accurate information, and appropriately charge for services. According to the complaint, Ocwen violated the law in a number of ways, including : o Failing to timely and accurately apply payments made by borrowers and failing to maintain accurate account statements ; o Charging borrowers unauthorized fees for default-related services ; o Imposing force-placed insurance on consumers when Ocwen knew or should have known that they already had adequate home-insurance coverage ; and o Providing false or misleading information in response to consumer complaints. \nDeceived consumers about foreclosure alternatives and improperly denied loan modifications : Struggling homeowners generally turn to mortgage servicers, the link to the owners of the loans, as their only means of developing a plan for payment. Ocwen failed to effectively assist, and in fact impeded, struggling homeowners trying to save their homes. This included : o Failing to provide accurate information about loan modifications and other loss mitigation services ; o Failing to properly process borrowers applications and calculate their eligibility for loan modifications ; o Providing false or misleading reasons for denying loan modifications ; o Failing to honor previously agreed upon trial modifications with prior servicers ; and o Deceptively seeking to collect payments under the mortgages original unmodified terms after the consumer had already begun a loan modification with the prior servicer. \nEngaged in illegal foreclosure practices : One of the most important jobs of a mortgage servicer is managing the foreclosure process. But Ocwen mishandled foreclosures and provided consumers with false information. Specifically, Ocwen is accused of : o 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 also offered by Ocwen ; and o Robo-signing foreclosure documents, including preparing, executing, notarizing, and filing affidavits in foreclosure proceedings with courts and government agencies without verifying the information.\n\nRemedies : Consumer Protections Todays proposed court order will bar Ocwen from committing such violations in the future. It requires Ocwen to provide {$120.00} XXXX in refunds to foreclosed-upon consumers and {$2.00} XXXX in loan modification relief to its customers through principal reduction. The refunds and relief also apply to consumers whose loans were previously serviced by XXXX XXXX XXXX and XXXX XXXX XXXX. According to the proposed order, Ocwen must : Provide {$2.00} XXXX in relief to underwater borrowers : Over a three-year period, Ocwen must complete sustainable loan modifications that result in principal reductions totaling {$2.00} XXXX. For loan modification options, eligible borrowers may be contacted directly by Ocwen. Or borrowers may contact Ocwen to obtain more information about specific loan modification programs and to find out whether they may be impacted by this settlement. Ocwen can be reached at XXXX or XXXX. If Ocwen fails to meet this commitment, it must pay a cash penalty in the amount of any shortfall to the CFPB and the states. \nProvide {$120.00} XXXX in refunds to foreclosure victims : Ocwen must refund {$120.00} XXXX to consumers whose loans were being serviced by Ocwen, XXXX XXXX XXXX, or Litton Loan Servicing, and who lost their homes to foreclosure between XX/XX/XXXX and XX/XX/XXXX. All eligible consumers who submit valid claims will receive an equal share of the {$120.00}  XXXX. Borrowers who receive payments will not have to release any claims and will be free to seek additional relief in the courts. Ocwen will also pay {$2.00} XXXX to administer the refund process. Eligible consumers can expect to hear from the settlement administrator about potential payments. \nStop robo-signing official documents : Ocwen must ensure that facts asserted in its documents about borrowers loans used in foreclosure and bankruptcy proceedings are accurate and supported by reliable evidence. Affidavits and sworn statements must be based on personal knowledge. \nAdhere to significant new homeowner protections : Ocwen must change the way it services mortgages to ensure that borrowers are protected from the illegal behavior that puts them in danger of losing their homes. To ensure this, the CFPB and the states are proposing that Ocwen follow the servicing standards set up by the XXXX XXXX XXXX XXXX with the five largest banks. Because of Ocwens track record of problems handling the large volume of  mortgage servicing rights it has quickly acquired in recent years, Ocwen is also being ordered to adhere to additional consumer protections, including how it manages transferred lans. Among other things, Ocwen must : o Properly process pending requests : For loans that are transferred to Ocwen, the company must determine the status of in-process loss mitigation requests pending within 60 days of transfer. Until then, Ocwen can not start, refer to, or proceed with foreclosure. \no Honor previous loan modification agreements : If the borrower has a loan modification agreement, Ocwen must honor it under the terms of the company that transferred the loan. \no Ensure continuity of contact for consumers : Ocwen will have to ensure that consumers get regular and dependable assistance when they call for help. This includes requiring more than just a single point of contact assigned to each borrower, but also that other Ocwen employees with access to the borrowers information be available if the borrower wants to speak to someone immediately. \no Restrict servicing fees : All servicing fees must be reasonable, bona fide, and disclosed in detail to borrowers. For example, Ocwen can not collect any late fees if a loan modification application is under review or if the borrower is making timely trial modification payments. \no Notify consumers of loss mitigation options and restrict dual tracking : Ocwen generally can not refer a borrowers account to foreclosure while the borrowers application for a loan modification is still pending. If the loan-modification request is denied, the borrower can appeal that decision and Ocwen can not proceed to foreclosure until that appeal has been resolved. \nIn XX/XX/XXXX, the CFPB released new rules on mortgage servicing that will apply to every mortgage servicer. The standards that Ocwen must adhere to according to this court order are in addition to the protections offered to consumers under the new rules that take effect on XX/XX/XXXX. More information about the CFPBs new mortgage rules can be found at :  consumerfinance.gov/mortgage. \nA factsheet about the proposed order filed today can be found at : http : //files.consumerfinance.govXXXX Common consumer questions and answers about the order can be found at : http : //files.consumerfinance.govXXXX A copy of the Ocwen complaint that the CFPB and state attorneys general filed today can be found at : http : //files.consumerfinance.govXXXX The complaint is not a finding or ruling that the defendants have actually violated the law. The proposed federal court order will have the full force of law only when signed by the presiding judge. \n# # # The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit consumerfinance.gov. \nUpdated on XX/XX/XXXX : The XXXX XXXX XXXX XXXX will mail claim forms to borrowers who lost their home to foreclosure between XX/XX/XXXX and XX/XX/XXXX and whose loans were serviced by Ocwen, XXXX XXXX XXXX XXXX, and XXXX XXXX   XXXX XXXX ( also known as XXXX XXXX XXXX XXXX XXXX XXXX, or AHMSI ). Borrowers may submit claim forms online using their personalized claimant ID number, which is located on the claim form they receive. More information can be found at : XXXX Updated on XX/XX/XXXX : The Ocwen consent judgment entered by the court can be found at : http : //files.consumerfinance.govXX/XX/XXXX ////////////////////////////////////////////////////////////////////////////////////////////////////// CFPB Sues Ocwen for Failing Borrowers Throughout Mortgage Servicing Process Mortgage Servicers Widespread Errors, Shortcuts, and Runarounds Cost Borrowers Money, Homes XX/XX/XXXX Share this Share on XXXX Share on XXXX Share on XXXX Share on email WASHINGTON, D.C. The Consumer Financial Protection Bureau ( CFPB ) today sued one of the countrys largest nonbank mortgage loan servicers, XXXX XXXX XXXX, and its subsidiaries for failing borrowers at every stage of the mortgage servicing process. The Bureau alleges that Ocwens years of widespread errors, shortcuts, and runarounds cost some borrowers money and others their homes. Ocwen allegedly botched basic functions like sending accurate monthly statements, properly crediting payments, and handling taxes and insurance. Allegedly, Ocwen also illegally foreclosed on struggling borrowers, ignored customer complaints, and sold off the servicing rights to loans without fully disclosing the mistakes it made in borrowers records. The Florida Attorney General took a similar action against Ocwen today in a separate lawsuit. Many state financial regulators are also independently issuing cease-and-desist and license revocation orders against Ocwen for escrow management and licensing issues today. \n\" Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes, '' said CFPB Director XXXX XXXX. \" Borrowers have no say over who services their mortgage, so the Bureau  will remain vigilant to ensure they get fair treatment. '' Ocwen, headquartered in XXXX XXXX XXXX, Fla., is one of the nations largest nonbank mortgage servicers. As of XXXX XXXX, XXXX, Ocwen serviced almost XXXX XXXX loans with an aggregate unpaid principal balance of {$200.00} XXXX. It services loans for borrowers in all 50 states and the District of Columbia. A mortgage servicer collects payments from the mortgage borrower and forwards those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. Ocwen specializes in servicing subprime or delinquent loans. \nThe CFPB uncovered substantial evidence that Ocwen has engaged in significant and systemic misconduct at nearly every stage of the mortgage servicing process. The CFPB is charged with enforcing the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects consumers from unfair, deceptive, or abusive acts or practices, and other federal consumer financial laws. In addition, the Bureau adopted common-sense rules for the mortgage servicing market that first took effect in XX/XX/XXXX. The CFPBs mortgage servicing rules require that servicers promptly credit payments and correct errors on request. The rules also include strong protections for struggling homeowners, including those facing foreclosure. In its lawsuit, the CFPB alleges that Ocwen : Serviced loans using error-riddled information : Ocwen uses a proprietary system called REALServicing to process and apply borrower payments, communicate payment information to borrowers, and maintain loan balance information. Ocwen allegedly loaded inaccurate and incomplete information into its REALServicing system. And even when data was accurate, REALServicing generated errors because of system failures and deficient programming. To manage this risk, Ocwen tried manual workarounds, but they often failed to correct inaccuracies and produced still more errors. Ocwen then used this faulty information to service borrowers loans. In XX/XX/XXXX, Ocwens head of servicing described its system as ridiculous and a train wreck. \nIllegally foreclosed on homeowners : Ocwen has long touted its ability to service and modify loans for troubled borrowers. But allegedly, Ocwen has failed to deliver required foreclosure protections. As a result, the Bureau alleges that Ocwen has wrongfully initiated foreclosure proceedings on at least 1,000 people, and has wrongfully held foreclosure sales. Among other illegal practices, Ocwen has initiated the foreclosure process before completing a review of borrowers loss mitigation applications. In other instances, Ocwen has asked borrowers to submit additional information within 30 days, but foreclosed on the borrowers before the deadline. Ocwen has also foreclosed on borrowers who were fulfilling their obligations under a loss mitigation agreement. \nFailed to credit borrowers payments : Ocwen has allegedly failed to appropriately credit payments made by numerous borrowers. Ocwen has also failed to send borrowers accurate periodic statements detailing the amount due, how payments were applied, total payments received, and other information. Ocwen has also failed to correct billing and payment errors. \nBotched escrow accounts : Ocwen manages escrow accounts for over 75 percent of the loans it services. Ocwen has allegedly botched basic tasks in managing these borrower accounts. Because of system breakdowns and an over-reliance on manually entering information, Ocwen has allegedly failed to conduct escrow analyses and sent some borrowers escrow statements late or not at all. Ocwen also allegedly failed to properly account for and apply payments by borrowers to address escrow shortages, such as changes in the account when property taxes go up. One result of this failure has been that some borrowers have paid inaccurate amounts. \nMishandled hazard insurance : If a servicer administers an escrow account for a borrower, a servicer must make timely insurance and/or tax payments on behalf of the borrower. Ocwen, however, has allegedly failed to make timely insurance payments to pay for borrowers home insurance premiums. Ocwens failures led to the lapse of homeowners insurance coverage for more than 10,000 borrowers. Some borrowers were pushed into force-placed insurance. \nBungled borrowers private mortgage insurance : Ocwen allegedly failed to cancel borrowers private mortgage insurance, or PMI, in a timely way, causing consumers to overpay. Generally, borrowers must purchase PMI when they obtain a mortgage with a down payment of less than 20 percent, or when they refinance their mortgage with less than 20 percent equity in their property. Servicers must end a borrowers requirement to pay PMI when the principal balance of the mortgage reaches 78 percent of the propertys original value. Since XX/XX/XXXX, Ocwen has failed to end borrowers PMI on time after learning information in its REALServicing system was unreliable or missing altogether. Ocwen ultimately overcharged borrowers about {$1.00} XXXX for PMI premiums, and refunded this money only after the fact. \nDeceptively signed up and charged borrowers for add-on products : When servicing borrowers mortgage loans, Ocwen allegedly enrolled some consumers in add-on products through deceptive solicitations and without their consent. Ocwen then billed and collected payments from these consumers. \nFailed to assist heirs seeking foreclosure alternatives : Ocwen allegedly mishandled accounts for successors-in-interest, or heirs, to a deceased borrower. These consumers included widows, children, and other relatives. As a result, Ocwen failed to properly recognize individuals as heirs, and thereby denied assistance to help avoid foreclosure. In some instances, Ocwen foreclosed on individuals who may have been eligible to save these homes through a loan modification or other loss mitigation option. \nFailed to adequately investigate and respond to borrower complaints : If an error is made in the servicing of a mortgage loan, a servicer must generally either correct the error identified by the borrower, called a notice of error, or investigate the alleged error. Since XX/XX/XXXX, Ocwen has allegedly routinely failed to properly acknowledge and investigate complaints, or make necessary corrections. Ocwen changed its policy in XX/XX/XXXX to address the difficulty its call center had in recognizing and escalating complaints, but these changes fell short. Under its new policy, borrowers still have to complain at least five times in nine days before Ocwen automatically escalates their complaint to be resolved. Since XX/XX/XXXX, Ocwen has received more than 580,000 notices of error and complaints from more than 300,000 different borrowers. \nFailed to provide complete and accurate loan information to new servicers : Ocwen has allegedly failed to include complete and accurate borrower information when it sold its rights to service thousands of loans to new mortgage servicers. This has hampered the new servicers efforts to comply with laws and investor guidelines. \nThe Bureau also alleges that Ocwen has failed to remediate borrowers for the harm it has caused, including the problems it has created for struggling borrowers who were in default on their loans or who had filed for bankruptcy. For these groups of borrowers, Ocwens servicing errors have been particularly costly. \nThrough its complaint, filed in federal district court for the XXXX District of Florida, the CFPB seeks a court order requiring Ocwen to follow mortgage servicing law, provide relief for consumers, and pay penalties. The complaint is not a finding or ruling that the defendants have actually violated the law. \nThe lawsuit is available at : http : //files.consumerfinance.govXXXX # # # The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit consumerfinance.gov. \n/////////////////////////////////////////////////////////////////////////////////////////////////////// CFPB Sues Ocwen for Failing Borrowers Throughout Mortgage Servicing Process Mortgage Servicers Widespread Errors, Shortcuts, and Runarounds Cost Borrowers Money, Homes XX/XX/XXXX Share this Share on XXXX Share on XXXX Share on XXXX Share on email WASHINGTON, D.C. The Consumer Financial Protection Bureau ( CFPB ) today sued one of the countrys largest nonbank mortgage loan servicers, XXXX XXXX XXXX, and its subsidiaries for failing borrowers at every stage of the mortgage servicing process. The Bureau alleges that Ocwens years of widespread errors, shortcuts, and runarounds cost some borrowers money and others their  homes. Ocwen allegedly botched basic functions like sending accurate monthly statements, properly crediting payments, and handling taxes and insurance. Allegedly, Ocwen also illegally foreclosed on struggling borrowers, ignored customer complaints, and sold off the servicing rights to loans without fully disclosing the mistakes it made in borrowers records. The Florida Attorney General took a similar action against Ocwen today in a separate lawsuit. Many state financial regulators are also independently issuing cease-and-desist and license revocation orders against Ocwen for escrow management and licensing issues today. \n\" Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes, '' said CFPB Director XXXX XXXX. \" Borrowers have no say over who services their mortgage, so the Bureau will remain vigilant to ensure they get fair treatment. '' Ocwen, headquartered in XXXX XXXX XXXX, Fla., is one of the nations largest nonbank mortgage servicers. As of XX/XX/XXXX Ocwen serviced almost XXXX XXXX loans with an aggregate unpaid principal balance of {$200.00} XXXX. It services loans for borrowers in all 50 states and the District of Columbia. A mortgage servicer collects payments from the mortgage borrower and forwards those payments to the owner of the loan. It handles customer service, collections, loan modifications, and foreclosures. Ocwen specializes in servicing subprime or delinquent loans. \nThe CFPB uncovered substantial evidence that Ocwen has engaged in significant and systemic misconduct at nearly every stage of the mortgage servicing process. The CFPB is charged with enforcing the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects consumers from unfair, deceptive, or abusive acts or practices, and other federal consumer financial laws. In addition, the Bureau adopted common-sense rules for the mortgage servicing market that first took effect in XX/XX/XXXX. The CFPBs mortgage servicing rules require that servicers promptly credit payments and correct errors on request. The rules also include strong protections for struggling homeowners, including those facing foreclosure. In its lawsuit, the CFPB alleges that Ocwen : Serviced loans using error-riddled information : Ocwen uses a proprietary system called REALServicing to process and apply borrower payments, communicate payment information to borrowers, and maintain loan balance information. Ocwen allegedly loaded inaccurate and incomplete information into its REALServicing system. And even when data was accurate, REALServicing generated errors because of system failures and deficient programming. To manage this risk, Ocwen tried manual workarounds, but they often failed to correct inaccuracies and produced still more errors. Ocwen then used this faulty information to service borrowers loans. In XX/XX/XXXX, Ocwens head of servicing described its system as ridiculous and a train wreck. \nIllegally foreclosed on homeowners : Ocwen has long touted its ability to service and modify loans for troubled borrowers. But allegedly, Ocwen has failed to deliver required foreclosure protections. As a result, the Bureau alleges that Ocwen has wrongfully initiated foreclosure proceedings on at least 1,000 people, and has wrongfully held foreclosure sales. Among other illegal practices, Ocwen has initiated the foreclosure process before completing a review of borrowers loss mitigation applications. In other instances, Ocwen has asked borrowers to submit additional information within 30 days, but foreclosed on the borrowers before the deadline. Ocwen has also foreclosed on borrowers who were fulfilling their obligations under a loss mitigation agreement. \nFailed to credit borrowers payments : Ocwen has allegedly failed to appropriately credit payments made by numerous borrowers. Ocwen has also failed to send borrowers accurate periodic statements detailing the amount due, how payments were applied, total payments received, and other information. Ocwen has also failed to correct billing and payment errors. \nBotched escrow accounts : Ocwen manages escrow accounts for over 75 percent of the loans it services. Ocwen has allegedly botched basic tasks in managing these borrower accounts. Because of system breakdowns and an over-reliance on manually entering information, Ocwen has allegedly failed to conduct escrow analyses and sent some borrowers escrow statements late or not at all. Ocwen also allegedly failed to properly account for and apply payments by borrowers to address escrow shortages, such as changes in the account when property taxes go up. One result of this failure has been that some borrowers have paid inaccurate amounts.\n\nMishandled hazard insurance : If a servicer administers an escrow account for a borrower, a servicer must make timely insurance and/or tax payments on behalf of the borrower. Ocwen, however, has allegedly failed to make timely insurance payments to pay for borrowers home insurance premiums. Ocwens failures led to the lapse of homeowners insurance coverage for more than 10,000 borrowers. Some borrowers were pushed into force-placed insurance.\n\nBungled borrowers private mortgage insurance : Ocwen allegedly failed to cancel borrowers private mortgage insurance, or PMI, in a timely way, causing consumers to overpay. Generally, borrowers must purchase PMI when they obtain a mortgage with a down payment of less than 20 percent, or when they refinance their mortgage with less than 20 percent equity in their property. Servicers must end a borrowers requirement to pay PMI when the principal balance of the mortgage reaches 78 percent of the propertys original value. Since XX/XX/XXXX, Ocwen has failed to end borrowers PMI on time after learning information in its REALServicing system was unreliable or missing altogether. Ocwen ultimately overcharged borrowers about {$1.00} XXXX for PMI premiums, and refunded this money only after the fact. \nDeceptively signed up and charged borrowers for add-on products : When servicing borrowers mortgage loans, Ocwen allegedly enrolled some consumers in add-on products through deceptive solicitations and without their consent. Ocwen then billed and collected payments from these consumers. \nFailed to assist heirs seeking foreclosure alternatives : Ocwen allegedly mishandled accounts for successors-in-interest, or heirs, to a deceased borrower. These consumers included widows, children, and other relatives. As a result, Ocwen failed to properly recognize individuals as heirs, and thereby denied assistance to help avoid foreclosure. In some instances, Ocwen foreclosed on individuals who may have been eligible to save these homes through a loan modification or other loss mitigation option. \nFailed to adequately investigate and r","date_sent_to_company":"2018-05-30T05:18:46.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"11375","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"2920725","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2018-05-30T01:09:17.000Z","state":"NY","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["PA, Florida Attorney General took a similar action <em>against</em> Ocwen today in a separate <em>lawsuit</em>. 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