Consumer complaint received 2024-01-18
Company: Ocwen Financial Corporation
State: AL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage
Sub-issue: Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure

Complaint:
THIS IS OUR RESPONSE TO PHH MORTGAGE WHICH SENT US AN EMAIL PROVIDING THEIR ANSWER TO TWO OF OUR COMPLAINTS WITH THE CFPB *** Office of Consumer Ombudsman c/o PHH Mortgage Services XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX COPY : THE CONSUMER FINANCIAL PROTECTION BUREAU Sir XXXX This is to confirm receipt of your communication sent via email and dated XX/XX/XXXX where you indicated you have responded, through your counsel, to two complaints we filed with CFPB : - Fraudulent mortgage s/b fraudulent mortgage assignment - Incorrect balance Fraudulent mortgage assignment We note that you are not a party to what we assert as a fraudulent mortgage assignment done by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX or four years after the Trust RAMP Series XXXX  closed and no more assets can be added. 
That fraudulent deceptive assignment was between XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

That complaint was not against PHH Mortgage but against XXXX XXXX. We are not sure why you are responding to that, unless you are speaking for XXXX XXXX. 
Your counsel, we believe, missed the issue involved in that fraudulent transaction. They kept alluding to the the mortgage follows the note concept. As important as the issue is, that is not why we are complaining that the assignment of mortgage was fraudulent. 
We assert that XXXX XXXX has acted in bad faith, has dirty hands and manipulated the assignment of mortgage to themselves so they can grab the property through a foreclosure, except that they appear to be foreclosing on an unsecured note.

1. First, they filed a foreclosure as the Trustee of the XXXX XXXX XXXX XXXX where the note is part of or securitized in. 
2. Note : The Trust does not own the mortgage ( or security instrument ). No more assets to be added after it closed on XX/XX/XXXXXXXX XXXX XXXX 
3. The Trustee owns the mortgage ( by virtue of an assignment of mortgage that we assert to be fraudulent and invalid ) 4. So XXXX XXXX is foreclosing on an unsecured loan Incorrect Loan Balance Your counsel indirectly stipulated and admitted in their response that XXXX XXXX did in fact receive a sum of money as part of the XXXX XXXX XXXX  huge settlement with XXXX XXXX. Your counsel is labeling XXXX XXXX share of this settlement as something else. 

They are not disputing that it is for XXXX XXXX XXXX XXXX which is where our loan was securitized. And the ( we presume ) large amount that XXXX XXXX received from the XXXX XXXX settlement was not specified. 

It appears indisputable that XXXX XXXX received a large sum ( presumably ) as a part of the XXXX XXXX XXXX  settlement for RAMP Series XXXX. Our loan was securitized and part of that Trust. 

All these years, XXXX XXXX kept quiet about this large settlement they received. Now that it is in the open, they have finally admitted receiving that large sum as part of that {XXXX XXXX  settlement but they want to label it for something else. 

In the meantime, they are claiming that our loan balance, and the other loans in the Trust, is unaffected by those monies they received. 

It seems that the other loans in the Trust should be complaining as well that their balances should be adjusted as a result of that huge payout received by XXXX XXXX. 
We intend to get to these details and specifics when we get to the appropriate discovery motions. 

FDCPA ( Federal Debt Collections Practices Act ) We are not disputing that under the FDCPA mortgage services are not classified as debt collectors as claimed by your counsel. 

However, federal appellate courts and trial courts have held/ruled that a mortgage loan servicer who is assigned a mortgage loan debt while it is in default is a debt collector and is thus governed by the FDCPA. 

Our loan with PHH Mortgage is in default, thus PHH Mortgage is bound to follow the FDCPA and refrain from 1 ) unfair, deceptive and manipulative practices, 2 ) validate the debt is not inaccurate or grossly misstated - we have pointed to them many times that the loan balance is wrong 3 ) harassment calls 4 ) dual tracking You have not, despite our repeated requests, provided any validation of the debt. There have been several loan principal forgiveness under Ocwen that appears not reflected in the loan balance. 

Also during the transfer of loans from Ocwen to PHH Mortgage there have been complaints that your servicing software had errors and flaws. You have stopped sending us mortgage statements for the last 10 months. You are clearly in violation of the FDCPA. 

Sincerely, XXXX XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation