Consumer complaint received 2020-06-10
Company: Ocwen Financial Corporation
State: TX
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XXXX XXXX ( " XXXX '' ), XXXX XXXX XXXX  XXXX  PHH Mortgage Services ( " XXXX XXXX  ), Ocwen Loan Servicing,  LLC ( " OLS '' ) and XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX ) are committing mail fraud in violation of 18 U.S.C. section 1341, the crime of fictitious addresses and persons in violation of 18 U.S.C. section 1342, conspiracy in violation of 18 U.S.C. section 371 and other predicate acts in violation of State and Federal criminal statutes as it pertains to their unlawful debt collection practices and illegal foreclosure in the XXXX XXXX of New Jersey in further violation of the consent judgments entered in the XXXX XXXX XXXX for XXXX XXXX XXXX Columbia on XX/XX/XXXX ( See Civil Action No. : XXXX ) and XX/XX/XXXX ( See Civil Action No. : XXXX ). In response to my XX/XX/XXXX communication forwarded to XXXX, PHH and XXXX  XXXX regarding account number XXXX and Docket No. : XXXX ( XXXX XXXX. XXXX ) and made pursuant to 15 U.S.C. section 1962 ( g ) ; 12 U.S.C.  section 2605 ( e ) and 15 U.S.C. section 1601 et seq. ; and 15 U.S.C. section 7021 ( f ), Attorneys XXXX  responded with communications dated XX/XX/XXXX ( See Exhibits " A '' and " B '' ), while XXXX responded with communications dated XX/XX/XXXX ( See Exhibit " C '' ) and XX/XX/XXXX ( See Exhibits " D '' and " E '' ) with exhibits enclosed thereto that along with the responses are false, deceptive and / or incomplete for the following reasons : 1. the communications regarding the above referenced account number and civil docket number sent from Attorneys XXXX as third-party debt collectors and foreclosure counsel that are tilted MORTGAGE REINSTATEMENT QUOTE '' ( See Exhibit " A '' ) and PAYOFF QUOTE VALID THROUGH ( See Exhibit " B '' ) that are both dated XX/XX/XXXX ; XXXX c/o PHH  as debt collectors both dated XX/XX/XXXX ( See Exhibits " D '' and " E '' ) ; and the Monthly Mortgage Statement from XXXX c/o PHH dated XX/XX/XXXX for the payment declared XX/XX/XXXX ( See Exhibit " F '' ), are false and deceptive upon declaring a default as of XX/XX/XXXX for an alleged failure to pay the installment due, while concealing and omitting that : a. the above reference account number went into default with the payment missed for the installment due XX/XX/XXXX and the installments due each month thereafter as declared within the foreclosure complaint filed on XX/XX/XXXX in the XXXX XXXXXXXX of New Jersey under Docket No. : XXXX by Litton Loan Servicing LP ( Litton Loan ) through XXXX XXXX XXXX, XXXX. ( Attorneys XXXX ) on the same day XXXX XXXX died ( See Exhibit " G '' ) ; b. no payments were made for the months due as of XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX following Litton Loans election to accelerate and demand the total indebtedness declared owing towards the above referenced account number upon commencement of foreclosure on XX/XX/XXXX under Docket No. : XXXX ; c. on XX/XX/XXXX, I executed a Trial Modification Agreement prepared and offered by Litton Loan for the above referenced account requiring three payments of {$1900.00} for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit " H '' ) and forwarded the trial modification agreement along with two certified checks each for {$1900.00} dated XX/XX/XXXX for the XX/XX/XXXX and XX/XX/XXXX trial modification payments that were received and cashed by Litton Loan ( See Exhibit " I '' ) ; d. by certified check dated XX/XX/XXXX, I made the last of three trial modification payments for {$1900.00} that was received and cashed by Litton Loan ( See Exhibit " J '' ), the latter of who failed to permanently modify the above referenced account number promised and, instead, maintained the foreclosure action filed the same day as XXXX XXXX on XX/XX/XXXX under Docket No. XXXX wherein XX/XX/XXXX is declared the date of default ( See Exhibit " G '' ). ; e. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1800.00} for payment due as of XX/XX/XXXX ( See Exhibit " K '' ). ; f. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit " L '' ). ; g. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit " M '' ). ; h. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit " N '' ). ; i. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit " O '' ). ; j. Litton Loan received and cashed a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit " P '' ). ; k. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1600.00} for payment due as of XX/XX/XXXX ( See Exhibit " Q '' ). ; l. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1700.00} for payment due as of XX/XX/XXXX ( See Exhibit " R '' ). ; and m. Litton Loan received and returned a check dated XX/XX/XXXX in the amount of {$1700.00} for payment due as of XX/XX/XXXX ( See Exhibit " S '' ). ; 2. the alleged payment reconciliation histories ( See Exhibit " T '' ) enclosed within one of the XX/XX/XXXX communications from XXXX c/o PHH omit and conceal approximately $ XXXX in payments tendered to Litton Loan towards the above referenced account number with approximately $ XXXX being cashed by Litton Loan from XX/XX/XXXX through XX/XX/XXXX ( See Exhibits " I '' through " S '' ). ; 3. XXXX, PHH, OLS and Attorneys XXXX have failed to explain and / or justify the fees and expenses from XX/XX/XXXX through XX/XX/XXXX displayed within the Breakdown of outstanding fees and expenses ( See Exhibit " U '' ) enclosed within the XX/XX/XXXX communication from XXXX c/o PHH including, but not limited to, : Property Inspections beginning XX/XX/XXXX ; Title Search Expenses beginning XX/XX/XXXX ; Foreclosure Cost beginning XX/XX/XXXX ; Property Preservation/Maintenance Fee ; and Property Appraisal/BPO. 4.  XXXX, PHH, XXXX  and Attorneys XXXX failed to enclose evidence of an assignment and sale of the paper note and mortgage associated with the above referenced account number from XXXX XXXX XXXX  XXXX ( XXXX XXXX XXXX ) as the original lender for the above referenced account number, prior to XXXX XXXX XXXX bankruptcy petition filed on XX/XX/XXXX in the United States Bankruptcy XXXX XXXX XXXX XXXX XXXX Delaware in Case No. XXXX ( KJC ) ( See Exhibit " V '' ) and before termination of XXXX XXXX XXXX executory contracts with XXXX XXXX n/k/a XXXX XXXX XXXX XXXX ( XXXX ) and the latters wholly-owned subsidiary XXXX  XXXX XXXX XXXX XXXX XXXX ( XXXX ) on XX/XX/XXXX ( See Exhibit " W '' ). ; 5. the instrument titled XXXX XXXX XXXX XXXX  enclosed within both XX/XX/XXXX communications from XXXX c/o PHH ( See Exhibit " X '' ), is falsely uttered forged falsely notarized upon misrepresenting that XXXX  XXXX XXXX XXXX XXXX. Successor By Merger to XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX, as Trustee under the Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX at XXXX XXXX XXXX, XXXX, FL XXXX assigned the mortgage associated with the above referenced account number to XXXX XXXX XXXX XXXX, Successor in Interest to XXXX XXXX XXXX XXXX XXXX, Successor by Merger to XXXX XXXX XXXX XXXX Trustee for XXXX XXXX XXXX Mortgage Pass-Through Certificates, XXXX XXXX at C/O PHH Mortgage Corporation at XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX on XX/XX/XXXX, when : ( 1 ) there is no evidence that New Century Mortgage assigned and transferred the subject note and mortgage before entering bankruptcy on XX/XX/XXXX ( See Exhibit " V '' ) or upon approval from the XXXX XXXX XXXX for the District of Delaware in Case No. XXXX ( KJC ) ; ( 2 ) there is no evidence the alleged assignor operated at the alleged address designated within the instrument which raises possible violations of 18 U.S.C. section 1342 for fictitious addresses ; ( 3 ) there is no evidence that PHH Mortgage Corporation was authorized to act on behalf of the alleged assignee designated within the address ; ( 4 ) the address provided for the alleged assignee is the address for Ocwen Loan Servicing, LLC ( OLS ) and there is no evidence that the alleged assignee operates out of the same address as OLS which raises possible violations of 18 U.S.C. section 1342 for fictitious addresses ; and ( 5 ) the name and alleged signature of XXXX XXXX XXXX appearing as an alleged Assistant Vice President for XXXX XXXX XXXX, XXXX. Successor By Merger to XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX, as Trustee under the Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX is a forgery, along with the alleged notarization by Florida notary public XXXX XXXX annexed thereto, because both persons were at times employed by OLS. ; 6. enclosed within the two communications from XXXX c/o PHH XXXX XX/XX/XXXX were two different versions of a five page note instrument ( See Exhibits " Y '' and " Z '' ) wherein neither instrument displays an indorsement by New Century Mortgage as the original lender, neither instrument has an allonge permanently affixed to page five of the note instrument, and one of the two instruments enclosed a separate - untitled page behind page five of the note that displays the forged name and stamp of XXXX XXXX whose name and varying signatures were identified within the Florida Attorney Generals Crime Division Report titled The Office of the Attorney General Economics Crime Division : Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases that was filed with the XXXX XXXX  of Florida on XX/XX/XXXX as Appendix G in Case No. : XXXX ( See Exhibit " AA '' ). ; 7.  XXXX, PHH and Attorneys XXXX failed to prove compliance with 15 U.S.C. section 1641 ( g ) and failed to forward the notice of new creditor forwarded to me as required by 15 U.S.C. section 1641 ( g ). ; and 8. XXXX, PHH and Attorneys XXXX failed to comply with 15 U.S.C. section 7021 ( f ) by failing to provide me the authoritative copy of the transferable record assigned XXXX XXXX. Furthermore, because of the acceleration of the mortgage associated with the above referenced account number pursuant to N.J.S.A. XXXX and demand for payment of the total amount due and owing towards the above referenced account number for the default on XX/XX/XXXX as declared within the foreclosure complaint filed by Litton Loan in the XXXX  XXXX of New Jersey on XX/XX/XXXX in Docket No. XXXX ( See Exhibit " G '' ), the latter of which was dismissed by OLS on XX/XX/XXXX ( See Exhibit " G-1 '' ), the note and mortgage connected to the above referenced account number became time-barred as of XX/XX/XXXX pursuant to N.J.S.A. XXXX ( a ). I am demanding the CFPB forward this complaint to law enforcement along with the monitors for the consent judgments entered in the XXXX XXXX XXXX for the District of Columbia on XX/XX/XXXX ( See Civil Action No. : XXXX ) and XX/XX/XXXX ( See Civil Action No. : XXXX ). Any response the XXXX, PHH and Ocwen are subject to 18 U.S.C. 1001.

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