Consumer complaint received 2018-03-20
Company: Ocwen Financial Corporation
State: MN
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX ( XXXX ) XXXX XXXX XX/XX/XXXX Attention : Honorable Attorney General XXXX XXXX State of Minnesota XXXX XXXX XXXX, XXXX  XXXX XXXX XXXX, MN XXXX Re : Florida 's XXXX XXXX XXXX XXXX XXXX Fraud and Retaliation, Foreclosure, and Homelessness for Reporting URGENT Epidemic Level Loan Number XXXX - My Home Mortgage File Number with Ocwen Dearest Attorney General XXXX : I am writing under circumstances that I wish I did not have to write on, but as a military spouse, and advocate for justice, and an American Patriot, I simply can not allow any further deviance and harm by this Corporation, actively housed in Florida, but customer services are " off shore '' ( assumed XXXX, XXXX, XXXX XXXX area ). 
I am writing this letter to address the issues of fraud and retaliation for reporting to the XXXX of XXXX Florida that have directed affected me and my family. 

There are several major issues affecting the servicing of my home mortgage over the nearly decade that Ocwen has serviced it, and there are immediate issues that if not resolved WILL render my still active military family homeless due to their illegal, penalized, but ignored and continued practices. 
Additionally, due to XXXX XXXX XXXX after the XXXX of our XXXX child that took me to the brink of XXXX, but from which XXXX continues to bless me with one more day, I have requested a loan modification under the HUD HAMP ( Making Homes Affordable ) process until I am able to return to substantial work. The modification process was moving forward, approved at all levels as is documented, but took much self-advocacy for the following of the law. Until recently, there have been a number of telephone calls, e-mail, and mail correspondence regarding these issues, and I would like them have these issues researched and resolved immediately, as to move forward with the modification of my loan through the Home Affordable Modification Program, but due to the identified fraud, reporting by me to the XXXX of XXXX Florida who holds the nearly 4000 currently open filed complaints against Ocwen, and their active retaliation against me, we are at a stand still, one that is  having a much greater impact that anyone could believe. 
The issues are as follows : 1. The property listed in relation to this account at XXXX XXXX XXXX XXXX in XXXX XXXX XXXX, MN XXXX has been fully and completely awarded to XXXX XXXX XXXX XXXX XXXX XXXX ( further referred to as XXXX XXXX XXXX XXXX XXXX, with the maiden name of XXXX reported and notarized in previous documents, and attached to this letter as a part of the research file. The property was awarded via divorce in the State of Minnesota XX/XX/XXXX, the Judgment and Decree ( Divorce Order ) being provided a number of times to Ocwen. There is a filed and recorded Quit Claim Deed that has been recorded by the State of Minnesota and the County in which the property and primary residence exists ( XXXX County, Minnesota ), and there are subsequent notices and orders identifying this property as solely belonging to XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ). Let this be a clear subsequent notice that the process of Assumption has been completed by XXXX XXXX XXXX, but has not been recognized by Ocwen, and has led to many issues in completing the loan modification process. The issues are numerous, and require a complete revision of the modification document to remove any naming of XXXX ( XXXX ) XXXX XXXX from the documents. 
2. The second, and even more major issues with the loan modification documents have been presented in multiple recorded conversations with Representative XXXX - # XXXX ; Escalation Manager XXXX - # XXXX ; Representative XXXX ; Customer Relations Representative XXXX XXXX ; and several others, including legal counsel, multiple Notary Publics, and persons from the HUD/HAMP Regional and Federal offices. 
The issues are numerous, and will require thorough and complete research by Ocwen, and will also be submitted to the HUD/HAMP offices for review. The issues include : A. The Ocwen Loan Servicing Corporation 's ( further referred to as " Ocwen '' or " The Corporation '' ) fraudulent handling of HUD and other Federal mortgage and loan servicing in Minnesota, including my own. 
B. The Florida Corporation 's " bullying '' of Minnesota consumers with fraudulent threats of foreclosure, and/or actual unwarranted foreclosures, denial of modifications without following the HUD guidelines that would actually allow for, and encourage the modifications, or going through and completing the modification process, and retracting it for random and illegal reasons. 
C. Increasing of the interest rate beyond the maximum agreed upon HAMP Rate, seemingly to recoup the funds that are written off and/or paid at a non-interest bearing rate. 
D. The forcing of signatures by persons that have been removed from ownership via divorce, that has been repeatedly documented via divorce decree, recorded Quit Claim Deeds, and State of Minnesota Judicial Orders awarding the property solely to XXXX XXXX XXXX in XX/XX/XXXX. 
E. Ocwen and its representatives have repeatedly ( on recorded calls ) cited policies and practices that are in direct contradiction with the Home Affordable Modification Agreement and Program, but because the document was prepared by Ocwen, and served on multiple occasions by Ocwen, the contradictions, attempts at forced agreement, and major illegal actions have simply been re-printed and re-sent to the homeowner, XXXX XXXX XXXX XXXX. XXXX XXXX was advised by Ocwen and its representatives to not change any portions of the documents, or that will delay and/or cancel the modification. Nonetheless, the issues as marked, highlighted, underlined, addressed orally, and in written form have not been corrected, addressed, or made to be legal and congruent with the three-party agreement. In fact, Ocwen has attempted to, within the context of the HAMP Agreement, force the accepting of terms that are not a part of the HAMP program, and are not acceptable Notarization practices, banking/mortgage practices, re-financing practices, and many other practices typically associated with FRAUD. It would be easy to note these as simple errors, if the errors had not changed to be more beneficial to Ocwen, had not been repeatedly sent to the homeowner with specific instructions not to change, cross out or correct any portions of the documents, and if Ocwen had not itself contracted a Notary that refused to notarized the documents due to the repeated issues that are present in the multiple forms of the document. One of these major issues is the attempt to force the Notary to sign off that more than one person was present with only one representation line ( see file ). This is not legal nor acceptable, and also goes against the assumption process that has already been completed multiple times. Another example is the separation of legally binding pages, with blank space that could be modified or doctored and that are required to be connected, or to have the information repeated on both pages. There are over 100 said issues in the documents, each noted in the recorded conversations, in the written documents, and highlighted and/or marked on the multiple copies of the attached documents. 
Also attached are the Judgment and Decree ( XX/XX/XXXX Divorce Decree ) awarding the property to XXXX XXXX ( XXXX ) ; the Quit Claim Deed recorded in XXXX County, and the highlighted statements that these have all been verified by Ocwen as a part of the HAMP Modification review process. 
Furthermore, it is stated that the HAMP modification will not be honored if not completely executed by XX/XX/XXXX. Because on that date, and for weeks prior to that date, there were multiple attempts to have the documents and contractual agreements made correct and congruent, it is not only viewed that this was the attempt at a forced agreement and legal arrangement by Ocwen for the HAMP contract, on behalf of the Home Affordable Program/HUD Programs, but that Ocwen refused and continues to refuse to put forth the correct contractual documents, rates, etc., as they agreed to put forth with HAMP, but rather, Ocwen appears to want to continue to put forth their own terms using the HAMP process as their gateway. This is not only unacceptable, but it is illegal, and needs to be investigated, without the risk of retaliation by Ocwen, its partners, subsidiaries, fiduciaries, and stakeholders. The investigation must be by all parties involved, and corrected at no penalty to the homeowner who has done due diligence to work with the loan servicer. 
F. Florida Corporation, Ocwen, taking retribution actions against Minnesota and other consumers when complaints ( and even law suits, including class action suits ) are launched against them. In my case, when I launched an investigation and complaint with the XXXX of XXXX Florida, who holds Ocwen 's nearly 4000 actively open complaint files for XX/XX/XXXX-XX/XX/XXXX, my modification was revoked, and I went from being approved and moving forward, to being denied, and also given a list of stipulations for the repairs of my home from a septic/sewage/rain damage issue that occurred the last week of XX/XX/XXXX, of which Ocwen was notified right away. The Corporation 's representative also noted that I needed to have another person take assumption and sign documents for my home to again be jointly owned, mailing this correspondence to my ex-spouse of nearly a decade, demanding that he re-assume liability, and, in the same correspondence, my new spouse who is actively working both in civilian and military work. We hold separate lives due to the duty and obligation he, we feel to serve our Nation and our State. Again, all documentation, including divorce decrees, Quit Claim Deeds, are included in the substantial documentation that is actually " simplified ''. 
G. Corporations failure to account for all payments made to Ocwen Loan Servicing at all times. Ocwen repeatedly states that I have had a delinquency since XX/XX/XXXX. However, when I began the modification process, I was not delinquent, and was told to hold payment due to trial period being assessed and determined ( on recorded Ocwen line ). During the trial period and beyond, we made the required payments that included Principal, Interest, Escrow, and Taxes from XX/XX/XXXX XX/XX/XXXX via the Ocwen online system ( this can be verified through banking ). They will not account for those payments of nearly {$1600.00}, of which only about {$350.00} are being applied to the principal loan. 
H. The Corporation does acknowledge that I completed the trial period and payments in their correspondence informing me that I had been approved for a full modification. I would be sent a modification contract, and you can read much of the back and forth with the names and the notary issues, and the forced assumption, etc. above. However, finally, a document was sent in which I could legally have my own name signed and the process completed, which was done, and all was complete. 
I. At that same time, I began to receive a different type of correspondence demanding that I include my former spouse or my new spouse, and the names that were on the documentation were not even mine, spelling my name " XXXX '' and still addressing the materials to XXXX XXXX, my ex-spouse of nearly a decade who has had no claim to the property since XX/XX/XXXX due to divorce decree and Quit Claim Deed. 
J. XXXX XXXX XXXX XXXX has no known local or regional offices, but contract several organizations to threaten and/or lead the forclosure processes, come to homes and look in windows, photograph and film inside and outside of properrty through windows, certainly invading privacy, hanging tags to call, notaries, and individual persons who have even approached our then XXXX year old son ( XXXX years old as of XX/XX/XXXX ) to ask him questions about our home, who lived there, and so on. My son was able to describe the man as having " peach skin '' ( XXXX ), dark hair, and " younger than you Mom! '' He said that he drove up in a gold/tan SUV similar to one that we own, and I myself have seen that vehicle slow driving around our property with someone taking pictures out of the vehicle windows regularly. 


Actions Requested 1. First and foremost, that these issues be resolved immediately with the proposed actions, consequences, and penalties, a minimum, be sanctioned on The Corporation and Ocwen Loan Servicing as a Subsidiary. 
2. That Ocwen Loan Servicing re-approve the loan modification for my home, but that all processes are completed directly by the HUD office, and that all information is correct, and that NO FRAUD, Illegal Actions, Bullying, or other unruly actions continue to take place. 
3. During whatever processes need to occur, that I am not continually fined, penalized, harassed, threatened with foreclosure, etcetera, and that I be provided, in writing, the safety and sanctity of our home. 
4. That the Corporation, and Ocwen Loan Servicing be stripped of any abilities to do any business in Minnesota, loan servicing in Minnesota, and prayerfully any other States, and that they be penalized to the highest and most stringent points of local, State, and Federal law for their fraudulent, harassing, harmful, unprofessional, and simply un-American making of homeless families as generous financial benefits to their Corporation and subsidiaries. 
5. That Ocwen Loan Servicing be investigated for using a " balloon-style '' scheme that raises HUD approved rates to the maximum, and even beyond based on formulary, to increase revenue. I ask that the investigation include the investing or " hiding '' of these and other monies from their schemes being kept " off shore. '' 6. I propose that the Corporation and/or Ocwen Loan Servicing IMMEIDATELY be forced to pay all fines, fees, excess funds paid, funds that have been inaccurately charged, taken, unaccounted for, etc., since XX/XX/XXXX, the start of our mortgage. 
7. I ask that I be releaased from being serviced by Ocwen as soon as possible, with all actions, sanction, penalties, and punishments being placed on the Corporation to the highest extent.

8. I ask that Ocwen Loan Servicing be forced to clean nmy mortgage records to be truthful, have sole ownership, follow HUD requirements, State, Federal, HUD, and Commerce laws and regulations.

9. I ask that all overpayments and/or payments that were benefited to the Corporation via their " balloon-style '' and other methods that were misappropriations of " THE PEOPLE 'S '' funding be returned to myself and others that are found to have been affected, and that all Escrows, Mortgage Fees, Escrows, Taxes, etc., be paid by Ocwen and/or the Corporation through the legnth of this process, and for a minimum of five years after. 
10. More fairly would be the forcing of Ocwen and its Parent Corporation to pay for the home in full, return all funds to HUD that belong to HUD, and re-build our home at or above the assessed level or {$650000.00}, whichever is more. If more is needed to do the work, then that amount should be used, and should include the replacement of all furniture and other items, including stored keepsakes from my husbands many deployments around the world that could have been saved should Ocwen have cooperated and kept their promises, not committed fraud or retaliation for reporting fraud. 
11. I propose that all financial loss from the sewage/septic damage, the refusal to release the checks for payments for services, the refusal to allow services ( listed in their retaliation response included in packet ), and all loss be charged completely to Ocwen and/or the Corporation, and due to the time that has passed, and the likelihood of the need for complete demolition and reconstruction ( aided by ReBuilding Together MN for military families with disabled members that are also low income ). I request that our home be assessed by a County and/or State assessor, that our home be demolished and re-build to that assessed value or above ( estimated {$500000.00} post re-model ; {$350000.00} prior to re-model with no " true '' assessment, only estimated value. at or above the newly assessed value post re-model just prior to the septic issue. Though some work has been done to make the home livable, work has been slow and often halted due to lack of funds to pay because of Ocwen 's refusal to release the dual signature check. Come on, would you want to spend the rest of your life in a house that has been partially or wholly sitting in raw sewage for nearly six months?

12. I put forth that all items, furniture, toys, all items lost ( records and photos available ), as well as the time that we were out of home, etcetera.

13. I put forth that Ocwen Loan Servicing and/or The Corporation be forced to pay for all fees, loss, tax, potential growth, etc. From having to take out every cent of my son 's College fund to pay for at least a home to sleep in, as well as the need to use an " alternative loan '' method to pay for some of the costs that has now lost us more funds, and is consuming what little we have, including the vehicle that we used as collateral.

Additionally, it has been brought to my attention that Ocwen Loan Servicing or it's " Parent Company '' holds my loan, but rather another company, which is believed to be related or a fiduciary to the Corporation, " Parent Company '', or Ocwen itself. The information is limited, vague, and has come with only a postcard 's worth of information sent nearly a year ago.

In many ways, I believe that Corporations such as this one feel the " bravado '' to take advantage of people that are " low income '' or going through difficult times, because they believe they are " smarter, wiser, better, etc. '' However, as a fairly successful dual-PhD trained advocate for American justice in nearly every arena, this is just one Militaray Spouse, Mother, Christian, Minnesotan, and United States Patriot that is standing up with NO FEAR! 
Finally, until these many issues are rectified, there should be a NO PENALTY, NO INTEREST, NO FEE STAY on the mortgage, and also a review into any other activities that may have violated the consumer, other consumers, and the law. 
This portion of the letter was submitted to Ocwen electronically, via signature-required mail, and via direct e-mail, on XX/XX/XXXX. It is critical that there is recognition that it has been received. 
There are far more issues that will be identified here, and then the proposed actions, penalties, and punishments against this Corporation that has no place in our American civil society. 

Sincerely, XXXX XXXX XXXX XXXX XXXX CC Office of the Attorney General for the State of Florida, The Honorable XXXX XXXX United States Housing of Urban Development Fraud Investigation Department United States Office of the Inspector General, the Honorable XXXX XXXX XXXX United States Office of the Attorney General, the Honorable XXXX XXXX. XXXX President of the United States, Donald J. Trump

Company response to consumer: Closed with explanation