Consumer complaint received 2018-02-28
Company: Ocwen Financial Corporation
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Texas Department of Savings and Mortgage Lending XXXX XXXX XXXX, XXXX XXXX XXXX, Texas XXXX Office of Attorney General State of Florida XXXX XXXX XXXX XXXX, FL XXXX Office of the Attorney General XXXX XXXX XXXX XXXX, TX XXXX United States Securities and Exchange Commission XXXX County Sheriff Office of Consumer Fraud XXXX XXXX XXXX XXXX XXXX XXXX, Texas XXXX Ocwen Loan Services Attention Ombudsman XXXX XXXX XXXX XXXX XXXX XXXX XXXX Flordia, XXXX This is in respond to a dispute sent to Ocwen who requested more time from the CFPB. Ocwen is moving to foreclosure violating Debt Collection Laws, violating Texas Property Laws committing Fraud by not providing the lender of the loan and sending the home to foreclose despite the dispute I have spoken with Ocwen and their Obudsmans XXXX who has informed me they will be moving forward with a foreclosure after filing a dispute under US code moving foreclosure sale scheduled XX/XX/XXXX. I sent a dispute to OCWEN to send the Name, and address of the lender who has the payable deed, promissory note showing the lender. I have only received information ( 1 ) That Ocwen is the servicer ( 2 ) That the lender is a group of investors ( 3 ) that the lender is XXXX as listed in the notice for foreclosure sale, which is fraud due to the loan was sold in XXXX. ( 4 ) Ocwen also has listed XXXX XXXX as listed in the instrument debt and obligation of modifications, liens, and promissory notes. I have not signed any documents with XXXX XXXX. Ocwen has yet to send any proof of who owns the loan. 

I spoke with XXXX XXXX informing her that there is an error in the Notice of Trustee Sale posted at the county. They have XXXX as the lender who sold the loan to XXXX XXXX. XXXX stated that is who they show as the lender. I said that is impossible being they sold it how can that be when my payments were no longer going to XXXX but XXXX XXXX XXXX and XXXX as the servicer. Ocwen is the servicer now and stating the lender is XXXX this is not true and it is a fraud. I am needing some answer and this is a disputed debt. I am demanding the foreclose sale date is remove. Ocwen can provide the information or not an if they can not they must cease and desist. I am not affording them any more time they are to stop this foreclosure which is fraud. 
XXXX XXXX ( 4 ) XXXX XXXX without notifying notes indicating to proceed. 

Ocwen refused to cancel the foreclosure stating they put it on hold internally this is a violation of debt collection laws and Texas foreclose laws. They stated they put it on hold in their internal office leaving the Foreclose in place for XX/XX/XXXX while they do their investigation this is illegal. 


PROPERTY CODE TITLE 5. EXEMPT PROPERTY AND LIENS Sec. 51.002 ( d ) Notwithstanding any agreement to the contrary, the mortgage servicer of the debt shall serve a debtor in default under a deed of trust or other contract lien on real property used as the debtor 's residence with written notice by certified mail stating that the debtor is in default under the deed of trust or other contract lien and giving the debtor at least 20 days to cure the default before notice of sale can be given under Subsection I was not given 20 days from when you filed for foreclosure to cure the debt. You just sent me a notice of foreclosure sale and posted the home for sale before the 20 days were completed. 

( b ). The entire calendar day on which the notice required by this subsection is given, regardless of the time of day at which the notice is given, is included in computing the 20-day notice period required by this subsection, and the entire calendar day on which notice of sale is given under Subsection ( b ) is excluded in computing the 20-day notice period.

( e ) Service of a notice under this section by certified mail is complete when the notice is deposited in the United States mail, postage prepaid and addressed to the debtor at the debtor 's last known address. The affidavit of a person knowledgeable of the facts to the effect that service was completed is prima facie evidence of service.

Sec. 51.0075. AUTHORITY OF TRUSTEE OR SUBSTITUTE TRUSTEE. ( a ) A trustee or substitute trustee may set reasonable conditions for conducting the public sale if the conditions are announced before bidding is opened for the first sale of the day held by the trustee or substitute trustee. 

( b ) A trustee or substitute trustee is not a debt collector.

Please note according to Texas 51.0075 a trustee or substitute trustee is not a debt collector. XXXX is listed as a debt collector and so is XXXX, XXXX is listed as a debt collector. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation