Consumer complaint received 2023-04-26
Company: Ocwen Financial Corporation
State: NC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Please help us to pay off our note amount to XXXX XXXX ( XXXX since XXXX ) that Ocwen is holding hostage for DOUBLE the note amount. 

Ocwen 's own 30b6 deponent testified they don't own the note and that they manufactured the default, yet they are demanding TWICE the note amount to redeem/payoff. 
Ocwen has been tormenting us for more than 10 years. We never missed a payment we just wanted Owen to adhere to step down provisions of our note. Instead, from XXXX they rope a doped us into multiple modification schemes requiring huge downpayments, followed by foreclosure threats after successful trial periods, eventually accelerating our note on XXXX XXXX XXXX - despite being months ahead on payments at the time. They began refusing payments beginning in XXXX XXXX and have refused to allow us to payoff the note amount. They were found repeatedly to lack standing from XXXX -- until XXXX when they switched to an older contract not in place at the time of acceleration and successfully claimed we never missed a payment but paid the " wrong amount. '' North Carolina is a non judicial state so the only option to fight wrongful foreclosure is to bring a separate suit on " any legal or equitable grounds '' - which we did, surviving a motion to dismiss action by Ocwen. Our attorney ( XXXX XXXX of XXXX XXXX XXXX XXXX ; XXXX ) found in the course of legal and forensic research, Discovery provided by Ocwen, and by deposing Ocwen employee XXXX XXXX that : a. their own discovery notes and XXXX 's deposition show we DID NOT DEFAULT. ( discovery and deposition sent under separate cover ) b. They created and robo signed allonges separate from any note and many years after any alleged transaction to give the appearance of standing. ( XXXX 's depo described a " mass swearing in '' before they sign- with no notes present/attached ) c. The alleged " trust '' ( Renaissance Trust 2007-1 which was part of the 16B DOJ settlement against XXXX ) does not exist/never registered w/IRS as trust. ( IRS info sent under separate cover. ) d. The loan does not appear in the trust or on any other balance sheet and was removed from the credit bureau in XXXX. ( original lender XXXX XXXX went Bk in XXXX ) e. More than 50 examples of accounting fraud/malfeasance/incompetence including using bogus " Esrow shortages '' and no less than 6 theories of default used ( and debunked ) to justify foreclosure. IN XXXX XXXX XXXX taunted my lawyer in court that he " should have sued for accounting fraud. '' ( Accounting examples sent under separate cover ) However, in a MSJ hearing the judge said we were prohibited from presenting our findings in a court of law because of " Res Judicata '' - even though evidence of these claims has never been presented or the evidence examined in court due to the non-judicial nature of previous hearings. While this finding will likely ultimately be overturned, we would like to end this by paying off the note. 

Ocwen 's own 30b6 deponent testified they don't own the note and that they manufactured the default, yet they are demanding TWICE the note amount to redeem/payoff. 
Ocwen has been tormenting us for more than 10 years. We never missed a payment we just wanted Owen to adhere to step down provisions of our note. Instead, from XXXX they rope a doped us into multiple modification schemes, eventually accelerating our note on XXXX XXXX XXXX. ( we were 2 months ahead on payments at the time ). They refused all of our payments beginning in XXXX XXXX and have refused to allow us to payoff the note amount repeatedly through the years. They were found repeatedly to lack standing from XXXX -- until XXXX they switched contracts and successfully claimed we never missed a payment but paid the " wrong amount. '' North Carolina is a non judicial state so the only option to fight wrongful foreclosure is to bring a separate suit on " any legal or equitable grounds '' - which we did, surviving a motion to dismiss action by Ocwen. Our attorney ( XXXX XXXX of XXXX XXXX XXXX XXXX ; XXXX ) found in the course of legal and forensic research, Discovery provided by Ocwen, and by deposing Ocwen employee XXXX XXXX that : a. their own discovery notes and XXXX 's deposition show we DID NOT DEFAULT. ( discovery and deposition sent under separate cover ) b. They created and robo signed allonges separate from any note and many years after any alleged transaction to give the appearance of standing. ( XXXX described a " mass swearing in. '' before they sign- with no notes present/attached ) c. The alleged " trust '' ( Renaissance Trust 2007-1 which was part of the 16B DOJ settlement against XXXX ) does not exist/never registered w/IRS as trust. 
d. The loan does not appear in the trust or on any other balance sheet and was removed from the credit bureau XXXX XXXX. ( original lender XXXX XXXX went XXXX in XXXX ) e. More than 50 examples of accounting fraud/malfeasance/incompetence including using bogus " Escrow shortages '' and no less than 6 theories of default used ( and debunked ) to justify foreclosure. ( Accounting examples sent under separate cover ) However, in a MSJ hearing on XX/XX/XXXX, the judge said we were prohibited from presenting our findings in a court of law because of " Res Judicata '' - even though evidence of these claims has never been presented due to the non-judicial nature of previous hearings. While this finding will likely ultimately be overturned, in the interim we would like to just payoff the note. 

Even though their own 30b6 deponent testified they don't own the note and that they manufactured the default, they are demanding TWICE the note amount to redeem/payoff. Our note amount was XXXX - as of XX/XX/XXXX they want XXXX! In Ocwen 's typical lack of accounting veracity, the amount keeps going up in XXXX increments every couple of weeks ) We are willing to quit fighting these criminals and let them walk away with a windfall of the note amount but that isn't enough for them- they want to strip us of all equity as well. Ocwen 's latest attorney, XXXX XXXX of XXXX XXXX, ( there have been many ) stood in the well of the court and SCREAMED at the top of his lungs at the judge 's suggestion that we settle that he would " NEVER EVER EVER SETTLE, '' claiming he would take it to the Supreme Court before he settled with us. ( Really ). When the judge asked him where he got the note he basically replied that it doesn't matter, because they won. 
ALL WE ASK is to pay the note amount and end this decade long battle. ( during which Ocwen 's henchmen have tormented us not just inside the courtroom but by continually breaking into our home, XXXX XXXX XXXX and XXXX me at my place of employment, and even coming to our XXXX XXXX XXXX. ) They would rather SPEND another XXXX than RECEIVE XXXX to just end this nightmare. Why? Given they own nothing, XXXX is a nice windfall. 

We are willing to drop all legal measures and end this permanently. Just let us pay the note amount and we will be gone forever. That seems pretty reasonable. 

Thank you for your attention to this matter, 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