Consumer complaint received 2018-03-21
Company: Ocwen Financial Corporation
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
We have been fighting with Ocwen for years. In 2017, Ocwen filed a suit to quiet title to our home in an effort to foreclose on our home. They did this at a time when I was debilitated by illness the entirety of 2017. 

We were fighting them Pro Se. Because I was in and out of the hospital, I contacted Ocwen 's counsel, XXXX XXXX of XXXX XXXX. I informed her that my dad passed away and that I was unable to reply. She used this as an opportunity to file a motion for summary judgment without informing the Judge of why we could not reply. 

We got a letter of notice to sell under power from Ocwen 's Counsel and a  foreclosure letter. The foreclosure letter said we had 30 days to dispute it. We did and Ocwen foreclosed on our home anyway. 

This is after the harassed us time and time again. The truth in lending disclosure was not the truth. We got an FHA Short refinance loan. To qualify for this loan we had to owe more on our home than it was worth. Unbeknownst to us, we did not qualify for this loan but they gave it to us anyway. 

They performed 5 appraisals and only gave is a copy of one that stated our home was worth {$310000.00}. 

The statements from XXXX prior to the refi showed our principal balance as {$250.00}, XXXX. So why did XXXX have the payoff amount for our loan as {$320.00}, XXXX? 

Why did XXXX say that they paid XXXX {$320.00}, XXXX? 

Because the Truth in lending disclosure gave us a loan that actually increased our payment and principal balance instead decreasing it as this was the reason we did the refinance, we should not be beholden to this. 

What they did was strip our equity and left us in a worse position than what we were in, to begin with. 

We requested a rescission and the accurate TIL disclosure had not been given to us prior to our request and therefore, we are not beholden to a loan that actually stole our equity and set us up to default so Ocwen could file an FHA claim in spite of us not being qualified for the loan. 

Our loan is a violation of the False Claims Act and we want to file a Qui Tam action regarding this matter and we want the loan dissolved. 

We have the GA Department of Banking and Finance working on Ocwen 's escrow violations and the FDIC are working on the fraudulent origination disclosures. 

We were offered and accepted a loan with a principal reduction. Instead, they stole our many and increased the principal by {$32000.00}. 

We did not qualify for an FHA short refinance. Our principal, as aforementioned was not more than our home was worth. However, XXXX and XXXX worked together to make it appears as if it was. They used our market price of appraisals as the loan amount instead of the principal. 

The {$310000.00} which is a sum total made up of the original loan amount and the loans they paid off during the refi origination. It is also the amount they claimed our home was worth. While claiming our loan principal was {$320000.00}. These entities used fraud to make our loan fit into the FHA short refinance for people with negative equity. We were not but they wrote it us as such so they could take as much money as they could before forcing us into default, As a result, they would get our money, file a hud claim for a defaulted loan, then foreclose and take all the proceeds. 

They did this in an effort to qualify us for a loan we did not qualify for to steal at least {$60000.00} of our equity. Then tacked on an extra {$32000.00} dollars onto our principal when they told us that we were having our principal reduced. Who would take out a loan to increase their debt with no gain? We were having financial problems, why would we set up a loan that would add to that problem not fix it?

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