Consumer complaint received 2017-07-07
Company: Ocwen Financial Corporation
State: NJ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Additional Complaint Addendum TO - XXXX XXXX XXXX XXXX XXXX XXXX ( Main Office ). XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX Under NJ Rev Stat 2A:50-56 ( 2016 ) P. 11 - ( 11 ) the name and address of the lender and the telephone number of a representative of the lender whom the debtor may contact if the debtor disagrees with the lender 's assertion that a default has occurred or the correctness of the mortgage lender 's calculation of the amount required to cure the default.
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The New Jersey Courts required Ocwen Loan Servicing to refile the Notice of Intent to Foreclose with the True and Correct name and address of the Said Lender. Ocwen resubmitted the the requested document and Claimed the lender was XXXX XXXX XXXX XXXX XXXX XXXX NY.
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I Sent a Formal Complaint to the address and after a number of Attempts by the USPS the Item Was Delivered. We also stipulated that if they did not reply that we would Rescind the mortgage and nullify the Contract. It has been over 3 Years since the attempt to communicate with the Lender as stated on the Notice of Intent to foreclose by NJ LAW 2A:50-56.
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In the Last week I have contacted the CFPB and made a number of Complaints including Complaint numbers XXXX ( OCWEN ), XXXX ( XXXX XXXX ) and XXXX ( XXXX XXXX XXXX ).
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On XX/XX/XXXX The CFPB Formal requested the Answer from the our complaint, The Company responded the complaint does not belong to them. ( XXXX XXXX XXXX ) NOTICE OF INTENT TO FORECLOSE STATED THAT THE LENDER WAS XXXX XXXX XXXX XXXX XXXX NY - THUS THIS COMPLAINT SHALL ALSO BE ISSUED TO THEM AS THIS IS A LEGAL REQUIREMENT IF XXXX XXXX XXXX COME BACK AND CLAIM THEY ARE NOT THE LENDER THEN OCWEN HAS COMMITTED FRAUD AND DECEPTION ANLONG WITH UNDER LAW OFFICES AND XXXX XXXX XXXX WE HAVE NOT BEEN ABLE TO DISCUSS OUR ISSUES WITH THE SERVICER WITH THE LENDER AS REQUIRED BY LAW.
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I XXXX XXXX, of XXXX XXXX XXXX XXXX, New Jersey along with my Daughter as Trustee to my financial estate and whom holds full power of attorney, hereby serves you notice of the following complaint [ s ].
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I XXXX XXXX on this day, XX/XX/XXXXhereby request for Ocwen known as the Servicer, and XXXX XXXX as said Lender to examine and respond to all complaints, under the Fair Foreclosure Act, and any other acts including Municipal, Federal and state laws of New Jersey, Florida and New York.
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Whilst this complaint is under investigation and the time given to respond ; you are requested to post a moratorium of foreclosure and delay any activity with any sheriff sale until further notice. ( Currently set forXX/XX/XXXX ) As previously noted in past communications any such delay, failure or other attempt to ignore these complaints shall accelerate any actions prepared. Additionally, The CFPB and other Agencies have duly been notified. A copy of this communication has been submitted into evidence with these said agencies.
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This Complaint also is Against XXXX XXXX XXXX and its Activities on your behalf. We would like to let [ ocwen ] you know we have already filed Complaints against your counsel with the New Jersey Bar. Once all legal proceedings and foreclosure activities are terminated, an Investigation will be conducted independently by the New Jersey bar Association. As such, any replies via XXXX will be deemed tainted and a conflict of interest.
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COMPLAINT One ( 1 ) : XXXX Forced Place Insurance.
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We would like a full investigation, and either a Reduction of costs with regards to forced placed Insurance. In addition to, the consistently increasing cost of insurance that does not cover or replace anything with the property in question. You were requested for an amount that is said to be distributed to XXXX However you have failed to properly disclose if the funds were properly transferred and used for Insurance purposes.
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We have previously requested help from the insurance company and were denied. However, when we approached an independent insurance agency they said you had received a distribution? - However this was not distributed to the homeowner ; why, and to whom?
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Furthermore due to the continuing escalation of the problems faced after Hurricane XXXX the Roof and Guttering and areas around the house, including the Garage have completely collapsed.
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The Roofing Shingles have completely been blown away / stripped off the roof, 90 % occurred from Hurricane XXXX yet even though we felt the full force, you claim that we were not in an area that was affected. This has caused continuous leaks in various parts of the house. Including the collapse of the hallway ceiling, in which we have already fixed and replaced ourselves.
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You have put us in a position where we can not obtain 3rd party insurance because of the problems that already exist which your insurance company does not want to fix. As such we have given up discussing anything with the Insurance Company over the last 5 years, as they are useless and uncaring.
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InXX/XX/XXXX a summer storm destroyed a Kitchen Skylight, which leaked and fell into the home, as homeowner I hired a private contractor and filled the gap left by the collapsing skylight, the leak created cracks in the Ceiling and still have yet to be repaired.
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The Insurance Company said they were not prepared to pay for the issue, because the Fix had already taken place. Under the circumstances it was either that or have a giant hole allowing the elements to run wild inside the house. Yet for some reason a 3rd party insurance system claimed the funds were distributed anyway ( see other complaint ) So the question is why should you have the ability to claim the Insurance charges if they do not provide a service to repair any issues at hand? You have previously chosen a sister company that fails to provide any service and yet charge up to 3 times as much? - Possible Criminal Activity.
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As you have not provided any repairs to the house, resulting in the value to be sharply affected, you [ Ocwen ] and XXXX / XXXX XXXX XXXX XXXX have failed to provide any service or return. Thus we would either request for you to fully repair items that are wrong to be fixed and replaced, thus putting the home into livable and economic prosperity.
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As you [ Ocwen ] are claiming that we owe the costs of insurance [ XXXX et all ], and if we come to an agreement to modify the mortgage, then in your minds eye we have been [ already ] charged for the service in question.
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Furthermore the homeowner never received any payout from the class action lawsuit filed against Ocwen, XXXX et al ; Case No. XXXX Thus in all aspects you still owe 12.5 % of all funds being requested.
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However If you fail to repair, replace and finally get someone to fix those issues then we request 100 % of those funds and charges to be removed. We should not be liable for payment and accept the charges for nothing being done. One has to receive a product or service. Thus you and your insurance company are proceeding to partake in theft, you have received money ( via escrow ) to pay XXXX and others, for them to do nothing when required COMPLAINT TWO ( 2 ) : Intentionally Delayed Court Actions.
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During the 7 year battle within the New Jersey court system at least 3 of those years were beyond the control of the homeowner. Ocwens legal agent and Representative XXXX XXXX XXXX intentionally sat on their hands for over three years. They continued to do nothing. There was such a delay even the court responded with the threat and action of dismissing the case.
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During the period of legal recourse it is the responsibility of the Plaintiff [ which you claim to have been ] ; that indeed the plaintiff had no activity and the court sent many warnings over this time. Failing to respond, the court dismissed the case Due to Lack of prosecution not once byt twice twice. XXXX XXXX XXXX then had to file motions and send representatives to court on multiple occasions increasing legal fees, unnecessarily a burden upon the homeowner. The defendant lost time from work, overtime and caused undue stress.
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If you would have acted properly and on time, we would have never had to go through such action. This was not the only occurrence it happened twice. With one being completely dismissed, resulting in a request to reinstatement.
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Please tell us why we should pay for any of the legal costs, if you or your legal team were not even prepared to take action throughout all these years? We had to spend our time, effort, money and health waiting for you to just answer simple questions and take appropriate actions.
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COMPLAINT THREE ( 3 ) : QUESTIONABLE OCWEN EMPLOYEE ACTIVITY We further wish to complain that you are allowing and accepting your employees to freely give insider information and help foreclosure attorneys. Such as the Use of an Employee called XXXX XXXX XXXX She had worked at your Florida Office then Moved to the Offices of XXXX XXXX.
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We have transcripts from a conversation between ourselves anXXXX XXXX holder admitting she worked for them. What makes matters worse is that she was involved with our own account. We believe this is a conflict of interest.
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As such you are now fully aware of this happening, You had freely supplied her name and information during the discovery process, and we have enough evidence to move a complaint in criminal court.
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However we could come up with an amicable solution. If you work with us on a modification that 's workable and sustainable, under terms agreed by both sides, by virtue of examining any counter offer.
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You are claiming that we owe a total of XXXX Thousand dollars as of this date, for a property valued at just over XXXX  Thousand* in good condition. The Market for this house in this area is between 98 and 110 Thousand in current condition, and lets be realistic here, no one with any right mind, investor or not, will be willing to spend the XXXX  Thousand minimum you are asking at Auction and spend another XXXX  Thousand fixing it.
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If you fail to agree to at least examine any counter offer from US then we reserve the right to continue legal action against Ocwen and XXXX for the foreseeable future either through Criminal, Bankruptcy ( Federal Court ) / and the filing of a separate civil case of Wrongful Foreclosure. This could take years and an additional half a million in costs. This would be a grand total of about 1 Million in losses. As a stock holder I would love to see how fellow stock holders would view this. I would be willing to write and publish an open letter to all stock holders claiming you would rather spend XXXX Million Dollars fighting for a XXXX thousand property.
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NOTE : This would be public knowledge and of public record. This occurrence will be a negative reflection on the title, thus any purchaser considering obtaining a title search shall see such activity and will fail to even agree to any sale above $ 100k. Thus it would be better for you to agree to fixing the issues and reducing the amount owed. Cleaning up the problem and apologizing for allowing your staff and legal representation to corrupt the course of justice, especially after you rehired XXXX XXXX a few years later.
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COMPLAINT FOUR ( 4 ) Improper Actions with XXXX XXXX XXXX  The Forced and Faked Modification If you check your records, that 's if you have been keeping them up to date, you should be in receipt of a Cease and Desist order from us, as you had filed one against us prior. This swap of C & Ds are all concerning a set of emails from one of your representatives communicating with XXXX XXXX XXXX along with being ccd to myself and my daughter XXXX.
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We responded by asking what modification? ; as we had not signed any declaration, nor attempted to signal any intention to modify at that time, As we were still in litigation.
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It also said that you had received payment for the first deposit, yet we had no idea of the existence of such modification and clearly did not set up any type of modification payment plan during this period of time.
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We would like a proper investigation, and explanation of why you and XXXX/Ocwen tried to commit a criminal action, forgery, deposit and got caught doing so. We would like you to find out why your Legal team is clearly faking information for the benefit of your company. We hold the evidence and we have the emails, so you should either work out a favorable solution or if you take further foreclosure action we will start a criminal case against you.
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If we are not satisfied by the outcome of this Complaint will be proceed to file Criminal Court complaints, if you do not properly investigate the contents of this communication. The statute of limitations starts when you proceed with this foreclosure. On an Additional note ; We have already been given the go ahead by the New Jersey Civil Court System that this is a criminal action and would have to file it within the criminal justice system. So we Request you take this complaint Seriously.
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Our question to you is do you want us to conduct such activities On XX/XX/XXXX Followed by a wrongful foreclosure civil case and a Federal Bankruptcy case do go along side it. We have the Case Information Statements and fees on standby. Its your call We also know the Names, Dates, Times and places so Discovery wont be too burdensome on your behalf.
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COMPLAINT FIVE ( 5 ) NON-RESPONSE From Lender XXXX to QWR of NOI The New Jersey Courts requested a proper Second updated Legal notice of Intent to foreclose. The Lender as stated on the Notice of Intent [ NOI } was Contacted via a QWR ( Qualified Written Request ) within the permitted dates allowed by law, as of this date there has been zero contact from the Lender in due course.
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As a part of this complaint filed under all statutes of the Fair Foreclosure Act and the Fair Debt Collection Practice Act, Both at Federal and all statute laws of New Jersey ( Homeowner ), Florida ( Ocwen ) and New York ( XXXX ) ; we once again issue this complaint as an additional QWR written request for a full and valid reply from XXXX XXXX XXXX, titled as lender, on the qualified Intent to Foreclose or XXXX XXXX XXXX XXXX XXXX XXXX We ( as consumer and customer ) - have the right to demand that we have direct communication with the Lender, especially if we have problems and issues with the Servicer [ Ocwen ], so please provide within 14 days the Name and Contact address, Telephone Number, Fax Number and Email Address of the Bank.
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If you can not provide a qualified response as per the Notice of Intent to Foreclose and admit the information you published is wrong, please let the court and the Sheriff of XXXX County know you either made a mistake in completing the Notice Of Intent and that you admit that we [ Homeowner ] were disenfranchised.
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That 's the most honorable thing you can do right now. We could then Go back into court assisted Mediation and sort out this problem.
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If you can not obtain the requested information of the XXXX  as the Lender, please consider this complaint a part of the legal requirement for you to provide the following information : 1 ) The Physical Address details of the Contact within XXXX.
2 ) Account number of our Account at XXXX XXXX, 3 ) Location of the account and which officer looks after the account.
4 ) Who our contact is at XXXX XXXX Name, Department and Location 5 ) What is the XXXX Agents Contact details, Telephone, Fax and Email With these Details we should solve the situation rapidly. Instead of heading back to court for Wrongful foreclosure, which we promise we will file in any attempt to proceed with the continuing foreclosure.
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* The Notice of Intent to foreclose gives the homeowner the right to communicate and resolve any issue, thus we have an issue with Ocwen, its legal Representation and the Bank itself. You are already in receipt of the original letter sent to all parties, if you ignored or lost that letter we recommend investigating your attorney as they received a copy as well.
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We actively communicated with the Lender via the information provided and no response was forthcoming. We reached out to you to provide a go between to the Lender and for them to communicate with us in due course, as a courtesy we would gladly give you an additional 31 days to communicate with XXXX XXXX to obtain a certified letter/ response. We request a certified response from XXXX XXXX within 45 Days from Receipt of this certified communication. ( XX/XX/XXXX ).
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Everyone knows how Loan Securities work now, its no secret and the Bank is n't at a loss in CASH, So as trustee XXXX also has the ability to decided and tell you [ Ocwen ] what you can do, as they hold the power to adjust the rates, costs, prices and values. They also have the ability to forgive any past debts especially in actions like this.
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We are not looking for a free house we are looking for a mortgage that is true to the real value, not the exuberant and vastly increased total of nearly Half a Million US Dollars. caused by your negligence and activity, which started by not accepting a single late payment of less than {$200.00} COMPLAINT SIX ( 6 ) Miscellaneous and Erroneous fees, Service Fees and Interest It has come to our attention that you are charging fees on a regular and ad hoc basis, where as you are charging for services such-as maintenance. Yet the house is occupied and in use, so there is no way you or a 3rd party can be actively doing maintenance on the property, as there has been a person located at the property for the last 28 years and no outside entity has conducted such maintenance to occur.
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In particular in the recent invoice a {$510.00} Dollar Charge consisting of XXXX Maintenance charge, there has been no activity that permits such charges.
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We would like for you to examine and provide proof that shows every single debit charge
that has a 3rd Party attached on the account and that those charges have truly been completed, transferred and actually obtained for the reason of the charges between the dates of inception of this Mortgage. <P/> If you can not provide the Evidence that all 3rd Party / Extended charges have been completed as required, then We claim that some of those charges are misleading and abusive in nature. <P/><P/><P/> COMPLAINT Seven ( 7
) XXXX Foreclosure Moratorium During the course of the court action XXXX XXXX promised to conduct a moratorium of all foreclosures that the bank had interest in. This was published in the Filling of their SEC Report in XX/XX/XXXX.
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More Information can be found in the many pages online at the following URL : Search : XXXX XXXX XXXX XXXX XXXX XXXX The Issue is during this time you continued to proceed with the foreclosure and legal activity. Thus we would like to know if XXXX XXXX had any interest in our Home and the case at bar, and why you did not proceed with following their wishes which were made public?
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Did Ocwen look the other way about this situation? Did your attorney not follow XXXX wishes? If you claim that the moratorium did not qualify for our loan you then clearly admit that XXXX has no Interest in this mortgage ; thus Not the Lender? Is this what you are saying? Thus you are conducting a wrongful Foreclosure.
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Complaint Eight ( 8 ) Abusive Photographers and Trespassing There have been a few close calls with our family and the photographers you use to take monthly images and examinations. one occurrence 2 years ago, my Grandson was playing outside under the trees when we noticed someone stopped out front taking pictures, as you may be aware it is illegal to take photos of minors without permission anywhere, you have to obtain parental consent which we do not.
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On approach he gets into his car ( silver ) and then approaches the driveway ( Trespassing Occurred at this point ), he became agitated and abusive, swearing for us to get out of the way, and that he was acting for OCWEN. I went inside to get my daughters phone to attempt to video him, he said Oh what you going to put that up on XXXX XXXX are you? and drove off at speed.
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The other time my daughter had approached the vehicle that was parked in our driveway blocking her exit, and we said we do not give you permission to enter the grounds and that they were trespassing, and once again the communication was profoundly expletive.
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As such we decided to put up cameras this year to make sure if it happens again and we catch them, we will call the authorities. We consider this harassment, and also attempting to photograph minors without consent is criminal, which you are paying for.
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In a separate incident more recently at least 2 members of the public have attempted to examine the house driving up the driveway and attempting to look around. Please note if further activities continue, we will consider you accepting these occurrences as acceptable ; thus by virtue allowing and supporting further harassment.
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CLOSING Comments Whilst this complaint is under investigation and the time given to respond you are requested to post a moratorium of this foreclosure sale. We request you to delay activity with any sheriff sale until further notice. If you do not delay the current foreclosure sale and n
otify the homeowner byXX/XX/XXXX, we will prepare to file legal paperwork for Wrongful Foreclosure and we will also file Criminal Charges with the local and state Police Departments ( Fraud Division ). <P/>
Failure to respond to all complaints set here in, or ignoring this communication in full or in part and Failure to respond to all requirements as protected under all such applicable laws including contractual law shall be a breach of contract.
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Dates : [ ] You [ Ocwen ] hereby agree to forfeit all claims and contracts If no Action and Reply is forthcoming Certified by USPS ByXX/XX/XXXXthis will automatically be enacted on XX/XX/XXXX. <P/><P/><P/> [ ] This communication / Complaint is being mailed on XX/XX/XXXX - Overnight. <P/><P/> [ ] Ocwen ( You ) shall receive it on the Afternoon of XX/XX/XXXX [ ] You have up to XX/XX/XXXX to stop any foreclosure activity If you require additional time to conduct your investigation You may be
granted additional time for both internal and external investigations only on receipt of a USPS Certified Letter of your activity postmarked Prior to XXXXXX/XX/XXXX.
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[ ] If no action is taken by Ocwen and/or XXXX By XX/XX/XXXX, The Homeowner Rescinds the mortgage and claim you have purposely removed yourselves from the contract, you will have no right to continue a foreclosure proceeding beyond this date.
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[ ] If you agree to investigate and delay the Foreclosure sale you have up toXX/XX/XXXX for Ocwen to Fully Respond to these Complaints in writing. Please note phone calls or emails are not permitted. Only USPS Certified mail will be accepted.
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[ ] If you need Further time you must also contact the Homeowner ( SEVEN ) 7 Days before the Date of any future foreclosure sale, you have the ability to change the date as many times as you so wish to provide the best possible information and proper investigation.
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[ ] Once you have conducted a thorough investigation and the homeowner has received communication from XXXX we will consider this an acceptable outcome. Once we have had the chance to speak to a representative at XXXX XXXX as the said Lender, then we can formally file the Complaint with the Lender and not the Servicer applicable by federal law, we shall then request to hold Mediation in XXXX  New Jersey [ ] We Also Require by XX/XX/XXXX - that you have sent a copy of this complaint to XXXX XXXX and show proof by CCing the Communication to the Homeowner of what you Send { OCWEN }. And wait for a Full reply from XXXX XXXX, if you receive a reply that you shall send the Unedited copy stamped when you received this communication from XXXX to the Homeowner Continued ..
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NOTES and other comments.
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Note : This Communication has also been sent via USPS Certified mailing to the original sender, sealed and secured as Evidence in any further dispute.
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Note : We are willing to go to the press and media, we have already been contacted by a few who are interested and wish to run a story. However we have held off until you attempt to foreclose without fixing all issues at hand.
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Note : You are publicizing that you are conducting a Summer
of Help and Hope, please show us that you mean it by acting in good faith and do as your slogan says Helping Homeowners is what you do. <P/><P/> Note : Furthermore Oc
wen announced it would sell its mortgage servicing rights to XXXX XXXX XXXX XXXX, a wholly owned subsidiary of XXXX. The sale, which includes {$110.00} billion in unpaid principal balance, we would like clarification with a ) did you [ ocwen ] as a part of that sale included any of the interest in this loan and b ) if you did include the sale of rights to this loan, then when did this occur? To continue to act as the servicer you must provide details that this account is still under the contract with Ocwen Loan Servicing and not another party.
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ATTACHED DOCUMENT : THE ORIGIONAL mailing of complaints active

Company response to consumer: Closed with explanation