Consumer complaint received 2018-08-22
Company: Ocwen Financial Corporation
State: NJ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
This case is being handled by XXXX XXXX XXXX XXXX in XXXX, NJ DOCKET NO. XXXX XXXX XXXX XXXX XXXX XXXX SOLELY AS TRUSTEE FOR XXXX XXXX XXXX XXXX XXXX MORTGAGE PASS-THROUGH CERTIFICATES SERIES XXXX, Plaintiff/Mortgagee vs. 
XXXX XXXX, ET AL., Defendant ( s ) /Mortgagor ( s ) They are in the process of foreclosing my home. This is a toxic loan and has had several items that have gone wrong. 

We have now received a document from this firm regarding an un recorded Adjustable Rate Rider that will be presented to Honorable XXXX XXXX XXXX, XXXX. Ch. on XX/XX/XXXX. 

I believe that : a 'mortgage ', 'deed of trust ', or 'promissory note ' is a contract. A 'rider ', 'modification agreement ', or 'allonge ' is an amendment to a contract. the contract document must be recorded in order to have the legal effect, any or all amendments would have to be recorded in the same manner for the same reason. 

We should demand the Court to dismiss the foreclosure action because the Note ( was lost/and they replaced it with a loss note affidavit ), the adjustable rate rider was never recorder, therefore, I believe that this foreclosure proceeding can not be instituted upon forged or missing documents. 

The aforementioned documentsclearly false, made up, and materially altered to look genuinesuggest forgery, and equitable relief is not available to a party with unclean hands. We should request the judge to order stay the sale and dismiss the action stated, I believe this should be our defense to the foreclosure. This court can not deny the motion without a hearing. The judge should vacate the order and remand for a hearing. 

I had submitted numerous packages to GMAC, Ocwen, I have made trial payments and my modification was never approved. I have done and complied with all the requirements of the mediation, still the bank came back and said that I did not qualify for a mediation, that they could not offer me a program, but yet, the documentation was not even clear, in order or legit to begin with. How could they even start a foreclosure action against me without having the paper work that allows the lender to do so? 

The adjustable rate does not list the MIN # or the Loan # ( it has been whited out ) it was signed on XX/XX/XXXX and was never recorded? Is this foreclosure enforceable? 
The rider does not have XXXX XXXX 's signature ( This document lacks notary public seal and signature and it was not signed by XXXX XXXX. Again, there is no witness listed in the adjustable rate rider ) The lost not affidavit was clearly tampered with, again, the Loan # is missing ( it has been whited out ) Loan # should be '' XXXX ( dated XX/XX/XXXX ) ( as listed on the lost note affidavit ) and it states on item 3 that " such note was never released, paid off, satisfied, assigned, or misfiled by XXXX XXXX XXXX XXXX XXXX XXXX '' executed on XX/XX/XXXX, XXXX by XXXX XXXX on behalf of XXXX XXXX. 

Mortgage recorded on XX/XX/XXXX fails to list the MIN # and it shows that this mortgage was assigned at least twice before. This mortgage is dated XX/XX/XXXX. Page 12 lists XXXX XXXX as the Notary Public that performed the closing. This document has both XXXX XXXX and XXXX XXXX 's signature. 

The assignment of mortgage recorder on XX/XX/XXXX recorded on book 14464 pg 189 from XXXX/XXXX to GMAC. XXXX XXXX certifies as of XX/XX/XXXX as officers, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX ( from XXXX XXXX XXXX XXXX XXXX ) They assigned a note with unrecorded documents at the time of the assignment. 
XXXX, XXXX, and XXXX signed documents on behalf of XXXX, did they have the right to assign documents in that capacity? or assign the lien on our mortgage? 
was the lien from our mortgage registered on the XXXX system at anytime? 
Was the lien of our mortgage registered on the XXXX system on the date this law firm assigned the lien of the mortgage note to the plaintiff? 

we need to know : What is the relationship between XXXX XXXX client_______ and us? Is the client the servicing agent for the plaintiff? so in fact they do not represent the plaintiff in this case except through its servicing agent? So, except by virtude of representing the servicing agent, they do not formally represent the plaintiff. Do they represent XXXX XXXX? if so we need a copy of a written retainer agreement XXXX XXXX XXXXXXXX This case has been in the hands of XXXX, XXXX, and XXXX - XXXX, NJ followed by XXXX XXXX - XXXX, NJ XX/XX/XXXX Assignment from XXXX to GMAC XX/XX/XXXX Assignment from GMAC to Ocwen XX/XX/XXXX Assignment from Ocwen to XXXX XXXX XXXX Trust Company All of these assignments and transfers were done without a properly recorded rider and with a " lost note affidavit ''. 

Please let help me save my home. The case is being handled by my Lawyers, XXXX XXXX XXXX XXXX in XXXX, NJ. There are so many irregularities with this loan documentation and mistakes made by the servicing agents that makes me afraid for loosing my home. 

We filed for bankruptcy protection and was discharged in XXXX. The bank abandoned these property. I have been harrassed by these lawfirm and they have threatened to foreclose us although they do not have the proper documentation. This has to stop, I feel harrassed, have lost sleep over this ongoing situation that started in XXXX of XXXX. Is there a statue of limitation? I can not understand how this is even possible. I feel as if along the way these loan servicers have made up documents to protect themselves. I have contacted OCWEN to get information about mortgage insurance as we had flood issues in the house, mold is growing in our walls, we had a roof leak, water damage and the servicer refereed me to my lawyer and did not provide me with the insurance company information nor the tel # or policy number to open a claim. 

I had made trial payments - my documents for modification were never approved ( back in XXXX I applied for a mediation program - we were on mediation this past year for over the course of a year. I complied with all their requirements and the bank said that there was no available program for us. that we do not qualify for any of their program. 
Now they give me documents that clearly states that they do not have a recorded Adjustable Rate Rider? How where they able to start a foreclosure without proper documentation? Please help

Company response to consumer: Closed with explanation