Consumer complaint received 2018-04-23
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
XX/XX/XXXX To Whom It May Concern : We are assuming you can access all our submitted documents in the courts and banking systems in support of our complaint for your review and response, if not, please dont hesitate to let us know.

Name, address and telephone number XXXX  and XXXX XXXX XXXX XXXX XXXX, XXXX, CA XXXX XXXX 's Phone : ( XXXX ) XXXX   XXXX  Phone : ( XXXX ) XXXX Name and address of the bank involved in your complaint XXXX XXXX & its representative Ocwen Loan Servicing XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX Phone : ( XXXX ) XXXX  Mortgage Loan # XXXX   Names of those you dealt with at the bank, including dates XXXX XXXX  Other Details Attached A detailed description of your complaint.

Attached are legal briefs and summaries describing how XXXX XXXX  and, its representative, Ocwen Loan Servicing has illegally foreclosed on our income producing property when we were current on our loan and without any notice. To date, we have NOT received any reprieve through the legal system because of what we deem as corruption.

SUMMARY OF ISSUES : 1. How can XXXX XXXX, Ocwen, et al. and their representative, XXXX XXXX accept our late payment of XX/XX/XXXX online and keep that XX/XX/XXXX payment and then Foreclose on our Property without notice?

a. When we paid with a manual check for the XX/XX/XXXX because the online system was blocked, XXXX XXXX, Ocwen et.al ONLY returned the XX/XX/XXXX payment. XXXX XXXX   Ocwen, et al. suspense account shows the SAME SUSPENSE BALANCE after the appliedXX/XX/XXXX payment. XXXX XXXX, Ocwen, et al. claimed they were supposedly reviewing newly submitted loan documents for a reinstatement of the loan, or another forbearance modification which never occurred.

b. The crux of XXXX XXXX, Ocwen, et al. case was they returned the XX/XX/XXXX payment and that we were late but they NEVER returned our paymentdoing simple math, the Suspense Account Balance NEVER changed after the XX/XX/XXXX. XXXX XXXX, Ocwen, et al. ONLY retuned the XX/XX/XXXX payment, as the Suspense Balance illustrates.

c. There are laws and cases where banks are prohibited from foreclosure when new loan applications and documents are being evaluated to modify or reinstate loans. However, apparently, it is acceptable for XXXX XXXX and their representatives do as they wish with absolutely no recourse.

2. How can XXXX XXXX, Ocwen, et al. enter into a forbearance agreement with us and our company, while simultaneously maintaining a Notice of Default, when its against the law?

a. Learned that XXXX XXXX, Ocwen, et al. were simultaneously doing the evaluation for another modification while keeping the Notice of Default alive.

3. How can XXXX XXXX, Ocwen, et al. collect our payments over the course of eight ( 8 ) months, though sometimes late but ACCEPTED, during the worse economic downturn since the XX/XX/XXXX, then foreclose on our property?

4. How can XXXX XXXX, Ocwen, et al. foreclose on our property without ANY notice, legal or otherwise?

a. Without due process.

b. XXXX XXXX, Ocwen, et al. ACCEPTED payments over the course of eight ( 8 ) months, though some payments were made late, they were ALWAYS ACCEPTED.

c. XXXX XXXX, Ocwen, et al. did NOT return the XX/XX/XXXX payment.

d. XXXX XXXX, Ocwen, et al. simultaneously maintained the NOTICE OF DEFAULT though we had entered into a forbearance agreement.

If we have contacted the wrong department for our complaint please let us know in your response. Or kindly forward our letter to the correct department.

Yours sincerely, XXXX XXXX and XXXX XXXX

Company response to consumer: Closed with explanation