Consumer complaint received 2019-09-09
Company: Ocwen Financial Corporation
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
We refinanced our mortgage, previously held by XXXX XXXX servicing for PHH mortgage in XX/XX/XXXX. We were given an amount to wire to the closing attorney and this was done the day after the paperwork was filed. The payoff was adjusted the following Monday however the closing attorney/title company made the payment to XXXX XXXXPHH for the original amount, resulting in an overpayment to them in the amount of {$1000.00} plus an overpayment of interest in the amount of {$140.00}. 

The details are as follows : On XX/XX/XXXX the company we refinanced with was provided with a payoff statement from XXXX XXXXPHH. This statement provides the following : Current principle balance : {$180000.00} Interest due through XX/XX/XXXX {$740.00} ( at a per diem rate of {$24.00} ) Recording Fee : {$14.00} Recoverable balance {$11.00} Wire fee : {$25.00} Total Payoff : {$190000.00} Your payoff statement further states : THIS STATEMENT REFLECTS THE TOTAL AMOUNT DUE UNDER THE TERMS OF THE NOTE/SECURITY INSTRUMENT THROUGH THE CLOSING DATE WHICH IS XX/XX/XXXX. 

On XX/XX/XXXX XXXX XXXXPHH was wired {$190000.00}. 

The difference between the amount of the payoff ( through XX/XX/XXXX ) and the amount they were wired is {$1000.00}. Additionally, they applied the funds to our loan on XX/XX/XXXX. This leaves 6 days of interest which would not have been accrued at the per diem rate of {$24.00} for a total of XXXX. 

Neither of these amounts have been refunded to us at this time. In fact, the online system we have for our account with them shows a lot of odd amounts all attributed to " late fees and misc '' on the day the wire for payoff was sent to them. We have screen shots of these but the run down is as follows : The activity of our loan in the online portal shows the following, all for XX/XX/XXXX. 

Payment received : {$180000.00} Suspense Payment received : {$990.00} Misc fees/late charge Payment received : {$990.00} Misc fees/late charge Payment received : {$990.00} Misc fees/late charge Payment received : {$990.00} Misc fees/late charge Payment received : {$640.00} Misc fees / late charge Payment received : {$14.00} Misc Fees / Late charge Payment Received {$25.00} Misc Fees / Late charge The total of these payments is {$190000.00} or exactly {$11.00} less than the actual amount of the wire sent to the mortgage company on XX/XX/XXXX. 

The second issue is our escrow account. As of the last statement dated XX/XX/XXXX as well as the payoff statement dated XX/XX/XXXX our escrow balance was {$6400.00}. No payments of our insurance or taxes have been disbursed from this account and this has been verified with our insurance company and the XXXX Department of Revenue. Within days of the payoff of the loan, our escrow was suddenly reduced to {$3100.00} with absolutely no notation in the activity of where the remaining {$3300.00} went. As the payoff statement indicated that it was the TOTAL AMOUNT DUE and as XXXX XXXX/PHH was already sent well above that amount, we can see no reason within the provisions of the payoff that any escrow could have been used for any shortfalls in the payoff amount. There is no other acceptable reason for our escrow to have mysteriously dropped by this amount with no accounting for expenditure. 

On XX/XX/XXXX a check was issued to us for just under half of our escrow in the amount of {$3100.00} and this is reflected in the activity online. 

Based upon the above, the totals currently owed to us are as follows : Overpayment of payoff : {$1000.00} Overpayment of interest : {$140.00} Escrow refund due : {$3300.00} ======== Total owed to us : {$4600.00} We have been unable to get the company to explain where all of our missing money is. We provided a detailed accounting of the missing funds to them by certified letter and fax on XX/XX/XXXX. We have only received a response indication they received our letter but nothing else. We are turning to you in the hopes that you can assist us in getting them to respond and reimburse us the funds that have been improperly withheld. 

Documentation of the payoff, excrow, amount wired and all other aspects of this complaint have been provided to XXXX XXXX/PHH and can be provided upon request.

Company response to consumer: Closed with explanation