Consumer complaint received 2017-04-14
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
RIGHT OF RESCISSION 15 U.S. Code Subchapter I - CONSUMER CREDIT COST DISCLOSURE 15 U.S. Code Part A - General Provisions 15 U.S. Code 1611 - Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 

15 U.S. Code Part B - Credit Transactions 15 U.S. Code 1635 - Right of rescission as to certain transactions ( f ) Time limit for exercise of right An obligor 's right of rescission shall expire three years after the date of consummation of the transaction or upon the sale of the property, whichever occurs first, notwithstanding the fact that the information and forms required under this section or any other disclosures required under this part have not been delivered to the obligor, except that if ( 1 ) any agency empowered to enforce the provisions of this subchapter institutes a proceeding to enforce the provisions of this section within three years after the date of consummation of the transaction, ( 2 ) such agency finds a violation of this section, and ( 3 ) the obligor 's right to rescind is based in whole or in part on any matter involved in such proceeding, then the obligor 's right of rescission shall expire three years after the date of consummation of the transaction or upon the earlier sale of the property, or upon the expiration of one year following the conclusion of the proceeding, or any judicial review or period for judicial review thereof, whichever is later. 

( g ) Additional relief In any action in which it is determined that a creditor has violated this section, in addition to rescission the court may award relief under section 1640 of this title for violations of this subchapter not relating to the right to rescind. 

15 U.S. Code 1639c - Minimum standards for residential mortgage loans ( e ) Arbitration ( 3 ) No waiver of statutory cause of action No provision of any residential mortgage loan or of any extension of credit under an open end consumer credit plan secured by the principal dwelling of the consumer, and no other agreement between the consumer and the creditor relating to the residential mortgage loan or extension of credit referred to in paragraph ( 1 ), shall be applied or interpreted so as to bar a consumer from bringing an action in an appropriate district court of the United States, or any other court of competent jurisdiction, pursuant to section 1640 of this title or any other provision of law, for damages or other relief in connection with any alleged violation of this section, any other provision of this subchapter, or any other Federal law. 

15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( k ) Defense to foreclosure ( 1 ) ( 2 ) ( A )

Company response to consumer: Closed with explanation