Consumer complaint received 2019-03-26
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I am being forced to file this Complaint because Ocwen Loan Servicing, LLC, hereinafter referred to as Ocwen, refuses to abide by the Fair Debt Collection Practices Act, hereinafter referred to as the FDCPA and the California Fair Debt Collection Practices Act, hereinafter referred to as the Rosenthal Act. I took out a loan with XXXX XXXX XXXX XXXX on XX/XX/XXXX. Due to a financial hardship in the Summer of XXXX, I fell behind in my scheduled monthly payments. While in default an Assignment of Deed of Trust was executed on XX/XX/XXXX that purportedly granted all beneficial interest in the debt to XXXX XXXX XXXX XXXX XXXX. At the time this assignment was executed, the debt was contractually due for the XX/XX/XXXX payment. While still in default and due for the XX/XX/XXXX payment, the debt was purportedly transferred or assigned again to XXXX XXXX XXXX XXXX XXXX as Trustee for a Trust on XX/XX/XXXX. At that time, I had no knowledge these alleged transfers took place. On or about XX/XX/XXXX, I received a letter from Ocwen informing me that the servicing of my debt obligation was being transferred to them effective XX/XX/XXXX. At the time Ocwen purportedly acquired the mortgage servicing, the debt was contractually due for the XX/XX/XXXX payment. Over the past two years, I have learned that pursuant to the FDCPA and the Rosenthal Act, Ocwen and XXXX as Trustee are " debt collectors '' and not " creditors ''. They are attempting to collect on the debt and due to non-payment are threatening to proceed with a nonjudicial action to dispossess me from my home without the legal right or authority to do so in violation of 15 U.S.C. 1692f ( 6 ) and California Civil Code 1788.17. Despite numerous letters to them, they have failed to validate the debt and have failed to provide me with any documentation to demonstrate they have the legal ability to attempt to collect the debt, collect the debt, or enforce the power of sale contained in the deed of trust. In fact in a XX/XX/XXXX letter to me, Ocwen acknowledged that is no one single owner of the account and that XXXX does not own the account. In reading the newly published U.S. Supreme Court ruling on XXXX XXXX XXXX and XXXX, XXXX, the Court confirmed that if a consumer disputes the debt and the amount owed, a debt collector must " cease collection '' until it " obtains verification of the debt '' and mails a copy to the debtor. Verification of the debt does not mean a copy of the loan documents. Although I have taken legal action against them, they have not stopped their collection and enforcement activities. I am filing this Complaint to make the CFPB aware of their wrongful and illegal actions. The California Supreme Court has confirmed that a borrower is not entitled to pay an entity that is without the legal right and authority to collect and is enforce. In California only a creditor, or an agent of the creditor, may attempt to collect a debt or collect a debt and/or initiate and complete a foreclosure action. Based on information and belief, I believe Ocwen and XXXX are not creditors nor are they representatives of my true creditor. Falsely representing that the foreclosure documents are legal process is prohibited and misleading and is in violation of California Civil Code 1788.16. Ocwen and XXXX are engaging in acts that are causing substantial harm not only to me but to California consumers and taxpayers. They are continually attempting to collect a debt that is not due or owed to them. Immediate action must be taken to stop them from engaging in unfair competition. Their conduct is unlawful, unfair and deceptive. They are blatantly disregarding the FDCPA and the Rosenthal Act among other federal and state laws they are mandated to abide by. Ocwen and XXXX as Trustee are not exempt from abiding by these statutes and must be held accountable for their misconduct.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation