Consumer complaint received 2018-02-14
Company: Ocwen Financial Corporation
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Texas XXXX Loan Office of Attorney General State of Florida XXXX XXXX XXXX XXXX, FL XXXX Office of the Attorney General XXXX XXXX XXXX XXXX, TX XXXX United States Securities and Exchange Commission XXXX County Sheriff Office of Consumer Fraud XXXX XXXX XXXX XXXX XXXX XXXX, Texas XXXX Ocwen Loan Services Attention Ombudsman XXXX XXXX XXXX XXXX XXXX XXXX XXXX Flordia, XXXX The letter is a letter of disputed debt unded the 15 U.S. Code 1692 validation of debt. The letter is also regarding Foreclosure Fraud and Texas Status of limitation. I am asking Ocwen to provide proof of who the mortgage company not the trustee, which is XXXX. I am aking for the name of the actual mortgage company as I have asked in this letter sent to Ocwen, which was never revealed. Ocwen has a forecloser on my home schedule for XX/XX/XXXX. As noted in the US Code I have a right to know the name of the company that this debt is owed. Ocwen seems to only record XXXX XXXX   as the bank for the loan. I have never done business with XXXX XXXX or for that matter Ocwen. I am asking for Ocwen to produce the Name, Address of the Mortgage company that they service. I am asking for the mortgage company to be produce as paid in recourse on the Promissory note and deed, with the stamp date of sale and signature on the promissory note. status of limitation ( b ) DISPUTED DEBTS If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the  original creditor. 

Ocwen acknowledges in their letter sent to the CPFB XX/XX/XXXX they do not know the originator of the Promissory note. They content that the original note holder is XXXX as the mortgage company and XXXX XXXX as the trustee. There is no way this can be, and if so this is a retroactive trust, which is Foreclosure Fraud which is illegal. Please note the transfer of assignments. The According to debt collection laws, as stated above if you do not know you shall cease collection of the debt or any disputed portion thereof. 

In the notice of acceleration letter dated XX/XX/XXXX Ocwen list there address as the mortgage company XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, Fl. Ocwen states the servicer is authorize to represent the Mortgagee. This is the issue who is the Mortgagee they are representing. I have asked this question several times and with no answer from Ocwen as you can see in their letter. Ocwen has created fake transfers of assignment to take possession of my home. How I know the transfers list OCWEN only and they are retroactive to an old trust. Not only that, the transfers were done 2 years after OCWEN states they took over the Loan. In XX/XX/XXXXOcwen was not allow to do any transfers due to Illegal activity Fraud.

I am not the only person they have done this to using the back mortgage trust as the Mortgage company this is illegal. They can not retroactive a mortgage agreement. XXXX does not even have the transfer of assignment from the sale of XXXX. This loan was a fraud form the start and Ocwen knows it there are so many companies listed in the XXXX  system with the address of my home, and it shows a company that has the mortgage, but the issues is I never signed a contract or done business with the company. 
I have no new information showing any other mortgage company since XXXX who were taken over by the FDIC Federal Government for Fraud Foreclosures and Mortgage loans. I have checked the XXXX system that shows this loan has been sold so many times that the deed is now cloudy. Ocwen sent a transfer of deed, which is void due to the recording shows XXXX. This is a violation of the RESPA laws of 60 days. 
Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2006-B, Home  Equity Mortgage Loan Asset-Backed Certificates Series INABS Status of limitation Under Texas laws of status of limitation foreclosure laws Ocwen has lost their right to a non-Judicial foreclosure under these laws. Ocwen stated in the letter provided dated XX/XX/XXXX the home was in an active foreclosure since XX/XX/XXXX, if this is the case and Ocwen did not implement the foreclosure the status is pass. Under Texas laws if a Non Judicial foreclosure sale has not taken place within four years the home can not be foreclosure via a Non Judicial foreclosure.

Texas Civil Practice and Remedies Code - CIV PRAC & REM 16.035. Lien on Real Property 1.

2. ( a ) A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien not later than four years after the day the cause of action accrues.

3. ( b ) A sale of real property under a power of sale in a mortgage or deed of trust that creates a real property lien must be made not later than four years after the day the cause of action accrues.

4. ( c ) The running of the statute of limitations is not suspended against a bona fide purchaser for value, a lienholder, or a lessee who has no notice or knowledge of the suspension of the limitations period and who acquires an interest in the property when a cause of action on an outstanding real property lien has accrued for more than four years, except as provided by : 5. ( 1 ) Section 16.062, providing for suspension in the event of XXXX  ; or 6. ( 2 ) Section 16.036, providing for recorded extensions of real property liens.

7. ( d ) On the expiration of the four-year limitations period, the real property lien and a power of sale to enforce the real property lien become void.

8. ( e ) If a series of notes or obligations or a note or obligation payable in installments is secured by a real property lien, the four-year limitations period does not begin to run until the maturity date of the last note, obligation, or installment.

9. ( f ) The limitations period under this section is not affected by Section 3.118, Business & Commerce Code.

10. ( g ) In this section, real property lien means : 11. ( 1 ) a superior title retained by a vendor in a deed of conveyance or a purchase money note ; or 12. ( 2 ) a vendor 's lien, a mortgage, a deed of trust, a voluntary mechanic 's lien, or a voluntary materialman 's lien on real estate, securing a note or other written obligation.

I HAVE NOT PAID ANYMONEY TO OCWEN NOR XXXX XXXX. OCWEN STATED THE HOUSE WAS IN FORECLOSURE IN XX/XX/XXXX THAT MEANS ACCORIDNG TO THE LAWS ABOVE THEY CAN NOT FORCLOSE USING A NON JURICIAL SALE Loan of Securitization Please note the loan is a loan of securitization Ocwen has obtain the loan through a seller market know as XXXX. Ocwen does not hold the promissory note to the home XXXX XXXX XXXX XXXX XXXX The Loan originated via a broker who solicited low income individuals with credit scores below 600. The process is know as Securitization. The broker sales to the market Warehouse of banks MER and XXXX XXXX at the time and later purchased by XXXX XXXX- ( XXXX-based XXXX agreed to purchase XXXX in XX/XX/XXXX for {$14.00} per share ) XXXX supposedly sold this loan around XX/XX/XXXX to XXXX servicer and XXXX XXXX XXXX XXXX I never received the transfer. I learn all of this by research. 
XXXX goes out of business and now XXXX comes in for the foreclosure of the loan this is pure securitization. The promissory note must has the original signature, which OCWEN has stated they do not own the loan they just service the loan with that you can not foreclose on my home. The trustee which is a substitute for XXXX XXXX has stated they do not own the promissory note. XXXX XXXX it seems do not hold the original promissory note due the loan seems to have been transferred from Ocwen. 
13. Ocwen states I was behind on my payments. Not true there was a plan in place by XXXX as stated in Ocwen Letter. Ocwen stopped taking payments and requested a modification. This was not obtainable due to Ocwen continuing lost of paper work or stating they were missing documents.

14. Ocwen asked me to reapply for the loan and denied the loan stating it was more then 90 days pass due and that is why they could not obtain a modification. I explained to Ocwen per your letters in XX/XX/XXXX the loan was pass the 90 days. Ocwen asked me to reapply. XX/XX/XXXX.  Ocwen stated the house was in a foreclosure status when they obtained the loan in XX/XX/XXXX, if this is the case they have missed their right to a non judicial foreclosure sale it past the status 16. After much research I realize the loan was a Fraud after Ocwen nor XXXX XXXX  does not appear on the promissory note or deed. Ocwen attached the trust to a retroactive trust XXXX XXXX whom purchased XXXX. DOJ filed a complaint regarding XXXX XXXX see below. 
17. The mortgage company in the MERS is not somebody I have done business with also the loan has been sold so many times with most of the lenders not even appearing on the promissory note in Mers. This is racketeering, and a loan of securitization. 
https : XXXX I have asked Ocwen and XXXX to cease and desist they are not on the deed or the promissory note. I am demanding the sale date of XX/XX/XXXX is removed due to they do not have the correct documentation showing they are the owner of the property. 



Violation of Texas Foreclosure Procedures Ocwen did not notify me of a FORECLOSURE date on my property until after XX/XX/XXXX. I received notice from a source that my loan was in FORECLOSURE and posted at the County courts forsale. Without receiving a demand letter, or a certified by mail letter. 
Once again as of XX/XX/XXXX Ocwen filed for foreclosure on the property without show who is the mortgage company name. Ocwen also violated Texas Foreclosures laws as it pertains to non-judicial foreclosures not only are they past the four-year status they are committing Foreclosure fraud. 
I have not been notified in writing as of XX/XX/XXXX by first class mail via the mortgage company nor the trustee office, but they have a sale date on the property of XX/XX/XXXX. I am to be certified in writing, before the posting of the property goes up for sale. See information listed in this letter due to this has been happening since XXXX with Ocwen not following the procedures. They not only did not follow the procedures they keep trying to take my home without proof of the mortgage company. 
Fraud Foreclosure. Ocwen Loan Services and XXXX XXXX are violating Texas Foreclosure laws by committing fraud. I have never done business with Ocwen or XXXX XXXX as in contracting on my home. Ocwen in XXXX stated they purchased my loan. When question if they own the Loan they referred back to an old mortgage I had with XXXX as the mortgage on my home. I at that time knew it was a fraud, because XXXX had my loan maybe 6 months to a year before selling the loan. I asked them to provide proof all they can provide is a fraud transfer of assignment in XX/XX/XXXX and XX/XX/XXXX. The transfers are fraud. When asking for the name and address of the mortgage company they provided XXXX XX/XX/XXXX as the back trust. I knew something was wrong being I never done business with XXXX XXXX. In my research what I learned is XXXX XXXX purchased XXXX in XX/XX/XXXX way after my loan had been purchase. Then i notice this is retroactive to a prior trust this is fraud. There is no where on the deed of trust or the promissory note that shows I have done business with this company. 

f a Mortgage Assignment is dated, notarized and filed in a year after the year set forth in the name of the grantee trust on the Assignment, it is actually an Assignment specially, and in many cases, fraudulently, made to facilitate foreclosures. 

These Specially-Made Assignments have created havoc in the courts. In many cases, the Specially-made Assignments are dated AFTER the foreclosure action has been initiated, making it appear that the Trust somehow magically knew prior to the assignment that it would acquire the defaulting property several months after the foreclosure action was initiated.

Repeatedly, courts have asked Trustees to explain why they were acquiring non-performing loans and whether such acquisition was a violation of the trustees fiduciary duty to the Trust. No Trustee has ever come forth and explained that the Trust actually acquired the loan years before the Assignment. As a result, there are many decisions with observations similar to this observation made by XXXX XXXX XXXX XXXX of XXXX County, New York, in XXXX XXXX v. XXXX, 21 Misc. 3d 1124 [ A ] :  Further, according to plaintiffs application, the default of defendants XXXX and XXXX began with the nonpayment of principal and interest due on XX/XX/XXXX. Yet, four months later, plaintiff XXXX was willing to take an assignment of the instant nonperforming loan. The Court wonders why XXXX would purchase a nonperforming loan, four months in arrears? 

And in XXXX XXXX  XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX XXXX, XXXX, New York, Index No. XXXX/XX/XX/XXXX ( XX/XX/XXXX ) : The information provided explains what Ocwen and XXXX is doing. This is Foreclosure Fraud and they do not own the property. I could not understand why I was unable to obtain a modification the reason is the plan was in place when I purchased my home to foreclose the property.

Next Ocwen has miss the Status of Limitation in the State of Texas to file a Non Judicial foreclosure, which is four years in Texas. Ocwen stated in their letter that the home was in foreclosure in XX/XX/XXXXthat means the stature has passed. 
I am asking Ocwen to provide the name address, and phone number of the company that has the mortgage. The XXXX system shows about 20 different companies with this same home loan. This is impossible being I never done  business with the companies listed in XXXX.  XXXX XXXX shows as the last active account and I have no idea who they are and never received any information on the company. Next, Ocwen only can provide some fraud transfer of assignments dated XX/XX/XXXX way pass the RESPA laws of 60 days. In the transfer it states C/O for XXXX bank. That does not make it legal. I am asking Ocwen to provide the name of the Mortgage company, reveal the names of the group of investors and phone numbers. Ocwen even stated in their letter sent they were not around for the origination of the loan, therefore they have not knowledge of the original loan. You have violated the Debt Collection law if you can not prove the Debt you must cease and desist. Under the Debt collection laws. Also Ocwen never wrote my business. Texas has band Ocwen from doing any new business. I have informed Ocwen that they do not own my loan or can write any new business.

Continue to file foreclosure without notifying the homeowner via certified mail.

Contacted Ocwen on XX/XX/XXXX and spoke with Ocwen Escalation manager who I informed to contact XXXX due to the manager stated he saw no foreclosure date on the property. When contacting XXXX they stated there was a sale date on the property and Ocwen has not been notified as of yet. The issuer is a violation of debt collection laws and Texas Foreclosure laws. I must have received a current up to date demand letter within 30-60 days given me the opportunity to cure the default. I am at this time disputing the debt. ( 1 ) Ocwen  does not hold the original promissory note. ( 2 ) The process was not followed. ( 3 ) This is a violation of the Debt Collection Laws. ( 4 ) Securitization is illegal. Foreclosure date added again XX/XX/XXXX.0 Transfer of assignments 3-203. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. Ocwen transfer of assignments are voided due to illegal active and fraud the company has committed as listed by the All Fifty Attorney Generals XXXX, Fla.Attorney General XXXX XXXX and Florida Office of Financial Regulation Commissioner XXXX XXXX XXXX today filed a federal civil consumer protection lawsuit against XXXX XXXX XXXX of XXXX XXXX XXXX and its subsidiaries, Ocwen Loan Servicing, LLC and Ocwen Mortgage Servicing , Inc., for mortgage servicing misconduct.  According to the complaint, Ocwen harmed Floridians by filing illegal foreclosures, mishandling loan modifications, misapplying mortgage payments, failing to pay insurance premiums from escrow and collecting excessive fees. 
Ocwen has been band in the State of Texas from writing new business. I applied so many times for a mortification with Ocwen and each time Ocwen found a way not to accept the modification. Ocwen, also stated they gave a modification XX/XX/XXXXand I miss the first payment. This modification was never finalized due to it was an in house modification. I am asking for the transcript of the phone conversation from Ocwen that proves the loan was cancel and resent XX/XX/XXXX after requesting the Hamp II modification that I qualified for.

Ocwen decided not to send the modification in time to make me miss the first payment. As listed in communication to the Attorney General of Florida and the Attorney General of Texas the first class envelope showing when the documentation was sent. I found out later that Ocwen had put an illegal mortification on my home without my signature. I noticed this on the bill and when questioning Ocwen about the modification. Ocwen explained the modification was added to the loan. I asked how can that be without my signature or a verbal agreement between the two of us. Ocwen stated they did not need a signature for them in house modification or a verbal agreement. I find this hard to believe there was no execution of documents this is illegal b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.

When you sign a mortgage note it comes under UCC Article 3. After  securitization, it comes under Article 8. Under US law securitization is illegal because it is fraudulent. Ocwen has sent documentation to the Attorney General office with my name as the signer of the deed with OCWEN as C/O. I do not have any documentation with OCWEN. The document with XXXX  as we know is a fraud along with XXXX who sold the loan years ago. I have no new documentation showing they repurchased the loan and they are the servicers of the loan. I have no new documentation showing that XXXX XXXX repurchased the loan and did a transaction with OCWEN. XXXX sold to XXXX and XXXX XXXX, who did not send a transfer of assignment per RESPA laws. XXXX was seized but The loan was a subprime loan and I have proof. I had to file a bankruptcy in XX/XX/XXXX and the trustee filed many motion to get the correct amount for the loan due to XXXX and XXXX XXXX Bank kept increasing myloan. The attorneys and Trustee filed to obtain the correct loan amount, which took XXXX XXXX XXXX a year to give the correct amount. 
I had no idea my loan was a loan of Mortgage Fraud Securitization. I had no idea this loan was a fraud until I could not secure a HAMP II modification. The denial caused me to look closer into my loan and demand OCWEN provide proof of the loan. The documentation provided were only copies without the originals. Furthermore, the transfer of assignment recording shows 2years after the suppose transfer XX/XX/XXXX. The transfer supposedly took place in XX/XX/XXXX.I will be sending more information regarding the transfer. 

I will be sending in more information to the Attorney General, CPFB, all the attorney generals in the UNITED STATES, on The HAMP II modification and proof. At this time this is a demand for OCWEN to stay away from my deed. This is a demand that OCWEN remove the foreclosure Date. This is a demand that OCWEN provides a promissory note showing they are the originator of the Loan. This is a demand that OCWEN stop violation of the Fair Debt Collection LAW. This is a demand that Ocwen provide proof of the demand letter in the current year with date of certification.

Power of Sale Foreclosure Guidelines If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows : 1. Prior to proceeding with a foreclosure, Texas laws state that the lender must mail the borrower a letter of demand, informing the buyer he has twenty ( 20 ) days to pay the delinquent payments or foreclosure proceedings will begin.

2. At some point after the borrowers twenty ( 20 ) days have expired, but at least twenty one ( 21 ) days before the foreclosure sale, a foreclosure notice must be : 1 ) filed with the county clerk ; 2 ) mailed to the borrower at their last known address ; and 3 ) posted on the county courthouse door.

3. The foreclosure sale must take place on the first Tuesday of any month, even if said Tuesday falls on a legal holiday, but only after the proper preliminary notices have been given. The sale is on the courthouse steps by auction to the highest bidder for cash. Anyone may bid, including the lender, who bids by canceling out the balance due on the note, or some part of it.

Lenders may obtain deficiency judgments, but they are limited to the difference between the fair market value of the property at the time of sale and the balance of the loan in default. 
Transfers and Modifications Please note as to the dispute documentation from Ocwen showing they sent the letter of transfers and it shows in the transfer that I was notified regarding the Section 6 Real Estate along with the transfer. Ocwen seems to States they sent several documentations to my current address the problem are there is no proof of mailing to the address. I have asked Ocwen in writing several times to certify me when mailing documentation. This was put in the dispute letter stamped by Ocwen received on XX/XX/XXXX. Ocwen sent affidavits for the proof of mailing this is not the sam Ocwen seems to have a habit of saying they mailed items, which were not received. I am asking them to provide the proof of mailing. 
FRAUD TRANSFER OF ASSIGNMENT NEED TO BE RESOLVED After asking the question to Making Home Affordable about fraud and modification. I at that time realize the loan was a fraud and contacted the Attorney General office of Texas, and Florida. This opens up more criminal activities as a servicer is lying saying they hold the promissory note. NOTE : At one point, any person can create a transfer of assignment and register it with the County Real Property.

The transfer Owen created shows the transfer was done in XX/XX/XXXX violation of the RESPA there is no way they sent me a letter this late in process. Also there is no mortgage company that backing OCWEN servicing company. The company that transfer the loan is no longer in business XXXX servicer and XXXX XXXX XXXX. 
Ocwen is stating that XXXX XXXX  is the Trustee Bank and XXXX XXXX is the servicer. As you can see in the transfer by Ocwen in XX/XX/XXXX they listed XXXX XXXX who was my servicers and XXXX XXXX   my mortgage company in XX/XX/XXXX. I have not received any notification from Mortgage it that they are servicing my loan again nor the bank that is backing them I am asking for the proof of mailing.

The original mortgage Originated with Alternative Mortgage who transfer the loan to XXXX XXXX who does not own the promissory note. I will have to say after tracing back documentation this agreement was not clear and I did not have the knowledge of the issues that have taken place from origination of the loan. This is truly the process of Securitization and no one holds the original deed and promissory note XXXX as you can see was not the originator of the loan therefore can not hold the promissory note. Ocwen has purchased a fraud loan. The information on the Law of Securitization the loan is a fraud. The intent was all along to foreclose on my home and defraud the government and me the homeowner. I filed for bankruptcy XX/XX/XXXX OCWEN  stated they sent many documents I never received. I am requesting they show proof of mailing of all denial letters as I asked them to certify all documentation XX/XX/XXXX in order to resolve the issue of my statement never received. Ocwen stating we sent it to the customer. As we know they have been sued for miss dates to customers when mailing documentation. 
Never Resolved I was offered a modification in XX/XX/XXXX, but I missed the first payment date of XX/XX/XXXX per Ocwen. I responded to the Ombudsman office showing proof of mailing dated please see envelop that shows the date I received the modification that I had requested several time. I question Ocwen on, if they offered me a modification and it shows on the statement. Please explain why there was not signature and my approval of the false modification you put on the statement to cover the lie that you sent me a modification and I missed the first payment. I was sent documentation that showed no signatures on the modification. I asked how can you implement a modification without signatures. I was told on the in house modification they do not need a signature. I never approved this modification. Another one of Ocwen Scams. 
They filed affidavits of mailing. I HAVE NEVER DONE BUSINESS WITH OCWEN OR XXXX XX/XX/XXXX. In the MER system my house address is listed with about 20 different mortgage companies that had the loan and I was never notified. Also the mortgage that shows active I have never done business with. OCWEN NOR XXXX XXXX  is listed as one of the mortgage ocwner or trustee. 
OCWEN AND XXXX XXXX HAVE ATTACHED MY MORTGAGE TO AN OLD TRUST AND IN XX/XX/XXXX WHEN I DISCOVERED IT AND CONFORTED OCWEN, THEY WENT AND DID A TRANSFER OF ASSIGNMENT MAKING CORRECTION TO THE LOAN. OCWEN WHEN ASK TO SEND THE TRANSFER OF ASSIGMENT FROM XXXX XXXX  THEY CREATED ANOTHER TRANSFER OF ASSIGMENT WITH CARE OF C/O XXXX XXXXI am demanding they stop trying to put my home for sale to the first buyer to obtain cash and the deed is fake. I am demanding this foreclosures sale is stop Debt collect laws states if they can not prove the debt they must cease and desist. I am demanding the name of the investors, the mortgage company name and address that has the deed and promissory note with stamp paid to as it was listed for all other deed transaction. 
Sincerely, XXXX XXXX Once again they did not follow the Texas Foreclosure Procedures to send a certified letter of the sale within 20 days per Texas laws and 30 days per my contract. I am requesting a copy of the certification that was sent. I am disputing the debt.

Company response to consumer: Closed with explanation