Consumer complaint received 2017-11-14
Company: Ocwen Financial Corporation
State: IL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
Ocwen Loan Servicing on behalf XXXX XXXX XXXX Successor Trustee to XXXX XXXX XXXX XXXX Successor Trustee to XXXX XXXX as Trustee under the Pooling and Servicing Agreement Dated as of XXXX XXXX, XXXX XXXX XXXX XXXX. Foreclosure XXXX CH XXXX in the XXXX XXXX XXXX XXXX, XXXX XXXX, IL. 

Property : XXXX XXXX XXXX XXXX, XXXX XXXX, IL XXXX Allegations : Mortgage Fraud, Criminal Tampering with the Court File, Taking without Just Compensation 5th Amendment of the US. Constitution, violation of the 3rd Amendment of the US Constitution ; insurance fraud, and taking of my property in order to avoid XXXX claims on alleged debt that was admitted unsecured in the XXXX XXXX in the US Bankruptcy Court,  XXXX XXXX of Washington. 3 fraudulent assignments of mortgage within 10 years, the most recent was entered into Chapter XXXX bankruptcy XXXX XXXX, US Bankruptcy Court XXXX XXXX of Illinois. 

STATEMENT OF FACTS 1. On XXXX/XXXX/XXXX, XXXX was compelled to purchase this property, which was not built in compliance with state and federal laws, and building codes. The construction was approved by XXXX XXXX XXXX, XXXX XXXX XXXX XXXX Enforcement Officer and Village Engineer, who was not licensed to practice engineering in the State of Illinois - and where the XXXX XXXX XXXX XXXX and XXXX XXXX XXXX were being sued by XXXX XXXX [ Another builder ] for Racketeering. This property was issued a fraudulent XXXX of XXXX. 

2.The property borders federal wetlands and is sinking. the wetlands are breaching and destroying the XXXX XXXX XXXX Subdivision, including streets, other homes, and common areas, in addition to my property. Both Ocwen and my structural engineers agree that the property has severe latent structural defects, and is uninsurable. Sinkholes are developing and are posing hazards to the health and safety of the residents in the subdivision. 

3.On XXXX XXXX, XXXX, an Amended Complaint for Foreclosure was filed, for plaintiff " XXXX XXXX XXXX '' - which is not a legally cognizable entity. The complaint was never dismissed or refiled. In XXXX, XXXX XXXX XXXX " substituted '' the plaintiff that does not exist for a plaintiff " XXXX XXXX XXXX '' which is a Trust that entered an agreement in the XXXX XXXX, [ XXXX XXXX XXXX Washington ] and accepted {$200000.00} as a general unsecured claim. 

4. On XXXX XXXX, XXXX, I discovered that my mortgage had been released XXXX/XXXX/XXXX. 
A title search performed by XXXX XXXX confirmed that no valid morgtage has existed on my property since XXXX/XXXX/XXXX. 

5.The XXXX XXXX XXXX XXXX XXXX Chief Appraiser admitted my property is " uninhabitable and unmarketable, '' with a fair market value of {$25000.00}. ( As opposed to {$350000.00} as " sold '' at the judicial foreclosure sale. ) This admission occurred XXXX XXXX. 

XXXX XXXX, the XXXX XXXX XXXX XXXX changed the designation of my case from " residential '' to " non residential foreclosure. Under Illinois law, this designation permitted Ocwen to evict me from my home, since XXXX, without waiting for a judgment of foreclosure to occur. Two trials that have occurred are a sham. In " Judgments '' entered after two trials, both refer to my property as residential. This inconsistency can be viewed as the Court acknowledged the non-residential designation in the transcript at the start of the first trial. The XXXX judicial circuit court had already decided to give my property to the alleged plaintiff before the first trial began. 

7.I have reported the soil pollution and the breaching federal wetlands to the Illinois EPA in XXXX and again in XXXX. This property subjects Ocwen/Banks to liability under XXXX. 

8.I have reported to the Illinois Attorney General in XXXX and XXXX, and the New York Attorney General twice, the Federal Reserve XXXX the Office of the Comptroller of Currency, and this CPFB twice before. The end result is that tomorrow the XXXX XXXX XXXX Court will confirm the sale of this hazardous property with latent structural defects " as is '' without disclosures. This is unconscionable. 

9.I believe Ocwen intends to commit insurance fraud with this hazardous property, because in a letter dated XXXX XXXX Ocwen alleges XXXX Thank you for providing the requested evidence of insurance coverage. '' I never insured the property after XXXX, because the latent structural defects render the property uninsurable. '' 10.The Escrow Statements are not accurate, or consistent with what Ocwen testified under oath to in the second trial for XXXX ch XXXX. 

11.Further, in order to stop the fraudulent sale, I declared Chapter XXXX bankruptcy XXXX in the XXXX XXXX XXXX XXXX XXXX District of Illinois. XXXX XXXX of XXXX XXXX contacted me via phone, in order to settle all claims I had against Ocwen. I retained attorney XXXX XXXX XXXX for settlement purposes only, and voluntarily dismissed the Chapter XXXX. After filing a motion to substitute for XXXX XXXX XXXX, XXXX XXXX withdrew the motion. 

12.I later learned through recorded conversations with Ocwen, that a trial modification offer had been pre-approved, but was never presented to my attorney by XXXX or to me. My attorney XXXX XXXX sent a settlement demand to Ocwen, to settle all claims and to leave the home within 120 days for {$150000.00}, but XXXX XXXX of XXXX XXXX XXXX presented the demand as a " short sale '' offer, which was declined by Ocwen. I gave XXXX XXXX a settlement demand on XXXX XXXX, XXXX, which she alleged to have presented to Ocwen, but Ocwen has no record after the {$150000.00}. 
13.Further, XXXX and Ocwen represented to me the the new foreclosure sale date was postponed to XXXX XXXX, XXXX. However, the XXXX XXXX XXXX XXXX XXXX " confirmed '' that the sale date was still XXXX XXXX, as evidenced by the computer screen shot that I have included with the evidence. On XXXX XXXX, evidence that the XXXX XXXX XXXX " postponed '' the sale date was in the Court file. Because the sale date was actually XXXX XXXX, XXXX, I was again compelled to declare Chapter XXXX bankruptcy on XXXX XXXX, XXXX. 

XXXX schedules list the alleged debt as unsecured, but the Court decided the debt was secured without requiring proof of claim, and despite the fraudulent " assignment of mortgage '' - I have noticed the appeal and the District Court has directed the Banktruptcy Court to send the case directly to the US Supreme Court , where I am preparing to timely file a Writ of Certiorari. The Trustee could not abandon property where the court has been aware of the latent defects and hazards since XXXX. XXXX. ( Same parties, same court - Ocwen bought XXXX XXXX XXXX. XXXX XXXX of XXXX XXXX XXXX filed the fraudulent " Corporation Assignment of Mortgage, '' and I reported this to XXXX XXXX of the XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX indicated she would notify the States Attorney, but the States Attorney has already taken a video statement from me and refused to prosecute mortgage fraud and tampering with the Court files. I filed police report 16.In an envelope postmarked XXXX XXXX, XXXX, I received notice of Codilis Motion to Confirm the Sale, with proof of publication, alleged to have been filed on XXXX XXXX, XXXX. However, the Court file for XXXX contained no such documents on XXXX XXXX, XXXX. I ordered a copy of the complete Volume 12 of the court file on XXXX XXXX, XXXX and picked it up on XXXX XXXX, XXXX. I photographed my copy and the court file together, and the most recent date of the file was XXXX XXXX, XXXX. XXXX ILCS 5/15-1507 ( I ) ( 3 ) requires notice of the publication to be served on all parties, and I was never served this notice. This is evidenced by the fact that no service of notice of publication is evident in the Court file as of XXXX XXXX, XXXX. 

18.There 's much more - Ocwen offered XXXX Mortgage Assistance Resources '' via letter dated XXXX XXXX, XXXX, but has repeatedly indicated that I would be contacted by a staff attorney to discuss options. Each time I followed up on the request via phone, Ocwen stated it would be a few more days and to call back if I did n't hear from them. Yesterday, Ocwen told me a staff attorney was not assigned to my case. Today, Ocwen transferred me to the " Ombudsman '' who said they would " review '' whatever documentation I sent to the CPFB. If the XXXX needs more documentation, I have XXXX years worth. 

19. A consent judgment for breach of contract and breach of warranty was entered for this property in XXXX, for {$420000.00} in XXXX in XXXX XXXX XXXX Court. This was approved in the Delaware bankruptcy court in the XXXX Homebuilders bankruptcy. Further, this property was the subject of a federal lawsuit involving XXXX XXXX. Whatever information you need, I have it - As added injury, FCRA and TILA - Regulation X / Z issues abound. I recently was denied credit, in part because there no longer exists any record that I have ever owned real estate, contained in my credit report. RESPA notice of the Ocwen purchase of XXXX was sent to an attorney who was no longer representing me. 

I will appeal tomorrow 's ruling, if the sale is confirmed, all the way to the US Supreme Court, on the heels of the Bankruptcy appeal. 
I spoke with Ocwen 's " Ombudsman '' XXXX XXXX - I now recall an earlier conversation I had with her, without result, during settlement discussions. During my conversations with Ocwen in XXXX, there existed no record of my settlement discussions with Ocwen. The XXXX discussions evidenced that XXXX XXXX presented the offer to Ocwen as a short sale offer, but I now believe that it may have been at the direction of XXXX XXXX, in the Ombudsman, and have attached the emails. 

Further, the property taxes have now been fraudulently inflated, and an " Ocwen FSB '' is committed to pay the taxes, despite reporting to the SEC that it " debanked '' in XXXX. 

My primary concern is that the Public is protected from the hazards, and that the house is never permitted to be re-sold. This is a taking without just compensation and a violation of my 3rd amendment rights, as the Court has unlawfully placed itself in my house for nine years without my consent. 

Although I was entitled to numerous settlements with Ocwen, XXXX, XXXX XXXX XXXX, etc, I received a compensation of about {$400.00} total from the Federal Reserve 's enforcement action against Litton Loan Servicing, and spent approx $ XXXX on attorneys fees, paralegal fees and costs. Please, do something. 
Previous CPFB Complaint ( s ) XXXX

Company response to consumer: Closed with explanation