Consumer complaint received 2018-10-07
Company: Ocwen Financial Corporation
State: MA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
For reasons that have become clearer over the past two years, it is now my belief that there never was any mortgage loan to me. I never received any evidence of any loan disbursements for {$310000.00}. to anyone. 

I received debt collection notices from XXXX XXXX alleging to be debt collectors on behalf of Ocwen Loan Servicing, LLC regarding " the mortgage which encumbers the above real property ( " the " Mortgage '' ). The Note evidencing the loan in the original principal amount of {$310000.00} and the Mortgage are collectively called the " Mortgage Loan ''. This was Re : XXXX XXXX File # XXXX, for Property Address XXXX XXXX XXXX, XXXX, Massachusetts XXXX. 

According to XXXX the amount of the debt as of XX/XX/XXXX was {$310000.00} and the creditor to whom the debt is owed is XXXX XXXX XXXX XXXX XXXX as trustee for XXXX XXXX XXXX Asset=Backed pass-Through Certificates Series XXXX. Yet the document filed at the Registry of Deeds says " ASSET-BACK '' not " asset-backed ''. 

This information is not accurate. I disputed the debt with XXXX XXXX but they ignored my dispute and refused to send me the requested information to show any evidence that make them believe that I owed the debt. I filed a complaint with CFBP on XX/XX/XXXX ( complaint # XXXX ). CFBP informed me on XX/XX/XXXX that they could not send my complaint to XXXX XXXX. On XX/XX/XXXX I sent XXXX XXXX evidence of additional facts and am submitting those same facts via this complaint directly to Ocwen Servicing LLC as XXXX XXXX encouraged me to contact the servicer. 

History of Ocwen Servicing LLC involvement : I received a " Notice of Servicing Transfer ( RESPA ) and WELCOME TO OCWEN LOAN SERVICING, LLC dated XX/XX/XXXX. This letter was on joint letterhead of both Homeward Residential and Ocwen Servicing LLC. ( see attached ). According to this letter, this was effective XX/XX/XXXX. 

According to the transaction history report I found by signing into Ocwen Servicing LLC website in XX/XX/XXXX, a loan disbursement of {$260000.00} was made on XX/XX/XXXX. It doesn't say to whom this loan was made. 

This same transaction page shows that on XX/XX/XXXX an escrow payment of {$120.00} was received. This escrow payment appears on the Annual Escrow Account Disclosure Statement Account History dated XX/XX/XXXX shows this same amount on the same date. 

This disclosure page did not report actual payments I made to the escrow on XX/XX/XXXX and XX/XX/XXXX, each in the same amount of $ XXXX. I wrote to Ocwen on XX/XX/XXXX via certified mail which they received on XX/XX/XXXX. 

I received a letter dated XX/XX/XXXX from the Office of Consumer Ombudsman thanking me for the correspondence and informing me they would address this within 10 days. I never received any further response. 

I also submitted my first complaint to the CFPB regarding this very issue in XXXX which the CFBP referred to the Office of Consumer Ombudsman and again I never received a response. 

In XXXX and XXXX I reinitiated my attempts to resolve this due to credit reports that I had since obtained that falsely report this as a 40 year loan. It is my understanding that a 40 year loan is a commercial loan and I did not apply for nor obtain a commercial loan. 

Ocwen also reports " monthly payments '' to the credit reporting agencies that include the escrow amount for home insurance and property taxes as " monthly payments '', implying that the entire monthly payment is going to principal or interest or both. 

The transaction report I have scanned show that these are in fact being distributed to the Town of  XXXX and to the hazard insurance company. Ocwen correspondence sent to me says that I can discontinue the use of the escrow account at any time, however the XXXX mortgage modification document says that I can not. 

Another significant dispute is related to my hazard insurance. XXXX XXXX discontinued my home insurance in XX/XX/XXXX allegedly due to non payment. AHMSI who was the servicer at the time initiated forced placed insurance at a cost significantly more than the home insurance. The forced placed insurance was $ XXXX vs XXXX XXXX which cost $ XXXX. I paid this amount for two years. 

The Insurance is by XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, NY XXXX, XXXX XXXX, c/o CT XXXX XXXX, XXXX XXXX XXXX, Suite XXXX, XXXX, PA XXXX. 

In XXXX, a researcher at AHMSI located the cancelled check showing that XXXX XXXX XXXX had in fact received and cashed this but " accidentally '' applied to the wrong account. My insurance agent XXXX XXXX of XXXX XXXX XXXX notified me that XXXX agreed to retroactively insure my home if agreed to waive any claims against them. I said I would agree only if XXXX was willing to retroactively cancel the forced placed insurance. The result was suppose to credit me with the difference of two years of forced placed insurance premiums which was approximately {$4400.00}. THIS NEVER HAPPENED. I spoke to a lawyer about this and he said this didn't even make sense because XXXX owed no duty to refund premiums already earned and unlikely to do so. 

Shortly after these events, AHMSI immediately transferred my servicing to Homeward Residential without notice and then Homeward Residential transferred to OCWEN Servicing, LLC. again without proper notice and this has gone completely unresolved through no fault of my own. 

I have also attached copies of documents that I just sent to Olans PC via certified mail and electronic mail on XX/XX/XXXX that address the validity of the loan and the " commercial loan '' factor, which appears to me to have something to do with XXXX XXXX whom I believed to be my former employer but based on evidence I have discovered over the past year, are reportedly my owner not employer. 

If this loan is related to my employment with XXXX XXXX or my " association '' with XXXX XXXX, it was without my knowledge or consent. I applied for a job that was advertised by XXXX XXXX in the help wanted section of XXXX. I signed an employment agreement and I was paid via XXXX, participated or at least paid for benefits offered by XXXX XXXX including contributing to their XXXX since XXXX. 

Yet, curiously, XXXX has no record of my employment nor the employment of anyone else that works at XXXX XXXX that obtained their credit reports which is concerning since XXXX is also the agency responsible for identify verification for the social security administration. 

Also, when I attempted to get my XXXX credit report, the website asked me to verify my identify by answering questions based on information in my credit file. XXXX gave me the following question and options : " Your credit file indicates you may have a mortgage loan, opened in or around XXXX XXXX Who is the credit provider for this account? XXXX XXXX, XXXX XXXX, Ocwen XXXX XXXX or XXXX XXXX, or None of the Above. 

I guessed and selected Ocwen Financial Corp. and this was the correct answer. So Ocwen Servicing LLC is not Ocwen XXXX XXXX and neither is XXXX Bank ; although I understand XXXX Bank owns Ocwen XXXX XXXX. I have no records Ocwen being the creditor, I thought they were the servicer. 

So, I would like to know who the creditor really was or is and I would like documents showing the funds actually being transferred from the initial loan to the person I purchased the house from. I want copies of all loan documents and terms. I want transactions records of all credits and debits and all insurance and taxes paid. I want to know who that loan disbursement was made to in XX/XX/XXXX and all documents I requested of XXXX XXXX in my letter dated XX/XX/XXXX in response to the debt collection action, including all documents that make them believe I owe the debt, as well as HUD settlement sheet, TILA Disclosures, copy of the Complete Mortgage, the Loan Note and Notice of Right of Rescission. 

Please stop all other communication with me and with this address. Please record that I dispute having any obligation for this debt. If you stop your collection of this debt, and forward or return it to another company, please indicate to them that it is disputed. If you report it to a credit bureau ( or have already done so ) also report the debt is disputed.

Company response to consumer: Closed with explanation