Consumer complaint received 2017-08-17
Company: Ocwen Financial Corporation
State: OH
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
QWR Notice of Error Subject property address : XXXX XXXX  XXXX XXXX XXXX, Ohio XXXX Owner : XXXX XXXX XXXX XXXX ( last four S.S. XXXX ) XXXX XXXX XXXX XXXX, Ohio XXXX Phone : ( XXXX ) XXXX Loan # : XXXX Forced Placed Insurance : I am putting Ocwen The Loan Servicer and the investor of my loan that there has been improper placement of Forced placed insurance on my loan under Regulation X 12 CFR 1024.37 a lender shall not exceed the amount of force placed insurance placed on a property greater than the investors secured interest. XXXX XXXX XXXX serviced this loan before Ocwen and while the property was under a federal bankruptcy stay placed force place insurance on the property without which was not needed if only XXXX would of asked the courts for the insurance policy in XX/XX/XXXX it would have been provide nevertheless the forced place insurance was in the amount of {$77000.00} which at the time of the placement this insurance would of still been in violation of 12 CRF 1024.37 because the investor only had an interest in the property per a reaffirmation agreement see Exhibit T. When executed this agreement crammed down the debt from {$65000.00} to {$35000.00} the new loan amount caps the maximum amount of forced placed insurance allowed to be placed on the property at {$35000.00}. Ocwen after sending me a transfer notice ( RESPA ) on XX/XX/XXXX see ( Exhibit E ) this notice listed an incorrect balance loan balance of only {$64000.00} and Owcen still executed a forced placed policy in the amount of {$150000.00} on the property this was clearly a violation of 12 CFR 1024.37. This company has been fined by the CFPB for this illegal action in the past and this action has now added a large amount of insurance policy premiums to my pay off. I have listed all the policies for your review as see Exhibits W, V, X, U, T I have also enclosed a letter from Ocwen see Exhibit I. This notice list the type of insurance they obtained and what it covers and how much insurance they place on the property see Exhibit I pg 2 The Insurance We Obtain 4 Hazard insurance. Ocwen has never been compliant under 12 CFR 1024.37 on this loan. I have 4 loans with this company and all four  have had this issue it seems to be a pattern see Exhibit I, K.
Attempting to Collect Discharged Bankruptcy Debt : On XX/XX/XXXX I signed a reaffirmation agreement on the subject property see ( Exhibit F ). I began making the new payment of per the agreement to XXXX XXXX XXXX per there internet payment center which was showing the wrong balance of the note after months of internet payments I asked XXXX to start sending me monthly billing statements they complied and as I suspected the bankruptcy debt was listed on the periodic statement and the reaffirmation was not applied to this loan. I called XXXX only to be told that they could not speak to me and was placed on hold for hours with no results and the statements just kept coming in see ( Exhibit 1,2,3,4,5 ) I then received a notice of transfer from XXXX see ( Exhibit D ). On XX/XX/XXXX I received a notice of transfer ( RESPA ) from Ocwen see ( Exhibit E )  this notice also listed the bankruptcy debt as owed. On XX/XX/XXXX I received my first monthly billing statement from Ocwen see ( Exhibit C ) this statement listed the dischargedXX/XX/XXXX bankruptcy debt as stilled owed and now a new post-petition  debt in the amount of {$21000.00} along with fees in the amount of {$22000.00} not understanding what this was for I contacted Ocwen only to be told that I was still under a bankruptcy stay and they could not talk to me. This in fact was not true because the bankruptcy was closed on XX/XX/XXXX the stay was already lifted see ( Exhibit Z ). This was to be the only monthly billing statement I would receive from Ocwen over the next three years. QWR XX/XX/XXXX In an attempt to get back on track with the lender In XX/XX/XXXX I faxed over a QWR for all 4 loans and Ocwen sent me notice of receiving my correspondence on XX/XX/XXXX see ( Exhibit N, K ). I sent this over in response to a notice of default I received in the mail on XX/XX/XXXX showing I only owed a balance due of {$15000.00} see ( Exhibit H ). This balance was not in agreement to the only billing statement that I had received in XX/XX/XXXX which stated that I owed a past due amount of {$21000.00} and post-petition payment s in  the amount of {$22000.00} which I believe to be the discharged debt see ( Exhibit C ). As a result of the QWR Ocwen sent me documents in which I had never seen before such as a XX/XX/XXXX notice that Ocwen was placing more force place insurance on the property in the amount of {$150000.00}. This document had in itself a loan history and printout showing a balance on the loan as of XX/XX/XXXX {$34000.00} see Exhibit B. This payoff quote see Exhibit Y ) only showed a balance of {$44000.00} owed. Summary In XX/XX/XXXX requested another payoff quote and a payment history of the loan. The printout of the history of the loan shows the mismanagement of the loan on XX/XX/XXXX the balance of the note was shown to have been {$64000.00} and the mortgage balance was not corrected per the print out to reflect the court ordered cram down until XX/XX/XXXX see ( Exhibit H ). After my QWR notice had been sent to Ocwen and someone realize the issues of my loan. I was still never notified of the servicers discrepancies and mismanagement of my loan but I was notified that I was being foreclosed on by a law firm see ( Exhibit M ). Ocwen has since being in XX/XX/XXXX sending me out periodoci monthly billy statements listing fees such as insurance premiums and now taxes that I should not owe on the property. I never received a correct statement from Ocwen for about 36 months which is a violation of the Regulation X CFR 1026.41. Also the asking of by phone or mail any discharged bankruptcy debt is a violation of the bankruptcy code 11 U.S. Code 1141 and can result of a heavy fine if needed to be brought back into Bankruptcy Court. See ( Exhibits E,  C,1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23 ) all can oppose a fine by the CFPB of up to {$2000.00} for  each occurrence not including the months a statement was not delivered and any Bankruptcy violations that the Federal Judge might sanction. Please review this material that I have provided and get back to me with what you might see is a reasonable offer to settle this matter as always I have found it better for both sides to settle this out of court. Please Advise XXXX XXXX XXXX

Company response to consumer: Closed with explanation