Consumer complaint received 2017-06-30
Company: Ocwen Financial Corporation
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
In the month of XXXX XXXX, we were taken aback when I went to pay our property taxes and discovered that the property taxes had been paid. Curious to find out what was going on I immediately called the XXXX XXXX County Tax Collectors and was advised that my mortgage company Ocwen had paid my taxes for XXXX and XXXX. I disputed what the tax collector representative had advised me about the XXXX taxes as I had paid my XXXX taxes myself and wanted to know where or to whom my payment was credited. I then called Ocwen spoke with one of their representatives and was advised that I had failed to pay my XXXX and XXXX taxes and as a result my mortgage payment was increased to an approximate $ 200+ additionally per month. I advised the Ocwen representative that I had personally paid the XXXX taxes and there was no need for them to have paid them, and there must be some kind of mistake. I also questioned why they paid the XXXX property taxes 5 days before the early payment due date. Again, I explained that we do not need Ocwen to pay our property taxes. I also explained that we had paid XXXX and would have done so in XXXX if they had not gone into our account 5 days prior toXX/XX/XXXX the due date for discount. The Ocwen representative advised me that if I had the receipt to show that we paid the XXXX taxes that I would need to submit a copy to them to show that I had done so. A couple of days later, confident that this situation would be cleared up as soon I was able to provide proof of payment ( see attached receipt dated XXXX/XXXX/XXXX ), I decided to investigate where the payment went. I called the XXXX XXXX County Tax Collectors Office and was advised again that I had not paid the XXXX property taxes. Not satisfied with the representatives explanation, I asked to speak with his supervisor. He took my contact information and later that afternoon the supervisor called me back. I explained to her that the XXXX property taxes were paid, and if the payment did not post to our account where did it go. The supervisor took my contact information and asked if I could give her a day or so to research what happened to my payment and that she would to get back with me. I located the receipt showing that indeed the XXXX property taxes were paid. In the meantime, I mailed our XXXX XXXX mortgage payment in the amount of {$1500.00} which is the payment that I have always paid. I continued with my regular payment knowing that the missing or misplaced property tax payment would be found and the account would be credited. After having and recuperating from a medical procedure in XXXX XXXX and not yet receiving a call back from the supervisor at the tax collectors office, in the month of XXXX XXXX I decided to call the tax collectors office and was finally able to speak with the supervisor. I explained to her as I had explained to the representative that I had made the payment on our XXXX property taxes and wanted to know what happened to it. The supervisor pulled the account up and according to her the only thing that the account was showing, was that the XXXX property tax had not been paid and that a tax certificate was purchased and paid for by Ocwen. Adamant about the payment, I wouldnt let it go. I asked that if I made my payment and had the receipt for it where did my payment go. I also asked her was it legal for my mortgage company to go into my account 5 days prior to the XXXX XXXX, due date and pay the bill so they can try to force me to have to pay into an escrow account. I asked her that if I came into their office and showed them the receipt for the XXXX tax year and made the payment for the XXXX tax year could they send the mortgage company their money back. I also explained to her that after the mortgage company went in early and paid the XXXX taxes, they immediately increased my mortgage payment by $ 200+. The supervisor advised me that if this is what the mortgage company had done it was illegal because by law the mortgage company must give the customer at least a 45-day notice before they can make a change to the mortgage payment. I advised her to look at the date the XXXX taxes were paid and that according to what Ocwen had done, the payment had increased 5 days later. I asked her what could be done about it and she gave me the number to the state of Florida Office of Financial Regulations ( OFR ). I immediately hung up with her and called the OFR and explained what was going on with me. The OFR representative advised me to go online and file a complaint. Since it had not been determined where the XXXX property tax payment had posted, I decided not to file a complaint until I had all my documents together. After my conversation with both the supervisor at the tax collectors office and the OFR representative in XXXX XXXX, I continued my research to find out where the XXXX tax payment went. I also made my XXXX XXXX mortgage payment in the original amount of {$1500.00}. I continued my research of the XXXX property tax payment throughout the month of XXXX XXXX. After a few weeks of digging I finally found out where the XXXX property tax payment went. I called the tax collector supervisor and explained that I had discovered that the XXXX property tax payment was credited to another property that my husband and I own instead of being credited to the XXXX XXXX XXXX XXXX address ( see attached receipt ). Shortly after my conversation with the supervisor at the tax collectors office ( on XXXX XXXX, XXXX ), I went to my bank purchased two cashiers checks in the amount of {$930.00} for the XXXX property taxes and {$770.00} for the XXXX property taxes. I then wrote a letter to Ocwen explaining what happened with the XXXX and XXXX tax payments ( see attached letter dated XXXX/XXXX/XXXX along with copies of bot cashiers checks ), to cancel the escrow account because it is not needed, and then I mailed the letter and copies of both cashiers checks via certified mail to them. I continued to make my mortgage payments each month online in the original amount of {$1500.00} ( see attached bank statement details showing payments and canceled checks ). On FridayXX/XX/XXXX I attempted to pay my mortgage payment in the amount of {$1500.00} online, and via the automated phone system and discovered that I was locked out. I then attempted to make a payment via a live representative ( ID # XXXX ) and met with further resistance. The representative would not accept my payment over the phone. I then contacted the Florida Bars Lawyer referral service, and was referred to an attorney was advised at my consultation meeting with him to mail my payment of {$1500.00}. OnXX/XX/XXXX, I mailed the payment along with another letter ( see letter dated XXXX XXXX, XXXX ). I continued each month to overnight express mail my monthly mortgage payment of {$1500.00} to make sure that they received it and that someone would have to sign for it. Ocwen continued to take those payments each month until XXXX XXXX, XXXX. I overnight expressed mailed my XXXX XXXX payment on XX/XX/XXXX, and on Friday XXXX XXXX, XXXX I checked my bank account and discovered that the payment had not posted yet. I immediately called Ocwen spoke with Ocwen representative XXXX ( ID # XXXX ) who advised me that my XXXX payment was rejected as of XX/XX/XXXX. I asked why and he advised me that my account was 114 days past due. I advised him how could that be when I have religiously sent in my mortgage payment each month and that they are holding almost {$3000.00} of my money in an escrow account ( see document showing escrow balance }. I advised him that it appeared to me that it should be the other way around in that they owed me money. I then asked him why are they continuing to hold my money hostage, and what is the escrow account for. He advised me that it was for the payment of my property taxes. Knowing that I had paid the XXXX and XXXX property taxes ( see attached copies of cashiers checks ), and personally paid the XXXX property taxes ( see attached receipt ), I then asked him : do I owe any property taxes? XXXX never answered that question because the answer to that question is no. I then asked him who was the government regulating body for Ocwen and he advised me that it was the Consumer Financial Protection Bureau. I contacted them and spoke with a representative there XXXX. I explained to her what was happening and she advised me of what I needed to do. I also contacted the state of Florida OFR and spoke with representative XXXX who immediately connected me to special Ocwen analysis XXXX. XXXX also advised me of what I needed to do so I started locating and gathering documents associated with this situation. On Tuesday XX/XX/XXXX, I received in the mail a letter and my XXXX XXXX payment from Ocwen which they have rejected and returned to me ( see copy of attached letter and check ). Today I am reaching out to the CFPB and the state of Florida OFR for help. My home is finally above water and I am now in a position to where I can finally get out from under Ocwen and the disparaging treatment that we have endured since becoming a customer. For the past 8 or 9 years Ocwen has put me and my family through a living XXXX and I am so tired of the harassment, the sleepless nights, the fear of losing my home, the stress, the aggravation, the fear of losing any chance of getting another company to accept me as a customer because Ocwen is reporting late payments to the credit bureaus when I have made all my mortgage payments on time. I am at a point where I do not know what to do. I do know that we dont want to lose our home, especially since we have paid our mortgage religiously each month. How can they be allowed to continue to treat people the way they do? When you try to talk or reason with them they treat you as if you are XXXX, XXXX or all of the above. They have no intention of helping their customers.

Company response to consumer: Closed with explanation