Consumer complaint received 2015-04-07
Company: Ocwen Financial Corporation
State: NY
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
RE : Ocwen Loan Servicing ( As Sub-Servicer ), XXXX XXXX XXXX ( As XXXX XXXX ), XXXX XXXX ( As Trustee ), XXXX Mortgage Servicing ( previous Sub-Servicer ) I read with hope and interest about your recent multi-billion dollar settlements with the above named companies for their criminal and fraudulent actions involving foreclosures. My interest is personal, as I have been struggling for about XXXX years to settle a foreclosure action. When I learned of the settlements, my hope was that the fines and business practice requirements you imposed would encourage these companies to follow not only the spirit, but the letter of their settlement agreements. 
Unfortunately, my experience is that they have not changed their practices. Therefore, I would like to lodge a formal complaint as they continue to pursue foreclosure and duplicitous modification programs based upon:1. False Assignments that are void as an operation of law2. Refusal to verify their " standing '' to bring foreclosure3. Refusal to assign XXXX point of contact, either an attorney or an investor representative and/or a sub-servicer representative, for settlement conferences with either the State Court Judge or NY Supreme Court Judge. In fact, in XXXX mandatory meetings with the State Court Judge, XXXX different attorneys appeared, and in XXXX settlement meetings with the Supreme Court Judge XXXX different attorneys have appeared and XXXX different Ocwen employees have appeared. 
4. Ocwen employees refused to identify themselves with a business card for future follow-up during these meetings. 
5. Refusal to produce discovery items as demanded by our motions and a State Court Judge and a NY Supreme Court Judge6. Failure to comply with a NY Supreme Court Justice 's demands for evidence of standing by either producing the blue ink note or the trust documents that lists my property as party of the above stated trust7. Failure to acknowledge that the publicly available Trust Documents filed with the SEC do not list my loan characteristics under the section " Assumed Loan Characteristics '' 8. They have generated " offers '' of settlement and then withdrew them9. XXXX asked in writing for me to agree that GMAC is the " Lender '' as part of a settlement offer10. Declaring in writing to me that " no assignments were made of the loan '', while filing with the XXXX County Clerk an " assignment '' signed by notorious robo-signer, XXXX XXXX11. Declaring in writing that XXXX XXXX currently " holds an interest in the loan '' XXXX. Declaring in writing that XXXX, XXXX XXXX XXXX ( a law firm ) have been substituted as Trustee13. Insisting in our settlement conferences with a NY Supreme Court Justice that our " default '' interest rate is 8.25 % despite the terms set out in my note and while sending statements stating my interest rate is 2.625 % 14. Claiming during settlement conferences that the " lender '' or " investor '' would not allow certain modifications, and then refusing to name the party ( ies ) to whom they are referring15. Asking us to pay " out of pocket '' expenses/fees/finesa. before any settlement or agreement is achieved, b. while claiming the right to collect on a Note for which they have not shown standing andc. to Ocwen for " out of pocket '' expenses/fees/fines of the previous sub-servicers ( XXXX ), while refusing to substantiate these expenses or prove that they have not been reimbursedd. that include thousands of dollars in legal and 'default fees ', title searches, broker price opinions, 'property inspections ', and 'late charges ' to the 'account balance '. 
Please see the attached letter describing my complaint

Company response to consumer: Closed