Consumer complaint received 2016-06-13
Company: Ocwen Financial Corporation
State: NY
Product: Mortgage
Sub-product: Home equity loan or line of credit
Issue: Settlement process and costs

Complaint:
I requested a settlement on the account. The issues raised were also sent to the New York Attorney General Office and XXXX Finance Mortgage Division and the Liquidation Trustee for XXXX XXXX XXXX. Ocwen has failed to address any of our factual concerns relating to collecting on a Home Equity Trust that was part of a XX/XX/XXXX DOJ Consent Order and a Bankruptcy Order liquidation of claims prohibiting collection activities on a debt. 
As part of the XXXX Report key objectives for Ocwen Loan Servicing LLC . 
1 ). The New York Consent Order Compliance ( XXXX XXXX ). The Consumer Financial Protection Burueau ( CFPB ) 3 ). National Mortgage Settlement ( NMS ) Compliance Requested Escrow Termination On XXXX XXXX, XXXX I received the Escrow Account Statement dated XXXX XXXX, XXXX. On XXXX XXXX, XXXX, a request was submitted to terminated. 
We received a denial blanket response from Ocwen dated XXXX XXXX, XXXX. The Research Team stated XXXX Taxes payment was due in 25 days therefore the Escrow could not be terminated. As noted, Ocwen pays the Taxes XX/XX/XXXX years prior which is enclosed. There were 60 calendars days for me to send in the payment and you failed to respond. I 'm still requesting termination. 
Also The XXXX XXXX is due in 180 days from XXXX XXXX. You failed to respond the specific reason why you are requiring an Escrow account. 
It was also stated that we had a negative balance in our Escrow. Analysis. Ocwen Loan Servicing was sent XXXX Finance all tax payment history and bills on XXXX XXXX, XXXX for an Escrow. Ocwen failed to address the concerns. 
We sent the payment of {$2500.00} as stated and they still mis applied the payment and stated we still owe and have not addressed the termination of the escrow account. It appears that Ocwen is " throwing figures around '' and incorporating attorney fees in the amount due. I do n't understand how a payment can jump from {$970.00} to {$1800.00}. 
Ocwen as XXXX, the owner of the loan is XXXX XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX XXXX XXXX XXXX XXXX XXXX. According to the Pooling and Servicing Agreement ( PSA ) this loan was never securitized. This is also noted as to the POC XXXX XXXX submitted in the Chapter XXXX case which is enclosed for your reference. 
Ocwen. acquired the Home Equity Loan loan 18 months later in XX/XX/XXXX which was part of the their unsecured claim in the Chapter XXXX case. There 's no contractual agreement in order for Ocwen to be collecting on the alleged loan. 
The Fair Debt Collection Practices act under Unfair Practices states " there is no present right to possession of the property claimed as collateral '' through an non -enforceable security interest ; and the false representation or implication that accounts have been turned over to innocent purchasers for value is prohibited. Ocwen has created the false representation or implication that documents are legal process of collecting a debt that are not enforceable. 
Thus far, Ocwen has collected over {$280000.00} since the claims were adjudicated for the case. We have requested the money to be refunded which they have refused to do so. In addition They have made no effort to adhere to item XXXX of the Security Deed titled " Loan Charges '' If the loan is secured by this Security Instrument is subject to law which sets maximum loan charges and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceeded permitted limits ( A ) any such loan charges shall be reduced by the amount necessary to reduce the charges permitted limit and ( B ) any sums already collected from Borrower will be refunded. If a refund reduces principal Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to the Borrower

Company response to consumer: Closed with explanation