Consumer complaint received 2017-06-13
Company: Ocwen Financial Corporation
State: WA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
Under BORROWER COVENANTS on page 3 and 4 of the Deed of Trust it states that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <P/>I have been and I will continue to defend what I consider to be the false claim that Ocwen Loan Servicing LLC ( Ocwen ), is a lawful Beneficiary and that they have held or hold a copy of an original promissory note. <P/>Ocwen is attempting to non-judicially foreclosure again, after previous attempts and threats to non-judicially foreclose in XXXX and judicially foreclose against me in XXXX. The previous non-judicial foreclosure sale was cancelled and the trustee was replaced by the current alleged trustee, XXXX XXXX XXXX XXXX of WA ( XXXX ). Apparently, there have been issues with trying to foreclose non-judicially. 2 different law firms were assigned by Ocwen in XXXX, and threats were made that a judicial foreclosure was anticipated, and that I may request to inspect the wet ink note if a judicial foreclosure was initiated. A judicial foreclosure was never commenced and the law firm either withdrew or Ocwen changed their mind. Apparently, there were issues with trying to foreclose. <P/>There are several issues with Ocwen in relation to how they are behaving and handling their position as a servicer and debt collector. <P/>First, there are discrepancies in the accounting of what Ocwen has given since they took over the servicing. In a statement dated XXXX, the amount due is given as {$22000.00}. In a statement dated XXXX, the amount due jumps to {$65000.00}. This is clearly an example of improper calculation of loan balances. In the XXXX XXXX, XXXX CFPB suit against Ocwen, it is stated that Ocwen has serviced loans based on inaccurate and incomplete borrower loan information. From XXXX to XXXX, Ocwen inputted inaccurate and incomplete loan information into their servicing platform, XXXX. Ocwen has serviced thousands of loans based on incorrect information. The prior servicer data and records upon which it was relying were inaccurate or missing. This is a violation of Section 808 of the FDCPA, constituting unfair acts and practices, and violations of Sections 807 ( 2 ) and ( 10 ) of the FDCPA. In XXXX, I filed a complaint with the CFPB because Ocwen was not sending me monthly periodic statements, post-bankruptcy. Because of this complaint, Ocwen sent a statement, dated XXXX. I have not received any statements since. This is a violation of Regulation Z and RESPA. <P/>I have repeatedly requested from Ocwen and those that say they represent them, a complete history of the account loan data from the inception. That would include account loan data from all identified parties to the loan, which are XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX. Ocwen can not accept as true or accurate, only printouts of servicing entries from previous servicing systems. <P/>The account loan data should include copies of the general accounting ledger along with the servicing records with appropriate key codes for the current servicers records and system and each prior servicer and their records and systems. The account loan data will show a note as an asset of any real lender in question. Third party co-obligations such as lender paid mortgage insurance, guarantees, servicing advance agreements etc should be disclosed in the account loan data. <P/>In a letter to several federal agencies, dated XXXX XXXX, XXXX, Ocwen CEO and President,  XXXX XXXX, admitted that Ocwen advances payments to investors. A complete history of the account loan data as requested has never been provided to me. <P/>Ocwen has admitted that it did not hold an original promissory note in a conversation with an Ocwen employee identified as XXXX, on XXXX. He told me that Ocwen only has a copy of the note. I asked him to send me information related to our conversation. A letter dated XXXX, stated that XXXX XXXX owns and holds the Note. <P/>On XXXX, I spoke with Ocwen employee, XXXX XXXX, who admitted to me that they have the note, but not the original note, which would be with XXXX XXXX. She said we wont hold the original note and that Ocwen would only have a copy. A copy of an original collateral file was sent to me by one of Ocwens attorney firms in XXXX. There was only mention of XXXX, but no mention of XXXX XXXX or XXXX XXXX XXXX in the file, and nothing identifying note tracking data. <P/>The hearsay beneficiary declarations produced for Ocwen are ambiguous and a rebuttable presumption. The declarations do not mention anything about holding an original note. Based on the admissions by Ocwen, that they only hold copies, the declarations are being used to rely on, through false assertions. <P/>An assignment of deed of trust was recorded in XXXX County on XXXX XXXX, XXXX, purporting to assign for value received, all beneficial interest of XXXX XXXX XXXX XXXX to XXXX XXXX XXXX XXXX, through XXXX XXXX acting as the beneficiary on behalf of XXXX XXXX. This is a false instrument, based on the fact XXXX XXXX has never had the capacity to be a beneficiary, because they never held and original note. XXXX XXXX, could never act as an agent in this capacity either, since the principal XXXX XXXX, filed bankruptcy in XXXX of XXXX and was not in existence in XXXX to direct XXXX XXXX to execute an assignment. <P/>The previous servicer, XXXX XXXX XXXX never offered any conclusive proof that it held an original note, and there is nothing in the collateral file indicating that it did. It had no capacity as a beneficiary to assign any beneficial interest to Ocwen. <P/>Based on the admissions and facts relating to the note and deed of trust, Ocwen is not a lawful beneficiary and had no power to appoint XXXX as a trustee and has no power to make attempts to foreclosure on the property. In addition, the statute of limitations has run its course, since XXXX XXXX XXXX claimed to accelerate any debt, in XXXX.

Company response to consumer: Closed with explanation