Consumer complaint received 2017-06-02
Company: Ocwen Financial Corporation
State: NV
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
This complaint is for  Ocwen Loan Servicing. Ocwen  forwarded our previous CFPB complaint #  XXXX  to attorney,  XXXX   XXXX  from   XXXX    XXXX   XXXX . The attorneys response raised additional questions.    1st, did Ocwen  provide any documentation to attorney,  XXXX   XXXX  such as the borrowers current payment history, current credit history and current credit reporting from Ocwens website prior to his response dated  XX/XX/XXXX ? YES or NO!    2nd, did Ocwen  participate in writing the response letter dated  XX/XX/XXXX  with attorney  XXXX   XXXX  in any way? YES or NO!    3rd, does Ocwen  support or condone attorney  XXXX   XXXX  response dated  XX/XX/XXXX  when he provided false or an invalid statement to us along with the CFPB? YES or NO!   Failure to answer our questions will result in additional complaints filed against Ocwen! NOTE : due to attorney  XXXX   XXXX  response, we filed this dispute that is attached below! Please read this dispute and the requests that are located on the bottom of the dispute letter!  <P/> DISPUTE CFPB COMPLAINT #  XXXX  On  XX/XX/XXXX , I received a letter from Ocwen  Loan Servicing  stating the Office of the Ombudsman would like to thank you for your recent inquiry regarding the above reference loan. I also received a letter from attorney,  XXXX   XXXX  from  XXXX   XXXX   XXXX   XXXX   XXXX  which is representing  Ocwen Loan Servicing. Ocwen  forwarded this CFPB complaint to their attorney to address this issue. This attorney stated in section  1 ; Borrower alleges that Ocwen  has failed to properly report payments received regarding borrowers mortgage for  XX/XX/XXXX  and  XXXX   XXXX . Please review the documents that were provided in our initial complaint. You can see that Ocwen did in fact receive our monthly mortgage paymen t ( s ) in  advance but failed to update their whole system and report to all the credit bureaus.   In section  2 , the attorney stated ; In brief, borrower claims that Ocwen failed to report borrowers  XXXX   XXXX  and  XXXX   XXXX  payments. According to the complaint, borrower reviewed his credit report on the  XXXX  website and noted that these months had a D, meaning that no payment history had been reported for those months. Borrower alleges that Ocwens system contains the same error. There is no record indicating a dispute letter was ever sent to  XXXX  or Ocwen regarding this reporting. Indeed, borrower states in the complaint that he did not send a dispute letter because he believed he should not have to do so. Thus, the only allegation is that Ocwens reporting is inaccurate. As such, borrowers complaint is premature. Now ; the facts are ;  Ocwen  failed to report to the credit bureaus.  Ocwen  failed to update all their records when we made our mortgage payments in advance.  Ocwen  failed to update their records to reflect accurate information which is considered, bad business practices, misconduct. Ocwen took short cuts by not updating their system daily! Ocwen provided inaccurate or incomplete information into its real servicing system. Not only should Ocwen have updated their payment history, payments received from borrower, but  Ocwen  should have updated their credit history section along with the credit reporting sections within  Ocwen Loan Servicing! T he credit history is a section within  Ocwens Real Servicing System w hich reflects what has occurred with Ocwen and the borrower.  Ocwen  and its attorney will argue this fact but as you can see on the credit history sheet from Ocwen, this form reflects additional comments such as D no payment history available this month! Per the  XXXX  credit report that was printed, the credit bureaus do NOT use a D no payment history available this month in the credit bureau details section! This credit history is used for information and is not used for credit reporting as the credit reporting form is used to notify all credit bureaus of the status, current balance and date reported to the credit bureaus! Ocwen believes that their policies and procedures exceed federal laws, state laws and consumer rights! The attorney stated that the borrower reviewed his credit report on  XXXX  website and noted that these months had a D, meaning no payment history. Per my initial complaint I stated ; Then, I went onto   XXXX   website and found that Ocwen failed to report for  XXXX   XXXX ,  XXXX ,  XXXX  and  XXXX   XXXX  which reflects as data unavailable. The attorneys statement was incorrect, false or invalid! This attorney is un-ethical and un-professional as he stated incorrect information! As I stated in my initial complaint, I did not send a dispute letter to Ocwen or any of the credit bureaus, disputing the current credit reporting inaccuracies. In the past, I have filed disputes with Ocwen and the credit bureaus due to  Ocwen Loan Servicing  credit reporting issues! NOTE : we have documentation in writing which was sent by certified mail that we did in fact dispute Ocwens past, credit reporting issues. The CFPB can view additional complaints filed in the past which have documentation attached to these complaints. The attorney for Ocwen stated ; Borrower states in the complaint that he did not send a dispute letter because he did believe he should not half to do so. Per my initial complaint I stated on the second page ; note ; we have not disputed these inaccuracies with the credit bureaus for multiple reasons . 1st, Ocwens w ebsite reflects inaccurate information that must be corrected by  Ocwen  only. The credit bureaus will not address Ocwens website inaccuracies!  2nd, Ocwen  failed to report to the credit bureaus and we should not be required to dispute these inaccuracies with the credit bureaus due to Ocwen constantly reporting inaccurately or not reporting at all! 3rd, federal and state agencies must be informed of mortgage companies bad business practices. As you can see, this attorney response was nothing like my complaint which this attorney provided a false statement which maybe consider unethical! The attorney further stated, as such, borrowers complaint is premature. The legal definition of premature is ; ahead of time, mistimed, overhasty, rash, untimely! The facts are, Ocwen had months in order to update their system completely to reflect accurate information!  Ocwen  had months to report our  XX/XX/XXXX  mortgage payment to the credit bureaus! This means that Ocwen had ample time to report accurately and update their system which is not premature as the attorney stated!   The attorney for Ocwen further stated ; credit reporting is governed by the FCRA,  15 USC 1  681.  Under the FCRA, a furnisher of information to credit reporting agencies has a duty to investigate and correct any information upon notice of a dispute by a consumer to a credit reporting agency or upon receipt of a direct dispute from the consumer that complies with statutory and regulatory requirements. Now, as I explained previously, in the past,  Ocwen  has continuously failed to update their records, failed to report or report accurately on our mortgage account. We are exercising our rights to file complaints against Ocwen through the CFPB or any other agency so Ocwen can address the concerns, correct the issue in the allotted time allowed and allow federal and state agencies investigate the complaints for any and all violations!   Ocwens attorney further stated ; further, the CFPB complaint does not satisfy the regulatory requirements to qualify as a direct dispute. I disagree with this statement from the attorney. The facts remain ; per the CFPB, the CFPB has sued  Ocwen Loan Servicing o n multiple occasions. Recently, in  XXXX , the CFPB filed suit against  Ocwen  over accusations of widespread misconduct on how it serviced borrowers loans! Ocwen has failed to properly credit payments to borrowers accounts! Pe r 12  CFR  1022.42, al l furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency! Ocwens policies and procedures interfere with Ocwen updating their system correctly, prior to reporting to the credit bureaus!    Ocwens  attorney further stated ; setting aside the failure to comply with applicable federal law, borrower acknowledges that he is aware of Ocwens policy regarding reporting during a complaint or investigation. However, borrower states that he believes enough time has passed to complete an investigation. Per my initial complaint on the second page it states  ; Ocwen Loan  servicing had enough time to update their system to reflect accurate information and all the credit bureaus to reflect, current or paid as agreed! If anyone looks at the dates that are disputed along with the date that this complaint was filed, you can clearly see that months did in fact pass which Ocwen did in fact have ample time to correct these issues mentioned above without getting the CFPB involved! The attorney further stated ; while this claim is itself subject to dispute, borrower fails to inform the CFPB of the more critical fact that he has engaged in a series of complaints during the appropriate time period. Per my initial complaint ; I stated ; it appears that we have not filed a complaint with the CFPB against Ocwen for a couple months. Per our records, the last complaint filed with the CFPB against Ocwen was in  XXXX   XXXX .  Ocwens  attorney responded to another CFPB complaint on  XXXX   XXXX   XXXX , complaint #  XXXX  and  XXXX . It is now  XXXX   XXXX , approximately  three  month later and  Ocwen  is still failing to perform their duties as a mortgage servicer!  Ocwen Loan Servicing c ontinues to violate consumer/ borrower rights! NOTE :  Ocwen Loan Servicing  is obligated and required to properly credit mortgage payments and provide accurate information at all times!   We request that Ocwen changes its policies and procedures to input accurate information into their system on a daily basis, not just in the payment history as Ocwen does but also in  Ocwens  credit history and credit reporting sections!  Ocwen  has continued their bad business practices, un-fair business practices and misconduct on how it services borrowers loans. Ocwen must cease and desist all bad business practices and misconduct. Since  Ocwen  hired an attorney that provided a false or invalid statement  ( s ), Ocwen m ust be held liable for their attorneys statement! If Ocwen fails to update borrowers loan information on a regular basis and continues to use attorneys that provide inaccurate information, we exercise our right to provide documentation to media sources so other consumers and investors will know Ocwens bad business practices which they  may  consider using another company rather than Ocwen in the future! We also exercise our rights to file additional complaints if Ocwen fails to comply with our requests or violates federal and state laws! Due to Ocwens action past and present, Ocwen caused these complaints to be filed. We will not cease and desist until Ocwen manages our mortgage loan correctly as required and provide all information that we requested through the CFPB in the past!

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation