Consumer complaint received 2015-07-16
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Credit decision / Underwriting

Complaint:
Please accept this as a formal complaint against Ocwen Loan Servicing , LLC for failure to abide by RESPA guidelines. It is unfair and deceptive practice of OCWEN to request all necessary the information for their investigation and to still have our compliant as an unresolved matter. The original submission of our complaint to Ocwen was on XXXX/XXXX/XXXX and Ocwen made the first day of the investigation, effective XX/XX/XXXX once it was taken over by a different department, Office of Consumer Ombudsman at Ocwen. It has now taken XXXX days and the issue is still unresolved. Under RESPA, an institution may be granted a XXXX day extension following the expiration of the first XXXX days after receiving the request. Please note my written request, per their instruction, was submitted XXXX/XXXX/XXXX ; as of today, XXXX/XXXX/XXXX, I have yet to receive a resolution from Ocwen. For your reference, please note the following : On XXXX XXXX, XXXX, I purchased a single family property located at : XXXX XXXX XXXX XXXX, CA XXXX, XXXX # XXXX with a first loan in the amount of {$430000.00} through XXXX XXXX XXXX Mortgage and a second loan with XXXX XXXX XXXX in the amount of {$100000.00}. Approximately XXXX month later after funding the loan, XXXX XXXX sold the servicing rights to XXXX Mortgage which was subsequently sold to GMAC in or around XX/XX/XXXX-XX/XX/XXXX. GMAC filed for bankruptcy and the remaining assets were acquired by Ocwen in or around XX/XX/XXXX-XX/XX/XXXX including my loan, account number # XXXX. On XXXX XXXX, XXXX, I short sold the property located at XXXX XXXX XXXX XXXX, CA XXXX ( Ocwen 's records show XXXX XXXX XXXX XXXX XXXX, CA XXXX, and should say " XXXX '' ) ; however, this did not report accurately on my credit report and it was found that as of XXXX XXXX, XXXX, the balance of the second loan is still reflected on my credit report. My wife and I are currently in the process of obtaining a full conditional approval for a mortgage loan through XXXX XXXX XXXX XXXX. Due to the fact that Ocwen is still on my credit report, we have not received the approval and this is negatively impacting my FICO score as the balance shows unpaid. I escalated the matter to Ocwen 's Office of the Consumer Ombudsman on XXXX/XXXX/XXXX and have provided all legal and recorded documentation indicating that as of XXXX/XXXX/XXXX I am no longer responsible for this property. A copy of The Substitute of Trustee & Deed of Full Reconveyance filed XXXX XXXX, XXXX with the County of XXXX XXXX by XXXX XXXX XXXX followed by the Full Reconveyance filed XXXX XXXX, XXXX with XXXX XXXX of XXXX XXXX by XXXX XXXX XXXX Mortgage have all been provided and are in possession of Ocwen. To help speed the resolution process, I also provided copies of the outgoing wire sent by the Title Company to GMAC, the escrow settlement statement and the short sale approval letters. I am respectfully requesting Ocwen to provide proof that the loan is no longer in my name, have their records updated accordingly and also this matter be reflected on my credit report, having it backdated to the respective XX/XX/XXXX timeframe. I have provided all the necessary documentation and more than complied with all their request. It is unfair to me and my family that this matter has not been resolved and that we continue to miss out on good opportunities to purchase a home. I kindly ask that you please hold Ocwen and its executive office accountable for their actions. This is clearly a violation of RESPA and TILA and unfortunately now find myself with no choice but to escalate this complaint through your regulatory agency, who has jurisdiction over RESPA matters. Thank you for your time and attention to this matter.

Company response to consumer: Closed with explanation