Consumer complaint received 2017-12-25
Company: Ocwen Financial Corporation
State: NV
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
CFPB Complaint We request that Ocwen Loan Servicing answers the following questions pertaining to Ocwen Loan Servicing name being on the investor title insurance policy issued by XXXX XXXX XXXX. 
1-Why is Ocwen Loan Servicing name on the investors title insurance policy? 
2- Did Ocwen request XXXX XXXX XXXX to change the investors name from XXXX XXXX XXXX ( our original lender ) to Ocwen Loan Servicing? 
3- Is Ocwen aware that by law, Ocwen must show proof of ownership of the mortgage loan/asset prior to having XXXX XXXX XXXX put Ocwen on the title insurance policy as the investor? 
4- Is Ocwen aware that XXXX XXXX reflects that the title insurance policy is for the investor only? 
5- Is Ocwen aware that XXXX XXXX website clearly reflects that the title to a piece of property is the evidence that the owner is in lawful possession of that property? 
6- Is Ocwen aware that our mortgage loan/asset was sold by XXXX XXXX to another investor per bankruptcy, court order in order to pay their debts? 
7- Is Ocwen aware that the new investor does not need to be a member of XXXX XXXX nor do they need to obey by the membership rules since they may or may not be members? 
8- Is Ocwen aware that on XX/XX/XXXX, we signed a disclosure statement at the time of closing that XXXX  XXXX in named on the mortgage for XXXX XXXX XXXX but reflects that XXXX XXXX is NOT our lender? 
9- Is Ocwen aware, when an asset is transferred or sold without the permission of the current investor, it is unlawful? 
10- Is Ocwen aware that when a servicer, trustee or the nominee ( XXXX XXXX ) sells or transfers an asset without authorization from the current investor, it is considered defrauding an investor? 
11- Does Ocwen and their counsel understand that this is NOT about our NOTE or DEED OF TRUST that was signed by us? What matters if any laws have been violated and who violated these laws! What matters is if our rights were violated at any given time? What matters is who caused the fraud, which caused us mental and emotional damage from XX/XX/XXXX to present! 
12- Is Ocwen aware that in XX/XX/XXXX, we contacted HAMP and notified them of our letter sent to Ocwen along with Ocwens response? 
13- Is Ocwen aware that HAMP stated that if Ocwen tries to foreclose on us, to call HAMP back and notify them of what is occurring? 

14- Is Ocwen aware that we have NO Trespassing signs with cameras on our property which is located at XXXX XXXX XXXX XXXX XXXX Nevada XXXX and by Nevada Law , anyone caught on this property without authorization from the property owner is in violation of Nevada law and will be subjected to prosecution? 
Now, brief explanation what has occurred. In XX/XX/XXXX, I wrote two letters to Ocwen Loan Servicing. One letter was regarding Ocwen updating all the credit bureau inaccuracies which we sent by proof of mailing. The second letter sent to Ocwen was regarding me being XXXX XXXX XXXX through the federal government. I notified Ocwen that if the government shuts down for any reason, I would not get paid and we would not be able to pay our home mortgage until the government starts sending my benefits to us. If this occurred, this would not be any fault of ours! I also notified Ocwen that if they tried to foreclose on us in the future, we request to go to foreclosure mediation to request that the Original Note and the Original Deed of Trust is presented to mediation. By challenging a securitization mortgage, if the servicer does not have the original note and the original deed of trust, they can not foreclose on our HAMP modification agreement per HAMP and XXXX XXXX! Both the original documents must be present in order to enforce our HAMP modification agreement ( per HAMP ). Now, on XX/XX/XXXX, we received a large package that had a cover letter dated XX/XX/XXXX which states ; enclosed is the copy of the document you requested. Now, the documents that Ocwen sent us was ; a modification agreement with XXXX XXXX dated XX/XX/XXXX,  the Deed of Trust dated XX/XX/XXXX, the Note dated XX/XX/XXXX along with title insurance document ( mortgage priority guarantee plus ). NOTE : we did NOT request these documents! Ocwen and their counsel are providing these documents to reflect that we signed the original note and the original deed of trust, reflecting that we agreed upon the conditions within these documents! Now, it is my understanding that under Nevada law, Ocwen is required to prove ownership of our loan/asset in order to be on the title insurance policy! In XX/XX/XXXX, we signed our note and our deed of trust at XXXX XXXX XXXX in XXXX Nevada and our lender was XXXX  XXXX XXXX. Since XXXX XXXX XXXX went bankruptcy in XX/XX/XXXX in XXXX Delaware, they are now not the investor. Per documentation that is in our possession, XXXX XXXX purchased our loan from XXXX XXXX XXXX in XX/XX/XXXX. XXXX XXXX stated in writing that they placed our loan/asset into a pool of trust known as XXXX XXXX XXXX XXXX XXXX. Then, XXXX XXXX XXXX which was owned by XXXX XXXX sold our loan to XXXX XXXX, per our modification agreement. In XX/XX/XXXX, XXXX XXXX and all their affiliates went bankruptcy in XXXX Delaware, was ordered by the court to sell all their assets to pay their debts. XXXX XXXX then closed their business! This means that XXXX is not the current investor anymore! This means that there is another investor and most likely not a member of XXXX XXXX which means that the investor does not need to obey by XXXX XXXX membership rules. This means that XXXX XXXX unlawfully had Ocwen Loan Servicing create a transfer of Deed of Trust to the trustee, XXXX XXXX XXXX in XX/XX/XXXX without the permission of the new investor which is unlawful! We then sent multiple letters to XXXX, requesting an un-broken chain of assignments from our original lender, XXXX XXXX XXXX to present. As of today, we have not received anything from XXXX. It appears that XXXX  never tracked our mortgage as required by the agreement between XXXX and all their clients such as XXXX XXXX XXXX. 

Per our original mortgage paperwork that we signed at XXXX XXXX XXXX in XX/XX/XXXX, there is a disclosure statement about XXXX which states ; XXXX is a company separate from your lender that operates an electronic tracking system for mortgage rights. XXXX is NOT your lender ; it is a company that provides an alternative means of registering the mortgage lien in the public records. This means that XXXX was supposed to maintain assignments from one investor to another. Furthermore ; this document clearly reflects that XXXX is NOT the investor and XXXX XXXX XXXX did NOT grant XXXX any power to sell or transfer our mortgage loan/asset to anyone, at anytime! 
With that being said, our loan can not legally be sold or transferred to Ocwen Loan Servicing or to XXXX XXXX XXXX without the current investors permission! By selling or transferring a loan/asset that belongs to another investor without permission is un-lawful. Furthermore ; the agreement between XXXX XXXX XXXX and XXXX  must be considered null and void since XXXX XXXX never created a chain of assignments from XXXX XXXX XXXX to present as they were supposed to do by tracking each loan when they were sold or transferred! I wonder if this would be considered a breach of contract between XXXX XXXX and XXXX XXXX XXXX! Furthermore ; this complaint serves as notice to Ocwen Loan Servicing that Ocwen Loan Servicing, any person or company are NOT authorized on our property at anytime! This complaint also serves as notice that we exercise our rights to have any and all future foreclosure documents be delivered to us properly ( served in hand ) and that we will go to foreclosure mediation requesting the original note and the original deed of trust present in court, in order to enforce the HAMP modification! We also exercise our rights to have a document examiner present in court, in order to verify the documents authenticity! 
We request that Ocwen Loan Servicing and/or Ocwens counsel must answer all of our questions above truthfully and under penalty of perjury. As you well know, perjury to a federal or state agency that has an open complaint/investigation is against the law! We request a full investigation into this matter by federal and state agencies. If any laws were violated, all parties that violated our laws must be held accountable for their actions! Due to the fraud that has occurred all parties involved with our mortgage loan/asset have caused us unnecessary pain and suffering, mental and emotional damage from XX/XX/XXXX to  present, which we will request compensation in court! Please see the supporting documents within the document section!

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