Consumer complaint received 2016-01-17
Company: Ocwen Financial Corporation
State: TX
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Ocwen is not adhering to the new servicing standards for servicing loans found in the National Mortgage Settlement. Ocwen is using a robo-signed document that was filed on XXXX XXXX, XXXX to foreclose on our home. This document was first filed by an employee of Homeward Residential f/k/a American Home Mortgage Servicing Inc. Ocwen began servicing our loan XXXX/XXXX/XXXX. When Ocwen took over the servicing of our loan, our attorney sent Ocwen a letter on XXXX XXXX, XXXX stating that we dispute the validity and recoverability of the note. We had a lawsuit with American Home Mortgage Servicing Inc., in XXXX County. Discovery with the defendant American Mortgage Home Mortgage Servicing Inc revealed troubling discrepancies, including but not limited to the authenticity of the loan documents, the transfer of ownership of the loan, the alleged inclusion of the loan into the Option One Mortgage Loan Trust XXXX, the limitations imposed by Option One Mortgage Loan XXXX, and robo-signed document filed in the land records office on XXXX XXXX, XXXX. Our attorney asked Ocwen to provide the name and address of the original creditor, as well as the document evidencing transfers that would give Ocwen the authority to service the loan. Ocwen finally responded to this request on XXXX XXXX, XXXX. Ocwen informed us that they would not be able to provide us with the original wet ink signature loan documents. They informed us that we could contact their customer care department to remit the applicable fee and request the required loan documents. 
Ocwen is in violation of Texas State Laws and the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects consumers from unfair, deceptive or abusive acts or practices by mortgage servicers. Ocwen is in violation of the proposed consent order with the Consumer Financial Protection Bureau, XXXX States, and the XXXX that is dated XXXX/XXXX/XXXX. 
XXXX XXXX XXXX, XXXX, Tx XXXX is our homestead and primary residence. Ocwen has listed our home for foreclosure sale on XXXX/XXXX/XXXX. Ocwen has not provided accurate, reliable, or competent evidence. Ocwen has violated XXXX XXXX, Texas Government Code, Section 51.904. XXXX XXXX XXXX f/k/a Option One Mortgage Corporation, a California Company filed a fraudulent assignment of Deed of Trust in XXXX XXXX. XXXX XXXX retroactively attached our mortgage to a securitized trust that was closed and sold to investors 5 years earlier, the bank violated a Texas law that prohibits fraudulent real estate filings. This assignment of deed of trust was signed by a known robo-signer XXXX XXXX. Ocwen is relying on this fraudulent instrument to foreclose on our home. Declaration from President of XXXX XXXX XXXX f/k/a Option One Mortgage Corporation, a California Company from XXXX that XXXX XXXX XXXX is no longer engaged in the servicing of residential mortgage loans. XXXX XXXX has no servicing rights and does not own any residential real estate mortgages. 
Affidavit from XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, states that XXXX XXXX, person who signed the Assignment of Deed of Trust, is listed on XXXX XXXX XXXX Approved Robo-signers list. Our Chain of Title has been corrupted. OOMLT XXXX was contractually closed from conducting business after the closing date of XXXX/XXXX/XXXX. Any attempt to assign the subject loan to the trust after the cut-off date would be in direct contravention of the laws governing the Trust ( PSA ) and thus rendering the fraudulent assignment of deed of trust filed in XXXX XXXX in the XXXX County Land Records office void. Ocwen has not produced copies of assignments of mortgage or deed of trust to demonstrate the right to foreclose on note under state law. Ocwen is still engaging in illegal behavior that has put us in danger of losing our home.

Company response to consumer: Closed with explanation