Consumer complaint received 2017-05-04
Company: Ocwen Financial Corporation
State: MO
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
There are no notice of assignments recorded  at county sh owing loans Deed of Trust has been service transferred to  Ocwen. Recording of th e deed of Trust is required especially under Missouri power of sale provisions. The servicer must possess servicing rights to the Deed of trust in order to foreclose . Ocwen has failed to demonstrate proper assignments of custodial servicing rights to the loan at the county l and recorders office of  XXXX   XXXX . Hence the reasons why there are very stringent notice requirements and the legal documents are required to contain the power of sale language in order to use the non-judicial foreclosure method.     Due to Ocwen failed proof of loan assignments its highly logical to determine that the acting substitute trustee which is  XXXX   XXXX   XXXX  at phone number  XXXX  ; is attempting to, execute a power sf sale under invalidated circumstance s. Ocwen in dicates that they are executing sale based on a previously recorded Substitute deed of Trust from  XXXX , which   may be in error due to Ocwen faults and failed proof in loan assignments.
Furthermore, Ocwen,   provided no written notice of foreclosure sale date of  XXXX   XXXX ,  XXXX . Used illegal foreclosure attempts and tactics ignored, due process under Missour i State  non-judicial foreclosure laws.  XXXX   XXXX   XXXX  alleges to have mailed certified letter indicating the scheduled  XXXX   XXXX ,  XXXX , sale date back on  XXXX   XXXX ,  XXXX . No letter has ever been received to date, as it was to be addressed to me property address. The entire process has been a game of smoke and mirrors with  Ocwen. They are belittling the mortgage crisis and the system for their own companies gains. Both Ocwen  and their sister company Alti-source  XXXX   XXXX ,  ( f oreclosure mill ) is nothing more than a roulette system of confusion, foreclosure and profits. Both have seen devastating losses from a recent law suit brought by the Consumer Financial Protection Bureau  ( CFPB ).    * *Attempted to commit  Fraud an d misrepresentation to foreclose by executing illegal foreclosure action with notification nor publications. Violation of Notice requirements are referenced in Missouri Revised Statutes Chap ter 443.320. A notice of  foreclosure sale must be published at lease  twenty ( 20 ) times and c ontinued to the day of sale in the event the property is located in a city of  XXXX  inhabitants or more. In other geographical areas publication must  occur four at least four  successive weeks the last advertisement no more than a week from the date of the sale. Within 20 days of the date of the sale the trustee must provide notice by registered or certified mail to the borrower and other parties in interest of the sale date and time, the terms of the sale and a description of the property to be sold. Foreclosure sales are to be held between  XXXX  and  XXXX  to be deemed commercially reasonable.  Ocwen has violated all, Sale  requirements which are referenced in Missouri Revised Statutes, Chapter  443.327.      It is also my belief that there is no power of sale language within the Deed of Trust, however  Ocwen has refu sed to respond to qualified written request ( QWR ), nor have they identify a power of sale addendum/clause within. All sale attempts should be cancelled immediately and followed with investigation accordingly.   That being the cas e Ocwen shoul d be forced to complete a foreclosure via judicial process with a 1 year right for redemption period in which I have to pay the balance of the loan or not.   Im demanding that these illegal acts be addressed and that my foreclosure be remained cancelled . Ocwen is currently  being sued by the CFPB for these very same acts of treachery

Company response to consumer: Closed with explanation