Consumer complaint received 2016-01-13
Company: Ocwen Financial Corporation
State: NY
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
This is in reference to Case # : XXXX, to which Ocwen Loan Servicing , LLC, responded to electronically to the CFPB on XXXX/XXXX/XXXX ( copy attached ). 
With regard to this XXXX/XXXX/XXXX electronically submitted response to the CFPB, there continues to be false, deceptive, manipulative & misleading statements/explanations by Ocwen with respect to the true facts. 
Ocwen maintains that its XXXX/XXXX/XXXX late payment reporting to the credit reporting agencies remains unchanged. To that effect and in view of the fact that Ocwen has been relentlessly providing false, deceptive, manipulative statements & explanations to the CFPB, a regulatory federal agency, Ocwen deserves to be financially penalized for such egregious actions on its part. 
Ocwen repeatedly asserted & continues to assert that it paid property taxes to XXXX County on XXXX/XXXX/XXXX. However, Property Tax-Tax Bill current records ( copies attached ) show that such property tax bill was in fact paid on XXXX/XXXX/XXXX ( a day after I effectuated the closing sale of my home in XXXX, Florida ) by XXXX. Such payment was never made by Ocwen within the time period it repeatedly kept on refering to. And, its reference to a XXXX/XXXX/XXXX email supposedly to XXXX XXXX XXXX, XXXX from Ocwen, is erroneously being described as such by Ocwen. In fact, in my most precedent complaint, I submitted an email attachment which is from XXXX to me and which states according to XXXX representative : " I just spoke to Ocwen. The taxes HAVE NOT been paid. They are scheduled to be paid by the end of the month. They are assessing you a {$480.00} fee for the shortage that will be in the account once the taxes are paid. They collect that in advance of paying the taxes. At this time, I will have to collect the taxes on the HUD. I ca n't adjust the payoff in anyway and you would have to consult with them to get the refund back after closing. The new payoff brings your cash to close total to {$2900.00}. This would have to be paid at closing on Monday in the form of a cashier 's check. Please advise how you would like to proceed. '' That verbal communication which XXXX reports to have had with Ocwen re-enforces the fact that Ocwen had told XXXX that it would not pay the taxes until by the end of XXXX ( and why did Ocwen suppossedly went ahead afterward to pay the taxes again, once they had already been paid by XXXX? ). 
The payment of taxes by Ocwen in late XXXX and not on XXXX, is unequivocally supported by the response to me by the Deputy Tax Collector at XXXX County which explains in her email ( copy attached ), that on XXXX, XXXX that XXXX County issued a refund check, # XXXX in the amount of {$13000.00} for reimbursement of several parcel accounts that were previously paid, one of which was my parcel. 

Nevertheless, Ocwen states in its most current correspondence that it received a tax refund of {$2900.00} on XXXX/XXXX/XXXX, which in fact contradicts the explanation given to me by XXXX County 's Deputy Tax collector. 

Ocwen uses the PayOff Quote document which it had submitted to validate its entrenched resolution for keeping unchanged the delinquency reporting to the Credit Bureaus. However, its letter also clearly stipulates the followoing : " After the payoff funds have been applied, and the account has been reconciled, any overpayment of funds will be returned to the borrower through regular mail within 20 days of the date funds are received. Escrow account overages will be disbursed within 20 days. '' The total loan payment to Ocwen was made on XXXX/XXXX/XXXX and the property taxes were paid by me ( via XXXX XXXX XXXX, XXXX on XXXX/XXXX/XXXX ), so why is it until now that no refunds have been submitted by Ocwen? 
It is my firm belief that for as much as Ocwen can stubbornly continue to report a delinquency, it should also be financially penalized.

Company response to consumer: Closed with explanation