Consumer complaint received 2017-04-27
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
To Whom  It May Concern, for  years we have been trying to modify our loan. After years of being frustrated, we consulted with an attorney to find out  if Ocwen Loan Ser vicing,  LLC, herein after referred to as Ocwen, is ev en the entity we are suppose to be dealing with and/or if  XXXX   XXXX   XXXX    XXXX   XXXX   XXXX , hereinafter referred to as  XXXX ,  and/or Ocwen is the act ual entity or entities that have the authority to negotiate our loan. Our main problem is that we have not been table to obtain information that we can trust as to who actually has the rights on our loan. The information provided to us  by Ocwen does not demonst rate or evidence a clear chain of title to  XXXX  nor does it match up to the recorded chain of title in the  XXXX   XXXX   XXXX  's  XXXX . The servicing of our loan has not always been with  Ocwen. Ocwen received the servicing of our loan after our loan was in default. We believe Ocwen is attempting to collect on a debt that they do not have the authority to collect on and they have falsely represented the character, amount, and legal status of the debt.   We also believe that since  XXXX  recorded their alleged interest in our alleged debt obligation after the alleged debt obligation was already in default, they, too, are nothing more than a debt collector themselves. Based on information and belief,  XXXX  is not our creditor but a debt collector based on the Fair Debt Collection Practices Act, hereinafter referred to as FDCPA. We are filing this complaint agains t Ocwen becau se we believe their continuous efforts to collect a debt and attempts to foreclosure on our property is in violation of the FDCP A, specifically 15 U.S.C. section 1692f ( 6 ) A which states that a debt collector may not take or threaten to take any nonjudicial action to effect dispossession or disablement of property if there is no present right to possessio n of the property claimed as collateral through an enforceable security interest. They are presently trying to take a nonjudicial action on  XXXX   XXXX ,   XXXX  . Under the FDCPA a debt collec t may not use unfair or unconscionable means to collect or attempt to collect a debt. Although we presently have a federal lawsuit against Ocwen and have alleged FDCPA violations, Ocwen is still attempting to proceed with a nonjudicial foreclosure. As defined by the FDCPA, Ocwen is a debt collector. As defined by t he FDCPA,  XXXX  is a debt collector and not a creditor.  XXXX  can not be a debt collector and a creditor. Only a creditor has the right to enforce a debt.  XXXX  is not the beneficiary of the debt obligation as claimed. The real creditor is actually unknown to us at this time. We have been informed that a debt collector must prove that we owe the debt and  Ocwen a nd  XXXX  have failed to do that. They can not supply us with copies of documents that are not admissible evidence and believe we are to take the information they give us without adequate suppo rt. Ocwen an d  XXXX  have failed to demonstrate the  money trail to this alleged beneficiary. Furthermore, as a debt collector, Ocwen  and  XXXX  have failed to prove their relationship to the lender. My Deed of Trust says that it is the lender who has the power to do whatever it is he has the power to do within t he four corners of the contract. There is no documentation that evidences that Ocwen is now acting on behalf of the lender. We are filing this complaint with the CFPB because Ocwen  and  XXXX  are blatantly disregarding the law. If we do nothing they will wrongfully and fraudulently take our property and continue to disregard the law.     Thank you,  XXXX  and  XXXX   XXXX

Company response to consumer: Closed with explanation