Consumer complaint received 2018-03-22
Company: Ocwen Financial Corporation
State: CT
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
In XXXX  I fell behind on our Mortgage Payments. It eventually led to a Foreclosure Lawsuit filed by XXXX XXXX  XXXX, XXXX XXXX, as Trustee for XXXX XXXX XXXX XXXX XXXX,  XXXX XXXX XXXX XXXX. I had NO idea who this was, since my Mortgage was with XXXX XXXX XXXX XXXX. If my loan had been sold, I was not informed. So I called and asked, " Could you tell me who owns my note, and give me some proof? I want to be paying the right person. '' At that time I was told that they couldn't tell me. And to this day, neither Ocwen nor the Trust has given me any proof that they actually own the note. 

They have filed four foreclosures against my wife and I. In the last one, filed on XX/XX/XXXX ( return date ) it was eventually dismissed for no action on their part ( as I stood there in Court with my Attorney that day to defend myself ). In short they have harassed and harassed us for years and then wasted all my time defending myself, which cost me a substantial amount of resources, for nothing. 

Currently, they are pursuing the fourth foreclosure on my property in eight years, and again bullying and costing me a substantial amount of time and resources. I am complaining because of their constant seeming contravention of regulations and law. Such as : 1. They have refused, for years, to provide a full accounting of each and every payment, charge, fee, etc. So, we don't actually have a payment/charge history, since they cant provide one.

2. They have signed me up for Modifications which I have not agreed to and begun billing me new amounts that I never agreed to.

3. They submitted incorrect Mortgage statements with outrageous Escrow Payments amounts and other charges.

4. Many mortgage statements have included the wrong payment amounts.

5. They have filed in court a fraudulent assignment of the Mortgage, bifurcating the Note and Mortgage. This happens to violate the Trust structure and regulations, even if it was valid. The Trust was closed to new Mortgages in XX/XX/XXXX. It was therefore impossible to put a defaulted Mortgage into the Trust at the date of this assignment. Also, he agency of an entity that didnt exist was forged - XXXX XXXX XXXX  XXXX didnt exist at the date of this assignment ( they hadnt existed for many years ) and most notably, having not existed and paid fees, were not members of MERS. ( Attached ) 6. They have filed in court a Modification which I had not agreed to on this loan. ( Attached ) 7. They have failed to provide a chain of title. I.e to prove that they are actually the Owner of the Note.

8. They have filed in court, on statements and in public recored for investors in the Trust multiple principal amounts. I.e. it is impossible to know the current principal, especially considering # 1 above. These different amounts are : Original Principal Amount XX/XX/XXXX : {$770000.00} Modification Amount ( 1 ) XX/XX/XXXX {$790000.00}  Modification Amount ( 2 ) XX/XX/XXXX {$210000.00} Principal Amount XX/XX/XXXX : {$750000.00} Principal Amount XX/XX/XXXX : {$660000.00} I have to believe considering their behavior that there are a host of violations of the Connecticut Banking Department Regulations as well as Federal violations such as those of the CFPB, TILA and RESPA. 

In short it has been ever so confusing, vague and of the appearance that they clearly are NOT the Owner of the Note and Mortgage, because they cant even administrate it correctly and they are completely evasive about proving that they properly own it. Their recent bullying in Court only reinforces their appearance of nefariously obtaining the information on my loan and trying to make money from it that they shouldnt. And if by some momentous act, they pull together the documentation, it has been 8 years in the making. Weve waited that long for it.

At this point, if I am told that they will defend any other claim on my Note and Mortgage, I am willing to work out a Modification with them, and I have offered to do so, with THEIR figures : Our first attempt was to agree take THEIR Modification filed in Court during this current Foreclosure of {$210000.00}. They refused. 

Our second attempt was the principal amount of {$660000.00}. They refused. 

My logic in doing this is that I can either continue to pay my attorney, expenses of which have exceeded {$200000.00} at this point, or I can find a way, whether I agree with them or not, to settle on an amount that puts this issue to close. 

Whatever the solution, we believe that they are not due any interest from the time that I began requesting information from them ( XXXX ) and they did not provide it, which continues to this day. 

To date they, through their attorney have been confrontational, bellicose and refusing to provide the kind of information that would prove that they are the Owners of the Note. ( I should state that in all of those years since XXXX, they have only produced the actual Note in Court last year, XXXX. That is 8 years after I initially asked them and after many many requests since then. ) While this adds some credence to their claim, it proves either that they are thieves or that they might own the note. It doesnt prove that the actually own in - I am stating this in accordance with their Trust creation documents, and it also aligns with New York Trust Law  ( they are a NY Trust ). Compounding this is there absolutely inept servicing of the loan, which truly only heightens the alarms about their ownership. 


We are hopeful that someone can help us, and at this point I am reaching out to all avenues I can, to finally bring peace to me house. Any help would be appreciated. 


Sincerely, XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation