Consumer complaint received 2019-11-01
Company: Ocwen Financial Corporation
State: NV
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
FRAUD AND DECEPTIVE PRACTICES PHH AND OCWEN MORTGAGE SERVICING Nevada Division of Mortgage Lending Issues Cease and Desist .. to Ocwen Financial and Trustee sale Scheduled for XX/XX/2019 More than 20 State Mortgage Regulators, including the State of Nevada Division of Mortgage Lending ( MLD ), have issued simultaneous regulatory orders or charges to subsidiaries of PHH/Ocwen Financial Corporation to address violations of state and federal laws including the mishandling of consumer escrow accounts, unlicensed activity, and a deficient financial condition.

Mortgage escrow accounts are utilized to pay taxes and insurance and hold borrower funds that the company is entrusted to appropriately disburse. The majority of orders, including the order issued by the Nevada Division of Mortgage Lending, prohibit the acquisition of mortgage servicing rights and the origination of mortgage loans until the company is able to prove it can appropriately manage its existing mortgage escrow accounts and prevent harm to consumers.

The Divisions order was issued as a result of the culmination of several years of multi-state examinations and monitoring that revealed the company has mismanaged consumer mortgage escrow accounts. PHH/Ocwen services the mortgages of approximately 17,234 borrowers in Nevada.

The Division joined in this action today to protect Nevada homeowners, and will continue to work in concert with both the Consumer Financial Protection Bureau and the Conference of State Bank Supervisors to make sure PHH/Ocwen is held accountable to borrowers. This is now a large federal and multi-state action, but the Divisions first obligation is to safeguard Nevada borrowers and provide as much information as we can as this process develops, said Division of Mortgage Lending Commissioner XXXX XXXX.

NOTICE : State Mortgage Regulators have been closely monitoring PHH/Ocwen throughout the last year. As identified in many of the state orders, the regulators became increasingly concerned with PHH/ Ocwens handling of consumer accounts, apparent unlicensed activity, and the companys ability to manage itself as a going concern. This situation left regulators with little choice, but to file enforcement orders against the company.

Property Information : Account Number XXXX PHH/Ocwens Case Number XXXX Address : XXXX XXXX XXXX XXXX XXXX XXXX, Nevada XXXX Summary : There is evidence of Fraud regarding the Escrow and the illegal activity of PHH/Ocwen Regarding Violation Of the US District Attorney regarding violation of Matrix 's This includes the metric argument, the prior wrongs with how they handled your loan modification requests, and we want to submit a request for a new loan modification because we want to argue that they cant foreclose while a loan modification request is pending. We will of course argue that the expiration of the statute of limitations on the note impacts the deed.

There is a foreclosure sale and Auction scheduled for XX/XX/2019 which was issued while in appeal. The Foreclosure and Auction Date is fraudulent and as issued in the Appeals letter that 30 days is sanctioned for appeal and all foreclosures and or Auctions will not be enacted during the Appeal Stage.

A CEASE AND DESIST WILL BE ISSUED BY THE XXXX   COUNTY COURT AND FURTHER LITIGATION MUST BE PURSUED UNTIL THE FAULTS AND ILLEGAL ACTIONS ARE RECTIFIED AND ACCORDING TO CFPB AND STATE BANK SUPERVISORS.

On XX/XX/XXXX and the XX/XX/2019, a phone call was placed to PHH/Ocwen, stating that an appeal has been drafted from the office of Attorney XXXX XXXX XXXX. Criminal Law, and the oral submitted response puts an automatic hold on any proceedings of foreclosure and auctions that were illegally filed into the XXXX   County Records while violating the 30 day response time given for rebuttal. This illegal violation of sending out notices of foreclosures and auctions slated for XX/XX/2019, preceded the required written/oral 30-day time limit established for a written or oral response to the foreclosure and auction which was scheduled for XX/XX/2019.

The CFPB ( Consumer Financial Protection Bureau ) has been made aware of PHH/Ocwens illegal procedures of foreclosures during an appeal process for XXXX. XXXX XXXX property as listed above, is in direct violation and has intervened into the investigation of their illegal practices and the US Attorney General XXXX XXXX, along with the State of Nevada District Attorney General XXXX XXXX, have thorough knowledge that PHH/Owens violation of Nevadas Mortgage Foreclosure Act and irresponsive mortgage modification determinations have eroded the and breached the covenant of good faith and fair dealing.

During the call to PHH Dated XX/XX/XXXX with all emails and faxs sent to PHH/Ocwen and XXXX XXXX XXXX, it was determined that there would be a Letter of Termination of Auction Schedule for XX/XX/2019 sent to all Government Agencies listed on this document, that will establish that the Auction was Suspended.

ALSO, there would be Termination of all references to the Auction and Photos of the Property to be taken down from ALL sites that advertise Auctions, XXXX XXXX, XXXX and others that are not listed here.

To Re-establish, a Letter of Auction Termination, was to be sent and issued to XXXX XXXX Criminal and Mortgage Fraud, ATTORNEY GENERAL OF NEVADA XXXX XXXX, Attorney General XXXX XXXX   U.S. Department of Justice, Office of the Inspector General Evaluation and Inspections Division and STATE OF NEVADA DEPARTMEN

T OF BUSINESS AND INDUSTRY DIVISION OF MORTGAGE LENDING. *In the Recorded Agreement, there would
be no continuation of the Auction to the next month and there would be no reference of Foreclosures and Auctions on any sites that advertises the illegal foreclosure.

*It is advised that PHH/Ocwen contact your legal representative, XXXX XXXX XXXX XXXX and to be advised of THE CEASE AND DESIST ACTIONS TAKEN, terminating any immediate or future Foreclosures and Auction placed upon the said property, and to judge themselves accordingly as any noncompliance will result in Legal Actions taken against PHH/Ocwen and XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation