In XXXX XXXX I filed a complaint against Ocwen loan servicing, LLC because onXXXX of their XXXX filed a false affidavit in my foreclosure case. The response came from XXXX XXXX of XXXX XXXX XXXX. I was unable to respond to the response in a timely manner due to illness. I am now bringing this complaint against XXXX XXXX as representative for Ocwen for defamation of character of myself and my husband in her response to the complaint. It is filled with lies and she is aware the statements are lies. 
1. In her response to our statement that XXXX XXXX ( the prior servicer of our loan ) did not apply payments for over 6 months, she said that we did not make payments in XXXX and XXXX of XXXX so XXXX held our payments in suspense. 
XXXX XXXX is quite aware that there were no payments due in XXXX or XXXX of XXXX per the XXXX XXXX XXXX. This agreement recast the XXXX and XXXX interest and added it to the principal and the first payment of the modification was due on XXXX XXXX, XXXX. The contract is a simple, clear, unambiguous contract that states the above. Seeing as she is a practicing attorney it would be proper to believe that XXXX XXXX is capable of reading a simple contract. Other business records such as the payment records and the phone records support the contract and that no payment was due for XXXX of XXXX of XXXX. 
2. In response to our statement that Ocwen/Saxon has been trying to steal our home she states that our statement is false because we continue to live in the house while we fight the litigation after our default. We did not actually default. We stopped paying the mortgage payment for 2 reasons. 1-because we are exercising our right under the material breach of contract laws and 2-because the damages caused by this breach devastated us financially and we had no way to pay anything and were forced to let the matter go to court so we could countersue for material breach of contract. It is the mortgage holder that initially delayed the litigation for almost 4 years after the initial filing of the foreclosure because they did nothing. They did nothing because they were in the wrong. The case went through a couple of law firms before XXXX XXXX XXXX took on the case. My guess would be because other firms did not want stoop to falsifying evidence to defend a corrupt client. But XXXX XXXX does not seem to have a problem with it. 
3. In response to our statement that Ocwen materially breached the contract XXXX XXXX states we breached our mortgage and note. NO WE DID NOT. We have evidence and facts that show that XXXX breached the contract in a way that can be construed a material ; they did not apply on time payments from the inception of the XXXX XXXX XXXX for many months and not until an attorney got involved. As soon as we discovered our legal recourse we took action under the belief that their actions constitute a material breach of contract. Ocwen accepted the prior actions of XXXX when they took on the servicing of the loan. 
4. In response to our statement that there were no payments due in XXXX or XXXX XXXX she lies and says there were payments due. Again we can revert to the very simple reading of a contract and common sense. We entered into a XXXX XXXX agreement in XXXX XXXX. We negotiated this agreement because of financial hardship. The modification required a down payment in XXXX XXXX that was clearly paid per all records, BUT WAS UNAPPLIED. The contract clearly states that the interest for the XXXX and XXXX payments was to be recast and ADDED TO THE PRINCIPAL. The contract also clearly states the first modification payment due is XXXX XXXX, XXXX. The phone records concur with the phrase next due XXXX dated in XXXX. Yet XXXX XXXX states we owed 2 FULL, unmodified payments in XXXX XXXX and XXXX XXXX that we didnt pay. 
XXXX XXXX states the contract says that a payment was due XXXX XXXX, XXXX. She conveniently fails to state the rest of what the contract states in reference to a payment on XXXX XXXX, XXXX. It clearly states that the payment for XXXX XXXX is to be paid by XXXX XXXX, XXXX. It was XXXX payment due by XXXX XXXX that the contract CLEARLY states. That was part of the modification terms. We fell behind in XXXX due to confusion about the modification process. To get approved we had to pay XXXX XXXX payment by XXXX XXXX, XXXX, make a down payment in XXXX XXXX and get the paperwork in by a specific date in XXXX XXXX. 
In XXXX XXXX lie, we were required to pay a down payment, 2 unmodified payments for XXXX XXXX and XXXX XXXX, and XXXX payment for the modification to be due on XXXX XXXX. 
Anyone who has had a modification or a refinance or a mortgage knows that there is a month or 2 before a payment becomes due. With XXXX XXXX logic we would have been paying more than our mortgage payments to get a modification to help us in a financial hardship. How would that help? There would be no point. Basic common sense and contract law refute her lies. 
This is just another lie ; twisting the truth to defame us 5. In response to our statement that our credit has been damaged she refers to credit reporting after XXXX when we stopped performance of the contract due to their material breach. Although this isnt a straight up lie her response is meant to defer and defame. 

Our statement was based on the negative credit reporting in XXXX when we were paying as required and XXXX was not applying our payments and was reporting them as late payments to the credit bureaus. 

6. In response to our statement that XXXX XXXX committed perjury in his affidavit XXXX XXXX states that he did not commit perjury. Let me refer to the XXXX law dictionary definition of perjury : The willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form allowed by law to be substituted for an oath, whether such evidence is given in open court, or in an affidavit, or otherwise, such assertion being known to such witness to be false, and being intended by him to mislead the court, jury, or person holding the proceeding. 

In XXXX XXXX affidavit he asserts his knowledge and expertise in accounting for Ocwen. It would be proper to believe that someone of his expertise would be able to read a simple contract that sets out the requirements of our financial obligations to the mortgage holder. 
So he is either lying about the accounting or he is lying about his credentials. Both are perjury by definition. 

It becomes clear in his accounting when he starts out stating that we are delinquent by 2 payments in XXXX but suddenly in XXXX we are no longer delinquent yet we did not make any extra payments ; only 1 per  month. He did not explain how we suddenly were no longer delinquent without extra payments. But the payment records show how XXXX applied the previously unapplied payments in XXXX. And that is how we magically were no longer delinquent. Unfortunately we had already suffered irreparable damages within that 8 month time frame that coincides with the housing market crash of XXXX. 

Subornation of perjury is defined by XXXX XXXX XXXX as the offense of procuring another to take such a false oath as would constitute perjury in the principal. XXXX XXXX procured the affidavit of XXXX XXXX. It is only common sense to conclude that she committed subornation of perjury. 


The statements in XXXX XXXX response to our original complaint, constitutes defamation of character. She presented this defamatory letter to the CFPB.