Report: #1000099

Complaint Review: Ocwen Loan Servicing, LLC

  • Submitted: Sun, January 20, 2013
  • Updated: Sat, March 09, 2013
  • Reported By: disgruntled mortgagee — woodstock Illinois United States of America
  • Ocwen Loan Servicing, LLC

    United States of America

Show customers why they should trust your business over your competitors...

Poor Customer Service affected my credit?!

My original loan was written by Taylor, Bean and Whitaker. When they went under, I got a letter from TBW stating my loan was sold to a company called Cenlar. I got a bill and statement from Cenlar w/contact info but before I was going to make a single payment, I wanted to speak to someone and confirm they were a true entity. Cenlar never answered the phone, replied to an email, or wrote back. This went on for 2 months until I received a 2nd letter from Cenlar stating they were transferring my loan to Ocwen. What would you do? 

During the first 2 weeks of apparently being an Ocwen customer, I would get a call from someone claiming to be from Ocwen, asking for the last 4 digits of my social security number!! Of course, I would not tell them (because who does that) and I'd ask what's the call in regards to.. They said they could not go into details without confirming it was me. BS, I hung up everytime. When I did finally get a hold of customer service, they could not provide me with the simple requests I made in an effort to prove they were the true servicer. I was looking for a document stating "loan rights sold or transferred" or a deed in which an attorney could verify was true and accurate.

They mailed my statements to an old PO box of mine I had on file file with TBW, but never to my house. Something was fishy so I contacted an attorney. He advised me to write Freddie Mac in an effort to get proof who my true servicer really was.

Freddie Mac got back to me 2 months later stating Ocwen is the correct servicer. So without hesitation, I wired them the past due balance of 4 payments. I started paying them on time every month and have never been late since.

But now with the 2 months I held out on Cenlar and the 2 months I held out on Ocwen, I took a nasty hit on my credit score. I can't get approved for anything.. This isn't right!
Should I just pay whoever sends me a bill or statement?
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#1 General Comment

No! they loaned you nothing!

AUTHOR: shawn - (United States of America)

Please remember, that Ocwen loaned you nothing! they are a servicer only unless they were a party to the original loan and you actually saw funding happen from them (extremely doubtful) . Did they actually credit your account with hundreds of thousands of dollars? No. Did they loan you a cup of suger? No. They have loaned you nothing, they are only a servicer or agent for a purpurted  and dubious until proven otherwise "loan" company. Is the original loan company still in business? Were the assignments done right or legally to the new "lender"? Can the agent prove they have agency? An old law maxim, is , Agency cannot be proved out of the mouth of the Agent! Can they prove through valid legal assignments that they have a right to collect the debt? Are the terms and conditions of the original note being followed? If not, who gave them authority to "modify" your loan? Rean the pooling and servicing agreement of the TRUST they cliam your loan is in, I have never seen one that allows a modification of the loan, there is no way you are going to get the thousands of stock holders in the trust to agree to that. So how were they able to do this? Default swaps, multiple insurance policies that's how, your loan has been paid in full in the TRUST  and now they are a still collecting from you.  So many "notes" of debt were destroyed enabling the "lenders" to keep collecting on your "note" while claiming it is in the TRUST when it never legally made it into the trust in the first place. A copy of your "note" should have as much credence as a copy of a hundered dollar bill, It is fraud and is not proof of anything, except for proof of fraud before the court.

If ocwen cant validate the debt through proper accounting then all credit reporting has to be reversed read all 27 pages of the FDCPA its important
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#2 Consumer Comment

This is part of auditing your loan right?

AUTHOR: KarmaChick - (United States of America)

Shawn you are sooo right!!!  Have you got your loan audited by any chance?? I think their should be a petition with a group of those that have a loan with Ocwen to open a class act law suit.. 
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#3 Consumer Comment

RE: Ocwen, how to deal with them

AUTHOR: shawn - (United States of America)

Send out a QWR (Qualified written request) letter, send it certified mail and return receipt requested. Ask for all loan docs ,their copy of the note, and any and all charges, "modifications" and all transfers and assignments of your mortgage note.

Then take a trip to your local County clerk recorders office (public land records), go to the little computer look up terminals there and look up all records concerning your house that have your name on it, print them all out and get motorized copies (cost a few bucks extra, its well worth it) .

Now compare your County clerk recorders office papers with what Ocwen is telling you. Chances are very, very high that what they say and what the public records say are two different things. For instance.... on my "loan" Ocwens own paperwork shows the last "assignment" or holder in due course/owner" of my mortgage is "WMC mortgage LLC" which went bankrupt in 2007.

Ocwen further claims that my "loan" is in a securitized REIC trust that was created in mar 2006 with US bank as Trustee, there is no public record that an assignment was made into a REIC trust, which means my loan was never legally transferred into that trust!

Assignments were made later by a multitude of players involved in the scam (US bank, Homeq mortgage, Ocwen)  to try to cover their tracks (much later.... like three years later), but it doesn't matter what the assignments are after they skip a whole step of ownership!!!!!, its fraud straight up! Now Ocwen cannot validate my debt which means they cant collect on the debt anymore. For me its been over 90 days now and they cannot, or will not validate. I'm sending 1-2 debt validation/QWR letters a month and they have not provided me with any proof of the right to collect the debt. This should get you started.

From now on , its not your loan. Its Ocwens account#xxxxxxxx dont ever say its your loan again until they can prove they have the rights to collect the (alleged) debt.


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