OCWEN - Deutsche Bank Unfair Practices, FDCA Violations, Refusal to Recognize Widow, Forced into Sale, Incorrect Accounting ripoff Orlando Florida

May 2002 - husband refi'd with New Century - sold to OCWEN. We fell behind when husband lost job in August 2002, and entered forbearance agreement to bring missed payment current. This was the beginning of the nightmare with OCWEN. We never seemed to get current and off of forbearance after that, although our own accounting and attorney's indicated that we were back current by the end of 2002 - OCWEN continued charging late fees, assessment fees, etc.

Separated from husband July 2003, he again fell behind on payments, and forclosure was filed January 2004. We consulted with attorney, and were advised to file CH7 bankruptcy to stop proceedings and allow them to gather info for a foreclosure defense suit, which was filed. We filed CH7 in March 2004, which was supposed to stop all contact. OCWEN and it's reps continued to contact us throughout the CH7 period, and even sent someone to "valuate" the property and secure it (i.e. change the locks!) Imagine coming home while you are under court ordered protection and finding someone preparing to change your locks at the request of the mortgage company.

During this same time frame, several individuals stopped by to look at the home, expecting there to be a key box and an empty house, since the home was listed for sale on OCWEN's REO site.

In June 2004, CH7 was discharged, and we began pursuing the foreclosure defense case with attorney. Attorney dropped the ball, and informed us on November 4, 2004 that the judge had issued judgement in favor of OCWEN, so my husband was advised to file CH13, to allow the attorney to file an appeal in the foreclosure defense case. None of the notices required by law were sent to myself or my husband. Our attorney did not advise us of the auction sale of the property that was scheduled for November 5, 2004. That information came from the OCWEN rep that called as soon as we walked into the home from the attorney's office that evening.

I contacted our attorney the following morning several times from my office at work, and when I was advised that the sale had NOT taken place that morning, and had been stopped by the CH13 filing, I was unable to reach my husband by phone. I found my husband when I returned home from work that day. He had taken his own life, and our beloved dog's, at approximately the time of the scheduled sale that morning. This is when the second part of the nightmare began.

Four days after my husband's death, as I was going to the funeral home to make his arrangements, the same person who had come to change the locks in June met me in the driveway and wanted to speak with my husband to verify that he still resided in the home. I explained that my husband had passed away, that there was an active CH13 case, and why was he there? He was there to again "valuate" the property for OCWEN and assure that it was secure. He further stated that I needed to contact OCWEN to make arrangements that would allow me to remain in the home.

I was advised by my attorney not to contact OCWEN since the CH13 was still active, and I made the CH13 payments to the trustee, and attended the CH13 meeting with the trustee a few days before Christmas 2004. I was advised that the CH13 case would be dismissed due to my husband's death, and I would need to make arrangements with OCWEN for the continued mortgage payments or other satisfaction of the note.

I contacted OCWEN after the discharge of the CH13 due to my husband's death was done. This is when I initially sent my husband's death certificate and my assignment as Personal Representative of his estate and affairs to OCWEN the first time. The rep actually told me that I was not authorized on the account and that my husband would need to call in and authorize me to discuss the account. I think my response was to ask the rep what part of deceased she did not understand, and why official court documents did not serve the same purpose.

I FINALLY got to speak to someone in the "Loan Resolution" department, and was told that I would need to enter a new forbearance agreement to keep the property out of foreclosure. The initial payment of $2448 had to be Western Union to their office no later than 3/10/05, which was done. I repeatedly spoke with this individual at OCWEN about this, and he/they refused to even send the forbearance agreement for review until after the initial downpayment was made.

Then, I was told that the executed agreement had to be signed and faxed back with my Driver License copy (instead of notary certification), by no later than March 24, 2005. Since I had already sent the money to enter the forearance agreement, there was really no choice but to sign the forbearance agreement.

The agreement was FINALLY faxed to my work office on March 24, 2005 at 5:03 pm, which I did not receive until March 25. This forbearance agreement was different from the previous ones that my husband had executed - it VERY SPECIFICALLY required that any previous, pending, and future lawsuits against OCWEN be discharged and that they be held harmless. All documentation was addressed to my late husband, and signed by me as his authorized representative. The payments were increased from 815.99 to 1000.00 per month in this contract.

I made these payments through November 2005, after losing my job at the first of October. I had to make all of these payments via Western Union, since OCWEN refused to take check payments, and in the past, had waited 17 days to post a payment, resulting in additional late fees and default on a previous forbearance agreement.

After much thought, and finally listing my home for sale at the end of January, in February, I sent a Western Union payment of $2000 to OCWEN to bring the forbearance payments current. I had not received any letters or filings from OCWEN or the court, and had received no contact from their attorneys. When I contacted OCWEN to find out why this payment had not posted on the account, I was informed that the Western Union had been returned, and that I needed again to speak to the Loan Resolution department. I had a sale closing date scheduled for 3/10, and OCWEN had rescheduled the auction sale of the home for 3/8/2006.

OCWEN's rep stated that I needed to send a forbearance downpayment of $2500.00 to enter the new contract with them, and they refused to defer the auction sale for 3 days to allow the sale of the home to close without a new forbearance plan. This money and the contract had to be in their offices by Monday, February 27, 2006 in order to "attempt" to stop the sale. At this time, OCWEN had $2000 in cash funds that they had not posted to the account, or returned to me via Western Union. Although their reps told me that it was refunded on several earlier dates, the order to return those funds was not issued until February 24, at which time I retreived those funds from Western Union, and immediately resent the $2500 required for the forbearance.

Sale closing of the home did not occur until April 5, because OCWEN issued three different payoff amounts for the same dates. Each payoff issued was more and more money, and the final included a pre-pay penalty of $3700+/-.

I have finally completed the closing of the sale of my home, and OCWEN made sure that it was as difficult as possible to do that and satisfy the mortgage. BTW - this was a mortgage for $90,000 done in May 2002. Payoff statement dated 9/05 was 110,000. PAYOFF THAT WAS SUBMITTED AT CLOSING WAS OVER $113,000, EVEN AFTER $7500 IN PAYMENTS AFTER THE SEPTEMBER PAYOFF WAS ISSUED. OCWEN COLLECTED OVER $23,000 IN FEES, VALUATIONS, ATTORNEY FEES, ADDITIONAL INTEREST, AND PAYOFF PENALTIES. Oh, and the Property Tax that was escrowed in the payments was suddenly a negative figure, indicating that no funds were escrowed for taxes. The flawed math on this account would make Einstein flinch.

I guess I am fortunate that I was able to sell the home, in spite of every roadblock that OCWEN threw in. This is a summary, and certainly does not cover all of the frustration, harassment, ignorance, abuse, and downright criminal behavior that I was forced to submit to in order to keep this beast at bay long enough to get out with my life.

Thus ended the third nightmare with OCWEN. Now that I am free of OCWEN, it is MY turn to make them sweat.

The attorney (and her firm) that advised myself and my husband has been disbarred and the firm was dissoved due to conduct in other cases besides ours - I am far from done with her!

OCWEN - you messed with the wrong widow this time. Enjoy your shadowy excuses for legal behavior while you can - my new attorney and her partners want to thank you for building an easy case with your repeated and blatant disregard for the laws governing your business, and the procedures that are required by those same laws in this country.

We are done, you can no longer control my actions, and contracts with a dead man are null, epecially when obtained under clear duress.

Kathryn
Tallahassee, Florida
U.S.A.

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