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Report: #120558

Complaint Review: Ocwen Federal Bank FSB - Orlando Florida

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  • Updated:
  • Reported By: orlando Florida
  • Author Confirmed What's this?
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  • Ocwen Federal Bank FSB Orlando, Florida U.S.A.

Ocwen Federal Bank Ripoff How Can They Forclose When They Have The Payments I can not believe I may loose my home Orlando Florida

*Consumer Comment: Update

*Author of original report: My battle with them is over for now but I am going to be very careful ..Look what I did!

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On Monday November 29, 2004 I wired ocwen $2,453.60. This in addition to the $600.00 that Ocwen has had in its possesion since 11/8/04 totals $3,053.60. This amount includes $2,126.52 which is a total of all the principal, interest, and late charges that were due prior to November 15, 2004 (according to a reinstatement quote schedule dated 11/8/04), $508.74 for my December 1, 2004 payment, and $418.34 for "collection fees". These collection fees include the 9/15/04 Certified Mail Cost $5.67, the 9/16/04 Certified Mail Cost $5.67, the 10/26/04 Property valuations $107.00, and the 11/1/04 $300.00 Title reports.

Ocwen received a personal check from me on 11/2/04 for $1,629.12 and a wire transfer of $600.00 on 11/8/04. This amount covered all principal, interest, and late fees due until 12/1/04. I later received my check back with a letter dated 11/10/04 stating this amount was not sufficient to cure default. Since they chose not to return the $600.00 at this time I believe they are in violation of the law. I later received foreclosure papers signed by the lawyer on 11/6/04 and by the clerk of the court on 11/9/04. Since on 11/9/04 Ocwen was in receipt of a total of $2,229.12 of payments from me they filed the foreclosure papers unlawfully. Any expenses incurred by Ocwen after 11/8/04 was done in a malicious attempt to foreclose on my home unlawfully and I refuse to be responsible for these charges.

I have been trying to work this out with Ocwen and I have only been communicating with them by email so I have proof of all dates and amounts mentioned, I can also provide proof that if they had cashed the check for $1,629.12 the money was availabe up until I wired the $2,453.60 in 11/29/04. They now refuse to correspond with me anymore because they realize they have given me proof of alot of these dates and realize it may come back to bite them in the butt.

Esmeralda Anglin was still employed as of Friday, 11/26/04. That is the last time I received correspondence from her(EANGLIN@ocwen.com) You may want to contact her supervisor Rachel Gile. RGILE@OCWEN.COM.

I have contacted everyone on this site that has been listed as someone that may help. Any other suggestions?

Sara
Ft Lauderdale, Florida
U.S.A.

This report was posted on Ripoff Report on 11/30/2004 08:26 PM and is a permanent record located here: https://www.ripoffreport.com/reports/ocwen-federal-bank-fsb/orlando-florida/ocwen-federal-bank-ripoff-how-can-they-forclose-when-they-have-the-payments-i-can-not-beli-120558. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
2Consumer
0Employee/Owner

#2 Consumer Comment

Update

AUTHOR: Sara - (U.S.A.)

POSTED: Saturday, December 04, 2004

I have an update to my rip-off report "Ocwen Federal Bank Ripoff How Can They Forclose When They Have The Payments I can not believe I may loose my home Orlando Florida." I received the following email on 12/1/04. (some of the dates in this email are wrong and I have proof of that)

----- Original Message -----
From: "Ombudsman"
To:
Sent: Wednesday, December 01, 2004 12:26 PM
Subject: RE:

The Office of the Consumer Ombudsman has received your additional correspondence regarding your concerns. This office has thoroughly reviewed
your loan and Ocwen's records indicate that on October 24, 2004, foreclosure proceedings were initiated. As of that date, your loan was three (3) payments delinquent and past due for the August 1, 2004 payment. Once foreclosure proceedings have been initiated, any amount received that is less than the full reinstatement amount will not be accepted unless alternate payment arrangements have been made. On November 2, 2004, a payment in the amount of $1,629.12 was received. This payment was returned to you in a form of a check and sent as regular mail on November 8, 2004. Another payment in the amount of $600.00 was received on November 15, 2004,
which was also returned to you via wire transfer on November 29, 2004, as the amount was insufficient to cure the delinquency that was due on your loan. The confirmation number for the bank wire is 20041129B1Q6571D000049. Please note that it can take up to two (2) business days for the funds to appear in the account. As indicated above, Ocwen did not accept any partial payments from you since the foreclosure proceedings were initiated.

Ocwen's records indicate that there were two reinstatement quotes provided to you, one dated November 8, 2004, good through November 15, 2004, in the amount of $4,044.86 and the other dated November 19, 2004, good through November 30, 2004, in the amount of $4,055.36. The difference between the two quotes is $10.50, which was for a property inspection that was performed. A property inspection is a value estimate prepared via a drive by inspection.

You stated that you received a fax from Ms. Anglin, which provided a breakdown of the fees and costs; however, none of the fees listed are for exactly $500.00, which you were advised would be waived; therefore, you are requesting to know which of the fees will be waived. It is our
understanding that Ms. Rachel Gile, Manager of Ocwen's Loan Resolution Department, advised you that if you reinstate your loan by November 30,
2004, she would waive $500.00 in fees and costs. For more information on which fees and costs will be waived, providing that you reinstate your loan
in a timely manner, you will need to contact Ms. Anglin or Ms. Gile. Ocwen's records also indicate that if funds are not received by the end of
business day today, December 1, 2004, the reinstatement quote good through November 30, 2004, will be null and void and all fees and costs will be due and no fees will be waived. Please note that if you reinstate your loan
today with the amount quoted to you by Ms. Gile, as $4,055.36 less ($500.00)= $3,555.36, your loan will be due for the December 1, 2004 payment.

We strongly encourage you to contact Ms. Anglin directly at (877) 596-8580 extension 5226 or Ms. Gile at (877) 596-8580 extension 5066.

Sincerely,
The Office of the Consumer Ombudsman

So I figured I was out of Luck and I made an appointment with a lawyer to file for chapter 13 bankruptcy to save my home. Then, believe it or not (I still can't), on the way to my appointment I received a call from an Ocwen representative. Since I have absolutely no trust in them I asked them to email confirmation about the agreement they were offering. Here is the email I received.

----- Original Message -----
From: "Ombudsman"
To:
Sent: Thursday, December 02, 2004 12:22 PM
Subject: RE: Reinstatement Agreement

Ms. Cindy Lugo of the Office of Consumer Ombudsman has contacted you and has advised you that as of December 1, 2004, Ocwen has applied
the funds in the amount of $2,453.60, which was applied toward the August, September, October and November 1, 2004 payments that were due on your loan. As a courtesy, Ocwen will waive all fees and costs totaling $1,928.84 and the late charges in the amount of $122.08. There is a total of $418.64 in the suspense (partial payment) account, you will only need to remit funds in the amount of $90.10 to complete the December 1, 2004 payment. As of today's date, December 2, 2004, foreclosure proceedings have been stopped.

The Office of the Consumer Ombudsman is your advocate in ensuring that Ocwen's servicing of your loan remains fair, reasonable and proper. We
trust that this impartial review of your account has met with your satisfaction.

Sincerely,
The Office of the Consumer Ombudsman

If you notice the time on these emails they are almost exactly 24 hours apart. I do not know what happend but obviously something did. There is no way I will believe Ocwen made this decision on their own. Every since this whole ordeal started I have been contacting anybody and everyone I could think of that might possibly help me with this situation. I have contacted state and federal congressman, senators, and representatives, the office of thrift supervision, Florida's Attorney general's office, Jeb Bush, George Bush. I sent a letter to the district attorney in my town. I wrote to the lawyer that filed the foreclosure papers and the clerk of the court explaining that I felt this foreclosure was filed illegally since they had my payments in their possession at the time the papers were signed by both parties. I wrote a letter to the Clerk of the Court for the Florida Supreme court and I also filed a complaint against the Lawyer with the Florida Bar. I even contacted FEMA since we had just been through all the hurricanes, etc, etc, etc. Well I hope my fight with them is over for now. I have definately learned that you have to keep very good records when dealing with these criminals. I do not even try to contact them by phone anymore. All my correspondence is via email. IT WORKS GIVE IT A TRY! If I ever find out what exactly made them change their mind I will post it on here so everyone will know and hopefully they can get their issues resolved the way I did. Never give up. Do not let them win.

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#1 Author of original report

My battle with them is over for now but I am going to be very careful ..Look what I did!

AUTHOR: Sara - (U.S.A.)

POSTED: Friday, December 03, 2004

This is an email I received on 12/1/04 after I had been corresponding with Ocwen for weeks trying to get them to understand that I fell behind due to the hurricanes that had recently destroyed our area. I must say that some of the information stated is false as far as dates they received payments.

The Office of the Consumer Ombudsman has received your additional correspondence regarding your concerns. This office has thoroughly reviewed
your loan and Ocwen's records indicate that on October 24, 2004, foreclosure proceedings were initiated.

As of that date, your loan was three (3)
payments delinquent and past due for the August 1, 2004 payment. Once foreclosure proceedings have been initiated, any amount received that is
less than the full reinstatement amount will not be accepted unless alternate payment arrangements have been made.

On November 2, 2004, a payment in the amount of $1,629.12 was received. This payment was returned
to you in a form of a check and sent as regular mail on November 8, 2004.

Another payment in the amount of $600.00 was received on November 15, 2004, which was also returned to you via wire transfer on November 29, 2004, as the amount was insufficient to cure the delinquency that was due on your loan.

The confirmation number for the bank wire is 20041129B1Q6571D000049.

Please note that it can take up to two (2) business days for the funds to appear in the account. As indicated above, Ocwen did not accept any partial payments from you since the foreclosure proceedings were initiated.

Ocwen's records indicate that there were two reinstatement quotes provided to you, one dated November 8, 2004, good through November 15, 2004, in the amount of $4,044.86 and the other dated November 19, 2004, good through November 30, 2004, in the amount of $4,055.36. The difference between the two quotes is $10.50, which was for a property inspection that was performed. A property inspection is a value estimate prepared via a drive by inspection.

You stated that you received a fax from Ms. Anglin, which provided a breakdown of the fees and costs; however, none of the fees listed are for exactly $500.00, which you were advised would be waived; therefore, you are requesting to know which of the fees will be waived. It is our
understanding that Ms. Rachel Gile, Manager of Ocwen's Loan Resolution Department, advised you that if you reinstate your loan by November 30,
2004, she would waive $500.00 in fees and costs. For more information on which fees and costs will be waived, providing that you reinstate your loan
in a timely manner, you will need to contact Ms. Anglin or Ms. Gile.

Ocwen's records also indicate that if funds are not received by the end of business day today, December 1, 2004, the reinstatement quote good through November 30, 2004, will be null and void and all fees and costs will be due and no fees will be waived. Please note that if you reinstate your loan today with the amount quoted to you by Ms. Gile, as $4,055.36 less ($500.00)
= $3,555.36, your loan will be due for the December 1, 2004 payment.

We strongly encourage you to contact Ms. Anglin directly at (877) 596-8580 extension 5226 or Ms. Gile at (877) 596-8580 extension 5066.

Sincerely,
The Office of the Consumer Ombudsman
============END OF E-MAIL ==========
Then all of a sudden I received a phone call on 12/2/04 while I was on my way to a lawyer's appointment to file for bankruptcy to save my home. I asked that they email me the information so I would have some proof of what they were saying. I received this email on 12/2/04.

Ms. Cindy Lugo of the Office of Consumer Ombudsman has contacted you and has advised you that as of December 1, 2004, Ocwen has applied
the funds in the amount of $2,453.60, which was applied toward the August, September, October and November 1, 2004 payments that were due on your loan.

As a courtesy, Ocwen will waive all fees and costs totaling $1,928.84 and the late charges in the amount of $122.08. There is a total of $418.64 in the suspense (partial payment) account, you will only need to remit funds in
the amount of $90.10 to complete the December 1, 2004 payment. As of today's date, December 2, 2004, foreclosure proceedings have been stopped.

The Office of the Consumer Ombudsman is your advocate in ensuring that Ocwen's servicing of your loan remains fair, reasonable and proper. We
trust that this impartial review of your account has met with your satisfaction.

Sincerely,
The Office of the Consumer Ombudsman
=============END OF E-MAIL=========

Now obviously something happened in between these two emails that were less than 24 hours apart. During the time I was corresponding with Ocwen re: this situation I was also contacting everyone I could think of that I thought might help. I contacted federal and state congressman, senators, and representatives, the office of thrift supervision. I wrote a letter to the attorney that filed the foreclosure paperwork and also to the clerk of the court in my county. I contacted the Florida Bar association because I felt they filed the papers illegally since they were in possession of my payments and I had proof of that. I emailed FEMA since I had been through the hurricanes. I even emailed Jeb Bush and George Bush. I am dying to know what happened. I would just like everyone to know not to give up. Do not let them win. Contact everyone you can think of. My battle with them is over for now but I am going to be very careful in the future and keep records of every single little thing that happens. Hopefully some day they will be stopped.

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