Loan servicing, payments, escrow account

My mortgage, originally with XXXX, has transferred owners and servicers numerous times in the past few years. It has been owned and/or serviced by XXXX, XXXX XXXX XXXX, Ocwen and XXXX ; all of which have each reported negatively, individually and separately in the different credit bureaus. Thus, rather than appearing as XXXX negative Mortgage in my credit, the different bureaus report the same account negatively with the various Mortgage owners and/or servicers in the XXXX different Bureaus. This repeated negative reporting, without a doubt, has had an enormously harmful negative impact on my credit.
Although this is of great concern to me, the reason for my complaint is because Ocwens deliberate intentions to defraud consumers and the DOJ. In early XXXX 2013, I received a letter from Ocwen, dated XXXX XXXX, 2013. The letter stated that I had been approved for Trial Loan Modification Offer. It detailed an unbelievable balance reduction and an exceptional reduced interest rate. The Offer required that I make XXXX consecutive monthly payments and after I completed the XXXX trial payments, I would receive the official Mortgage Modification documents to be signed, notarized and returned to Ocwen. As you can imagine, I was ecstatic!!! I thought that I had won the lottery, without even playing. I had given up on trying to work with XXXX, XXXX XXXX XXXX, XXXX and now Ocwen, because I had been so unsuccessful in the past. So, I naturally wondered how something so perfect could have ever happened.
However, as I read the letter and the terms of the Trial offer, I quickly realized that something was awfully wrong. The letter from Ocwen, dated XXXX XXXX, 2013, required that I make my first trial payment by XXXX XXXX, 2013 ( 24 days prior to the date on Ocwen ‘s Trial Modification letter and over I month after I actually received their letter ). At first, I believed that Ocwen had made an honest mistake and I immediately called them. I advised them of the discrepancy between the dates on the letter and the dates of the payments. The representative advised that the Trial Offer was correct, that my first payment was late because it was due by XXXX XXXX, 2013. I explained to him that the letter was received after XXXX payment was due.
So far, I have attempted to address this issue with the Ocwen Rep, who insisted that the letter date was not the issue. Because my payment was not received on time, Ocwen would not honor the ” Blind Offer. ” I then attempted to address the issue with the Bank ‘s previous Attorney and the Bank Rep when we took their depo months ago and again last month when the Banks new Attorney took my deposition. All attempts of resolving the issue were unsuccessful.
Now, I strongly believe that Ocwen never had any intentions of honoring the Modification offer and reduction and that they willfully acted maliciously. I am aware of the agreement, sanctions and settlements between Ocwen and the DOJ. I am aware that part of the investigation and findings against Ocwen led to a substantial settlement agreement in which Ocwen had a substantial quota to meet with terms of offering a certain number of Modifications and principal reductions in order to be in compliance. I now believe that Ocwen and XXXX XXXX XXXX acted in bad faith and that they deliberately sent this letter out to me, as well to a large number of consumers, in order to show that that they were complying ; although they really had no intentions of honoring their offer. This leads me to wonder … exactly how many of these bogus offers did Ocwen send out? How many more victims are there out there? We go to trial in XXXX and I am at risk of loosing my home, although I am able, willing and prepared to make the monthly payments that were offered to me by Ocwen, but I was never given an opportunity to fulfill.

Leave a Reply