In late August and all of September and part of October I called Ocwen and asked for a payoff figure because I was planning to sell my home that was in a chapter 13 backruptcy.
During the course of me receiving several payoff figures, I also took the liberty in asking Ocwen if they could waive some of the fees they had listed on the payoff notice because I may have trouble meeting the figure they had quoted. Of course they said "NO"!
I then told the unidentified lady that I am probably going to have to come out of the banckruptcy and allow the home to be sold at the local county "Sherrif Sale" and that no one would come out of this pleased. Not only did she say NO, she also said that type of request was unheard of. She further stated to me in her own words "DO WHAT YUO HAVE TO DO!". I was then placed on hold for up to 25-30 minutes. Because I was hold for so long, I hung up. I immediately called back and it was at this time that I recieved an answering machine asking me to leave a message. I complied and did so.
On October 14, at approxiamtely 10:00 AM, (The time is important) myself and Capital Title Company received a final payoff figure from Ocwen Federal Bank in the amount of more than $145,000 in order to sell my home. The request was sent directly to the closing company with all explanations of late fees, attorney fees and other final fees.
As I figured, I was told that I had to bring $18,000.00 and some change to the closing because of the fees that Ocwen had listed. All to which I complied without hesitation. The closing was completed without any problems between either party.
Now comes the trickery and decitful antics dealt through Ocwen and their associates.
The following Monday, October 18, 11:00 AM, I called Ocwen and asked had they received the payment they had requested. The operator on the other end had informed me that she did not see the payment as of yet, however, she did ask me to call within a few days. According to her this wuld allow the payment to show on their records. "Not a problem", I replied.
Either October 21 or 22, I retunred the phone call and spoke with the same lady. She did confirm that they were in receipt of the payment, BUT, they were going to return the ENTIRE cashiers check if I did not send an additinal $2100.00 within 24-48 hours of her notifying me. She also informed that if they returned the entire check this would void any sale of the home.
Knowing that if the house was not sold in a few days, then it would go before the County Sheriff Sale. Of course panic, anxioty, frustration and depression quickly set in. I begged and pleaded with her and advised them that Ocwen was the one who sent in the final payment and that was all it included.
According to her she informed that the reason the additinal $2100.00 was needed is because on Friday, October 15, their attornies went into court and placed the home into foreclosure and it was all attorny fees and court cost.
Remember, I closed on the sale of the home October 14, 2:00 PM. Clealy after the sale of the home. Not only that, this was done after they released the final figure owed. I paid what they had said was to be paid. Not a penny more! DEAL DONE!!!
However, so that the deal did not fault, the title company paid the $2100.00. However, the title company is now pursuing me for the $2100.00 and threatening to sue.
I believe that this is totally WRONG! I also think that Ocwen has used its company size and legal muscle to sqaush, demean and belittle the peonage who may not have the financial resources to fight this matter in court. I believe they figure we would just swallow what they do and move on.
If I'm right in this matter I don't plan to sit and take this. As of todays date (01-28-05), I have not seen the fianl payment listed on my credit files. Nor have I received a payoff letter from Ocwen, which by the way I have called and requested twice. Their response this may take up to 6 months before anything is listed.
I certainly hope that something can be done about this. Or atleast have someone of authority look into this situation and shed some light.
I certainly am not looking for any miracles, just the mere fact that someone is interested in the small people would be greatly appreciated.
My blessing to all who are Ocwen customers.
You'll Need It!
Daneil
Shelby Twp, Michigan
U.S.A.
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