The loan is in my wife's name, which is different from mine.
Re: Ocwen Federal Bank, FSB
Elaine F. Straith-Loan Number #35623073, Property 877 Lafayette Ct., Rochester Hills, Michigan 48307
March 4
We obtained financing for our property in Rochester, Mich., January from David Piccinini, Inc. (Lira Financial). The mortgage loan was then assigned, sold, or transferred from Lira to Ocwen Federal Bank, FSB, effective February 8. Servicing was provides by Lira until February 23. After Febrary 23 Ocwen was the responsible party.
We subsequently sold this property and attempted a close of the sale February 26. Metropolitan Title, 307 East St., Rochester, Mich. 48307 was in charge of the closing. Closing did not take place because Ocwen Federal Bank was unable and refused to supply the Title Company with a pay-off letter. Both the closing person for the Title Company and our attorney, (John D. Cadieux, 445 S. Livernois, Ste#310, Rochester Hills, Mich. 48307 (248) 652-3608), made contact with Ocwen and requested a pay-off. They were directed to Finance America as well as Lira Financial. Both parties indicated that the pay off was not their responsibility and that they were unable to provide the pay off.
We have been advised by Ocwen that they should be able to provide a pay-of letter within 5-7 days after March 1. We were ready and able to close on the sale of the property described here in, on February 26, but were prevented from doing so by Ocwen's inability and refusal to provide a pay off. Ocwen's actions are in violation of MCLA 445.1672 and in addition are in violation of our rights under the Perfect Tender Rule, which is recognized in Michigan. As a result we have requested, through our attorney, that our pay obligation be limited to the balance on the mortgage as of February 26, not to the date when you finally get around to isssuing a pay-off letter.
Cc: Michigan department of Consumer Industry Services
James
Grandville Michigan
0 comments