Ocwen Federal Bank — Pending Forclosure? — Forced Insurance — We have had it ALL...
First we would Like to to thank the creators of this website... For both my husband and myself we were beginning to think it was just us.
Metwest sold our mortgage to Ocwen in 6. From the very first we have had the same and worse scenerio than alot of you here have had.
We have had the forced insurance. After providing the multiple faxed and certified mailings of our policy from both us and our insurance agent.in fact it renewed in June of this year and again we have received two requests from Ocwen to furnish proof. Again two copies of our policy have been faxed and sent to them. Prior to the loan being sold to Ocwen, we optioned to pay our own insurance with documents in the file of Metwest. However our payment was not reduced therefore creating late payments for us for over a year, these late payments have never been addressed to date.
We are now at the " foreclosure " point. We are small business owners, and as everyone knows we have all suffered with our failing economy. We fell behind 30 days last year, and have been sent letters a day or two after the monthly payment was received, at one point we made two payments in one month, two letters were sent. Verbaly they have said these are $95.00 a letter. However in writing we have never seen this figure outlined. These letter's which are termed " breach " letters do come on attorney' letterheads and never signed but mailed out of Englewood Colorado. Moss, Codillis, Morris etc. Etc.)
Upon researching this law firm in Englewood as with surrounding areas, all phone numbers have been disconnected, but postmarks are from there.???
In February of this year we sent our usual monthly payment, even though we were 30 days behind, a monthly payment was continually sent and excepted, then in March of this year, with no warning our check was returned to us, this has started the worst nightmare.
Upon contacting Ocwen, we were told that we were in default and therefore we needed to look at our breach letter and send the amount stated in a form of overnight to the Florida address, also now that it was March, our payment for March was to be included, and that we had no grace period anymore, (this being only the 3rd of March). Upon looking at the breach letter we had accumulated a $2618.00 default. Our payment is only $873.00. And we are talking two months owed now.
My husband talked to a " Senior Loan CONSULTANT " ha. With the man telling us that he was employed by Ocwen's team of attornies. We needed to send the $2618.00 now and it would take care of the default. We did this and called this CONSULTANT to be told that we should of called him before mailing it for they would reject it also, due to it not being in a form of cashier's check.
Yes it was returned with a letter of insufficient amount to cure default. Not a word on it being in the form of a cashier's check. Mind you all this has been sent to us in regular mail, no security of our mail being tracked. We had been sending our payments certified to the Orlando address because the L. A address was taking up to 21 days to post. We recieved a letter from Ocwen telling us we were using an "unauthorized" address, and to send our payments to L.A. For this could cause a default or incurr additional late charges.
By the end of March we were again in contact with this CONSULTANT asking what the hell was going on, his reply was that we now were in foreclosure and that the package had been sent to a law firm in Bellvue Washington. However if he should receive a new dollar amount to be determined in " a day or two" that he could call this law office and stop the packet from being opened and save us upwards of $ 700.00 in additional attorney fees.
Now we are angry and start calling for an appt with an attorney. 12 attorneys later we find one that will see us, the reason... The Law firm in Washington also has a firm in Portland, and to speak with us would be a conflict of interest due to the fact that they have worked with this law firm on matters in the past. So we finally find someone who sits us down in his office, looks at some of our 6 inch file of Ocwen paperwork, explains to us that he could possibly help us, but that he may run into a conflict down the line and need for us to find another lawyer to represent us. Again a possible conflict of interest.
Now we are in April and this lawyer tells us to pay what the may statement says which is $4020.00. This includes the months Feb, March, April and May plus past disputed late charges. We receive the check back, again with the fail to cure default letter attached.
Now we have a forebearance letter faxed to us. 5 weeks after promised, which in one paragraph reads, that the signers will pay this, this, and this... Over $1100.00 a month for almost a year, another paragraph reads that the signers will waive all rights to a lawsuit againest Ocwen for ANY REASON. And further more if the home is scheduled to be sold, that Ocwen is to NOT be held responsible for the failure to stop such sale.
We refused to sign this and requested an audit of our loan to be done and received by us within 10 days, and made an appointment with # 2 lawyer. We were informed that upon the findings of this lawyer they had charged us late fee's on TAXES held in our escrow account as well as the figure of $95.00 a breach letter and a late charge on top of all this. Now in just a couple weeks we owed over $8000.00. To find out what the foreclosure attornies were charging we needed to contact them.
We received the audit which can not be easily read by a layman, as well as one from Metwest. Metwest had told us when contacted that they had sold @ 80% of their residential loans to Ocwen, and that they had received numorus phone calls complaining on the transactions of this company Ocwen Federal Bank. When Metwest looked up our account, they told us that we were in foreclosure. This is in May.
We called one of our senator's and was directed to the department in the State of Oregon in Salem who handles mortgages, complaints and compliances, however we were told that they did not regulate Ocwen Federal Bank, for that Ocwen does not advertise nor write mortgages in our state, they only " service " loans, making Ocwen excempt from bring licensed in the State Of Oregon, and that all the required critieria had been met on behalf of Ocwen to furnish a complaint department as well as a list of other departments to resolve disputes. We do not know about other states, but they are not licensed in our state of Oregon.
Upon finding a well respected lawyer by referal who happens to be a foreclosure lawyer himself, he asked for our paperwork, which we provided and again in a day or two we were told that this had become a serious problem, however to pay the amount requested and to sue for the overcharges in the future when they could be addressed and figured out.
The final figure as of May 31 according to our loan CONSULTANT was now $6087.00 roughly, this included over $900.00 in " FUTURE LEGAL FEES". We decided to wait and receive our foreclosure papers to get an actual final figure to pay. We have been putting our monthly payments aside to try and keep up.
On June 28th, mailed July 2 a letter was sent out by this same loan Consultant saying that Ocwen had attempted numorous times to contact us on behalf of our seriously deliquent loan status, and to no avail had we complied and contacted them over this issue. Upon receiving this we needed to contact him immedietly and work out a plan as to not incur any future legal fees.
Now to end. It is july 7 and as we sit here and wait for these foreclosure papers to be served... They have not.!!! We have seen or heard not one thing in writing that we are in foreclosure, and it is now 6 months behind...
Our questions, I guess, are why is this happening to so many of us? As well as why is no-one who SHOULD be watching for this type of corruption is. Is someone turning the other cheek? There is so much hurt in our country already that people like us who have had the oppertunity to afford the american dream. Have it taken from us so seemingly easy as well as illegally. We have owned our home for over 8 years!
We are wanting to be on and in the middle of anyone's class action suit as well as we have all documents to prove our case. We do not want to lose our home and will fight to the very end, and not let Ocwen profit at all on the way they have done business in the past as well as in the future!
Cathie
Yoncalla, Oregon
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