We were assigned to OCWEN FSB when Empire Funding Bankrupted in November. We entered into a debt reduction plan about the same time with Donley & Associates. (Casper Martgage Service, Inc.) of Casper, Wyo. A check for $20,439.13 on Dec. 8.2000. As we had no coupon book or statement at the time we sent payment, I put our account numbers from Empire and OCWEN on the check. They received payment on Dec. 12. Sometime later in Dec. 2000 we received a statement from OCWEN stating late payment. No credit to our account was shown.
We contacted them and they told us as no pay-off statement had been called for and no statement from us as to what they were to do with the check they could'nt apply payment. We sent them a statement as to where to place payment. As we had only 1 account and I assumed the check we sent them would be placed to our account. Well to make a long story short on Jan. 8, they credited our account with the payment minus Dec., Jan., & Feb payments which were not even due. If our 20,439.13, had been applied to our account at the time they received it, and more money needed to pay off the account we would have payed it. The last statement from Empire Funding, showed a balance of $20,328.98. We feel ripped off and actually frauded. With the December statement we were told that because we hadn't called for a pay-off we still owed them $624.95.
We have tried and tried to talk to the people at OCWEN. We have records to back up any and all of our statements. WE have yet to be told why they handled our account in this manner. They have sent us statements as to how they settled our account.
They have not told us why if the had credited our account with the $20,439.13 to the balance of last statement $20,328.98, there would have been ($110.15), towards any balance still showing.
All we have asked them to do is go back to December and credit our account as common sense would indicate. After repeated phone calls to OCWEN and trying to contact their attorneys we have received nothing. Because the amount $624.95 is so small our attorney told us to go ahead and pay the amount they requested. We paid the $624.95 in Sept. 2001.
We are however still being billed for the $624.95, and a lein has been placed on our home. We have made repeated contacts to Senator Bennett, and Senator Orrin Hatch, representing the state of Utah with authority to investigate OWCEN and have received nothing.
Maybe the amount is too small for them to take any action. But feel if they have done this to us they may have done this to others. My son informed me of this
web site. I feel and would support any class action suit that can be filed. We feel we have explored every legal option we have.
Also feel we would like to have some kind of repayment of the expenses and harrassment we have experienced. Just as a post script, we have now been turned over to Real Time Resoultions, Inc., for collection with another $100.00 service fee.
Evan or Shirley
Salt Lake City, Utah
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