When the company I am using to refinance requested a payoff amount there was a pre-payment penalty on the payoff statement. I immediately called OCWEN. I indicated to them that the loan they service is my 2ND mortgage and I do not have a prepayment penalty on my 2ND mortgage. I indicated that I had a prepayment penalty on my 1ST mortgage, THE LOAN THEY DO NOT SERVICE. I asked the representative to read me the prepayment language and it is verbatim to my 1st mortgage prepayment penalty. They indicated that I should send them proof via fax to 1-407-737-6118, which I did on March 9.
I then called OCWEN on Monday March 12 and spoke with a representative with OCWEN and he indicated that he could tell that a fax from me had been received in the payoff department and that a payoff request was reprocessed. He indicated he could not tell me if they took the pre-payment penalty off or not. He suggested that I wait until my lender received the payoff request. I then asked to speak to a supervisor and he indicated one was not available but I would receive a call back in 4 hours. I never received a return call.
Today March 15 I received a call from my lender and she indicated that she received the payoff quote this morning and the prepayment penalty was still being assessed. I then call OCWEN again and asked to speak with a supervisor. I was told I was being transferred to a supervisor but instead was transferred to a supervisor's voicemail. I have not received a return call.
I sent another fax to OCWEN today along with another copy of my note and truth in lending statement to try and rectify this.
I called OCWEN again today and spoke with a man who said that I dont have a prepayment penatly on my note but I do on my rider. I asked him to read to me the top of the rider and he read the loan number that went with my first note!!! Can they legally have me sign the truth in lending statement and my mortgage note which state I do not have a prepayment penalty and then have me sign a rider with a prepayment penalty? I went through my loan dos and there is not such rider for my 2nd. ONLY MY FIRST WHICH THEY DO NOT SERVICE.
Can someone pleasew help me with this? My loan is not a sub prime loan but it was sold to OCWEN UNFORTUNATELY!!! Please help! I am desperate!!
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