January we had gotten a little behind in our payment and I was making our December payment on the 22nd of January. I pay directly with cash and wire it via Money Gram. After several days, I checked to make sure it did get posted because we were having several issues already that had still not been cleared up with misapplication of funds and disbursement and actually lost payments. I did not see it posted and immediately called Ocwen. My first payment online with Ocwen was misdirected to another person's address. I was trying very hard to stay on top of them. Upon their taking my call, I was directed to the Foreclosure Department. Yes, this was a total shock.
I received a document via their attorneys "Castle, Meinhold and Stewalski" which was the NOD for the 120 hearing. Being that there is not courtroom, or judge or case number mentioned I proceeded to respond with my "Intent to Cure" faxed to the Public Trustee with whom this paperwork originates. I went to the hearing and no one was there.
After speaking with the Clerk of Recorder, I filed a 104 page explanation with copies of every payment and correspondence. But when my husband returned to file it that day the Clerks Offices closed at 4:00P.M. Nowhere is this disclosed, not even in the directions to how to file a claim there. I proceeded to immediately file the following morning. I've worked for the City, County and State and never were we able to close our public place of business before 5:00pm.
I received a letter from the Attorneys for Ocwen stating:
"Thank you for your recent correspondences. Pursuant to our client's instruction, our office has placed our foreclosure file on hold as they are investigating your payment dispute. I will provide you with any additional information upon my receipt. If you have any further questions regarding this matter, please feel free to contact our office at 303.865.1400."
For six months I called the Governors Office requesting a meeting, I called the Chief Legal Counsel to the Governor, the Bar Association, Fresh Start Program, Foreclosure Hotline, the Denver University Law Professor, the Attorney Generals Office, Charlotte ODonnel whom I was told oversees the Mortgage Industry here in Colorado, the Colorado Regulatory Agency, the Banking Commissioner, the Real Estate Board of Colorado, Tom Martino, Ocwens Resolution Department Loss Mitigation, etc.
No one at that time offered any advice or help and kept using the excuse that because we were experiencing the mortgage industry effects and that we are and still are a non-licensed state. Licensing, to me, requires a degree of testing ones skill and performance and moral issues and obligations to our clients. The only thing we brokers and bankers have done in Colorado is registered our names to the Board of Realtors and given them $200.00. For what? To monitor a degree of responsibility that they obviously in my personal situation do not know any attorneys to help me, nor do they follow any type of accountability. Ive complained about Realtors to the Board and they have never done anything about the individuals.
Ocwen may have put the Foreclosure on Hold for a short period of time, but even Ocwens response to us did not address all the issues. We have never been given a payoff figure, not even from the Public Trustees Office whom did receive the Intent to Cure and Redeem. It still was not a closed file. Also, we did not receive a follow-up letter or correspondence from their attorney or better yet, by Ocwen who is liable to disclose this issue. Next communication was the notice to vacate. Our attorney advised that we respond with a request for a jury trial which we did and we paid for. As their attorneys were eager to go to court, they and the Judge denied it. They day of court, the jury trial request was denied and so was any additional information regarding the missing payments and the unanswered requests for a payoff.
The Judge was ruthless and her actions are unexplainable. I do not think anyone was taking into consideration the 104 pp response that I wrote. She should have at least read it and I was told that the Judge signed the NOD at the 120 hearing on the 13th not the 8th, the day of the hearing. That gave him/her four days to read my response. Nevertheless, this Judge acted as if there was so much time gone by and we did not take action. Wrong, Ocwen wasted a great deal of our time with all the senseless communication that wasted our 75 days of redemption. They misled us totally.
I called the Deutsche Bank the day we came home from the hearing, I was on the phone for hours after being explained that Deutsche Bank has no monetary interest in our home and that they did not own it. After doing a great deal of research, Ocwens Banking license was taken away in a Court Order in 1999 and is still in effect. If this is true, who is trying to get my home? Who has a monetary interest. Could it still be New Century who entered Bankruptcy Court in October? Though, I still am dealing with Ocwen as a Servicing Company.
We are being threatened with this Notice to Vacate and it should not have even come this far. Even the Ombudsman agreed to that. I am worn from trying to find out how a person can stop the "vacate" other than the Lender because we all know that Ocwen is not capable of that empathy.
A Mr. Douglas Jennings has made a figure more than double than what we owe of $24,000.00 in order to cure. I called on Thursday, October 4 that we had the money. The Ombudsman, Laquanna, said she would let him know and that we should hear from him. I begged her to make sure that the Vacate got rescinded as they promised. I have a daughter that just came in from Thailand that I have not seen in a year. We have made plans to visit our other daughter in Lawton, Oklahoma who is there after her husband got transferred with the military. We planned on spending a week, but because of this threat of the vactate order I am afraid we if we go, we will come back finding our things just thrown in our front yard. This is how they work it. When I pleaded with Mr. Jennings he refused to put the Vacate on Hold so that when I came back we could review the modification that they offered that I still have no copy of. He became angry when I asked him to break it down for me, because he wouldn't. He is the one that could have made this go easier. He could have acted more promptly than letting it get so out of hand. I pray that they will see their wrong and I mine and come out of this better.
Please advise.
Jody
Golden, Colorado
U.S.A.
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