My husband and I have had some hard times this year. We fell behind 2 months on our mortgage missing January and February's payments (tried to make Jan. But our check bounced). On March 10 we sent them a cashier's check for both months including all fees and penalties in full. Ocwen accepted and cashed our check but unknown to us started foreclosure paperwork 10 days after receiving it.
We missed March and in April received a bill with alot of "extra fees" including attorney fee's and property evaluation fee's (what is that?). The charges where almost 600.00 more that the payments with late fee. I sent them a check for more 3/4 of what was due and made verbal (mistake, don't ever think they hold to their word) arrangements for the remainder.
Two weeks later I received my check back with a letter from an attorney stating insufficient funds. Now none of their correspondance's have a number to contact them, when calling the Customer Service I was transfered to alot of people who told me I would have to talk to Carl Crutchfield, loan resolution consultant for Ocwen.
The bill we recieved following had their new "detail" of charges on them and encluded many that we did not understand and the fees are getting larger. We again was able to pay the full amount (we figured we must owe it and pay the bill everything would be fine) sent them a cashiers check by overnight mail for everything due to June 1.
Mr. Crutchfield contacted us 3 days later and told us that they had our check, but that we where already in foreclosure (1st we heard that they actually did it) and that we could avoid further actions by agreeing to pay what came out to roughly 3000.00 in extra fees which they would spread over an 11 month period onto our payments. He left no number to reach him back and said he would fax the papers the following day (friday) and call us. No call or fax on Friday.
We then decided that things didn't sound right with the figures and that we needed a lawyer. We sent all of our paperwork and receipts to a lawyer on Monday morning. We made 2 attempts Monday morning to contact Ocwen and Mr. Crutchfield, leaving voice mail messages. At 5:15 P.M. Monday, 6/9/03 we received the fax. Forebearance paperwork.
Upon reading this paperwork (with time and date from fax machine on it) we found that it would have be null and void even if we agreed to their rediculous terms. (the fees and payment that we sent and they where holding of course where higher and none of our payment would be towards monthly payments, rather a "downpayment" towards more fees)
Also stated clearly that they did not have to stop foreclosure procedings. Stated clearly was the fact that the paperwork must be signed and received by them before 5:00 P.M. On 6/9/03 (remember the date and time stamped from fax machine). They clearly think we are all complete morons.
We received a call at 8:10 P.M. That night from Mr. Crutchfield. We asked for a "detailed" report of all fees, he would not respond and told us they did not have to provide that, their fees where within the legal amounts. We then told him that we thought that a lawyer should look at the papers before we signed them. This did not make him happy. He informed us that if we didn't sign those immediately and fax back to him he would refuse our cashiers check and send back to us and that we where loosing our home to foreclosure. We are smart enough to know that we would lose it even if we agreed to sign it and end up owing them roughly 8220.00 more than we do now and still be behind 3 payments.
Not only have they done all of this, but now they have not paid any of our house insurance, which is encluded in our mortgage. We have been notified that we are being cancelled for non-payment by State Farm. Where is that money? Since we prepaid the insurance for one year last year when we obtained the mortgage all of our payments for the last year would have covered the insurance. That money was supposed to be in escrow and now it's not???
Ocwen is ripping us off, working "barely legal, if at all" within what ever guidelines they are required to follow. They try to scare or strong arm you into bullshit agreements (the government spends $'s going after the mob for this don't they, sounds the same).
We are set for Sherrif's Sale on July 11. We are retaining 2 lawyer's, one for Chapter 13 bankruptcy and one to file civil injunction against Ocwen. We are making our monthly payments to an escrow account to show that we are still willing to comply with our mortgage, and will send all of our info to Mr. Hanson to join the class action suit. This company has to be stopped. They are a preditory company and they should be in jail or forced to pay every one of us that they are distroying (our marriage, personal lives due to the weekly ad in the paper and our sanity, my husband is about to go postal on them) enough to cover our home mortgage in full and restitution for the credit bad credit they continue to report even when they receive that payment.
Advice for everyone. Detail a letter with all your supporting documents and send off to all of the following:
Office of Thrift Supervision (call 800-253-2181 for the address to cover your area)
US Attorney General
State Attorney General
State Fair Housing Center
State Congress Representative
Get a lawyer, don't deal with this company on your own
The more they hear of this Ocwen and their unfair practices, the better chance we all have of ridding this company and getting some kind of laws to prevent this company and other's like it from doing business in the US.
Good luck to all of you.
Robert & Jennifer
Utica, Michigan
U.S.A.
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