MY AFFIDAVIT (revised, without personal info)
I have not been at rest about the security of my home ownership ever since Ocwen bought my home mortgage loan in June. It has been a constant worry and concern and stress for me that Ocwen will simply not apply my payments, (as they did with the very first payment), assess some illegal fee and foreclose on my home. The collection threats I received from them have stayed with me and I am concerned about what they might try to pull next, particularly beings I travel a lot and am not always home to receive my calls and or mail immediately.
This has made my traveling stressful as well. It is amazing to me to think about just how effective their fear tactics are and how it has affected my emotional state and my stress level. I do not have the money to pay attorneys to fight a huge company should Ocwen suddenly decide to simply foreclose on my mortgage. I have been at least two months in advance of the payment due and Ocwen refuses to credit my account with these payments. I have no idea, to date, what Ocwen is doing with my payments and why they have refuse to pull out of principal, the amount they stated they did, back in August.
I live in fear and financial burden because Owcen purchased my mortgage and has proved to me by their tactics that they have no intention of providing me with accurate financial records or statements.
My very ownership of my home is at their mercy. I can not afford to refinance and I did, in fact, spent a great deal of time last year on the WWW and calling local institutions, driving to town and researching the possibilities and costs to refinance. I did this because I can not stand this constant concern, stress and anxiety that I have been placed under by the fear and intimidation tactics used by Ocwen employees.
I have never received one response from either of the two letters of complaints that I sent to Scott Conradson and Mr. Melchionni. I was provided these two names and the address by Ocwen employees when I demanded to know who and where I could contact the CEO, Presidents or Owners of Ocwen.
I, to date, do not know who these people are or if they even exist. I do have evidence of the mailings as I sent each as certified return receipt. I do know that I provided them with evidence of the abusive tactics used by their employees on the phone and provided these in certificed return receipt USPS.
I have found it an absolute necessity to maintain, with evidence, a payment schedule that is one, two or three months in advance. I had been sure to send in these advanced payments before the due dates of the PREVIOUS MONTH!
I was then informed by an individual at the 800 number that I had a late charge on my account that required payment. She also stated that I was behind a payment after I had already been in advance one month and mailed in a double payment!
That is when I found out that Ocwen employees either do not know how to read or they, just like their managers, CEO, and Vice President, simply refuse to respond to whatever a customer writes. How convienient for Ocwen to ignore a written statement attached with a double payment and simply apply that payment to princlpal. That is what they did with my payments! EVEN WITH WRITTEN INSTRUCTIONS!
So, I assume (and I say assume as I can not trust the statements that Ocwen sent or what I have been told by their employees on the phone) that my payments, that I clearly stated were for advance payments and which months they are to be applied to, were applied to principal. I really have no idea what Ocwen has done with my payments and it is a constant stress.
After many hours and over a period of two weeks I was finally instructed by one woman that I would simply have to call every month to check that my payments are being applied if I send in a double or triple payment.
Apparently, no obviously, Ocwen cannot be trusted to receive such payments, even with a written statement instructing their employees how to apply the payment that is enclosed in the envelope.
I actually came back home from travel abroad because I did not want Ocwen to foreclose on my property while I was away. This is how I live having Ocwen own my mortgage. Simply put? IN FEAR OF LOSING MY HOME!
I am outraged that I have had to live in a continual emotional state of high alert. I am outraged that my travel, investments of monies and life has revvolved around the out ragious, unethical, abusive and incompetent acts of Ocwen. I paid another mortgage payment after I received this unexplaned check in the mail from Ocwen. Eventhough my records and evidence show that I am a couple months ahead, I do not know what Ocwen has up their sleve. It is tax season and I am under the normal stresses and dead lines of taxpreparation. I do not need this constant stress that Ocwen has produced through their business practices.
The check Ocwen sent did not include any explaination whatsoever as to what the check is from, why it was sent or how they arrived at the amount they send to me.
This check added to the past history of Ocwen applying my advance payments to principal could mean they are trying to steal my home, through their? Belived business tactics of claimed or perceived incompetence. I was concerned about my mortgage while I was away. But an international call to Ocwens? 800 number, with their outragous wait times, not to mention the fact that I have never received a competent individual yet who was able to confirm, CORRECTLY, that a payment has been applied, would cost more than one of my house payments!
My experience has been that every person that I have, to date, spoken to at Ocwen was either incompetent or simply unwilling to help. Those who proported to help, just gave me inaccurate information. I find it interesting that 4 days After I left the country (Dec) Ocwen decided to send me this check. I returned the check that I received and marked it? Refused?
I refuse to call their 800 number to find out their explanation of why this check was sent. I have written a letter and already mailed it to them. This is all very interesting indeed considering that there has been a court filing. Ocwens? Research department has never resolved the fact that they failed to pull out of principal, the amount of $272.00, that had been applied to principal by Metwest (previous mortgage service).
I was promised and assured this would be done by a manager at Ocwens 800 number and I was instructed to not contact metwest about the payment being applied. I did contact METWEST and they stated that they refused to help. I had, long ago, been informed by METWEST, that if you do not inform them where or what the payment was for, the remaining payment or amount must be held in escrow. I had been increasing my payments 4 years ago to pay down the mortgage.
I found out after a few months, that METWEST did not apply the overpayment to the principle? Because I did not state that that was what I wanted done with that extra amount?: However, when I made a payment that was for three months in advance, they applied, without my instructing them to do so, that amount to principal. I guess the laws change to fit the mistakes made there as well! I figured it a minor ordeal and trusted that Ocwen would appli this amount to my first payment and ass it to the $ 90.00 I paid.
Not!
This problem occurred in the month of July. July was the very first payment I was required to make to Ocwen as they purchased my loan in Juse 2001. I have, to date, never been able to remedy that situation with Ocwen. I have evidence of notes taken that shows the name of the individual at the 800 number who informed me that the $272.00 had, in fact been taken out of principle and applied to payment and that amount combined with my first payment of $90.00 was applied to a full payment.
When I first questioned Ocwen about this amount not showing as an amount in escrow waiting to be applied, I was instructed to not contact METWEST to make an adjustment and was told that Ocwen research department would take care of the problem.
I had paid the remaining amount of $ 90.00 to make a full payment of $ 362.00 just as I was instructed to do by Ocwen a manager at Ocwen. I realized that this was a totally incompetent company when I never received a return call from Ocwen confirming the application of the $ 272.00 to principle. When I phoned the 800 number to ask for confirmation of application of payment, I was not allowed to talk to the manager and I was refused to be transferred to a different manager. So I immediately sent priority mail containing a payment for $ 362.00.
After sending the payment I called to confirm that they received it and applied that payment to my payment due, until they confirmed that my first payment and amount in principle would be applied.
I was on the phone for hours and hours and days and days. I was given inaccurate information, hung up on, refused supervisors and refused any alternative numbers to call. Then Ocwen began a campaign of collection calls. I received harassing collection calls all through the month of july and August.
I managed to record one such call and did not even allow the person to being their usual fear tactics.
I hope you, my reader, understands that this is the VERY FIRST PAYMENT to Ocwen.
I felt that these people just wanted to foreclose and benefit from my years of equity and massive fixing up that I have done to my home. But I thought that was also a bit? Paranoid? To think that way. So I thought that I was just happening to receive the worst of the employees that Ocwen had hired.
Then, as time went on, I became very suspisious of their tactics and carefully listened to what they stated. One woman stated that my loan can immediately go into foreclosure and I better read my original contract.
I have a substantial amount of equity in my home and do not appreciate that my investment has been placed in jeapordy! And that is exactly the threat I have been living under since July.
My equity in my property has been placed in jeapordy by Ocwen. I am at the mercy of their? Believed and prefectly orcastrated? Incompetents. Just how many homes has Ocwen foreclosed on and just how many thousands of dollars has inoccent people paid to protect their homes and investments? And how many people have lost their homes? Is this criminal activity new to Ocwen or have they been in this business practice for years?
My Sworn Statement and My Statement of Facts:
My name is Vicki Laynn Carlson.
Ocwen purchased my home mortgage loan in June.
The loan is my home loan.
My home and the home that the mortgage loan that Ocwen purchased is located at:
xxx
I have made my mortgage payments on time and have mailed these payments far in advance to ensure their delievery to Ocwen at their Los Angeles payment center.
I have evidence of these payments and evidence of some of the mailing dates as I had to restort to paying for certificate of mailing.
Ocwen has employees that have:
Purposefuly, willingly and intentionally not applied payments that were timely mailed
Not provided any remedy, help or assistance on the phone concerning payments and how and when they are applied
Purposefully and intentionally used *tactics that allow them to not address the issue, problem or complaint when calling the 800 number for assistance
Purposefully, intentionally, and willingly placed my? File? Or? Record? Into a collection calling center so that I would receive harassing calls at my home and business
Charged me for insurance when evidence of insurance had been provided to them (3 times)
Refused to respond to ligitamate complaints in writing
Given false information about receipt of payments and maintain inaccurate records of my payment history
Refuse to remedy any complaint or amend their ill kept records of payment
*Tactics (Used tactics alike to PSYOPS that include):
Refusal to allow a customer to lodge a complaint by continually interupting subject and acting offended when subject raises voice or shows signs of high stress
Refusal to listen to a complaint by disconnecting the call
Acting ignorant about a payment that has been received and confirmed by a different person at the same 800 number
Refusal to allow subject to talk to a person who the subject was informed was? The person taking care of or assigned to subjects case?
Claimed people subject has had prior conversation with does not work there
Refusal to allow subject to talk to supervisors claiming they are not available
Claiming the computer is down and records not available (consistantly)
These well known psychological tactics are used in PSYOPS to encourage hostility, frustration and the feeling of futiltiy in the subject? Or excuse me,? Not Subject??? Let us remember? I am a? Customer!? Forgive this? CONFUSION?!
Put in legal terms (or near legal terms):
1. Failed to timely credit my funds on a consistent basis;
2. Purposefully and willingly maintains a staff of incompetent and rude idividuals who provide horrendous Customer Service on their 800 number;
3. Failed to respond properly and timely to my inquiries (regarding loan payments) as required by law (RESPA Section 6);
4. Illegally placed my number into their collection calling division for the purpose to harass me at my home and business day and night with collection calls during July and August;
5. Held my payments for several days before crediting, just to create late charges and or harass me;
6. Refused to credit my account with an amount that had been applied to principle as had been promissed by a manager;
7. Told me to not call my previous mortgage holder to correct a payment that had been applied to principle because Ocwens? Research department would credit my account and directed me to pay only the remaining balance and not the full payment;
8. Imposed forced hazard insurance on me and charged me a fee for this, eventhough my insurance broker faxed proof of coverage (three separate times) and I had timely mailed proof of insurance to their LA branch;
9. Provided incorrect fax numbers to me for proof of insurance to be transmitted to;
10. Diverted my payment to a "suspense" or "miscellaneous" account and improperly used that payment to use towards their false insurance fee;
11. Refuse to amend their improper records of my payment history and correct their records to reflect when my payments have been received and the amounts that have been paid.
12. Refuses to accept a double or triple payment and credit properly to my account (refuses to apply a check that totals to two or three mortgage payments even when the payment is sent to Ocwen with written instructions detailing how the payment is to be applied) and informing me that I have to call in every month to ensure that they have applied these payments correctly;
13. Refused to properly research my payment history and pull out of principle, the amount that has been there since June;
14. Refused to respond to letters of complaints I have written and have certified return receipt mailed;
15. Refused to allow me to talk to supervisors
16. Refused to allow me to talk to the same individuals that I had previously spoken to (who had either given false information or made promisses to apply payments, adjust records or make the necessary changes to remedy the problems I was having with Ocwen) who purposefully and intentionally did not follow through with what I was told would be done to remedy the situation (s)
17. Purposefully and intentionally disconnected the phone (hung up the phone) in the middle of a conversation;
18 Continously maintained a minium of five to ten mintues before returning to the phone after being placed on hold
The above statement is true and accurate. I have documented as much evidence as possible reguarding the above information. I have been under undue stresses caused by Ocwen and have suffered in my personal and business life due to this stress perputrated and continued be Ocwen employees.
MY PERSONAL OPINIONS, EXPERIENCES AND CONSIDERATIONS:
I believe that Ocwen should immediately be shut down.
I BELIEVE THAT THE fbi SHOULD IMMEDIATELY BEING INVESTIGATIONS INTO Ocwen for possible money laundering.
My experiences of the harassing calls to my home stopped because I threatened to sue Ocwen and stated that I was recording their calls and other conversations I was having with Ocwen employees.
Dave Miller caused me undue stress and I believe was the individual who placed my account into collections. I believe this because I informed him that I was going to place a personal complaint against him to his supreior. I also believe this because of the tactics he used that were nothing less that PSYOPS tactics to futher frustrate me and cause me a feeling of total futility in ever reaching remedy to the situation I had been placed in by Ocwen and their employees.
I have records of many individuals I spoke to and what was stated by these individuals. I was never able to confirm if a payment has or had not been applied to my account. I was continually given conflicting information as to which month which payment was or was not applied. I was harassed in my home with collection calls. My home is also my buisness and it caused stress to my business as well. I informed Ocwen employees that harassed me with their calls for collections and non-payments, to my home that I had been and continue to to mail every payment with a certificate of mailing. I informed them that I was gathering evidence of their illegal activities. I stopped receiving calls to my home, but I was still unable to ever receive accurate information on payments and payment history.
I have perfect credit. I am not going to allow Ocwen to gain through their illegal activities, my equity in my home! I was a victim of Idenity Theft back in 1998. I, again, in December of had someone accessing my bank accounts and having ATM cards and credit cards mailed along with pen numbers, mailed to an incorrect address. I was going to be leaving the country in December 200 but the trip was delayed due to many factors, so I never left the country in December which was very lucky as the illegal banking activites of my local bank just happened to be taking place at that very time!
I find it very interesting that Ocwen refunded part of a disputed payment that had never been applied to my mortgage, just 4 days after I left the country in December.
I had no idea that Ocwen has actually caused these same stresses and troubles for others. I had no idea that Ocwen had actually been able to steal the properties of other individuals!
I believe Ocwen is operated by thiefs that have the sole intention of gains and money making through the use of intimidation and the purposeful hiring or acting of incompetent employees.
I have read that Ocwen has been sucessful in swindling people out of their homes and causing bankruptcy for others.
I would have been one of those individuals if I had not been fully aware of these abusive and indimidation nature of their employees at the 800 number and their ability to use the gitf of fear to maintain a power position with unwitting and inocent people.
People are generally trustinga nd not aware when they are being targeted for this type of criminal activity. Due to the nature of these tactics, an individual is left wondering if it is them... Are they being over cincerned... Then it is too late! It hAs gone beyond their ability to deal with the legalities of the situation. Most can not afford an attorney and most do not keep records of conversations with stupid people at an 800 nuber.
Most do not send in their payments with certificated of mailing and most have no idea that they are actually being outright swindled out of their property. I wish I had looked into the further, before now, before all these people have suffered so much loss. And so many different types of losses. This is criminal.
I am making this statement and affidavit in totatality and including all these statements because I want whoever has to read this to fully understand the tactics being used. They are passive aggressive and are not considered? Illegal? By the laws governing this Union. But the results of the use of these tactics are devastating to the VICTIMS!
So Ethics and Law and what it boils down to.
I am outraged and appauled that they have been able to continue as they have. I consider and believe and suspected that Ocwen wanted to own my property. I have a lot of equity in my home. I believe, had I not been so demanding and forth coming with my intentions of legal action against them and informing them of the records I was keepping, that I would not own my property right now.
I am now happy that I had acted accordingly to the fear and indimidation that I felt when dealing with Ocwen employees. I am glad I acted? Paranoid? When faced with their fear and harassment tactics. Because I was not subjected to loss of property and home!
I am very unhappy that it has gone unchecked for so long!
I want the courts to shut down Ocwen. I want the courts to immediately call in the FBI to being an investigation into possible money laundering and other illegal activities. The tactics and patterns that Ocwen employees display are usually indicative of other illegal activities. The tactics that I have been subjected to by Ocwen employees are psychologically unheatlhy for not only meself, but those willing to perputrate such abusive behavior on another human bing. No one should have to live in fear and constant stress of lossing their home to a bunch of,? Seemingly on the surface? Incompetent people working at a mortgage company! I boudt they are as incompetent as one would think. I believe these incompetent employees are persice and accurate with their? Generally believed? Incompetence.
I believe all assets of Ocwen should be immediately frozen and that an investigation take place immediately conCerning the possiblities of far greater crimes that may be taking place. I am surprised that Ocwen is actually a ligitamite business. I even stated that to my friend when I had her call to confirm that it was business hours and that the 800 number should have been answering the phone, but they did not and the message stated to call back during normal business hours!
I wonder why the BBB has not responded to my complaint. I wonder why this business has been able to operate with impunity. I wonder whose pockets are being filled at the expense of innocents. I wonder if Ocwen bought a bunch of mortgage loans from METWEST or if they just bought targeted properties that had large equities. I wonder who determines which mortgages Ocwen buys. I wonder which person does the research into which properties Ocwen buys. I wonder what a comparitive investigation would show concerning Ocwens mortgage purchases vs any other institutions purchases. I wonder if Ocwen has certain criteriea for mortgage purchasing that other companies do not have. I wonder if the escrow accounts at Ocwen are maintained properly and interest is paid regularily. I wonder about the banks and other outside companies that assist Ocwen in their illegal property theft. Are these institutions and business aware of the fact that they are processing ill sough after property and monies?
All these things I wonder and write in this, MY AFFIDAVID, to be read by any and all who must read it because it is their job, or want to read it because they are a victim.
I do not like being a victim and refuse to allow it.
I am in high hopes that the courts pay heed to my? Wonders? And call in for the obvious necessary and crutial help they need to really take care of this case and bring justice to bare.
I smell a skunk!!!
I have evidence of their phone tactics that include the aforementioned tactics simular to psyops.
I want ocwen placed under immediate investigation for possible crimes of money laundering and illegal theft of properties.
I believe that ocwen is guilty of, intimidation, harassment, theft of property, misapropiation of funds, fradulant escrow activity, illegal business operations under statutes or law governing lending/broker/mortgage laws and regulations.
In my personal opinion Ocwen has committed far more crimes that remain to be uncovered and exposed, should any prudent person with authority chose to investigate.
I want these individuals that have made my life a living stress, be prosecuted and I want them to serve time.
I HAVE SERVED TIME in stress, worry, concern, limited travels and time spent composing letters, being subjected to? Believed incompetence? Of individuals on the phone. I have had mailing expenses that include travel expenses to the post office. I have been living in frustration and in constant worry that Ocwen will cause me to lose my home and or cause me to spend a huge amount of money to pay an attorney to protect the loss of my home. I am tired of having to take precausions to maintain my home and living under this constant, unstated and underlying stress.
I did not even know how stressed I am about Ocwen until I actually started gathering the evidence and realising that I am and have been acting as if someone is going to steal my home and I have been doing everything I know how, to stop it from happening! And let me tell you? It has affected every part of my personal and business life as well!
Please put a stop to this!
Send your sworn statement to:
(information removed)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
I was promissed by employees of Ocwen in June, that they would reverse a $272.00 payment that had been applied to principle (by Metwest Mortagae prior to Ocwen taking over the loan) and they would add that amount to my $90.00 payment. This total of $362.00 would be my July payment.
I sent Ocwen a check, in good faith, in the amount of $ 90.00 for my July payment.instead of Ocwen proceeding with what I was told they would do (add the
$90.00 payment to the amount they stated they would take out of principle: $272.00), Ocwen never applied the 90.00 payment nor did Ocwen take out of principle the $272.00 overpayment that Metwest applied to principle.
Due to the fact that not one of my numerous calls to Ocwen during the month of June had been returned, I thought it prudent to make a full payment in the amount of $362.00 the next day (the day after I sent the $90.00 payment).
Instead of these employees at Ocwen following through with whatI was informed they would do, these Ocwen employees did not apply the payment of $ 272.00 from principle to July payment and falsely charged me a fee for insurance. Even after my broker axed proof of insurance to Ocwen, I was refused any refund whatsoever. I spent at least ten hours on the phone calling Ocwen, waiting for an individual to answer, calling my insurance broker, being told different fax numbers by employee at Ocwen, being told the incorrect fax numbers and generally being out right harassed by an employee at Ocwen.
All this time and effort of myself and my insurance broker ended with out any resolution to the fact that I had been illegally, due to purposeful, intentional and or incompetent acts and actions of Ocwen employees.
Ocwen has refused to correct their records which do not accurately reflect the dates and or amounts of payments that I have made to Ocwen for my mortgage.
I have been under tremendous stress over their incompetent and outright harassing business practices. I have been unable to resolve anything with Ocwen and they have stolen my money even after receiveing proof and evidence of their mistake. Ocwen has refused to correct their records to accurately reflect my payments.
I have attached documents showing that they have reversed late charges assessed.
These reversals of late charges were done by Ocwen due to my spending housr on the phone, calling in and making complaints when they have posted my payments as received after the due date, even when send up to 10 days in advance of due date.
I finally threatened one individual on the phone with a lawsuite and informed them to place a note on my account that my payments are made with certificate of mailing from the post office.
Making a house payment has become an every month stress for me. I never know what Ocwen is going to do with my payments. Ocwen also refuses to apply my payments as I have written to them to do and have directed them to do.
Ocwen refuses to accept a double house payment and apply that payment to the two consecutive months.
Instead of simply taking a payment for $ 724.00 and appling that payment to thw next two months, as is stated in writing with the payment. They apply the second month to principle and it has caused me hours upon hours of frustration time and money.
I travel and this makes it necessary, at times, to prepay one months payment. Otherwise I am unable to ensure that the payment will arrive to Ocwens business for processing, on time (before the tenth of the month). My payments are considered late on the eleventh of the month. I have also noticed that it does not matter if I send a payment in on the 27th of the month prior or on the fifth of the month the payment is due, Ocwen clears my payments (money orders and or checks) on the eleventh of the month. This method of bookkeeping causes a late fee to be assessed and thereby causes me tremendous amount of time on the phone with incompetent individuals at Ocwens 800 number. I recorded some of these conversations, AS I UNDERSTAND THE Oregon Law concerning the taping or recording of phone conversations: it is legal so long as one individual in the conversation is aware the conversation is being recorded.
I prepare taxes for a living and it is now tax time. I have very little time to further waste on Ocwen. I have gathered documents and have not had the time to actually go through all my payments to find out if I am a payment ahead of what Ocwen has on record.
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