Bank of New York Mellon c/o Ocwen Loan Svc. Defying Laws West Palm Beach Florida
When my husband lost the full time job in 2008 we got behind and almost lost the house. We got help from the state and started to get back on track. In 2009 my husband's hours were cut for the jobs and we got behind again and again got help. That help ended last year. But in between that he had injuries of his appendix bursting & leg needing surgery.
We received help from the state and Ocwen received checks from them and did not cash them because they were a few pennies off. We got an Act 91 and gave it to the state help and their lawyers got on them & it was cleared up. Unfortunately with having the leg surgery last year we got behind again.
We asked Ocwen to be modified and first they told us we did not qualify because our servicer before had modified us. I had to fight that because yes our other servicer did modify us but it was an in house modification not a governement one. After months of hassling with Ocwen on this and other issues we have now been going thru a modification. Then in March we received an Act 91 which they told us was allowed to be sent even while we are being modified. Yet each attorney I ask says no they were not allowed to send it.
Now as the saying goes the right hand does not know what the left hand is doing and their lawyer filed the complaint with the sheriff on 8-18-2014 I guess not knowing we are in modification which in filing the complaint they are not allowed to do as I found out. This is Dual Tracking. They also have not sent us an Act 91 14 days prior to the complaint file. We went to Counseling and filed for state help again.
After proper investigation on the internet we have confirmed that Ocwen has Dual Tracked the loan and also never sent an Act 91 before they filed the complaint with the sheriff.
Bank of New York Mellon c/o Ocwen Loan Svc needs to be held accountable for these actions violating the laws and the emotional trama they are causing myself and my family especially my autistic son.
1 Updates & Rebuttals
Dana Shafman at END Consulting
Scottsdale,Arizona,
KNOW YOUR RIGHTS AND FIGHT!!!
#2Consumer Suggestion
Mon, September 15, 2014
Barbara,
I routinely look for posts to answer in hopes that it will not only bring optimism to those homeowners and borrowers in distress but also some basic information to assist in fighting the banks that are "too big to fail" but yet don't appreciate the bailout that we provided in their time of need. The debt collectors like SPS, SLS, Green Tree, Ocwen and Nationstar are simply just piranhas but they can be beat at their own game too just like the big banks can be defeated. You CAN win this fight!!!
It pains me that you have fallen victim to the illegal, unfair, deceptive and abusive acts and practices of Ocwen since you have a valid hardship and RIGHTS but I also commend you for seeking help; too often homeowners do not fight for their consumer and constitutional rights! With that said, you have overlooked a key aspect to your fight, which is putting it in writing in the form of a proper QWR to regulatory agencies outside of Ocwen that assist in fighting for your rights like the CFPB; it’s a shame that the state can’t stop this rampant abuse. I would be more than happy to educate you as to how to fight for your rights. My firm routinely seeks out complaints online so that we can educate as to how to fight back on our weekday show called "The Daily Complaint" where we review a complaint and how to tackle it successfully.
We reviewed your complaint on the show if you would like to listen, click here.
Let me first point out that Ocwen has violated your rights by "dual-tracking" your loan as afforded you under the CFPB and RESPA (Dodd-Frank). Also, Ocwen has violated a plethora of Federal consumer protection laws afforded you under the CFPB and Dodd-Frank to include the “Fair Review Process” mandate implemented this year on January 10, 2014. You can learn more by visiting the CFPB's website and learning more about the rights afforded you under the FDCPA, Dodd-Frank and RESPA via the CFPB – click here.
Every new beginning comes from some other beginning's END
Respectfully,
Dana
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