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  • Report:  #73476

Complaint Review: Ocwen

Ocwen ameriquest ripoff Orlando Florida

  • Reported By:
    Knoxville Kentucky
  • Submitted:
    Sun, November 30, 2003
  • Updated:
    Fri, January 23, 2004
  • Ocwen
    12650 Ingenuity Dr
    Orlando, Florida
    U.S.A.
  • Phone:
    800-241-9960
  • Category:

I had tried to update my earlier report and it does not seem to work. So here I go again...
I did e-mail CBS and tell them thank you for exposing Ocwen, along with my story. A big thank you to Mr. Hanson also. My thoughts and prayers are with Jo, the homeowner that Ocwen "let slip thru the cracks" that must have been the cracks between their fingers and their pockets!!! They know what they are doing!!
Has anyone looked at their Respa Servicing Disclosure? Ameriquest checked where they would be servicing my loan not transferring unless it was to an affliate or subsiduary.

Can they be allowed to check that then turn around and do whatever they please?!? In an earlier post by Rob he states they are NOT a subsidary of Ocwen. I did some checking and from what I can tell they are neither an affliate or subsidary. Why then did Ameriquest transfer our loan? OH NO!! Ameriquest did you screw up?!? I am sure there is a loophole they will find but that is not going to stop me from fighting!
I am on this website two to three times daily and I will continue to do so until something is done regarding Ocwen and their crimes.

Can someone please tell me about Rico? How it is being done by Ocwen? As you can tell I am getting all info I can and investigating Ocwen to the fullest! I am reading up on all things regarding Ocwen, mortgages and the law. I have only began this fight. With God on my side I know this Southern girl, from the way of Indiana, will WIN! Hope Rob, from an earlier post is not around to correct any spelling errors that I have made.

Jodi
Knoxville, Tennessee
U.S.A.

2 Updates & Rebuttals


Jeffrey

Casselton,
North Dakota,
U.S.A.

Ocwen usually provides the "bare necessities" regarding the RESPA.

#3Consumer Suggestion

Fri, January 23, 2004

But, if you can go to your states web site they will, more often than not, provide a link to FIRSTGOV.GOV. It is a Goverment run web site and you will be able to download the entire U.S.Code if you want. The site is not very easy to use, so be prepared to spend a lot of time using keywords if you don't have the the section and chapter numbers at hand (I have logged around 200 hours in my battle with Ocwen), but , it will give you THE LAW in black and white. Good luck! Hope this helps. Gotta get back to my own battle.


Robin

Waldron,
Arkansas,
U.S.A.

All You Ever Wanted to Know About RICO and then some!

#3Consumer Comment

Sun, November 30, 2003

Jodi,

If you are involved with Ocwen, you certainly need to know about RICO. Here is an excerpt from a website. If you do a Google search under RICO, you will find much more.

A RICO claim cannot exist in the absence of criminal activity.

The simplest way to put this concept is: no crime - no RICO violation. This rule applies even in the context of civil RICO claims. Every RICO claim must be based upon a violation of one of the crimes listed in 18 U.S.C. 1961(1).

The RICO Act refers to such criminal activity as racketeering activity. RICO claims cannot be based upon breach of contract, broken promises, negligence, defective product design, failed business transactions, or any number of other factual scenarios that may give rise to other claims under the common law. This being said, a RICO claim can be based upon violations of the criminal mail and wire fraud statutes. The mail and wire fraud statutes are very broad.

Some creative lawyers have succeeded in arguing that the mail and wire fraud statutes have been violated by fact patterns that superficially appear to give rise only to claims of negligence, breach of contract, and other actions giving rise to common law rights. If a RICO claim is based only upon violations of the mail or wire fraud statutes, however, courts are likely to subject the claims to stricter scrutiny.

Courts look more favorably upon RICO claims based upon true criminal behavior, such as bribery, kickbacks, extortion, obstruction of justice, and clearly criminal schemes that are advanced by the use of the mails and wires.

RICO addresses long-term, not one-shot, criminal activity.

Not only must a RICO claim be based upon criminal activity, but the criminal acts must constitute a "pattern" of criminal activity. A single criminal act, short-term criminal conduct, or criminal actions that bear no relationship to each other will not give rise to a RICO claim.

The United States Supreme Court has ruled that criminal actions constitute a "pattern" only if they are related and continuous. In order to be "related," the criminal acts must involve the same victims, have the same methods of commission, involve the same participants, or be related in some other fashion.

A pattern may be sufficiently continuous if the criminal actions occurred over a substantial period of time or posed a threat of indefinite duration. The former patterns are referred to as closed-ended patterns; the latter patterns are referred to as open-ended patterns.

Accordingly, even if you have been injured by a criminal act, you will not have a RICO claim unless that criminal act is part of a larger pattern of criminal activity.

Any person who operates or manages an enterprise through a pattern of racketeering activity may be in violation of the RICO Act. Any group may be a RICO enterprise regardless of whether its members wear pinstripes, poster boards, fatigues or hoods.

This is just the tip of the iceberg for RICO. Good luck in your search for the truth.

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