Ocwen Federal Bank FSB Took advanced payment and applied it to the principal charging late payment for January Orlando Florida
After sending Ocwen Federal Bank a payment for January and Feburary 2004, with a note of what is was for, and the month that it was for, also on the check. On January 28, they gave me a late-payment notice. When I called and spoke with a lady named Nellie, I was informed that their policy is to do what they want with any advanced payment and apply it to the Principal, that my wishes did not mean anything.
I was also informed, that if I did not pay again, they would foreclose on my home. We have sent them a double payment for January and February, but we're also filing a lawsuit in Small-Claims court, as the government officials of this state do little or nothing with fraudulent banks, probably because of the political kick back. As you can tell, I'm mad as he**, that this fraudulent activity is allowed to happen.
Lydia
Apopka, Florida
U.S.A.
2 Updates & Rebuttals
Marlene
Miami,Florida,
U.S.A.
Lydia, go to Big Claims Court with Ocwen.
#3Consumer Suggestion
Fri, January 30, 2004
Lydia,
I am not a lawyer but I believe that if you take Ocwen to the Small Claim Court for that reason, you limit your chances in a bigger court. You need to double check this information because I may be wrong-I am not a lawyer, repeat. A bad lawyer, more than 90% of lawyers out there are greedy and without honor, might tell you different because their ethics is very low.
Now, listen: we are all here because of Ocwen, and you should know what you should expect from them.
First of all: According to RESPA law you had to be notified of the change in Servicing Companies, a letter from the old company and a letter from Ocwen as the new company. I f you did not receive any formal signed letter you should ask for one to boh companies: they should read "Written qualified request" and should be composed using the third person to be taken more seriously. Send Certified copies of this letter to both companies and to the OTS, the FTC, the DOJ, and to any other department you can think of. They will not help you (sad, but true), but it will contribute to your file (do not forget to staple the green card to your sent letters as proof of mailing).
Never believe what Ocwen tell you over the phone. Tell them that you will not accept any oral communication from them as valid, and that will only acccept written communication from them (if they don't sign their letters, one of their habits, better proof of their wrongdoing for you).
Send copies of ypou cancelled cheks and statements to the FBI and to the IRS and to HUD. Each time, you make a payment, do the same, so they know tou are not a deadbeat lier. File a complaint over the net with the FTC, and with HUD (it's unexpensive and you get a print out as proof). You will need to mail everything from now on Certified to non-decent institutions so you can have proof.
Only send to Ocwen the minimum amount. I have a variable interes loan and a the beginning I wanted to send extra payments to be applied to the principal to help myself. Then, I realized that they would not credit the money properly and steal my money. Ocwen is a thief and there are many legal actions against it in the entire nation. Do not let them to wipe your accounts. Keep the minimum to go by in your checking account.
Pay your taxes yourself, and you Insurance, and do the same sending proof of this to everybody. Believe me, it will help you in the future. If you have an Escrow account with Ocwen, chances are it was purposely miscalculated, or they are taking the escrow money for your insurance and your taxes and not paying it so they can surprise you with more fees and a very much more elevated monthly payment later. Their aim: your homelesness.
Send an Affidabit IMMEDIATELY to Kweku Hanson, notarized, explaining your situation. (his address is in this site). Kweku Hanson is a brave and HONEST lawyer fighting against Ocwen for Racketeering or RICO (their most practice skill) in a class action in CT.
It has a been a long fight but progress is being made. Ocwen is planning a mega class action with some other big companies to take the case from the hand of Mr. Hanson since they can not buy him; but can buy other lawyers that want the money and don't care about your and yur family.
Hanson is a victim himself and wants Justice for all the victims and due punishemnt for Ocwen so they can't stay in the business of stealing houses. I ask you to send an email or letter to Mr. Hanson and ask him to stay in the case as the leader of it. Ocwen uses to buy lawyer accross the nation and wants him out. Mr. hanson will not ask you for any money. He is in for real and is about one of the four lawyers out there you can trust (I don't know the other three).
It's imperative tht you do all of this right away. You need documentation for your defense, you need to join the class action that can save your home, you need to send your affidavit explaining your problem to Mr. Hanson and join the class action, you need to email him asking that he stays as the main plaintiff and leader in the Hanson v. Ocwen class action- he need this formal petition from us so the enemies don't kick him out of the case, our case. This class action is nation wide and is not in for the money. It's the only want standing for the longest time aginst Ocwen with the most serious charges and Mr. Hanson has a lot of proof that the FBI has (I am a proof provider myself of these things) Many of us have sent our proof to him and to the FBI.
Ocwen never goes to court to face its victims and it wins by ignoring them and buying lawyers. That's why is so important that you do all of this.
Also, at the beginning they like to act fast, so they can hide their caca. You got to move fast, the faster you act now, the more difficult it will be for them to take your house soon (if they will). Put on your fight, think of your family. You are not alone. They are more afraid than you: you are not afraid to talk to a Judge, Ocwen is. That's your strongest position, our stronger position.
Read as many reports you can in this site to educate yourself about Ocwen's techniques. They are always the same and you will learn them rapidly.
Close your saving account, if you have any. Keep only the minimum amount in your acccount.
Ask for credit reports from the main credit agencies, Equifax, Experian, and TransUnion (don't try to escape by refinancing, because Ocwen will take this cahnce to destroy your credit and prevent your way out and prepare your future foreclosure). If they already misreported you the credit agencies, or if they did not report your payments as they have to do on monthly basis according to the FCRA, then you can dispute that with the credit agencies (never over the phone because they, Experian and Equifax maylie to you). Do it in writing. Send qualified request of this to HUD and to the FTV and you Genereral Attorney. You can dispute it 3 times. If after the third time, they don't fix the misreporting, then take the CREDIT AGENCY (not Ocwen) to the Small Claims Court. I think there is a maximum compensation of 5K for this things and Credit Agencies are terrified when you do that to them, but they will hurt your credit if you don't do anything about it because Ocwn buys their people too.
Do all of this, and welcome to this sad, but genuine fraternity.
Your Soror.
Juli
Orlando,Florida,
U.S.A.
Contact the Office of the Comptroller of the Currency
#3Consumer Suggestion
Thu, January 29, 2004
Lydia,
Contact the Office of the Comptroller of the Currency: They handle complaints against Federal banks. (Any federal bank, not just OCWEN.)
Their website address is www.occ.treas.gov/
You can email them at:
Customer.Assistance@occ.treas.gov
Good luck!