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Ocwen Loan Servicing Mortgage Servicing tried to foreclose on our home! West Palm Beach, Florida
In February of 2005, my now husband and I purchased our first home in Puyallup, WA. In March of 2005, our loan was sold to Ocwen Loan Servicing Group. After regular payments to both our original loan service provider and to Ocwen, with records to show the transactions, Ocwen posted a foreclosure notice on our home in April 2005, with a notice of intent to pay $19,000 or to vacate in 120 days.
Confused and angry by this we sought out advice from our attorney. We provided proof of every payment made with bank statements and noted we had never received any sort of notification from Ocwen that our loan was in jeopardy of being foreclosed on. At the direction of our attorney, we were advised to file CH 13 Bankruptcy in order to save our home and prevent the foreclosure while we were investigating the claim.
Prior to filing Bankruptcy, my husband and I had credit scores that would afford us to live an above average lifestyle. Since the bankruptcy, both of our credit scores have fallen below 500, my husband, as a Deputy, pays over $3000 a month to the Bankruptcy Court Trustee for a mortgage that is only $1650 per month. We were told that while investigating the claim that we owed $19,000 in arrearage that we had to file that amount in the bankruptcy which in essence required us to make two mortgage payments per month. We were required to give up one of our vehicles as the bankruptcy would not allow us to keep both of them, therefore it is noted that we have a voluntary repossession on our credit report.
In May of 2009, our attorney advised us of filing a loan modification with Ocwen to lower our payments and to get out of our subprime ARM loan.
Below is a timeline and actions taken to obtain a loan modification from Ocwen.
5/18/2009 - I obtained the necessary documents from Ocwen to file for the modification.
6/10/2009 - The documents were emailed and faxed. Per the instructions on the modification we had to wait 90-days to contact Ocwen regarding the status of our modification.
9/24/2009 - Contacted Ocwen to get an update on our modification and they stated that they could not talk to me without a release letter from our attorney.
9/25/2009 - Contacted our attorney and asked for a letter to be drafted, stating that Ocwen could talk to us regarding a modification.
9/26/2009 - Received letter from our attorney and emailed and faxed to Ocwen per their request.
10/23/2009 - Called Ocwen again to request a status of our modification and was told that they have never received any documentation from us, although a prior conversation stated they had received them and were awaiting a letter from our attorney which was provided as stated above. 1
0/23/2009 – Again, modification documents were both faxed and emailed to Ocwen for the second time.
10/29/2009 - Called Ocwen to verify the documents were received and was told to call back in three days.
11/4/2009 - Called again to verify the documents were received and again was told they were not.
11/5/2009 - Resent all documents for a third time to Ocwen via email and fax.
11/17/2009 – Called Ocwen to verify documents were received and once again were told they were not.
11/19/2009 - Documents were sent again via email and fax, fourth time.
11/30/2009 - Called Ocwen and asked to speak with a manager/supervisor. Was told I could not speak to one. I could leave a voicemail and a call would be returned within 24-hours.
12/09/2009 - Called again to speak to a manager as I had not yet received a call back, and again was told one was not available and to leave a voicemail that would be returned within 24-hours which I did.
12/15/2009 - Still had not received a phone call from a manager/supervisor so called Ocwen to verify the last set of documents were received. They stated the documents were indeed received and we needed to wait the 90-day waiting period to have the documents reviewed.
1/08/2010 - Called Ocwen to receive and update on the modification. Once again, I was told the documents were never received despite the fact they had confirmed they were the month before. During this whole time we kept our attorney notified as the process we were going through and the responses that Ocwen was providing. She stated to continue sending the documents. Our hands were tied at this point.
02/11/2010 - Received and ARM change notice in the mail, stating that the interest rate was being reduced by .125% but our payment was being increased $276.00 per month. This letter was sent to our attorney in which she sent a letter to Ocwen asking for an explanation.
02/25/2010 - Called Ocwen to clarify why our monthly mortgage payment was increasing when our interest rate was being reduced. They stated that we were 13-months behind on our mortgage and we owe them $21,168.66 which included interest and penalties. At this time I requested an accounting as to how they came up with that number. I received an email from Ocwen on that same day with a reinstatement quote showing what we owe them (according to their computer system). Based on our documents with the CH 13 trustee, the 1st and 2nd mortgages that Ocwen stated we were initially behind on have been paid in full (mind you we have now paid this amount twice) and we are also current on our mortgage payment which is paid through the Ch. 13 BK. We sent this letter to our attorney as well for her to respond.
04/24/2010 - Received a letter from Ocwen stating they had received all of our documents and were in need of another release letter from our attorney (which again costs us money), as the original one had expired, as well as requesting some additional documents. We complied with the letter and sent in the paperwork via email and fax.
05/04/2010 – Per our attorney’s advice, we began to seek out a refinance of our house to get out of underneath of Ocwen before our Ch. 13 BK discharges in January 2011.
05/06/2010 - We begin the refinance process with our mortgage lender. After a few days we were told that due to our credit scores being under a 620, the FHA would not accept our application until we were able to better our scores. Because of Ocwen and having to file bankruptcy in order to keep our home, our credit scores have been ruined. Ocwen will not work with us to modify our loan and we are unable to get financing to refinance our home due to our credit scores that Ocwen caused.
We have read about several class action law suits against Ocwen in several states, although we have yet to find one that has been filed in WA State. We cannot believe that we are the only ones here in WA that this is happening to.
We have spent thousands of dollars in attorney fees just to file our Bankruptcy and for our attorney to go round and round with Ocwen. We have also spent hundreds of hours in our own time conducting research and contacting Ocwen to get the matters resolved. We do not have the means to front the money to begin a class action lawsuit due to the financial constraints that Ocwen has on us.
This company is taking advantage of good, hard working people that are just trying to protect their homes.