Sign in to follow this  
rodeomom

loan servicing question

Recommended Posts

letter dated 6/15, rec. on 6/23

notifies me that my mortgage servicer has been changed from Ocwen Federal Bank FSB to Ocwen Loan Servicing LLC.

ok, I'm confused

says after 6/30 all pmts go to new address and that new servicer is to send me same notice with in 15 days, this did not happen.

I am going to do a RESPA letter, as I have had repeated problems with them telling me I had no hazard insurance when I did and I do not think them have credited the mortgage with all the charges they were to reverse.

what else do I need to do?

anyone have any ideas on why this happened?

am going thru BK, but has not yet been filed. am reaffirming on house.

please help

Share this post


Link to post
Share on other sites

Good ole Ocwen. They are notorious for their "force placed insurance." Stay on top of them like you are, and we will all hope this gets resolved.

Here is a link for RESPA information to help you out with your letter.

http://www.hud.gov/offices/hsg/sfh/res/respa_hm.cfm

It appears that Ocwen Bank owned your previous loan, and now has assigned the servicing of your loan to Ocwen Servicing, so I am a little confused as well regarding whether or not you should receive the second letter. For instance I have WAMU for my mortgage, and they changed billing addresses last year, but this did not require a second confirmation letter. I wish I had a better, more definitve answer for you.

Be sure to send your RESPA letter separate from your payment, or it will get lost.

One more note......BY LAW, a mortgage servicer may not report OR charge any late fees for the first sixty days following a transfer of mortgage servicing. Should they violate, you may pursue a "quck little lawsuit" in small claims court.

Share this post


Link to post
Share on other sites

thanks for the link to the letter, that is my next project this afternoon.

I am actually hoping they will screw up and attempt to charge me a late fee, as I will go after them in SCC.

the 15 days has passed w/o a 2nd letter, so I will keep track of that and try to determine how to know if they have to send it or not.

my way of thinking says they do since it is 2 different names and addresses, even though it is obviously an affiliate.

will keep you posted.

thanks a bunch 8)

Share this post


Link to post
Share on other sites

just noticed this paragraph on back of notice from ocwen

This transfer of servicing is part of a transaction by which Ocwen Fedral Bank FSB will cease operations as a federally chartered savings association. further info availiable at their website.

I went to the link you provided, but am having trouble trying to decifer exactly what is to be in the letter for RESPA

Share this post


Link to post
Share on other sites

Here is a draft of my RESPA letter.

July 17, 2005

Ocwen Loan Servicing, LLC

Research department

PO Box 785055

Orlando, FL 32878-5055

RE: Loan #xxxxxxxxxxxx

Borrowers: xxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxx

Property Address: xxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxx

To Whom It May Concern:

Please be advised that this is a “qualified written request” in accordance with RESPA for the servicing of my home loan.

I am requesting a complete and accurate full accounting of the above referenced loan from time of inception to present.

I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,

xxxxxxxxxxxxxxxxxxxxxx

QUESTION #1: Is this specific enough, I'm thinking give them room to hang themselves or do I need to talk specifically about the forced insurance issue?

QUESTION#2: will they have all information from inception of me buying the house in 1992 or do I also have to send requests to each other co. that my loan has been sold to?

FYI LOAN TRAIL

Several yrs ago I refin with Fairbanks capital

then @2002 refin with Home Gold

Home gold sold to Ocwen after just a few months of payments

Now Ocwen federal is transferring to Ocwen Loan Servicing

thanks for the help and being patient with me.

Share this post


Link to post
Share on other sites

xbeer)xpopcornx

You should really be specific to why you are requesting the payment information. This would be the point where they started messing your account up.

Here is akind of what happens: Ocwen, (or mortgage servicer, Fairbanks is good at this stuff too!), requests proof of insurance, because they "have no record." In the meantime, they have been known to stick some really expensive policy on your home. (It protects the mortgage holder only, not you)

Well, somebody has to pay it, yes you. They can legally purchase this insurance and place your mortgage payments in a "Suspense Account." Next you are declared deficient on your mortgage.

Most mortgage contracts state that once a mortgage is 30 days in default, then they can call the mortgage due. (This includes Fannie Mae and almost all mortgages (except FHA and VA) Here come more fees, and the homeowner is required to come up with the money to "bring the mortgage current." Sometimes this homeowners insurance is more than the house payment, and mortgage companies want the full payment. On and on it goes, until the lender finally "STEALS" your home. This topic really makes me sick at the stomach, and xpopcornx (there I am better) should be the major address of any future homeowners protection bills in Congress.

Answer to Question 1:

To Whom It May Concern:

Please be advised that this is a “qualified written request” in accordance with RESPA for the servicing of my home loan.

I am requesting a complete and accurate full accounting of the above referenced loan from time of inception to present.

Specifically, I believe that there is an innacurate application of my mortgage payments due to a "forced placed insurance policy" purchased by Ocwen, for insurance that I already had in place at the time of your mishandling of critical loan documents supplied by my insurance company. I am also requesting that any late fees, or other miscellaneous fees assessed by your company be reversed, and my account updated immediately, as well as any refund from over payment be mailed to me.

I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

I am also enclosing a copy of proof of insurance that proves coverage was, indeed, in place at the time of your "Force placed insurance." I fully expect immediate attention to this matter, and quick resolve.

Sincerely,

xxxxxxxxxxxxxxxxxxxxxx

Question 2: It appears that you will not be able to go back and make an "Official Request" for your previous loan with Fairbanks.

(ii) A written request does not constitute a qualified written

request if it is delivered to a servicer more than 1 year after either

the date of transfer of servicing or the date that the mortgage

servicing loan amount was paid in full, whichever date is applicable.

(3) The signed Applicant Acknowledgment(s) shall be retained for a

period of 5 years after the date of settlement as part of the loan file

for every settled loan. There is no requirement for retention of

Applicant Acknowledgment(s) if the loan is not settled.

(d) Notices of Transfer; loan servicing--(1) Requirement for notice.

(i) Except as provided in this paragraph (d)(1)(i) or paragraph

(d)(1)(ii) of this section, each transferor servicer and transferee

servicer of any mortgage servicing loan shall deliver to the borrower a

written Notice of Transfer, containing the information described in

paragraph (d)(3) of this section, of any assignment, sale, or transfer

of the servicing of the loan. The following transfers are not considered

an assignment, sale, or transfer of mortgage loan servicing for purposes

of this requirement if there is no change in the payee, address to which

payment must be delivered, account number, or amount of payment due:

(A) Transfers between affiliates;

(B) Transfers resulting from mergers or acquisitions of servicers or

subservicers; and

© Transfers between master servicers, where the subservicer

remains the same.

(ii) The Federal Housing Administration (FHA) is not required under

paragraph (d) of this section to submit to the borrower a Notice of

Transfer in cases where a mortgage insured under the National Housing

Act is assigned to FHA.

(2) Time of notice. (i) Except as provided in paragraph (d)(2)(ii)

of this section:

(A) The transferor servicer shall deliver the Notice of Transfer to

the borrower not less than 15 days before the effective date of the

transfer of the servicing of the mortgage servicing loan;

(B) The transferee servicer shall deliver the Notice of Transfer to

the borrower not more than 15 days after the effective date of the

transfer; and

© The transferor and transferee servicers may combine their

notices into one notice, which shall be delivered to the borrower not

less than 15 days before the effective date of the transfer of the

servicing of the mortgage servicing loan.

(ii) The Notice of Transfer shall be delivered to the borrower by

the transferor servicer or the transferee servicer not more than 30 days

after the effective date of the transfer of the servicing of the

mortgage servicing loan in any case in which the transfer of servicing

is preceded by:

(A) Termination of the contract for servicing the loan for cause;

(B) Commencement of proceedings for bankruptcy of the servicer; or

[[Page 281]]

© Commencement of proceedings by the Federal Deposit Insurance

Corporation (FDIC) or the Resolution Trust Corporation (RTC) for

conservatorship or receivership of the servicer or an entity that owns

or controls the servicer.

(iii) Notices of Transfer delivered at settlement by the transferor

servicer and transferee servicer, whether as separate notices or as a

combined notice, will satisfy the timing requirements of paragraph

(d)(2) of this section.

(3) Notices of Transfer; contents. The Notices of Transfer required

under paragraph (d) of this section shall include the following

information:

(i) The effective date of the transfer of servicing;

(ii) The name, consumer inquiry addresses (including, at the option

of the servicer, a separate address where qualified written requests

must be sent), and a toll-free or collect-call telephone number for an

employee or department of the transferee servicer;

(iii) A toll-free or collect-call telephone number for an employee

or department of the transferor servicer that can be contacted by the

borrower for answers to servicing transfer inquiries;

(iv) The date on which the transferor servicer will cease to accept

payments relating to the loan and the date on which the transferee

servicer will begin to accept such payments. These dates shall either be

the same or consecutive days;

(v) Information concerning any effect the transfer may have on the

terms or the continued availability of mortgage life or disability

insurance, or any other type of optional insurance, and any action the

borrower must take to maintain coverage;

(vi) A statement that the transfer of servicing does not affect any

other term or condition of the mortgage documents, other than terms

directly related to the servicing of the loan; and

(vii) A statement of the borrower's rights in connection with

complaint resolution, including the information set forth in paragraph

(e) of this section. Appendix MS-2 of this part illustrates a statement

satisfactory to the Secretary.

(4) Notices of Transfer; sample notice. Sample language that may be

used to comply with the requirements of paragraph (d) of this section is

set out in appendix MS-2 of this part. Minor modifications to the sample

language may be made to meet the particular circumstances of the

servicer, but the substance of the sample language shall not be omitted

or substantially altered.

(5) Consumer protection during transfer of servicing. During the 60-

day period beginning on the effective date of transfer of the servicing

of any mortgage servicing loan, if the transferor servicer (rather than

the transferee servicer that should properly receive payment on the

loan) receives payment on or before the applicable due date (including

any grace period allowed under the loan documents), a late fee may not

be imposed on the borrower with respect to that payment and the payment

may not be treated as late for any other purposes.

(e) Duty of loan servicer to respond to borrower inquiries-- (1)

Notice of receipt of inquiry. Within 20 business days of a servicer of a

mortgage servicing loan receiving a qualified written request from the

borrower for information relating to the servicing of the loan, the

servicer shall provide to the borrower a written response acknowledging

receipt of the qualified written response. This requirement shall not

apply if the action requested by the borrower is taken within that

period and the borrower is notified of that action in accordance with

the paragraph (f)(3) of this section. By notice either included in the

Notice of Transfer or separately delivered by first-class mail, postage

prepaid, a servicer may establish a separate and exclusive office and

address for the receipt and handling of qualified written requests.

(2) Qualified written request; defined. (i) For purposes of

paragraph (e) of this section, a qualified written request means a

written correspondence (other than notice on a payment coupon or other

payment medium supplied by the servicer) that includes, or otherwise

enables the servicer to identify, the name and account of the borrower,

and includes a statement of the reasons that the borrower believes the

account is in error, if applicable, or that provides sufficient detail

to the servicer

[[Page 282]]

regarding information relating to the servicing of the loan sought by

the borrower.

(ii) A written request does not constitute a qualified written

request if it is delivered to a servicer more than 1 year after either

the date of transfer of servicing or the date that the mortgage

servicing loan amount was paid in full, whichever date is applicable.

(3) Action with respect to the inquiry. Not later than 60 business

days after receiving a qualified written request from the borrower, and,

if applicable, before taking any action with respect to the inquiry, the

servicer shall:

(i) Make appropriate corrections in the account of the borrower,

including the crediting of any late charges or penalties, and transmit

to the borrower a written notification of the correction. This written

notification shall include the name and telephone number of a

representative of the servicer who can provide assistance to the

borrower; or

(ii) After conducting an investigation, provide the borrower with a

written explanation or clarification that includes:

(A) To the extent applicable, a statement of the servicer's reasons

for concluding the account is correct and the name and telephone number

of an employee, office, or department of the servicer that can provide

assistance to the borrower; or

(B) Information requested by the borrower, or an explanation of why

the information requested is unavailable or cannot be obtained by the

servicer, and the name and telephone number of an employee, office, or

department of the servicer that can provide assistance to the borrower.

(4) Protection of credit rating. (i) During the 60-business day

period beginning on the date of the servicer receiving from a borrower a

qualified written request relating to a dispute on the borrower's

payments, a servicer may not provide adverse information regarding any

payment that is the subject of the qualified written request to any

consumer reporting agency (as that term is defined in section 603 of the

Fair Credit Reporting Act, 15 U.S.C. 1681a).

(ii) In accordance with section 17 of RESPA (12 U.S.C. 2615), the

protection of credit rating provision of paragraph (e)(4)(i) of this

section does not impede a lender or servicer from pursuing any of its

remedies, including initiating foreclosure, allowed by the underlying

mortgage loan instruments.

(f) Damages and costs. (1) Whoever fails to comply with any

provision of this section shall be liable to the borrower for each

failure in the following amounts:

(i) Individuals. In the case of any action by an individual, an

amount equal to the sum of any actual damages sustained by the

individual as the result of the failure and, when there is a pattern or

practice of noncompliance with the requirements of this section, any

additional damages in an amount not to exceed $1,000.

(ii) Class actions. In the case of a class action, an amount equal

to the sum of any actual damages to each borrower in the class that

result from the failure and, when there is a pattern or practice of

noncompliance with the requirements of this section, any additional

damages in an amount not greater than $1,000 for each class member.

However, the total amount of any additional damages in a class action

may not exceed the lesser of Sec. 500,000 or 1 percent of the net worth

of the servicer.

(iii) Costs. In addition, in the case of any successful action under

paragraph (f) of this section, the costs of the action and any

reasonable attorneys' fees incurred in connection with the action.

(2) Nonliability. A transferor or transferee servicer shall not be

liable for any failure to comply with the requirements of this section,

if within 60 days after discovering an error (whether pursuant to a

final written examination report or the servicer's own procedures) and

before commencement of an action under this section and the receipt of

written notice of the error from the borrower, the servicer notifies the

person concerned of the error and makes whatever adjustments are

necessary in the appropriate account to ensure that the person will not

be required to pay an amount in excess of any amount that the person

otherwise would have paid.

[[Page 283]]

(g) Timely payments by servicer. If the terms of any mortgage

servicing loan require the borrower to make payments to the servicer of

the loan for deposit into an escrow account for the purpose of assuring

payment of taxes, insurance premiums, and other charges with respect to

the mortgaged property, the servicer shall make payments from the escrow

account in a timely manner for the taxes, insurance premiums, and other

charges as the payments become due, as governed by the requirements in

Sec. 3500.17(k).

(h) Preemption of State laws. A lender who makes a mortgage

servicing loan or a servicer shall be considered to have complied with

the provisions of any State law or regulation requiring notice to a

borrower at the time of application for a loan or transfer of servicing

of a loan if the lender or servicer complies with the requirements of

this section. Any State law requiring notice to the borrower at the time

of application or at the time of transfer of servicing of the loan is

preempted, and there shall be no additional borrower disclosure

requirements. Provisions of State law, such as those requiring

additional notices to insurance companies or taxing authorities, are not

preempted by section 6 of RESPA or this section, and this additional

information may be added to a notice prepared under this section, if the

procedure is allowable under State law.

(Approved by the Office of Management and Budget under control number

2502-0458)

xpopcornx

Share this post


Link to post
Share on other sites

When I wrote my RESPA letters, I actually bulleted out every incident/problem/date I had with them, and included copies of supporting documents (letters, statements, etc). A second copy of the letter was also sent to HUD themselves (that link has their address, and they even ask you to send copies to them, just so they can see what's going on) and I told the bank in my letter that HUD got a copy.

This way, you assure they have every bit of info they need, and they have a fire under their butts.

Share this post


Link to post
Share on other sites

thanks so much guys after tomorrow I will gather up all dates, docs, etc. and put it together. got to go to hosp. tomorrow uncle open heart surgery

8)

Share this post


Link to post
Share on other sites
A second copy of the letter was also sent to HUD themselves (that link has their address, and they even ask you to send copies to them, just so they can see what's going on) and I told the bank in my letter that HUD got a copy.

This way, you assure they have every bit of info they need, and they have a fire under their butts.

......and the State Attorney Generals Office, ........

Shucks if you have a little extra cash,.....

the Better Business Bureau, .........

and the Federal Trade Commission.

There are many references at www.ripoffreport.com regarding Ocwen.

Share this post


Link to post
Share on other sites

Have not sent RESPA yet since I am waiting on letter from underwriter to verifiy I have had continious insurance coverage since 9/26/97.

I have sent my July house pmt. Yes it would have been considered late, but since my loan servicer changed, and they cannot charge late pmts for 60 days, IT IS NOT LATE :twisted:

new loan servicer just sent statement with nice pretty late charges on it, ummm damn can we say uh oh.

pmt is 764.65 and they are wanting 1,720.45.

I assume I will want to add this interesting tidbit to my RESPA letter.

do I also want to communicate any thing to CRA's?

Share this post


Link to post
Share on other sites
I assume I will want to add this interesting tidbit to my RESPA letter.

Uhmmm, yes, that would go to the old Ocwen..........

and will also required on your new second letter to the new Ocwen Sevicing. Maybe you can get lucky, and get this resolved on the phone, and not have to do the second letter.

Now then.........I would also be inquiring "WHO" now owns your mortgage????, because Ocwen Servicing only services mortgages, and the bank no longer exists.

My prayers are with you on this.

Share this post


Link to post
Share on other sites

Thanks, I think I will need them.

I do not know who actually owns my loan now. I suppose I will put that in my letter as well. I think I will repost a new letter for reivew before I send it.

Interesting that they are charging me late fees, I'm thinking from more than just this month (not sure yet) BUT ran reports friday and last report date is 6/05, showing no lates, this was experian only one I ran also have @ 3 other reports in 05 that show no lates.

so it sounds as if I need 2 letters

1 to old ocwen about the late fees and then the RESPA to Ocwen loan servicing.

does old ocwen also get respa or not? I have been a bit confused on this. Old ocwen had my loan for @ 2 yrs i believe before this new change of servicer this month.

thanks so much for the help

Share this post


Link to post
Share on other sites

Yes, you need to send two RESPA letters.

Sorry to say, but this is how they operate. First, the mortgage is in "supposed default." beacause of the insurance. Next they sell the servicing of the loan to a new comapany (Which only has the balance they are showing, which happpens to be wrong). New servicer has no idea, just that you owe late fees and other charges. They play stupid this way, but actually they are only following the balances which are forwaded to them.

My suspicion, is that they took your last mortgage payment and applied it to the insurance they bought for you, or the money was placed a "Suspense Account," until all mortgage payments, insurance and late charges are brought current. Thye are allowed to do this, but in your case, they are doing so illegally, because you already have insurance in place.

Share this post


Link to post
Share on other sites

Well, I just got another notice from my new loan servicer charging late fees. hmmm what part of the 60 grace period w/no late charges are they missing. well will just include it in RESPA letter. have pd July's reg. pmt. of course. need to call bank & see when check cleared.

still waiting on letter from ins. co. to send w/respa ltr.

Share this post


Link to post
Share on other sites

Here is an updated RESPA letter that I am going to send.

does anyone have any more suggestions or advice.

Thanks so much!!!!!!

August 2, 2005

Ocwen Federal Bank FSB

12650 Ingenuity Drive

Orlando, FL 32826-2703

RE: Loan #XXXXXXXXXXXX

Borrowers: XXXXXXXXXXXXXXXXXXXXXX

Property Address: xxxxxxxxxxxxxxx

xxxxxxxxxxxxxx

To Whom It May Concern:

Please be advised that this is a “qualified written request” in accordance with RESPA for the servicing of my home loan.

I am requesting a complete and accurate full accounting of the above referenced loan from the dates of transfer to present from Ocwen Federal Bank, FSB and Ocwen Loan Servicing, LLC.

More specifically, Ocwen Federal Bank, FSB began servicing my loan on May 1, 2002; as evidenced by the enclosed copy of NOTICE OF ASSGIMENT, SALE, OR TRANSFER OF SERVICING RIGHTS FROM Ocwen Federal Bank, FSB.

I am also enclosing a copy of same said notice transferring my loan to Ocwen Loan Servicing, LLC, dated June 15, 2005.

Specifically, I believe that there is an inaccurate application of my mortgage payments due to a "forced placed insurance policy" purchased by Ocwen, for insurance that I already had in place at the time of your mishandling of critical loan documents supplied by my insurance company. I am also requesting that any late fees, or other miscellaneous fees assessed by your company be reversed, and my account updated immediately, as well as any refund from over payment be mailed to me.

Repeatedly you have asked me to send proof of insurance and I have done so. I have been told that the charges for “your forced placed hazard insurance” would removed. It does not appear that this has happened. I believe that this has also caused my mortgage to show inaccurate late fees, etc.

I am enclosing a copy of proof of insurance that proves coverage was, indeed, in place at the time of your "force placed insurance." I fully expect your complete attention to this matter, so as to immediately correct my loan account with your company.

I did make my July 2005 loan payment to Ocwen Loan Servicing, LLC as per the Notice of Transfer.

RESPA mandates that no late charges may be charged during the 60 day transfer period. You have violated this provision. I am enclosing proof of such violation.

I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,

.

xxxxxxxxxxxxxxxxx

Enclosures

cc: HUD

cc: Better Business Bureau

cc: State of xxxxxx, Attorney General’s Office

cc: Federal Trade Commission

Share this post


Link to post
Share on other sites
Repeatedly you have asked me to send proof of insurance and I have done so. I have been told that the charges for “your forced placed hazard insurance” would be removed. It does not appear that this has happened. I believe that this has also caused my mortgage to show inaccurate late fees, etc.

Other than that little ommsion, everything looks fine.

In the meantime, you may be able to pull an account history from www.ocwen.com . I would suggest that you set up passwords to stay on top of all their transactions, and print off proof as necessary (like monthly). Oh yeah, there website also has information about the termination and sale of assets to their new bank.

Good luck, and keep us informed.

Share this post


Link to post
Share on other sites

If i werent so angry at OCWEN, this would be hysterically funny.

seems that daily i get something in the mail from them, committing another violation. I just keep adding them to my respa letters, they are going out in evening mail.

it has turned into quite a novel.

2 pg respa letter

3 pgs showing proof of insurance

proof of current pd property taxes (in case that is their next line of attack)

copy or orig. notice of transfer to owen in 2002

copy of recent notice of transfer

copy of their own letter adding late charges during respa time period

copy of their notice to add escrow for ins & taxes even though they are current.

Am sending them all cmrrr and cc all entities that have been suggested.

if it weren't for CIC and everyone on the boards I would not have had the nerve to research and fight for my rights, etc.

THE NEXT ROUND IS ON ME!!!!!!!!!!!!! :D

Share this post


Link to post
Share on other sites

UPDATE REC'D. RESPONSE FROM OCWEN

they noted my proof of insurance for 9-26-04 thru 9-26-05, well duh.

they are still claiming I had no insurance for 7-28-03 to 7-26-04. My insurance has run sept to sept for 8 yrs +, never July to July, sending them that declaration page now. MORONS

what do you think of this load of HUEY PUEY

ME: Ocwen can't charge late fees for 60 days during transfer of loan. (I rec. a Notice of Transfer from them)

OCWEN RESPONSE: Please note that Ocwen Federal Bank FSB ("Bank') has turned in its federal thrift charter, sold the New Jersey branch facility and transferred all assets and liabilities to a non-bank successor entity, Ocwen Loan Servicing, LLC ("OLS"), effective June 30, 2005. All activity previously conducted by or in the name of the Bank will be done through Ocwen Loan Servicing, LLC. Therefore, due to this de-thrifting, the loan was transferred. By doing so your mortgage loan does not affect any terms or conditions of the mortgage instruments other than terms related to the servicing of the loan. therefore, teh sixty (60) day transfer period is not applicable as the loan has not been transferred and that there is only a change in the name.

:shock: OK they say my loan was transferred (in red)

Then they say my loan has not been transferred (in blue) :shock:

I would certainly appreciate it if someone could please pull me back up the cliff I have just fallen off of and explain this to me. Becuase I do not see how they can tell me it was transferred in one sentence and then tell me it was not in the next. :?

I asked them for a full and complete accounting and their idea of that was to give me the due date, date pmt rec. & amount off supposed late charges. (note the months they now claim I was late were for 2002 & 2003 :evil:

They trust that they have fully addressed my concerns 8-) LMFAO NO

I am preparing my response to them\

any input woujld be greatly appreciated. 8)

Share this post


Link to post
Share on other sites

Dear Ocwen,

I am enclosing original letters and documentation of my original RESPA request to you along with your half hearted effort to comply with Federal Law (need to look this up).

Specifically, I requested a full payment history from the beginning, following the transfer to Ocwen Federal Bank (FSB) in 2002. You proceeded to send me paymnet information for due dates, and amount of payment and date received. All of a sudden you have late payments accruing from 2002, carried forward, .

but all my monthly statements, and tax information reflect no late fees????, through 2004.

Recently, (insert date of notification) I received a "forced placed insurance policy on my account for failure to "have in place insurance." I provide you witht he proof of insurance, and a signed declaration from my insurance company of having "Continuous coverage, with the same carrier since 1997

. Your accounting back tracks their statement of no insurance and changes the date to 7/2003 to 7/2004. I really have a hard time dealing with not having insurance during July, since the policy anniversary date is and has always been dated to expire in September. One more intersting question which eludes my wildest imagination, is "If your supposed policy was from 7/2003 to 7/2004, why was it cancelled by you in 7/2004. Did you suddenly find proof of insurance, and why was I not billed for policy renewal by the "supposed insurance company" for renewal. Why Did I never receive a policy form this company in the mail. After all, the policy was for me, wasn't it? By the way, I am interested to know who I had this insurance policy with, and would now like for you to provide me wiht all pertinent information about this policy, all paperwork (including declarations information for which you have on file.

Again I am requesting that you send the exact information I requested in my original letter, and the new information I have requested in this letter>

Please be advised that my efforts have stepped up and will be forwarding all your previous responses anout the handling of the transfer (in one sentence), but elluding the RESPA laws, by staing the loan transfer does not need to comply with transfers in another. I think the FTC will be encouraged to follow up on this, since you are doing this wth every account previously held by Ocwen Federal Bank (FSB).

There is a rough draft for you, and I am sure that you can provide more details and refine the letter a bit. We can proof the letter before you send it.

Thanks for the update.

Share this post


Link to post
Share on other sites

It's a conspiracy, dang it, just has to be a conspiracy.

Every now and then HOMEY gets to thinking and today here is what he thinks...........

Ocwen washes hteir hands and dissolves the bank. Consumers have one year to request RESPA letters. If they do not request RESPA letters within one year, then all their bogus measures of overcharging fees (This is how losn servicers generate income to pay the bills. They receive nothing else except a small token "servicing fee.") are no longer required to be traced. Ocwen Servicing claims will all be validated, since no record past the transfer will be required.

They can then rule the roost.

SCARY!

Share this post


Link to post
Share on other sites

Yes, it is very SCARY!!

I am beginning to think that mob bagmen would be easier to deal with and more honest than these scum. :?

thanks so much, i will draft next letter and post for proofing, etc.

edited to add

My BK attorney has asked that I keep her apprised of this situation, so I am sending her all documentation from round #1 and all future as well.

Share this post


Link to post
Share on other sites

Dear Ocwen,

I am enclosing original letters and documentation of my original RESPA request to you along with your half hearted effort to comply with Federal Law (need to look this up).

not sure what I'm looking up here. is this it? USC 12, SECTION 2605

www.e-prmi.com/respa.htm#2605

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this