Loan Servicer Ocwen Forces Foreclosure After The Lending Bank Declared Mortgage was Paid in Full

The Kafkaesque character of  this  litigation  is difficult  to deny.   Having  failed  to receive  a  summons  that  may  have  been  improperly  served  upon  them,  Marilyn  and Michael  Elliott  learned  that  a  default  judgment  had  been  entered  against  them, foreclosing on their home because of a mortgage that was allegedly in default.  The home was  sold  in a  sheriff‟s  sale  to  the  lending bank.   Feeling confused and  suspicious,  they turned  to  the  Indiana Attorney General, who directed  them  to  file a  complaint with  the Comptroller of the Currency.  The Comptroller‟s investigation revealed that Chase Bank, the  ostensible  plaintiff  herein,  is  entirely  unaware  of  the  foreclosure  proceeding.  Moreover,  Chase‟s  records  show  that  the mortgage was  paid  in  full  in  2001.    Chase, therefore,  executed  and  recorded  a  satisfaction  of  mortgage.    Notwithstanding  the satisfaction  of mortgage, Chase‟s  loan  servicer—Ocwen Bank—continued  to  prosecute this  action  in  Chase‟s  name,  attempting  to  force  the  Elliotts  out  of  their  home  even though  there has never been a  trial and  the  lending bank has declared  that  the mortgage was paid in full.  Finding this situation untenable, we reverse and remand for trial.

4closureFraud
www.4closureFraud.org

Comments
6 Responses to “Loan Servicer Ocwen Forces Foreclosure After The Lending Bank Declared Mortgage was Paid in Full”
  1. In the above mortgage related article. After the bank bailouts still no one is questioning that any mortgage that was
    originated with less than 20 % down had Mortgage Insurance.
    Intreresting how nobody questions that its like the Banks got to double dip so to speak, and got money on both ends.
    Then some like me that was a good honest broker has to post comments for to make a living now.
    NOT FAIR!

  2. Dee says:

    I HAVE THE EXACT SAME PROBLEM ITS JUST THAT MARSHALL C WATSON IS PUSHING CHASE AND WELLS FARGO NAME ON THE CLERK OF COURT PAPERS AND THE 2 JUDGES SAID THAT THEY NEVER SIGNED ANY PAPERWORK AND I HAVE THE PAID IN FULL PAPERS AND THE THE FLA STATE ATTORNEY AGREED WITH ME AND THE FEW LAWERYS I HAVE TALKED WITH SEEMS TO BE IN THE TWILIGHT ZONE! IF YOU GET HELP PLEASE CONTACT ME andreabethea@att.net. THEY HAVE GONE AS FAR AS TO DIG UP WATER METER AND POKE HOLES IN THE GROUND TO AND I ROLLED MY ANKLE AND THE WATER MAIN LINE FLOODED ONE OF MY CARS BECAUSE OF A PIPE BOMB FITTING ON THE END OF IT! I NEED HELP ASAP!!!!!

  3. Rick G says:

    Finally got a loan mod approved by Ocwen in May 2010…..it said after you make 3 trial payment the loan will automatically be taken out of foreclosure status and I will continue to pay according to the terms of the mod for that timeframe. After loan mod downpayment and five consecutive payments into the mod Ocwen put a foreclosure sale date on my house. Called too many times to count, they ran me through the ringer and on Jan 31 2011 foreclosed on me. Really…………………What was the loan mod all about then? Now noone from Ocwen will talk or call me back. Any attorneys out their interested in putting this poor excuse of a company out of business. Just plan on being placed on hold for an hour while their India based call center tries to get a clue what hell their doing.

    • Geo says:

      Hey, Rick..they got me the same way! Before I knew it,they were already done with all their tricks..and I was hitting the bricks. What a bunch of pricks..hope they all had strokes!!!

  4. Justin Boye says:

    The Rockefellers are all a bunch of crooks so why expect anything different from their organizations they made plenty of money selling off peoples mortgage as derivatives and their shady loan schemes then they get bailed out millions from the tax payers…

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