I have a mortgage with Ocwen Loan Service. Back in 2012 my loan was purchased from Saxon Mortgage. Saxon mortgage received 2 loan payments from me, cashed my checks electronically, however they were not applied to my loan. Ocwen is claiming I am two months behind. Since Saxon cashed my checks electronically I nor my bank have cancelled check copies to prove payment. I am unable to get any statements from Saxon, and Ocwen refuses to except copies of my bank statement which shows payments were made. I also included carbon copies of my checks that were sent. Ocwen is threatening foreclosure even though payments were made.
Anyone want to give an answer to what’s next?
Let’s hear it in the comments below.
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Too bad for you. This happened to me. They cashed the checks, money went out of my account, I wrote a number of certified letters sending copies of my bank statements proving my payments were taken out, and then they said they wouldn’t talk with me anymore. HIred an attorney which turned out to be a waste of money.
The attorney never scheduled an inspection of the original mortgage by an expert. I told the attorney about my then husband being added to the mortgage – so I didn’t really have a contract only a void mortgage. He never did file any evidence on my behalf. What should I expect? Day before the trial he had his wife call to demand money be brought to court, even though we had a ‘contract’ (just paper – doesn’t mean anything, really.) saying he’d send an invoice and I’d pay in 30 days. My partner even was grabbed and turned around when he exited the court for lunch, ‘did you bring my money?’ Guess we should have paid because the trial went down hill after that.
The attorney never presented any of my evidence in court. No copy of the original closing doc, nor the copies/originals of my statements proving payments, which he saw and looked at PRIOR to my hiring him!!!!
The original mortgage and note was never in the court during my trial.
The judge said it was a void mortgage, but the transcript was change by the bankster since my attorney did NOT hire the transcriber (transcriber had mortgage in default with Wells Fargo too); the judge sent both lawyers out to the hall and they motioned for the transcriber to go to. They agreed not to talk about the mortgage any more and the judge asked if my attorney agreed to that…my lawyer shrugged and said yes. Would you be surprised to learn that the transcript had been altered??? Come on now…you’ve been reading this topic for years, right? Yep, the judge’s statement, ‘What are we doing here? This is a Void Mortgage!’ had been rewritten…Well’s lawyers did say, and its in the transcript, that they didn’t do it [the mortgage changes]. They would like to know what happened, but they didn’t do it…
No matter that my deposition was 2 days before court…I had to tell my lawyer that they had filed papers for a deposition for me – news to him.
My appeals attorney said I couldn’t mention that there were no originals at the trial because my trial attorney didn’t mention it, and the judge was ok with that.
My appeal attorney said I couldn’t mention anything unless it was mentioned in the trial transcript.
So…even thought the deposition was mentioned in the trial I was told, and the appeal court said, it could not be put into the record.
So…I wasted my money and had my home stolen. Boy am I an idiot, eh?
I really don’t think I am an idiot, I think the system is rigged.
Everything you were taught about this country is a lie. We are pawns just to supply those further up the food chain with what ever they want.
Many borrowers that are upside down on their payments really dont care because there is no equity.
What an ass you are. “Many borrowers” do care that payments they make with their hard earned money actually get posted and applied properly to their accounts. And, I’d even venture to guess that–equity or not–many investors also care that the borrowers’ money is sent on to the investor–not kept by the servicers in some secret suspense account or some other such accounting trick.
Of course they care, their credit scores go into the tank, and the thought of losing one’s home causes depression, illness and unbelievable stress.
I know what Dan Schramm stated is true. I feel that Judges are guilty of aiding and abetting intentionally or not intentionally. (it doesn’t matter we trusted judges to uphold the law for JUSTICE IN THE NAME OF THE PEOPLE) or is that the Sheriff??? ;^) My personal courtroom experience was absolutely shameful. ;^(
FORGERY and FRAUD IS and WILL always be a CRIME!!!
I found it hard to understand why LAW ENFORCEMENT WILL NOT INVESTIGATE??? Why has no one (in any published case) raised the fact that NO LICENSED BANK can assign fiduciary duties to a non-bank business. That’s an interesting question. My husband did raise the question he even prepare the complete report listing all the true factual details and names. He made a list of suspects and where to find them. He also created a list of documents to be produced in discovery with names of witness to be subpoenaed for depositions. We asked for and paid the fee for a jury trial. Was clear on every detail but the unqualified attorney we hired from Santa Cruz state bar legal referral. Took our money and all the evidence we produced the prove with the honest true facts and documents along with our chain of title, forensic securitization audit from 2011, etc. etc. and on and on and on……if your interested in knowing our on going story? I think you can reach me from Neil Garfield info@lendinglies.com or Patricia Rodriguez Law Group.
Our attorney said we could not have a jury trial and we could not do discovery. The Judge looked the other way allowing DBNTC defense attorneys to commit fraud upon the court. Agents representing the banks and groups of brokers that found and organize the questionable investors. With the blessings from Wall Street unethical corrupt attorneys etc.. By committing perjury in both court and in pleading papers filed with the courts. Judges can’t be that ignorant they have to be aware that their actions, giving favoritism to the Banksters. I Believe Most Judges Just Wanted to Clear Their Calendar of These Wrongful Foreclosures.
Allowing the fraud to continue..!!! Our country’s legal system, attorneys, judges, court procedures, servicing companies likely owned by the banks or the same investors possibly aware of the organized conspiracy? The trick is to get a chance to be allowed to bring that evidence and those facts into a courtroom. The trickery manipulation the unethical attorneys that teamed up with the foreclosure mills and REO’s . The court has made so many errors and attorneys have no ethics or respect for the law. There are so many corrupt attorneys that took an oath to serve and protect. Oops I think that’s the sheriff’s office again. You know what I am saying; It is such a on going nightmare. But not a never ending nightmare. If we all stand together AND MAKE IT CLEAR we will end this fraud and organized criminals from stealing our homes. We the 5% that have been willing to stand up to these tyrants. I still say hats off to the people of Santa Cruz w/out the support of their judges to keep on fighting…. next election maybe we should elected a new bench of judges…along with maybe a new Sheriff? Thank you Neil Garfield for posting “Santa Cruz County Boycotts Big Banks that do Bad Things” I will be closing the accounts I have at Chase to Boycott them for the bad things they did after taking over Washington Mutual.
Ocwen was the first to sign a consent judgment with USAG Eric Holder. They are now operating under the conservatorship of jasmithmonitoring. have posted reparations money reserved in your behalf, and have promised to cease their unlawful activities. Ask Joseph A Smith ‘WHERE IS MY MONEY?’ Go fast before HRC gets it all in speaking fees 🙂
Unless you have a loan that is not in a REMIC trust, which is very highly unlikely, Ocwen does NOT own your mortgage. Ocwen is a Sub-Servicer hired by the actual Servicer of the Trust named in the PSA (or as a successor), which is a bank. If your loan reads something like Wells Fargo Bank, NA as trustee for the security holders of Park Place Securities, Inc. trust WCW1, then it is owned by a REMIC trust. A Trust can NOT sell your loan, except to the Master Servicer (a bank) named in the PSA. I wish someone would explain to me WHY anyone is legally obligated to pay a hired Servicer? There is no legal duty. It does not own the loan. The Trustee NEVER EVER hires the Sub-Servicer and usually knows nothing about the foreclosure. Why has no one (in any published case) raised the fact that NO LICENSED BANK can can assign fiduciary duties to a non-bank business. It is contrary to public policy (on a state level) and a federal criminal fraud. All REMIC trustees and Master Servicers named in any REMIC PSA are BANKS.
Also when a Sub-Servicer sends someone a notice that they are now servicing the loan, why isn’t there any notice from the Trustee, the actual owner of the note? Why is anyone obligated to believe what some third party has to say?
Yes, we have raised that specific issue and is now under adjudication before Texas 13th COA Edinburg. We’ll have a decision Real Soon Now. 🙂
https://www.law.cornell.edu/ucc/3/3-418