December 26, 2017

We are issuing a caution to any homeowner who is dealing with Ocwen Loan Servicing LLC in connection with a loan modification application. In several cases we have involving Ocwen and loan mods, Ocwen has proven, in writing, that it has lied as to receipt of both loan mod applications and trial mod payments, apparently in an effort to manufacture a “default” to permit a foreclosure to proceed.

Most states presently have a mechanism which prevents “dual-tracking”: that is, permitting a foreclosure to proceed while a loan mod application is pending. The procedure, either by statute or rule or court procedure, prevents a foreclosure case from continuing while a loan mod application is being processed.

In one case where Mr. Barnes is representing the homeowner, Ocwen approved a trial modification and the borrowers have been sending in the trial mod payments by Fedex with a signature required upon receipt. Although Ocwen signed for and accepted the client’s December, 2017 trial mod payment, Ocwen sent the client a statement DENYING RECEIPT OF THE DECEMBER PAYMENT AND THREATENING A DEFAULT.

In another series of cases where Mr. Barnes is representing the owner of contiguous properties both involving Ocwen as the servicer, Ocwen signed for and accepted the client’s loan mod package, yet has told its attorney that it HAS NOT RECEIVED THE PACKAGE AND THE ATTORNEY IS REFUSING TO STOP THE FORECLOSURE CASE.

It has been widely posted and is public knowledge that Ocwen has been cited for numerous fraudulent foreclosure practices and has had to pay millions of dollars in fines in connection with its wrongful conduct. The two examples above prove that Ocwen has learned nothing, and will continue to commit fraud with the apparent goal of assisting its clients (including securitized mortgage loan trusts) in stealing homes, with the fines assessed against Ocwen being nothing more than a “cost of doing business”.

The bottom line is that if you are dealing with Ocwen on a loan mod, YOU MUST DOCUMENT EVERYTHING; HAVE EVERYTHING SIGNED FOR BY OCWEN; AND KEEP SCRUPULOUS DOCUMENTATION AS TO EVERY EVENT, as you are dealing with what numerous people have already suggested to us to be a criminal enterprise which engages in lying and misrepresentation for what appears to be the intent of stealing homes under fraudulent pretenses.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

December 17, 2017

Mr. Barnes has recently been retained in a case where a known foreclosure mill foreclosed on the client’s property in a lawsuit which was filed against a different borrower. The mill put the wrong legal description into the foreclosure case (that of the client, and not the named homeowner defendant), and the client’s home was sold to the Bank of New York as securitization trustee after a “default”, which the client obviously knew nothing about as she was not named as a Defendant in the case. The foreclosure mill refused to correct the mistake. Mr. Barnes is thus initiating litigation against the foreclosure mill and its client (Bank of New York as a securitization trustee) for quiet title and significant damages.

In a separate case, Citibank as the securitization trustee had, since 2014, claimed to be the “holder” of the clients’ Note and Deed of Trust, and substituted itself in to the foreclosure case. Although the party which was substituted out (U.S. Bank as securitization trustee) submitted a credit bid at the sale, Citibank purchased the property and was issued a trustee’s deed and certificate of purchase and thereafter initiated eviction proceedings which Mr. Barnes has consolidated into a separate foreclosure challenge case which he had previously filed.

Mr. Barnes took the deposition of Citibank’s designated representative (from Ocwen), who testified under oath that Citibank NEVER had ANY interest in the loan; should not have filed the foreclosure case or the eviction case, and that the loan was never, ever, placed into a Citibank securitization trust. Mr. Barnes has filed an action to this reverse the entire foreclosure and for damages against Citibank.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com