Initial Business Response /* (1000, 5, 2015/10/13) */
October 12, 2015
RE Case: [redacted]
To Whom It May Concern:
Our office is in receipt of the above referenced complaint regarding an in initial communication letter sent to Ms. [redacted] by our office on behalf of HSBC Bank USA, National...
Association, as Trustee for Ownit Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-2 in anticipation regarding filing a foreclosure action. Ms. [redacted] executed the subject note that will be the subject of the foreclosure action. As for her allegations regarding her divorce action and the alleged refinance of her husband, we request additional time to review to determine the appropriate actions are taken. Our office did receive a communication from Ms. [redacted] and have escalated the same to our client to review. Could we have an additional 2-3 weeks to continue the review and discuss with our client and respond accordingly?
Sincerely,
/s/ Laura C. I[redacted]
Laura C. I[redacted]
Initial Consumer Rebuttal /* (3000, 7, 2015/10/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I contacted the Law Offices of John Clunk immediately after receiving the letter for initial foreclosure. They flat refused to deal with me and responded that I needed to hire a lawyer to discuss this issue with them. I was willing to provide all pertinent information to them but they were of the attitude of non capitulation. I will give them the time they asked for but will not close this case until their response is satisfactory.
Final Business Response /* (4000, 9, 2015/10/26) */
October 23, 2015
Revdex.com of Akron
222 W Market Street
Akron, OH 44303
[redacted]
To Whom It May Concem:
On behalf of Ocwen Loan Servicing, LLC (Ocwen), the Office of the Consumer Ombudsman would like to thank you for your recent correspondence regarding the above-referenced loan. The Consumer Ombudsman's oflice was created to provide a resource to assist with unresolved concerns and issues.
Ocwen is required to service the loan in accordance to the terms of the signed loan documents. A review of the loan indicates that [redacted] and [redacted]) are the borrowers and are equally responsible to satisfy the debt on the loan.
Our Office forwarded Mrs. [redacted]'s concerns to Ocwen's Legal Department for review. Please note that the Divorce Decree or Quit Claim Deed (QCD) only transfers the title of the property to the person named in the deed. The Legal Department detennined that the divorce decree required that Mr. [redacted] refinance the loan into his own name and then Mrs. [redacted] would issue a QCD. However, the existing loan was modified instead of refinanced; therefore, the provisions of the divorce decree were not observed. The QCD executed by Mrs. [redacted] served to remove her name from the deed, but not from the loan. Therefore, Mrs. [redacted] is still liable for the mortgage debt.
As of the date of this letter, the account is due for the April 1, 2015 payment, subsequent payments, fees and costs. As a result of the payment delinquency and initiation of foreclosure, fees were incurred that were then assessed to the loan for repayment. We have attached a copy of payment history, which reflects all credits and disbursements made to the loan by Ocwen.
Thank you for bringing Mrs. [redacted]'s mortgage liability concerns to our attention. Ocwen has investigated her concerns and found no evidence that an error was made. I have enclosed the documentation we relied upon to review her concerns. If you believe there is additional documentation relevant to the issue, which was not provided, you or the borrower may request such documents by contacting me directly.
Page2
Case No.: [redacted]
OLS Loan No.: [redacted]
October23, 2015
The Of1ice of the Consumer Ombudsman is an advocate in ensuring that Ocwen's servicing remains fair, reasonable, and proper. Should you have any further concerns relating to this response, or if you believe there is additional documentation relevant to the aforementioned issues that was not provided, you may request such documents by contacting me directly at (800)
390-4656. For other questions or servicing requests, please call Ocwen at [redacted] or visit their website at [redacted].
Sincerely,
Zoraida (Amie) Morales
Consumer Account Analyst
Office of the Consumer Ombudsman
Ocwen Loan Servicing, LLC
Initial Business Response /* (1000, 5, 2015/10/13) */
October 12, 2015
RE Case: [redacted]
To Whom It May Concern:
Our office is in receipt of the above referenced complaint regarding an in initial communication letter sent to Ms. [redacted] by our office on behalf of HSBC Bank USA, National...
Association, as Trustee for Ownit Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-2 in anticipation regarding filing a foreclosure action. Ms. [redacted] executed the subject note that will be the subject of the foreclosure action. As for her allegations regarding her divorce action and the alleged refinance of her husband, we request additional time to review to determine the appropriate actions are taken. Our office did receive a communication from Ms. [redacted] and have escalated the same to our client to review. Could we have an additional 2-3 weeks to continue the review and discuss with our client and respond accordingly?
Sincerely,
/s/ Laura C. I[redacted]
Laura C. I[redacted]
Initial Consumer Rebuttal /* (3000, 7, 2015/10/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I contacted the Law Offices of John Clunk immediately after receiving the letter for initial foreclosure. They flat refused to deal with me and responded that I needed to hire a lawyer to discuss this issue with them. I was willing to provide all pertinent information to them but they were of the attitude of non capitulation. I will give them the time they asked for but will not close this case until their response is satisfactory.
Final Business Response /* (4000, 9, 2015/10/26) */
October 23, 2015
Revdex.com of Akron
222 W Market Street
Akron, OH 44303
[redacted]
To Whom It May Concem:
On behalf of Ocwen Loan Servicing, LLC (Ocwen), the Office of the Consumer Ombudsman would like to thank you for your recent correspondence regarding the above-referenced loan. The Consumer Ombudsman's oflice was created to provide a resource to assist with unresolved concerns and issues.
Ocwen is required to service the loan in accordance to the terms of the signed loan documents. A review of the loan indicates that [redacted] and [redacted]) are the borrowers and are equally responsible to satisfy the debt on the loan.
Our Office forwarded Mrs. [redacted]'s concerns to Ocwen's Legal Department for review. Please note that the Divorce Decree or Quit Claim Deed (QCD) only transfers the title of the property to the person named in the deed. The Legal Department detennined that the divorce decree required that Mr. [redacted] refinance the loan into his own name and then Mrs. [redacted] would issue a QCD. However, the existing loan was modified instead of refinanced; therefore, the provisions of the divorce decree were not observed. The QCD executed by Mrs. [redacted] served to remove her name from the deed, but not from the loan. Therefore, Mrs. [redacted] is still liable for the mortgage debt.
As of the date of this letter, the account is due for the April 1, 2015 payment, subsequent payments, fees and costs. As a result of the payment delinquency and initiation of foreclosure, fees were incurred that were then assessed to the loan for repayment. We have attached a copy of payment history, which reflects all credits and disbursements made to the loan by Ocwen.
Thank you for bringing Mrs. [redacted]'s mortgage liability concerns to our attention. Ocwen has investigated her concerns and found no evidence that an error was made. I have enclosed the documentation we relied upon to review her concerns. If you believe there is additional documentation relevant to the issue, which was not provided, you or the borrower may request such documents by contacting me directly.
Page2
Case No.: [redacted]
OLS Loan No.: [redacted]
October23, 2015
The Of1ice of the Consumer Ombudsman is an advocate in ensuring that Ocwen's servicing remains fair, reasonable, and proper. Should you have any further concerns relating to this response, or if you believe there is additional documentation relevant to the aforementioned issues that was not provided, you may request such documents by contacting me directly at (800)
390-4656. For other questions or servicing requests, please call Ocwen at [redacted] or visit their website at [redacted].
Sincerely,
Zoraida (Amie) Morales
Consumer Account Analyst
Office of the Consumer Ombudsman
Ocwen Loan Servicing, LLC