Here we go again…
Via @ Justnswer
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 showspayments were made. I also included carbon copies of my checks that were sent. Ocwen is threatening foreclosure even though payments were made.
I’m Lucy, and I’d be happy to answer your questions today. I’m sorry to hear about your situation.
To foreclose on the loan, they have to prove that your payments are past due. Illinois only does judicial foreclosure, which means they need to file a lawsuit and go to court to take your home, and that gives you a chance to defend yourself. In court, a judge will accept a notation of electronic payment on your bank statement as proof of who got the money. If you haven’t already, trying asking the bank if they can trace the payment and provide you some other documentation showing who submitted it. That will also help you if they try to foreclose.
Another option is to have a local attorney send them a letter explaining that you’ve paid and insisting that they update your account records AND notify the credit bureaus immediately that your payments were made or you’ll sue them for violations of the Fair Credit Reporting Act.
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