AND SO IT CONTINUES… MESSAGE ON JUST ANSWER IN 2016: MISSING PAYMENTS – I HAVE A MORTGAGE WITH OCWEN LOAN SERVICE…

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.

Expert:  Lucy, Esq. replied less than 1 hour ago.

Hi,

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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2 responses to “AND SO IT CONTINUES… MESSAGE ON JUST ANSWER IN 2016: MISSING PAYMENTS – I HAVE A MORTGAGE WITH OCWEN LOAN SERVICE…

  1. Ronda Bradshaw

    That is EXACTLY what happened to us! They purchased our loan and said that we owed the last payed that cleared the previous bank to them. We had bank statements proving the money came out of our account and to the previous bank. They continued to fight us and would not allow us to make a mortgage payment for 6 months! The entire time we didnt have an account with them to pay them if they would let us! Then they wantex a huge lump sum with late fees which we refused to pay. We tried to fill out the paperwork to have the loan restructured multiple times and every time they never received it!! We are talking 4x, we even went through a lawyer but it was “too late.” we tried to sell the house the buyer was only offering 14k less than we owed…they refused the offer. During all of this they never produced actual physical paperwork that they owned the house. Then they auctioned the house about a month ago…they tried to auction it for more than we even owed on it and it didnt sell. They then called us and said they could keep us in our house! We owned the house for 12 years and wete never late with a payment until they bought our loan and did this. How can they get away with this? I’m sorry to all who experienced this as well it was a bit traumatic not to mention my credit is terrible now.

    • It’s deja vu all over again. The government don’t understand that much of the same big banks and non-banks are repeating the same crimes again and again all in the name of profit.

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