1 Jan, 2018 → by ClaimboUser461312
their refusal to property title mortgage as a trust
*SOLVED

3

This is my second complaint in four months regarding Ocwen Mortgage’s mishandling of the above referenced mortgage/property.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /> When my mom passed on 11/11/2006, not only did I become the (instant) Trustee of the above-referenced property formerly serviced by National City, who the original mortgagee for my mother and subsequently PNC, but I also inherited the property directly. My initial letter to Ocwen back on 1/12/2012 was simply to get them to update their records, which did not happen without DRE’s invention, this year, 2014. However, even after well over 2 years of calling and letter writing, and DRE’s intervention, I continue to experience nothing but grief from this totally incompetent mortgagor. The short and long of it, is that only after I filed a complaint with DRE in April 2014, and DRE got involved, did Ocwen finally acknowledge and add me as authorized to discuss and handle all aspects of this mortgage. However, although they did allegedly update the information; nevertheless, they still continue to incorrectly and arbitrarily show it as the Estate of Leola Silas Scott, instead of the correct title of The Leola Silas Scott Living Trust and have summarily refused to change it, in spite of all valid documentation in the form of a 72-Page Trust. Their negligent mishandling of this mortgage, through and including this date 8/13/2014, has NOT ceased. After the complaint was filed and I was finally able to send the insurance check for over $72K to them, which they had previously refused to accept, as it pertained to the fire on the property on 10/29/13, they now refuse to send it back in the correct name, but also said they will not state this in writing. On 6/30 – I sent the attached letter via fax to [protected] to the attention of Ocwen staff Kristi Flippin who initially called me about the check, for further handling. I have confirmation of receipt: In short, the letter was basically letting her (Ms. Flippin) know that although I did finally receive a check on June 17, 2014, that I was and still am unable to deposit it into the Trust account established in 2005 because Ocwen added Estate of Leola Silas Scott on the check, which needs to be correctly changed to the Leola Silas Scott Living Trust. I also requested that they change the mortgage statement and all other appropriate documents, too. Once again, I explained that my mother’s property was NOT probated, but left through a trust, of which they are NOW clearly aware of, but for reasons unknown to me, they have refused to change and reissue the check. See the attached Letter to Ms. Flippin. I have not heard back from her directly or in writing, but I have received a couple of calls from other Ocwen staff, after each letter that I have sent, simply placating; including someone name Mike who said that he is an inspector and told me that someone should have told me not to expect a check until after the property was inspected by them, which was obviously not true. I told him that this was not true because although incorrect, that I did finally receive a check, but once again explained that it was not valid and that the property is in a trust and not an estate. He said that he would call me back, but never did. From June 18 through June 27, 2014 I went to the bank (Wells Fargo) on four separate occasions and also called a couple times regarding the deposit of the check. I have dealt with since 1986 and they emphatically stated that the check needs to be changed to reflect the fact that it is a trust account and that they will not cash the check as is with the word Estate on it. I have also asked them (Wells Fargo) for a letter stating the same. Even after again notifying Ocwen of the situation with the bank, I then received a call and had the following conversation with one of the staff members who said that he was from the Insurance Loss Department. The gist of the conversation was as follows: Conversation with Ocwen staff on August 6, 2014 On August 6, 2014, at approximately 11:10 am, I received a call from a person who said his name was John. He said that he was calling from Ocwen’s Insurance Loss Department and that he was calling about the property loss and to let me know the decision of the highest department of Ocwen. He then stated that he had just received information from the highest department at Ocwen and that they had sent him notice that they had decided that no changes/revisions, or replacement check will be sent and that everything will remain in The Estate of Leola Silas Scott. After a lot of other gibberish, he then said that the only thing that he could suggest was: “Go open up an account at another bank and title it The Estate of Leola Scott and deposit the check into that account.” Almost in shock, I said: “So what documents do you suggest, that clearly do not now exist, do you feel I can use in order for me to open this suggested new account with?” It went silent on the other end of the phone. I then said “exactly!” “None exists other than the ones that your company has obviously decided to make up.” I told him that I would NOT do this and again asked that they correctly change the information and reissue a check. He said no. I stated that they could not just summarily decide that something was an Estate and not a Trust and that all documentation provided to them says what it is, which is a Trust. I tried for a second to explain the difference and he said, “I really don’t know or understand what the difference is” and again stated that he was informed that they will not change it. I then asked him to send me this decision in writing. He said he, “no, ” and that he couldn't’t. He also said that all of the information sent to him, states that they will not change the check or the information on file and that was that. At that point, I told him that I sent them a check for over $72, 000+ dollars sent to me from my insurance company and that it did NOT have any reference to my mom, but that they decided, in spite of ALL proof, that it didn’t matter what the initial check from State Farm Insurance had on it, or what the bank told me. I then stated that they, “Ocwen”, have put me in a NEGATIVE position, including not getting my property remodeled, even after 10 months of waiting, and that they consequently their refusal to send me a corrected check, also has not allowed me to receive appropriate rent and that this will eventually also unjustifiably force me into foreclosure. End of conversation. I am at my wits end and clearly need further help with getting this resolved. Please help me. Carolyn Silas-Sams
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