Tuesday, December 18, 2012

Homeowner: Mortgage Servicer Belted Me For $6K+ In Charges On $2,289 Loan Balance For Being 91 Days Late In Payments, Refuses To Allow Principal Payoff

In Green Cove Springs, Florida, First Coast News reports:
  • Diane Ham is done with Ocwen, her mortgage servicing company. "I cannot get them to even understand," she said. Ham, who lost her law enforcement job three years ago, said they were trying to keep their mortgage loan current until it happened.

    "We had gotten behind," said Ham, "and my bank account was wiped out by identity thieves." She said it left her account $325 in the negative balance before her credit union was able to correct it.

    Her husband's income was the only cash coming in and soon, they were 90 days late. Ham said in November, she tried to make a payment to Ocwen Loan servicing and it was rejected.

    "They told me I was 91 days past due," said Ham, "and I would have to pay $1707 by the end of December and that would solve the issue."

    Her mortgage balance is $2,289 so she asked for a pay off and Ocwen sent her a statement for $8,507.56. "I was just overwhelmed," she said.

    She is being charged thousands in foreclosure fees, but according to court records she is currently not in a foreclosure lawsuit. There was a lawsuit in 2006, but the records show that was dismissed and not relative to 2012.

    "I'm trying to pay my bill, but when you turn around and hit me with $5,000 additional money, that is not right," said Ham.

    Attorney Tim Pribisco with the Oughton Law firm said most mortgage agreement have a provision for the lender to recover foreclosure fees if it has to retain an attorney, but there has to be a foreclosure. "If there's no foreclosure action started what are the foreclosure fees?" asked Pribisco.

    He said given the evidence he has seen this seems like an act of bad faith. Pribisco said Ham needs an attorney to walk her through the legal mess. Ham said she just wants the fees removed.

    "Give me a justified payoff so that I can pay this off," said Ham.

    Attempts for comment from Ocwen were unsuccessful.

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