Well Said. Exactly. 100% Truth.But I think you still missed the point. CFPB makes RULES, they cannot make LAWS. So, the CFPB was still the only entity that had any authority to pursue action based on their rules. And if you look at the complaints they received, they acted on next to none of them. So, right there, most of us have been hung out to dry.
And then, what happens when they do get a consent judgment? One, it only affects that one servicer or pretender. This is useless for everyone else because, without a law to point to, 100% of the other pretenders can keep on violating that same rule with no actual consequences. But then again, when they do get a consent judgment, even the one pretender they caught with it is often found later on to still be continuing the same rule violations and they get a mere slap on the wrist when they get caught--IF they get caught.
But perhaps the biggest wrong that the CFPB has put on all of us is this--in every consent judgment, the offending pretender NEVER has to be held accountable. They ALWAYS refuse to admit any wrongdoing, and the CFPB allows it just to get money in their own pockets. If you look at these consent judgments, they often require the offender to pay some money directly to the CFPB as a penalty. So, they're not in this game for you, me, or anyone else but themselves.
A perfect example of this is Fay Servicing. In 2017, the CFPB issued a consent order against Fay for mulitple violations of laws, including dual tracking, failing to inform borrowers of required protection disclosures and so on. Fay was ordered to stop all illegal foreclosure practices and pay out $1.15 million to borrowers who were affected by these violations:
Fay Servicing, LLC | Consumer Financial Protection Bureau
On June 7, 2017, the Bureau issued an order against Fay Servicing, LLC.www.consumerfinance.gov
Seven years later, in 2024, the CFPB found that Fay had not done any of the required changes of operations as stated in the 2017 consent order--it was still violating all the protection laws for homeowners. This time, they ordered Fay to pay $3 million to borrowers, $2 million as a civil penalty to the CFPB, and to invest $2 million to update its internal technology to better be able to comply:
Fay Servicing, LLC | Consumer Financial Protection Bureau
On August 21, 2024, the Bureau issued an order against Fay Servicing, LLC, a residential mortgage servicer headquartered in Tampa, Florida.
There's no teeth there for Fay, who brought in a total revenue of $137.5 million in just 2023 alone. Giving up $7 million may seem like a lot, but when they have been profiting illegally for 7 years off of these tactics WHILE UNDER CONSENT ORDER, it's just another cost of business to them. Now, the CFPB has TWICE determined that Fay is committing the exact same violations of law to illegally foreclose on homeowners, and yet, they are still able to keep committing those same violations again and again.
We don't need more beaurocracy to hit them with relatively insignificant penalties. We need someone to hold them directly accountable when they break the law--and to stop them from doing so when they show that they have no intention of changing. And the CFPB has actually enabled this to continue. How many of us filed CFPB complaints thinking we were going to get some backing finally?? And how many of us actually did? None. I filed a CFPB complaint and all the servicer needed to do to get the complaint closed was lie. I even produced documentation--the servicer's own, in fact--proving that their response was a lie and the CFPB simply said they responded so we're closing the case. Nothing was ever done. Has anyone here actually gotten a consent order because of a CFPB complaint? Anyone?
Didn't think so.
And that's our tax dollars being wasted. When you look at this from the point of view of, say, a business, it becomes clear that the cost-benefit analysis proves the CFPB is a money drain and nothing more. And while I understand what you're saying about funding, the actual business model for the CFPB prevents them from ever having the teeth they need to accomplish anything. Before their funding was ever cut, they followed the exact same pattern as they have done. The big bank lobby was in it from day one. The CFPB was never going to be allowed to have any real authority--even Elizabeth Warren, who spent lots of time campaigning for the CFPB and speaking about its necessity, in the end, voted against it ever having any real authority. She talks a lot in front of the cameras, sure, but when it's time to actually act, she folded like everyone else did.
In the end, they have determined we all are expendable.
Bagels at a Bar mitzvah Part II
- Thread starter isisis
- Start date
kraftykrab
LoanSafe Member
Guys,
I don't know if this has been mentioned here before or not. I just received word that wanda robo has passed away....apparently, she passed from cancer. Going back through my emails and contacts, it had been a while since we spoke. Just wanted to let y'all know...
I don't know if this has been mentioned here before or not. I just received word that wanda robo has passed away....apparently, she passed from cancer. Going back through my emails and contacts, it had been a while since we spoke. Just wanted to let y'all know...
kraftykrab
LoanSafe Member
I do agree, something is definitely better than nothing. But the CFPB never lived up to its hype, not by a very wide margin. It turned out to be just as crooked as the entities it was supposed to police, because of how the lobbyists made sure it never had any real authority. In the end, it didnt actually help anyone anymore.
Very very sorry to hear that sad news. She was the first person I remember helping me here when I was completely clueless to the Ponzi Fraudclosures.
RIP Wanda Robo
Survivor_IN
LoanSafe Member
Wow. Thanks for passing this along. This is sad news. RIP Wanda Robo. She had a sense of humor and we had no problem losing track of time comparing notes. She enjoyed watching appeal arguments. lol, I thought maybe she decided to enjoy her new home. I hope her family is okay.
Survivor_IN
LoanSafe Member
True. Very True.
Today I had an oral argument hearing, that was scheduled in January when Rushmore Servicing/Nationstar was the Servicer. On Feb 1 Carrington was transferred to become the Servicer. I contacted Carrington this week to ask about the scheduled hearing and they told me I’m under RESPA protection for 60 days until documents are onboarded and that NO foreclosure proceedings will or can take place
during those 60 days. Carrington told me just yesterday the law firm , who is the old law firm , and they got notification from, will tell the court today that they are requesting a continuation until after April and Carrington has their new attorney on the filed case.
Of course when get to the hearing today. This piece of shit scumbag tells the court he has no idea what I’m saying regarding RESPA protections and I’m making up names and conversations with Carrington that the court must ignore……... I say fine. I’m putting everyone at this hearing on notice that the attorney is violating RESPA regaulations and what the Servicer who he most likely doesn’t even represent Carrington at todays hearing and will deal with the consequences and to guide yourself accordingly.
We then proceeded to have the oral argument hearing ,which I was fully prepared for , just in case what took place today actually happened, and i think went very well. Finally the attorney who showed up today was a replacement for the usual debt collector scumbag & he had absolutely no idea about any of the details of the issues in the hearing. And I mean none. He was hemming & hawing and stuttering going back & forth probably reading his partners notes I’m sure. He sounded like he was in 3rd grade. No clue what he was saying, other than it doesn’t matter what the defendant is stating today the judge has to rule for plaintiff. No facts. I ended the hearing by saying to the judge , I have no idea who this guy is, but he is a joke and this was embarrassing and I hope the court sees through this facade.
These guys are pathetic when you just stand up against them. They are so used to no opposition that when you do they just crumble. And yet some reason, the courts still side with the debt collector scumbags.
When it was over. I contacted Carrington immediately and filed a complaint and demanded a full explanation how/why I was told by the 2 Escalation supervisors as recent as yesterday that the hearing would be continued and I have RESPA protection For 60 days. Carrington played it as shocked & that what I just explained to them took place in court wasn’t possible.. We shall see what happens with the Judge decision and now the possible RESPA violation (or perhaps lies told by Carrington ???)
during those 60 days. Carrington told me just yesterday the law firm , who is the old law firm , and they got notification from, will tell the court today that they are requesting a continuation until after April and Carrington has their new attorney on the filed case.
Of course when get to the hearing today. This piece of shit scumbag tells the court he has no idea what I’m saying regarding RESPA protections and I’m making up names and conversations with Carrington that the court must ignore……... I say fine. I’m putting everyone at this hearing on notice that the attorney is violating RESPA regaulations and what the Servicer who he most likely doesn’t even represent Carrington at todays hearing and will deal with the consequences and to guide yourself accordingly.
We then proceeded to have the oral argument hearing ,which I was fully prepared for , just in case what took place today actually happened, and i think went very well. Finally the attorney who showed up today was a replacement for the usual debt collector scumbag & he had absolutely no idea about any of the details of the issues in the hearing. And I mean none. He was hemming & hawing and stuttering going back & forth probably reading his partners notes I’m sure. He sounded like he was in 3rd grade. No clue what he was saying, other than it doesn’t matter what the defendant is stating today the judge has to rule for plaintiff. No facts. I ended the hearing by saying to the judge , I have no idea who this guy is, but he is a joke and this was embarrassing and I hope the court sees through this facade.
These guys are pathetic when you just stand up against them. They are so used to no opposition that when you do they just crumble. And yet some reason, the courts still side with the debt collector scumbags.
When it was over. I contacted Carrington immediately and filed a complaint and demanded a full explanation how/why I was told by the 2 Escalation supervisors as recent as yesterday that the hearing would be continued and I have RESPA protection For 60 days. Carrington played it as shocked & that what I just explained to them took place in court wasn’t possible.. We shall see what happens with the Judge decision and now the possible RESPA violation (or perhaps lies told by Carrington ???)
Survivor_IN
LoanSafe Member
That's pretty brazen! Do you get the mini-miranda that "all calls are recorded for training and quality purposes?" If so, I would subpoena them with the dates and times of these convos. Make a note on it. Of course you already know to get the supervisors name etc. I think this goes to unfair and deceptive practices. ...Otherwise, in FL you have to announce you are recording. Just say, I want to get this right, do you mind if I record this too?
They are lying on RESPA. They don't know their arses from a hole in the ground. Giving misinformation is a way to gain your complacency that nothing bad is going to happen. Make sure you do NOT fall below 6 months behind and keep in mind they will hold or reverse two to obtain rights. So, keep funds in savings or make payments. There is also the "show cause" request that lender is in compliance with respa. I don't know how successful you will be doing that pro se. If you can get the Judge to agree, then they have work to do and you may be able to plan out a strategy. You need to check your messaging again and try to check the box that allows invites to convo's and convo's with other members.
Ive tried numerous times to get convos with other members. It will not give me access. Unfortunately this site was never the same after they did that purge of information. I’m thankful some of us are still here in the fight trying to help with information but of course it’s not nearly the numbers as before.That's pretty brazen! Do you get the mini-miranda that "all calls are recorded for training and quality purposes?" If so, I would subpoena them with the dates and times of these convos. Make a note on it. Of course you already know to get the supervisors name etc. I think this goes to unfair and deceptive practices. ...Otherwise, in FL you have to announce you are recording. Just say, I want to get this right, do you mind if I record this too?
They are lying on RESPA. They don't know their arses from a hole in the ground. Giving misinformation is a way to gain your complacency that nothing bad is going to happen. Make sure you do NOT fall below 6 months behind and keep in mind they will hold or reverse two to obtain rights. So, keep funds in savings or make payments. There is also the "show cause" request that lender is in compliance with respa. I don't know how successful you will be doing that pro se. If you can get the Judge to agree, then they have work to do and you may be able to plan out a strategy. You need to check your messaging again and try to check the box that allows invites to convo's and convo's with other members.
Well anyway. Everyone here is welcome to email me anytime
javagold at outlook dot com
Survivor_IN
LoanSafe Member
It worked.Ive tried numerous times to get convos with other members. It will not give me access. Unfortunately this site was never the same after they did that purge of information. I’m thankful some of us are still here in the fight trying to help with information but of course it’s not nearly the numbers as before.
Well anyway. Everyone here is welcome to email me anytime
javagold at outlook dot com
kraftykrab
LoanSafe Member
Gonna send you an email today, let me know if you get it, thanks.Ive tried numerous times to get convos with other members. It will not give me access. Unfortunately this site was never the same after they did that purge of information. I’m thankful some of us are still here in the fight trying to help with information but of course it’s not nearly the numbers as before.
Well anyway. Everyone here is welcome to email me anytime
javagold at outlook dot com
I responded in the messageIt worked.
Krafty. No. Never received an email from you today. And checked junk mail as well. Please resend if you want or I think I finally get PM here now ???
kraftykrab
LoanSafe Member
Check now, I got a bit tied up with some other things this evening
Survivor_IN
LoanSafe Member
Survivor_IN
LoanSafe Member
JAVA, here's more... this tends to support your contention although I have been told different by Ocwen (go figure) - this may be regarding the allowance or disallowance of fees... but anything may be questioned, esp if they are using "fees" to create a past due and default status.
www.consumerfinance.gov
Comment 33(b)(3)-1
33(b) Notices of transfer of loan servicing.
Paragraph 33(b)(3).
1. Delivery. A servicer mailing the notice of transfer must deliver the notice to the mailing address (or addresses) listed by the borrower in the mortgage loan documents, unless the borrower has notified the servicer of a new address (or addresses) pursuant to the servicer's requirements for receiving a notice of a change of address.
33(c) Borrower payments during transfer of servicing.
33(c)(1) Payments not considered late.
1. Late fees prohibited. The prohibition in § 1024.33(c)(1) on treating a payment as late for any purpose would prohibit a late fee from being imposed on the borrower with respect to any payment on the mortgage loan. See RESPA section 6(d) (12 U.S.C. 2605(d)).
2. Compliance with § 1024.39. A transferee servicer's compliance with § 1024.39 during the 60-day period beginning on the effective date of a servicing transfer does not constitute treating a payment as late for purposes of § 1024.33(c)(1).
Comment for 1024.33 - Mortgage Servicing Transfers | Consumer Financial Protection Bureau
The comment for 1024.33 is part of 12 CFR Part 1024 (Regulation X). Regulation X protects consumers when they apply for and have mortgage loans.
Comment 33(b)(3)-1
33(b) Notices of transfer of loan servicing.
Paragraph 33(b)(3).
1. Delivery. A servicer mailing the notice of transfer must deliver the notice to the mailing address (or addresses) listed by the borrower in the mortgage loan documents, unless the borrower has notified the servicer of a new address (or addresses) pursuant to the servicer's requirements for receiving a notice of a change of address.
33(c) Borrower payments during transfer of servicing.
33(c)(1) Payments not considered late.
1. Late fees prohibited. The prohibition in § 1024.33(c)(1) on treating a payment as late for any purpose would prohibit a late fee from being imposed on the borrower with respect to any payment on the mortgage loan. See RESPA section 6(d) (12 U.S.C. 2605(d)).
2. Compliance with § 1024.39. A transferee servicer's compliance with § 1024.39 during the 60-day period beginning on the effective date of a servicing transfer does not constitute treating a payment as late for purposes of § 1024.33(c)(1).
JAVA, here's more... this tends to support your contention although I have been told different by Ocwen (go figure) - this may be regarding the allowance or disallowance of fees... but anything may be questioned, esp if they are using "fees" to create a past due and default status.
Comment for 1024.33 - Mortgage Servicing Transfers | Consumer Financial Protection Bureau
The comment for 1024.33 is part of 12 CFR Part 1024 (Regulation X). Regulation X protects consumers when they apply for and have mortgage loans.
Comment 33(b)(3)-1
33(b) Notices of transfer of loan servicing.
Paragraph 33(b)(3).
1. Delivery. A servicer mailing the notice of transfer must deliver the notice to the mailing address (or addresses) listed by the borrower in the mortgage loan documents, unless the borrower has notified the servicer of a new address (or addresses) pursuant to the servicer's requirements for receiving a notice of a change of address.
33(c) Borrower payments during transfer of servicing.
33(c)(1) Payments not considered late.
1. Late fees prohibited. The prohibition in § 1024.33(c)(1) on treating a payment as late for any purpose would prohibit a late fee from being imposed on the borrower with respect to any payment on the mortgage loan. See RESPA section 6(d) (12 U.S.C. 2605(d)).
2. Compliance with § 1024.39. A transferee servicer's compliance with § 1024.39 during the 60-day period beginning on the effective date of a servicing transfer does not constitute treating a payment as late for purposes of § 1024.33(c)(1).
I have been told both. RESPA regulations protect against any Fraudclosure proceedings for 60 days. And also RESPA is not for Fraudclosure proceedings. So I’m honestly still not sure.
What I am 100% sure of is Carrington Mortgage lie that their attorney (or whoever showed up as attorney claiming to be for Carrington) would request a continuation of the hearing until April from the Court & the Carrington “in house“ attorney was placed on the account file. Thisnot only did not happen , the scumbag debt collector attorney told the judge I was makingup names and conversations that never took place and must be ignored as I was lying and hearsay.
A complaint has already been filed against all involved.
Survivor_IN
LoanSafe Member
Here's something interesting. This legal complaint goes into all the laws and regs on servicing transfers. Maybe you will find something useful in this complaint or from this legal group's website?