Ocwen / Any advice or successful settlement of seconds? Trying to refinance.

andrealeepl

LoanSafe Member
I think this post is looking for any experience with speed and ability of Ocwen settlement with what I describe as a dormant lien, below is where we were and where we are at, I couldn't get this to post to the Debt Settlement forum ;
2011 we filed chapter 13, completed and discharged in 2015 - our second / HELOC (66k) is not included on the petition.
Servicer was originally American Home Mortgage then GMAC, 2012 GMAC files chapter 11 transfers it to Ocwen -
I created the online acct with Ocwen in Feb 2013 as a letter instructed, they accepted a payment but we were not able to pay regular.
Cut to Sept 2013 the account status online shows the acct 'closed' the 'service released' - followed by the receipt of an Ocwen 1098 early in 2014 with the 'principal balance' column noted as 0.00.
The attorney we were using for a loan modification had us write Ocwen, twice, with delivery tracking, citing RESPA , alas never any further contact from Ocwen regarding any transfer or status or acknowledgement of the mailed letters.
2015: at discharge of bk we get a letter from an attorney office in Seattle, a legal doc I assume was filed stating 'notice of final cure mortgage payment re rule 3002.1' iterating that in 2011 Deutsche bank becomes owner of secured lien/note.
I spoke with the bk atty, he gives us list of potential outcomes.. one of which has begun at our own initiative;
2019 , Time to refinance, title report is ordered and there is Duetsche bank as one of the exceptions needing clearing.
I managed to contact and get a response from Duetsche bank in email, next day they inform me the matter is with Ocwen and their team will notify me when Ocwen responds:
Please be advised that Deutsche Bank National Trust Company or Deutsche Bank Trust Company Americas is the trustee and the trustee holds the note for the benefit of the bondholders. Your request was sent to the mortgage loan servicer, Ocwen. This is the party that was managing the mortgage at that time. I will advise you of their response once received.
I found the 2014 1098 from Ocwen in my files after the above note from Duetsche rep, I sent it to Duetsche as well as my title company (who say they plan on reaching out to Ocwen too)
Now we wait?
Any experience or advice to expedite appreciated - of course we are hoping to make an offer and have it resolve quickly :)
 

just_me

LoanSafe Member
Ocwen was sold and/or merged into PHH. I got the notice of servicing transfer effective June 1 2019. The sale of the Mortgage Servicings Rights may effect whom you need to contact. Please check your online account and see if you have access to any further information. Getting information from Ocwen is like pulling teeth with a pair of tweezers. Good luck!
 

andrealeepl

LoanSafe Member
Thanks for the reply just_me !
I just looked at MERS , they still show GMAC as the company associated with mortgage id number,
I have to figure out if GMAC are the ones - or whoever they are now - to settle with, I'm trying to wrap my head around where I can go for this answer.
 

Jzone

LoanSafe Member
Check with your county register of deeds. You may have to go to the register of deeds office, but most counties have online searches now. See who is listed as the current lien holder and make copies of all the liens, assignments and releases. Have an attorney look at it if you like, but whoever is listed as the last lien holder is the one you should negotiate a settlement with.
 

andrealeepl

LoanSafe Member
Update; yesterday 11/15/19 the contact I've been emailing with at Duetsche Bank sent a completed lien release from PHH saying loan was satisfied, I can only guess Ocwen wrote it off back in 2014 and forgot to tell us?
Any how the lien is removed and our title report is being updated so we can complete our refinance, I am stunned. Thanks!
 

just_me

LoanSafe Member
This is great! It's so much easier to deal with a Trustee attorney by email versus the Servicer. Getting your lien release in less than 30 days is AWESOME. (Noting they didn't voluntarily do this without some prompting. lol) It's been a long road to get through this. Always nice to see a success story in the end!
 
D

Doomed

Guest
I am having the same trouble GMAC went out of business and didn't release the loan on my house and now I can't refinance either
 

Jzone

LoanSafe Member
I am having the same trouble GMAC went out of business and didn't release the loan on my house and now I can't refinance either
Was your debt with GMAC paid off? Or you stopped paying when they went out of business?

I think GMAC debt was sold to ALLY bank. Not sure. GMAC went out of business, but that doesnt mean the debt or the liens disappeared.

Since your current bank wont refinance, they must know there is still a lein on the property. Find out from your county register of deeds who holds the lien and work with them for a settlement.
 
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