The Nebraska Department of Banking and Finance said the order prohibits Ocwen from originating mortgages and acquiring the right to service more mortgages "until the company is able to prove it can appropriately manage its consumer mortgage escrow accounts". The CFPB said it had uncovered "substantial evidence" that Ocwen has engaged in significant and systemic misconduct "at almost every stage of the mortgage servicing process".
The Consumer Financial Protection Bureau said Thursday that the accounts Florida-based Ocwen serviced were riddled with errors throughout the repayment process. The frustrating and expensive experience of one consumer cited in the CFPB lawsuit illustrated the problems some borrowers confronted when dealing with Ocwen.
"A homeowner is forced into a consumer relationship with someone who they did not choose and can not fire", said Marc Dann, a lawyer in Cleveland who has represented many borrowers in cases against Ocwen and other mortgage servicers.
In some cases, Ocwen requested more information from borrowers, but foreclosed before the deadline. "Rather, the CFPB suit is primarily based on the CFPB's flawed review of data and its self-serving conclusion about isolated instances where Ocwen self-identified ways we can do better".
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Lundin Law PC, a shareholder rights firm, announces that it is investigating claims against Ocwen Financial Corporation ("Ocwen" or the "Company") (NYSE: OCN) concerning possible violations of federal securities laws.
Ocwen's errors have resulted in "significant harm to borrowers, including but not limited to improper late fees, inaccurate negative credit reporting, and borrower frustration", a lawsuit filed by the state of Florida said. "That is why MI, along with other states, decided it was necessary to take this action". "We will respond promptly to all of the matters raised after a full review".
Ocwen is one of the nation's largest non-bank mortgage lenders, focusing mostly on subprime and delinquent mortgages. During this time, Ocwen allegedly was unable to send out accurate monthly statements or properly credit payments. They actually propagated that they are working on improving the loan terms, which will help the borrowers to stay in their homes.
Ocwen Financial Corporation (NYSE:OCN) shares slumped -53.89% to $2.49 on Thursday.
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If you look at the company's income statement over the past years, you will see that the company is constantly posting gross profit: In 2014, OCN earned gross profit of 1.91 Billion, in 2015 1.4 Billion gross profit, while in 2016 Ocwen Financial Corp.
The federal lawsuit asks the federal court to order Ocwen to comply with mortgage servicing laws, provide compensation to borrowers who were harmed by the company's actions and pay unspecified penalties.
Specifically, the servicer is accused of loading erroneous or incomplete borrower and loan information into its core servicing system, which resulted in errors.
According to the order, on February 28, 2015, the states of Florida, Maryland, Massachusetts, Mississippi, Montana, and Washington conducted a Multi-State Examination of Ocwen in order to determine Ocwen's compliance with applicable federal and state laws and regulations, financial condition, and control and supervision of the licensed mortgage servicing operations.
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The bureau claims that in 2014, Ocwen's head of servicing described its proprietary servicing system as "ridiculous" and a "train wreck". I'm not talking about differentiators here.