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Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6422
Experience:  20 years of proefessional experience
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My problem is with Ocwen Federal. We have been paying on a

Customer Question

My problem is with Ocwen Federal. We have been paying on a 30yr FHA fixed mortage,our maturity date was 08/01/16. The are now saying we owe an additional $45K and have added 8 additional years to my payment. The orig loan was only$60,619.00. The original loan was under Hinton Mortage company, After making payments to them for about 6-7 yrs from 1986 until 1992,the loan was bought/turned over to HUD Loan Servicing company. They serviced the loan for about 4 yrs and sold the loan to Ocwen Fed in 03/01/96. I don't feel I was given Credit for the 10yrs of payments made prior to Ocwen taking over the loan. Hinton is no longer in business, I have been trying to get records form HUD for months.I have requested a payment reconciliation from Ocwen from the origination of the loan, never provided. I have emailed the CFPB, no resolution, Attorney General office. I have contacted Ocwen's Ombudsman dept, no resolution. I paid a Real estate from Just Answer $500.00 for the suggestions which turned out to be everything I had already tried. I spoke with a local attorney and paid him $250.00, unable to help me. I cannot afford to pay an attorney $250.00- $300.00 hr. I make to much for free attorney service. The Law service that is based on your income is not taking any new cases at this time, can anyone help me?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Maverick replied 11 months ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

You can try to sue HUD and the mortgage companies involved in what is known as a declaratory judgment action for a court order that states that based on your evidence showing your history of payments [or any evidence you can get from the lenders or HUD through litigation discovery] you only owe XYZ amount as of this date and that all future balance dues are to be calculated based on this figure.

Here is the law;

Here is a sample form;

Notice that the DJ law provides for the possibility of your recovering your legal fees from the losing parties. You can use this as a threat to send a demand letter asking one more time for them to give you the paper work showing how they arrived at your balance due before you go to a lawyer.

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Customer: replied 11 months ago.
The burden of proof is on me. HUD emailed me the other to say there were not able to find any of the information that I requested. I requested form HUD,
A copy of the Annual Escrow/Tax from 01/01//92-03/01/96
Summary of payments received and how applied from 01/01/92-03/01/96
Payment reconciliation report from the origination of the Loan 0901/86 - 03/01/96
A copy of the Deed and Trust between Hinton Mortgage From 09/01/86-03/01/96Ocwen keep saying they cannot provide me the information from the origination of the loan the can only provide information from when the loan was turned over to them. I have received a lot of paper work from them, but what keep trying to explain if the beginning balance is incorrect then the amount applied toward principal and interest is also incorrect. They are saying for the duration of time of the loan with Hud they are not showing hardly any payments payment which put me further behind. The added about 8K arrearage to the loan, then a few months later added another $7K to the arreage. I have paid Ocwen 20yrs on the loan and they say I owe $43K, the original note was only $60,619.00. They are not giving me credit for almost 10 yrs of payments, thus adding an additional 8yrs to loan.
Expert:  Maverick replied 11 months ago.

So, without written documentation to support your payment history, when you file the declaratory judgment action, you will be permitted to testify that you made payments during this time and also support your testimony by showing any written proof you may have from old bank records or tax returns where you took an interest deduction. The lender will not be able to provide any contradictory testimony or proof [or not much anyways] as it appears to be the case from what you are saying. Thus, it will be a "he said -she said" credibility match that you may likely win.

Customer: replied 11 months ago.
At this point what would be the best attorney to contact, a Civil attorney or a Real Estate attorney?
Expert:  Maverick replied 11 months ago.

You would need a real estate litigation lawyer. This link may help you find the lawyer your are looking for.