Tag Archives: FDCPA


Remember the five “W’s”?

WHO: Clouded Titles author Dave Krieger, along with special guest retired attorney and former federal law clerk R. J. Malloy!

WHAT: We’re going through drafting content in the framing of an FDCPA lawsuit, and Ocwen is the target!

WHEN:  Thursday, June 22, 2017, 8:00 p.m. (EDT)

WHERE: CloudedTitles.com (go to the webinar link and sign up)

WHY: Because Ocwen appears to have lied to everyone about its servicing practices. Twenty states and the District of Columbia have banned Ocwen from taking on new loan servicing accounts until they can prove they’ve cleaned up their shoddy bookkeeping practices.


HOW TO SIGN UP: Go to the Clouded Titles website and click on the webinar link and go to the shopping cart and check out.  You will be sent a code in your email inbox that links you directly to the webinar, which will be recorded and archived for later use.

Don’t miss it!



Filed under BREAKING NEWS, webinar



The uniqueness of “kicking someone when they’re down” doesn’t even come to mind here, even in light of the dilemma I created for myself when I delivered a copy of the two-volume, 778-page OSCEOLA COUNTY FORENSIC EXAMINATION to the Clerk of the Circuit Court, Armando Ramirez on December 30, 2014.

This is one of the reasons why bad press is still “press”.  Maybe Ocwen Loan Servicing LLC is delighting in all of this unwanted attention.   As of today, it’s stock is still trading.  I wish I’d have known in advance of the issues confronting the mortgage loan servicer would come to a head on April 20, 2017, as I would have seriously shorted Ocwen’s stock and made thousands of dollars doing it.  Darn!

However, given the issues surrounding Ocwen’s reliance on one of its affiliates, Altisource (headquartered conveniently in Luxembourg) and Ocwen’s REALServicing platform, you can bet that there’s a good chance that any time Ocwen Loan Servicing LLC sends you a Monthly Mortgage Statement, it’s riddled with accounting errors.

Significantly, these errors can result in demands for payment which are erroneous and subject to civil liability under the FDCPA.  If you are actually paying Ocwen money for these errors, based on these statements, later discovering you overpaid or your payments were misapplied to someone else’s account to make up for Ocwen’s accounting shortfalls, this could warrant a case for disgorgement.

I find it incredibly interesting that Ocwen Loan Servicing’s “Sweet 16” (who I call the Florida notaries who sat around a table in West Palm Beach, Florida and took turns “dummying up” documents that would be recorded in real property records all over the United States, further creating issues of clouds on titles to millions of pieces of real property all over America.

Turning to a recent post on this blog, I note that Ocwen’s “Contract Managers” and “Contract Coordinators” have that same ability to “dummy up” affidavits that claim Ocwen has the authority to do “this, that and the other”; however, without a Limited Power of Attorney to back up the significant claims that Ocwen employees make on these affidavits, one would be virtually in the dark on what actual authority Ocwen has to do anything.


(1) You can locate all of Ocwen’s Limited Powers of Attorney (“LPOA”)by going to the Palm Beach County, Florida Clerk of Court’s website and searching for “Power of Attorney (POA)” with Ocwen Loan Servicing LLC as the GRANTEE.

(2) You need to reach every single detail of these powers of attorney when you locate the appropriate one, as there are over 800 of them recorded in the Clerk’s database.  Use the GRANTOR name to isolate your search (e.g., Bank of New York Mellon, U.S. Bank, HSBC Bank USA, N.A., etc.) and hone in on the LPOA that fits your date and time scenario, which specifically states WHICH REMIC is being represented in the LPOA.  You may be surprised to find that Ocwen is limited as to what it can do (e.g., only manufacturing documents and not actually commencing a foreclosure proceeding).  You may also find the LPOA has expired.  It doesn’t mean they’re not still in the public record … it’s just that they’re expired.

(3) You need to specifically research the REMIC on the SECINFO.com website.

Get a complete copy of the 424(b)(5) Prospectus and SEC Form 15d and save them to file.  In the search bar for the particular REMIC, run the name OCWEN in the search engine and see if anything pops up.  Run the term “Sale and Servicing Agreement” and see what pops up.  If you don’t find specific notations to any event relating to Ocwen, it means two things:

(a.) you will need to locate an LPOA that contains such an Agreement; and

(b.) if you can’t find the Agreement listed in the public record, you’ll have to obtain it in discovery under Request for Production of Documents.

This my friends, is legal research and case strategy, NOT legal advice.  If you’re going to jump down rabbit holes, you’d better be prepared to dig deep!

If Ocwen is NOT allowed to enforce the terms of a Mortgage or Deed of Trust because you can show lack of authority vested to it … and you see the customary FDCPA language on the form they send you … then that would indicate, in asking for a sum certain, that they are in the business of collecting debts and thus are subject to the FDCPA. (This of course, has to be determined by a court of competent jurisdiction! I am not the KING of any Court, unlike some on the Internet that would posit such!)

When it comes to suing mortgage loan servicers like Ocwen Loan Servicing LLC, be aware that they have multiple sources to dip into when it comes to fighting their legal battles, even if it means dipping into other peoples’ escrow accounts for that money!  This is why Ocwen wants your house!  They will purposefully rack up so many servicing fees that by the time the house sells and they recoup their expenses, the entire proceeds of the sale is gone and the alleged “lender” Ocwen is supposedly representing, gets nothing.

But wait!   The alleged “lender” got money from credit default swaps, default insurance and title insurance. In fact, we guesstimate about 6 different sources of loss reimbursement, not to mention the FDIC if that corporate federal agency is in play.  Then, there’s the taxpayer.  We won’t go there, for now.

So let’s say we sue Ocwen, for the sake of argument.

UPDATE: The second of four FDCPA webinars on the subject has been re-scheduled for Thursday, June 22, 2017 at 8:00 p.m. EDT.  We will be doing something different in this Webinar, as R. J. Malloy will be walking through the process with me, step by step as we discuss pleadings development and purpose.  This is truly a webinar you DON’T want to miss!  For those of you who are confused about the price … EACH WEBINAR is $39.95!  I cannot do all 4 for that price because of costs.  If I did a live event in Orlando, you’d have to pay anywhere from $495 to $895 to attend a 1-day event, plus airfare and hotel, instead of paying a total of $159.80 for all 4 online workshops and this is a huge savings to you for the same education.

In the second of four FDCPA webinars, we have some new news to update you on about applications of the U. S. Supreme Court’s Spokeo, Inc. v Robins et al_ decision … you have to prove you suffered economic harm in order to make an FDCPA action stick.  I know, it’s the nation’s highest court’s way of impeding class-action lawsuits!  In a class action lawsuit, ALL of the Plaintiffs in the class have to have suffered a similar economic harm before the court will approve the class!

Look for signup information on the CloudedTitles.com.




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Filed under BREAKING NEWS, OP-ED, webinar



In a not-so-unexpected move, Ocwen Loan Servicing, LLC has filed a lawsuit against Fidelity Information Services (FIS), which is basically an IT servicer provider to mortgage loan servicers.  The issues involve Ocwen being billed $44.8-million by FIS, which the IT provider says were legit expenses.  Ocwen disagrees, citing part of the receipts FIS claims were “legit” involve expenses at strip clubs, lavish hotels and casinos.  Sounds like robbing Peter to pay Paul just backfired on Ocwen and the California Department of Business Oversight and now Ocwen wants its pound of flesh.

And just when everyone thought that Ocwen was a “snake in the grass” when it came to servicing mortgage loans, given the latest spate of bad news confronting it vis a vis three lawsuits from: (1) the CFPB; (2) the Florida Attorney General; and (3) Ocwen shareholders, it appears that Ocwen is trying to shift part of the blame arising from an audit of its services involving California homeowners (“the property owners that Ocwen has allegedly screwed”) under an order from the California Department of Business Oversight (“DBO”, “the government”) to audit Ocwen’s records to insure compliance with the DBO’s Order.   See the 27-page Complaint here:


To compound Ocwen’s problems, 20 states plus the District of Columbia have also informed Ocwen that they will not allow the servicer to take on any new servicing accounts.   Judging from the complaints lodged against Ocwen and its parent, the fault lies in Ocwen’s servicing platform (REALServicing), which would further indicate that Ocwen mortgages need to be individually, fully audited if Ocwen decides it wants to file a complaint to foreclose in Court, as the mortgage servicer, in collecting any alleged debt, could rack up multiple FDCPA violations!

On another note … for those of you who have Ocwen as a servicer … if Ocwen is trying to foreclose on you and you know you haven’t been making your mortgage payments … would it surprise you to learn that as a servicer or sub-servicer, Ocwen has been so kind (without any direct contract from you) as to make your payments for you?

Are you shitting your pants yet?

Perhaps you’d like to read this “electronic transmission” that Ocwen sent to six federal agencies, especially at the bottom of page 2 and the first paragraphs of page 3 (part of a report issued to counsel at Exhibit 29):


Now you seriously don’t think I made this shit up, right?   This is Ron Faris, Ocwen’s CEO writing this stuff!

If Ocwen is making your payments, how then, are you in default?

May I suggest you check into your REMIC’s “Sales and Servicing Agreement” (“SSA”, also discussed in Exhibit 29) to see what conditions Ocwen would make these payments … basically … according to the Exhibit 29, they get to recoup all of those pesky servicing fees they’re tacking on at every whim, to where there’s nothing left for the REMIC after they sell your house!  Another slap at homeowners … part of servicer fraud!

It’s public … so don’t say you weren’t told.

So if Ocwen’s accounting system is that messed up … and it’s taking funds from “other accounts” to pay for delinquent loan payments … wouldn’t it stand to reason that cutting off its new servicing routes would starve the mortgage loan servicer for surplus servicing funds it could continue to use to rip off other homeowners besides those affected.  The dog chasing its tail?   Perhaps.  Eventually, it either gives up or bites itself.  Ouch!

Sadly, our government let’s these folks get away with this, because Exhibit 29 was sent to the government, it has knowledge of what Ocwen is doing.  It’s no wonder Ocwen’s stock tanked.  If I ran a business like Ron Faris does, my stock would tank too! It’s no wonder many of you out there are considering suing Ocwen.  Pretty soon, its legal resources will be depleted and it won’t be able to survive. Hmmm. Gee, what an interesting thought.

Hmmm.  Looks like homeowners are making an impact here.

In our next online FDCPA Webinar, we’re going to look at drafting a sample FDCPA suit against Ocwen!  Doesn’t THAT sound like fun?  Go to the Clouded Titles website to register to attend this online webinar, Thursday, June 15, 2017!


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