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Miisstt12

Possible mortgage fraud? Help needed.

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I am not sure if this is the right place to post. My apologies in advance.

My ex husband seems to have taken out a new mortgage through ocwen. 6 months ago. He also removed my name off the water bill. I am still on the deed and on the property taxes. I am even authorized on the mortgage. Although only as a co-owner. They sent me the mortgage statement. 

 

How is this possible if I have not signed anything?  Wouldn’t the bank require me to sign something? 

 

Is it possible it is the old mortgage that has been bought by ocwen? And my old authorizations were grandfathered in?

 

My ex husband drove me out of the home using domestic violence. Even after divorcing he continued harassing me. So forcing him to sell was not possible for me.  According to the divorce agreement we were supposed to sell the house and split the proceeds 50/50.  

Also the house was in foreclosure 3 times and halted three time by him filing for bankruptcy. I never knew the home was in foreclosure because he hired an attorney who accepted service of documents on my behalf. (I just recently discovered this)

 

I am just baffled, I spoke to a divorce attorney and all she wants to do is force the sale of the house and she said it would be a long process. I am worried that I need to act sooner rather than later.

However I am wondering if he has forged documents?  

thanks for any insights and let me know if you think this belongs in a different forum. 

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I can’t Answer it all but mortgages change servicers all the time especially when in or have a history of default. Therefore it’s very possible the servicing was sold to Ocwen. In that case nothing would have changed on the loan/ownership.

If I wasn’t living in the house I would be happy to be taken off the utilities.

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14 hours ago, Miisstt12 said:

My ex husband drove me out of the home using domestic violence. Even after divorcing he continued harassing me. So forcing him to sell was not possible for me.  According to the divorce agreement we were supposed to sell the house and split the proceeds 50/50

Have you taken the SOB to court to enforce this? If this was in your adjudicated divorce decree and he has yet to fulfill his end of the bargain, a judge would be glad to throw him in jail for a while. You can force him to sell and be done with him. Short of hiring a hitman or having some of your tougher relatives waterboard him, that's your best solution.

 

I think your divorce attorney is giving you good advice. Force the sale of the home and you'll be done with him. The process would be that you would evict the SOB from the house then sell it. If there is any equity in the house, you'll have to split it, minus the costs of the sale. If he still doesn't cooperate I think your attorney could motion the court to force an auction.

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“Have you taken the SOB to court to enforce this? If this was in your adjudicated divorce decree and he has yet to fulfill his end of the bargain, a judge would be glad to throw him in jail for a while. You can force him to sell and be done with him. Short of hiring a hitman or having some of your tougher relatives waterboard him, that's your best solution.

 

I think your divorce attorney is giving you good advice. Force the sale of the home and you'll be done with him. The process would be that you would evict the SOB from the house then sell it. If there is any equity in the house, you'll have to split it, minus the costs of the sale. If he still doesn't cooperate I think your attorney could motion the court to force an auction.”

 

reply: i am weighing my odds between going back to court through the attorney, she wants to modify the divorce. Or filing a motion of contempt of divorce myself (pro se) Doing it myself  is quicker and I would eliminate the middle man. However I am sure he will hire an entire and fight this out.

 

Using an attorney would be longer and she does not want to have him evicted. She says too many years have past. I am really concerned about the fraud he has done throughout the years though. It seems to be a relevant issue. She is looking to have a negotiation with him. I don’t think anyone realizes or cares that he will burn the house down rather than cooperate. I definitely think he needs to be evicted especially since he just took out a mortgage. My worry is, did the bank require a quit claim deed ? The last time I signed mortgage docs was in 2003. I do not believe I was required to sign a quitclaim deed. Ugh! Thank you for your encouragement and I totally agree with you. He needs to be evicted!

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24 minutes ago, Miisstt12 said:

i am weighing my odds between going back to court through the attorney, she wants to modify the divorce. Or filing a motion of contempt of divorce myself (pro se) Doing it myself  is quicker and I would eliminate the middle man. However I am sure he will hire an entire and fight this out.

 

Using an attorney would be longer and she does not want to have him evicted. She says too many years have past. I am really concerned about the fraud he has done throughout the years though. It seems to be a relevant issue. She is looking to have a negotiation with him. I don’t think anyone realizes or cares that he will burn the house down rather than cooperate. I definitely think he needs to be evicted especially since he just took out a mortgage. My worry is, did the bank require a quit claim deed ? The last time I signed mortgage docs was in 2003. I do not believe I was required to sign a quitclaim deed. Ugh! Thank you for your encouragement and I totally agree with you. He needs to be evicted!

If he burns the house down, he will go to prison for a long time for arson. He won't be the first vindictive X or troubled debtor to commit arson, and he would be the prime suspect if it did burn down. I agree with Tiggerlgh, I don't think your X took out a new mortgage. If your name is on the deed, he would have to have you there to sign for the note. I think the mortgage that was already in place was sold to Ocwen. Utility companies don't care whose name is on the account as long as someone pays the bill.

 

A mortgage is a public record document. If your X did take out a new mortgage, you can go to the county's hall of records or land records (here it's the County Recorder's office) and find out what mortgages are on your property. The info might even be available online.

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1 hour ago, Miisstt12 said:

reply: i am weighing my odds between going back to court through the attorney, she wants to modify the divorce. Or filing a motion of contempt of divorce myself (pro se) Doing it myself  is quicker and I would eliminate the middle man. However I am sure he will hire an entire and fight this out.

 

Using an attorney would be longer and she does not want to have him evicted. She says too many years have past. I am really concerned about the fraud he has done throughout the years though. It seems to be a relevant issue. She is looking to have a negotiation with him. I don’t think anyone realizes or cares that he will burn the house down rather than cooperate. I definitely think he needs to be evicted especially since he just took out a mortgage. My worry is, did the bank require a quit claim deed ? The last time I signed mortgage docs was in 2003. I do not believe I was required to sign a quitclaim deed. Ugh! Thank you for your encouragement and I totally agree with you. He needs to be evicted!

Using an attorney carries a greater likelihood of things being done PROPERLY in addition to the fact that it means you are not having to deal directly with him.  If you file pro se, then he could, in theory, decide to represent himself AND this then gives him the right to come to your residence to effect service of documents when it comes time for counsel to serve a copy upon opposing counsel.  Unless you are skilled in family law, then do it right and use the resources that competent local counsel affords you...and given the claim of prior domestic violence, a local shelter or women's group can very likely point you in the direction of someone who does this sort of work either pro bono or at a reduced cost.  Many attorneys do such work for a number of reasons beyond just being able to list pro bono hours on an annual summary to the State Bar...

 

Ocwen is noted for acquiring servicing rights to a mortgage.  Thus it is essential to confirm that this is actually a new mortgage.  If it IS a new mortgage, then there may be a basis upon which to pursue a legal claim related to identity theft and other charges to be determined by the local prosecutors (or even federal given the assertions related to bank fraud). 

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3 hours ago, centex said:

Using an attorney carries a greater likelihood of things being done PROPERLY in addition to the fact that it means you are not having to deal directly with him.  If you file pro se, then he could, in theory, decide to represent himself AND this then gives him the right to come to your residence to effect service of documents when it comes time for counsel to serve a copy upon opposing counsel.  Unless you are skilled in family law, then do it right and use the resources that competent local counsel affords you...and given the claim of prior domestic violence, a local shelter or women's group can very likely point you in the direction of someone who does this sort of work either pro bono or at a reduced cost.  Many attorneys do such work for a number of reasons beyond just being able to list pro bono hours on an annual summary to the State Bar...

 

Ocwen is noted for acquiring servicing rights to a mortgage.  Thus it is essential to confirm that this is actually a new mortgage.  If it IS a new mortgage, then there may be a basis upon which to pursue a legal claim related to identity theft and other charges to be determined by the local prosecutors (or even federal given the assertions related to bank fraud). 

Thank you for your advice and support. I really appreciate it. I agree an attorney is the way to go. I will shop around and see if all the other attorneys agree on the same approach. I would rather ask for exclusive use of the home to sell and get denied by the judge then simply just try to sell a house with an uncooperative person. That can take forever.  It seems the most direct might be best. But I am not a professional at all. 

 

This is what I found out today: The mortgage is an old mortgage signed in 2005. However tocwen has a 2010 date listed on their face page of the mortgage note.  According to the note they provided me it was for 235,000. The original lender is no longer around. The ocwen loan is only for 107,000 so I am not sure how the balance went so low. Yet the mortgage note is for more. Very confusing. 

 

 

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4 hours ago, IndyPoolPlayer said:

If he burns the house down, he will go to prison for a long time for arson. He won't be the first vindictive X or troubled debtor to commit arson, and he would be the prime suspect if it did burn down. I agree with Tiggerlgh, I don't think your X took out a new mortgage. If your name is on the deed, he would have to have you there to sign for the note. I think the mortgage that was already in place was sold to Ocwen. Utility companies don't care whose name is on the account as long as someone pays the bill.

 

A mortgage is a public record document. If your X did take out a new mortgage, you can go to the county's hall of records or land records (here it's the County Recorder's office) and find out what mortgages are on your property. The info might even be available online.

First of all thank you. I have been so confused and stressed this information is very helpful. Just wanted to update: it seems like it is not a new mortgage but that ocwen is servicing an old mortgage from 2005. The amounts from the old mortgage do not match what ocwen has the loan for. I have no idea about the discrepancy. The loan with ocwen is listed in the county recorder from May of 2018. I am still digging. I don’t plan on waiting to take action on this either. I cannot leave this open ended its too much of a liability.

really appreciate the encouragement and advice! Thanks!

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18 hours ago, tiggerlgh said:

I can’t Answer it all but mortgages change servicers all the time especially when in or have a history of default. Therefore it’s very possible the servicing was sold to Ocwen. In that case nothing would have changed on the loan/ownership.

If I wasn’t living in the house I would be happy to be taken off the utilities.
 

That’s a great point! You were right ocwen is servicing the loan. There is some bizarre discrepancy about the amounts owed and I am still researching. I am shocked at how disorganized the mortgage companies are. The documents they sent me were barely legible. I can hardly make out the dates.  I am really grateful to everyone on this board for the help. I had no idea what was going on. You guys are good!

Edited by Miisstt12
Grammar.

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20 minutes ago, Miisstt12 said:

First of all thank you. I have been so confused and stressed this information is very helpful. Just wanted to update: it seems like it is not a new mortgage but that ocwen is servicing an old mortgage from 2005. The amounts from the old mortgage do not match what ocwen has the loan for. I have no idea about the discrepancy. The loan with ocwen is listed in the county recorder from May of 2018. I am still digging. I don’t plan on waiting to take action on this either. I cannot leave this open ended its too much of a liability.

really appreciate the encouragement and advice! Thanks!

That makes perfect sense. Ocwen typically buys servicing rights to mortgages. The amounts is what the mortgage was taken out for, and what you're seeing from Ocwen is likely after whats been paid down on the house over the past 14 years, which is about half of a total mortgage.

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21 minutes ago, IndyPoolPlayer said:

That makes perfect sense. Ocwen typically buys servicing rights to mortgages. The amounts is what the mortgage was taken out for, and what you're seeing from Ocwen is likely after whats been paid down on the house over the past 14 years, which is about half of a total mortgage.

How did not realize that? (Facepalm) you are right. 

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