This may be long and Iâ??m sorry. This matter regards our mortage company (Ocwen Financial). We we current on all payments up until December of 2003. We mailed in our January 04 payment. Once I realized the check was going to bounce (NSF) or had bounced, I immediately went to their website and did an electronic payment and received a confirmation number. This would have us paid current through January 04. Even after the January mortgage electronic payment cleared, they re-submitted the bounced check a second time; they ran the check through the back again. JANUARY 29TH Once I seen this on my online banking screen (BofA), seeing that it was going to clear (or NOT clear) that night I called Ocwen and told them what had happened â?? that they were attempting to run my check through again of which I already paid. The guy said call my bank and see if they will be honoring the check even though there wasnâ??t going to be enough funds in there. On a few occassions our bank honored checks and just charged us an NSF fee. Not mortgage checks but others once or twice. The bank said they werenâ??t sure if they would or not. I called Ocwen back and the guy asked if he wanted me to have them send me a â??refundâ?? check (since I basically double-paid for January â?? the electronic payment and this check). I told him no because the check heâ??s trying to run though again probably is going to bounce or come back to them as NSF again. He said if they (BofA) do honor it they will just use that as my February payment. I said no. We had other things that were set to clear the bank and if I allowed them to do that, those other things would start bouncing because of this other mortgage check. (Like a lot of folks we live paycheck to paycheck) He said that if I donâ??t request a refund check by tomorrow (January 30th) there would be nothing they could do because it would be February. I reluctantly said ok send the check. Here is where I get a little confused on the matter. JANUARY 30TH But basically, I was on the phone with Ocwen on Friday the 30 and remember talking a supervisor who informed me that if they were to send a check it would take about 10-14 days. I told them forget it. Do NOT send me a â??refundâ?? check for the second payment â?? which turned out to NSF again. BUT bottom line is this: We made check payments for every month last year. I have the cancelled checks. The January 04 payment I have a confirmation number from their website. So we are current on our mortgage. I get a call today from Ocwen informing me that we owe our January payment AND THAT THEY HAVE NOTIFIED THE CREDIT REPORTING AGENCIES that we are past due. After explaining the NSF check deal and the electronic payment to make up for it she says weâ??re still behind on our payments. I said how can that be? She then says, â??would you like to make a payment over the phone?â? I said â??FOR WHAT?â? â??For your January payment.â? I told her we already made that payment electronically and here is the confirmation number. She then explains that they sent out that refund check on the 29th so bascially we hadnâ??t paid our January rent yet. I said I told them NOT to send that check out when I talked to them on the 30 because the supervisor said it would take 10-14 days if they sent me out a check! I asked her if they could just put a stop payment on that check. She said no that they canâ??t do that. She said I authorized them to send me a check on the 29th. She explains that itâ??s all in the phone log. I said yes I did but when I talked to them on the 30th they told me in order to send the check it would be 10-14 days so I told them NOT to send me the check. She said it doesnâ??t say that here. All it says is I told them to send me a check. I told her to KEEP reading the log for the second phone call. She reluctantly did and noticed where I said NOT to send the check. She puts me on hold again to talk to her supervisor I assume. She said she will call Accounting and see if they can put a stop payment on that check. That bascially we would be paid up and the next payment due would be for February. Great but I said I donâ??t really care about that as much as I care about them reporting something false to the CRA. She said she would call me back. She called â?? left message â?? I called her back. She said the check is in the mail, we still owe for January, they canâ??t put a stop payment on the check â?? and since I told them to send me a refund check on the 29th, for all intense and purposes they are right â?? they cannot reverse any negative information being sent to the CRA. Iâ??ve hope you made it this far. PLEASE HELP. Do I have any ground to stand on here? I told her that when that check comes I will write void on it and send it back. So bascially paying them my January payment with their check. Then make my normal February payment. She said they wonâ??t take it because itâ??s made out to me even if VOID is written on it. I tried to explain that if I get the check in 10-14 days and deposit it with the 5 day hold from my bank, by the time I make my Feb payment they will use that as my Jan payment then by the time I make that Jan payment which will be my Feb AAARGHHHHHHHHHHHHHHHHHHHHHHHHHH!!! 1) Should I write void on the check and send it back or cash it and wait it out and then when their check clears, write them another check? 2) Should I sue them for putting a baddie on my credit reports when I have documentation that my mortgage payments are up to date? Any help or sugestions would be greatful. Any questions you may have I will be glad to answer. Signed - Bumming In AZ
Was the last lady you spoke with a Manager or just the person who answered the phone? You need to get on the phone and push this as high up as possible.
first of all, if they resubmitted after you paid electronically, they owe you for any NSF charges. secondly, since they should not have sent you the check I would simply return the check with a letter explaining you were not due a refund. in that letter i would be as explicit as possible that they had better not report it as a late payment to your credit report. before doing that, i would call and find out a name and title of the person you should send it to. send it return receipt.
Ok, I will give my two cents. I haven't been around for awhile but here is my opinion. I work for a HUGE mortgage servicer of B-C Paper We service B-C paper. We transfer TONS of loans to Ocwen, Fairbanks, Wilshire, ect. Ocwen is in BIG trouble right now, so you should be ok. The regulators are crawling up their a** with a fine tooth comb They are the next target after Fairbanks Capitol. As a matter of fact, we are cleaning our act so we don't get targeted like the other sub prime companies. Anyway, with b-c paper they have the dialers working overtime especially this time of year. Collectors tell people all kinds of things, u would be surprised. I take escalations from customers such as yourself all day long. I know we will submit a check as many times as the bank will allow. Sometimes is more than 2 times. My suggestion is to call and immediatley escalate to a supervisor. When you escalate, be very nice. Don't yell or swear, as they will turn a deaf ear. Explain your situation, get their name, and extension if you can. Some won't give it, I know I don't usually. If they give you their extension, they will do what you need them to do. If all else fails, THREATEN and follow thru with reporting them to the state bank regulators. Sub prime companies are scared to death of that. Because if they start auditing there is no telling what they will find. Most are trying to clean up their acts, but make no doubt they're in fee business just like the sub-prime credit card companies.
You should be ok on this Broncsboi. Whatever you do DO NOT cash that check. Doing so signifies your tacit agreement to be late for January. Go read this thread; http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=405048#post405048 You've already done most of it. Just copy what you've done here, and insert dates, names and whatever else you have.. If/when you get this check do as TS suggested and attach a copy of your complaint, write "refused" on the check, make a photo copy of EVERYTHING, and send it all back, CRRR. I think anything that has to do with Mortgages or HELOCS are governed by RESPA. (Course that might just be for paying it all off. Jenz and TS would know more). TITLE 12--BANKS AND BANKING CHAPTER 27--REAL ESTATE SETTLEMENT PROCEDURES ACT The agency that regulates RESPA is HUD. Here's their site. http://www.hud.gov/offices/hsg/sfh/res/respa_st.cfm
UPDATE: Received Ocwen's check in the mail this weekend. The check was dated "February 02, 2004." This is three days AFTER I told them not to send the check. Postmark on the envelope is also 2/2/04. They better not screw with my CRA scores! I plan on sending the check back uncashed tomorrow. Any other ideas?
Call them and tell them you're sending the check back, unchashed. Ask to speak with a supervisor. They can change a credit report real time, don't let them tell you any different, if they reported you late to the bureau. Be firm but nice. You shouldn't have a problem. They can look at your account and see what happened. I do it all the time. If see an account and there is an error, I fix the error and amend a credit report real time. The update is done immediately If they refuse, COMPLAIN! Someone will do it. I don't see how they can't when they can look at the account and see what happened.
Well the check came in the mail on Saturday. It was dated 2/04/04. Nice, since I told them on 1/30 NOT to send it. I'll be sending the check back today with my complaint. I'll also keep a close eye on my CRs and if I see them on there, the sh*t is going to hit the fan.
Should I write void on the check and send it back or cash it and wait it out and then when their check clears, write them another check? broncsboi ><- <>- ><- <> Neither.Just sit on it as if you never got it. At some point they are going to need the canceled check to prove they paid it don't give it to them.
I never cash or send back a check in situations like this, gives them a chance to pull monkey business. The best defense against such shenanigans is to keep the check and not cash it. This way they can't pull any funny stuff with it. ><- <>- ><- <>
I wouldn't play that game. I think ts766 gave you some good advice, and you should follow it. If you sit on the check, are you REALLY prepared to commit perjury if it ever went to court? Like swearing that you never got a check? Send it back, CRRR with the letter suggested. Follow up (or call first) and deal up the chain as ts suggested.
If you really want to track your dates, make copies of everything. When you send it to them, CRRR, send a copy to yourself, certified or registered. When you get your copy (from yourself) DON'T OPEN IT. Attach your copies to the UNOPENED letter. If it ever goes to court, you can present the unopened one you sent to yourself, and an officer of the court can open it. They can then attest to the fact that the contents are indeed what you have on the outside. This just proves that the letter and copies you have did indeed exist on the date that you mailed them, since YOUR COPY WAS NEVER OPENED, so therefore it couldn't be tampered with. On second thought, your copy needs to be REGISTERED, not certified. If it's registered, the post office must stamp every seam on the letter, so it proves it was never opened and therefore no one ever tampered with it. And you can sleep at night knowing that you didn't commit perjury, and they can sweat trying to prove their case. You're going to have the green card from their copy, so you'll know and can prove that they got it. If you want, get a notary to watch you seal their envelope and sign a document that what you mailed to them was the same as is in your registered envelope.
If you sit on the check, are you REALLY prepared to commit perjury if it ever went to court? Like swearing that you never got a check? Hedwig And you can sleep at night knowing that you didn't commit perjury, Hedwig ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- NO perjury involved. There is no law that says I have to accept / cash a check. If they can't prove they paid me by producing a canceled check they owe for it. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
If you sit on the check, are you REALLY prepared to commit perjury if it ever went to court? Like swearing that you never got a check? Hedwig And you can sleep at night knowing that you didn't commit perjury, Hedwig ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- NO perjury involved. There is no law that says I have to accept / cash a check. If they can't prove they paid me by producing a canceled check they owe for it. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
