Ocwen Loan Servicing, LLC Foreclosure Defense Lawyer

Ocwen Loan Servicing, LLC, is a company that offers many services including investor accounting, collections, property disposition, and foreclosure. The company services unsecured loans and securities, as well as mortgage-backed securities. Ocwen Loan Servicing is a subsidiary of Ocwen Financial Corp. and was established in 1989. The company is based in West Palm Beach, Florida, but it does business throughout the entire country.

Like other mortgage servicing companies, Ocwen Loan Servicing, LLC has tried to wrongfully foreclose on many homeowners in the past. They often use illegal tactics and these can serve as a defense if Ocwen has threatened to foreclose on your home. Below, one of our Fort Lauderdale foreclosure defense lawyers outlines the strategies that may work in your case.

Ocwen Loan Servicing, LLC May Not Own Your Mortgage

Foreclosures in Florida are subject to a judicial process. This means that when companies such as Ocwen Loan Servicing want to foreclose on your home, they must file a lawsuit against you. After filing the lawsuit, companies must prove that they have standing to sue you. Standing in a lawsuit means that the plaintiff, or party who filed the suit, has something to win or lose in the case.

It is easy to assume that if Ocwen Loan Servicing has filed a lawsuit against you, they have standing. It is dangerous to make this assumption, as it is often not true. In the case of mortgage servicers, which Ocwen Loan Servicing is, this is particularly true.

Ocwen Loan Servicing, and other mortgage servicers like it, often buy mortgage loans from other banks and financial institutions. The mortgage loans are typically bundled together and sold as a package. It is not uncommon for these mortgage loans to change hands multiple times before a company such as Ocwen Loan Servicing buys such a bundle of loans.

As packaged mortgage loans are purchased by company after company, important documents commonly get misplaced, lost, or destroyed. Deeds are one type of important documentation that gets lost. The company must have the deed to proceed with a lawsuit, as this document stipulates that the home is collateral if you default on your loan.

One of the most important steps to take after being notified that Ocwen Loan Servicing has started foreclosure proceedings is to force them to prove that they own the loan. If the company cannot produce all of the important documents that prove they own your mortgage, they do not have standing and cannot continue with foreclosure proceedings. Even if the company can produce the documents, it is important to work with a foreclosure defense lawyer who can prove that they are legitimate. Some companies have been known to forge these documents in the past.

If Ocwen Loan Servicing has sent you notice of foreclosure, it is just as important that you do not ignore it. If you fail to respond to the notice within a certain period, the company may try to obtain a default judgment against you. If they are successful, Ocwen Loan Servicing can move forward with the foreclosure and you will not have an opportunity to defend yourself. After speaking to a lawyer, they can advise on the next steps to take and how to respond to the complaint.

A Violation of the FDCPA is a Foreclosure Defense

Debt collectors, including mortgage servicers such as Ocwen Loan Servicing, are bound by the laws within the Fair Debt Collection Practices Act (FDCPA). The Act includes many laws, but there are some that debt collectors violate more often than others. These include:

• Calling a homeowner’s job or home: Debt collectors do have the right to contact you at either your place of employment or while you are at home. However, you also have the right to tell debt collectors that you do not want to be contacted at your home or job. You do not have to tell them this in writing. Debt collectors are also prohibited from telling your employer the nature of the call.
• Contacting borrowers outside of certain hours: Mortgage servicing companies cannot contact you after 8:00 in the morning or after 9:00 at night. This is considered harassment and debt collectors cannot engage in it. The only exception to this is if you have agreed to speak to Ocwen Loan Servicing outside of these times.
• Confidentiality: Just as loan servicers can contact you at your place of employment, they can also contact family members, friends, and neighbors if they do not have your contact information. Also like your employer, though, the debt collector cannot inform these third parties about the nature of the call.
• Use of language: Debt collectors are not allowed to represent themselves as a lawyer if they are not, and they cannot threaten to file a lawsuit against you if they do not have the intention of doing so.
• Debt validation: Loan servicers must always validate the debt they are trying to collect. This means they must tell you exactly how much you owe, the name of the company that originally owned the loan, and the contact information for that company.

The above are just a few of the laws included within the FDCPA. If Ocwen Loan Servicing has violated any of them, you may be able to file a counter-lawsuit against the company. If you are successful with your lawsuit, you may be able to claim up to $1,000 in statutory damages, as well as compensation for any actual loss you suffered.

Our Foreclosure Defense Lawyers in Fort Lauderdale Can Fight Back Against Ocwen Loan Servicing

At Loan Lawyers, our Florida foreclosure defense lawyers have the necessary experience to go up against Ocwen Loan Servicing on your behalf. We will ensure the company has not violated your rights, and prepare the defense strategy you need to potentially help you keep your home. Call us now at (954) 523-4357 or fill out our online form to request a free review of your case and to get more information.