Showing posts with label OCN. Show all posts
Showing posts with label OCN. Show all posts

Thursday, 7 August 2014

How Ocwen and Altisource function

The excerpts from Ron Davis' testimony in Sealy Davis vs Ocwen FSB, Deutsche Bank et. al. (2005) provided the court a glimpse of how business processes were set up to push borrowers into foreclosure and to sell more foreclosed homes at Ocwen.

The motive behind designing those processes was the management's greed. Business processes are corporate habits. Since the motivation remains the same, the processes have only changed slightly.

The REO department has been spun off into Altisource, while LRCs remain at Ocwen (now Ocwen Loan Servicing in India). The last I knew collectors were being paid up to INR 100,000 a month as a part of the ICP. REO staff at Altisource were also being rewarded substantially through ICPs. On the other hand when I was involved with foreclosure prevention activities (short sales, deed-in-lieu, refinance) Altisource refused to pay my team and me any incentives. Most Collections/Foreclosure Consultants/REO Asset Management employees would get very low salaries but very high incentives to motivate them to foreclose and sell more foreclosed homes. Transaction Coordinators were also paid substantial incentives so they would get deeds with forged signatures and errors recorded through Premium Title (a subsidiary of Altisource), let RHSS agents like David Judd make important decisions on transactions and allow payment of real estate commissions to Ocwen subsidiaries - RESS and REO Management, LLC.

Here are the key parts of Ron Davis' testimony:

Q.(Mr. Hilliard) Mr. Davis, while you were at Ocwen, would you explain to the jury the type of training that you received in regards to dealing with customers.

A. (Ron Davis) When I first hired into Ocwen, we just hired off the street. We didn't have a training class up yet. The time line I remember,training class was 1998, '99. When we went to Orlando, Florida,from West Palm Beach,their operation there and they had a training class then. That was for collectors.

Q. And while at Ocwen, would you from time to time be given bonuses or extra money that had a particular name?

A. We got ICP programs and then extra money called bumps.

Q. Would you tell the jury what you think a bump is?

A. What I think a bump is?

Q. What you think a bump is.

A. I know what a bump is.

A. A bump is like if you lost your home to foreclosure and we had a broker list to call brokers to buy the home, we would get a bump for that extra money because they bought it. And it's called third party take out. And Ocwen paid us extra for that.

Q. Do you have any information about whether Ocwen would send payments back to customers, reject payments after they requested the payments be sent to them?

A. Yes,we did. Sometimes--

Q. Could you explain that to the jury?

A. Well, the foreclosure department needed a minimum of three payments. If they wanted to send one to us, it was our discretion to take it or send it back. We could put them on foreclosure hold for that one payment and they would send us two more later on or whatever. But we would send it back to them. We looked in the system and seen there was equity in the home,we would reject the payment and it was in foreclosure anyway and there was not time to put them on a forbearance plan,and we sent it back. Or if we didn't receive the payment, got lost or sent back,that's what we did.

......

Q. (MR. HILLIARD) Can you explain to the folks what you meant when you explained to Mr. Madole if there was equity in the house,you would choose not to modify a customer's loan?

A. That's correct. Because if there was equity,and this is based upon all the LRCs, and there's 30 of us,and we would get a bump if it went to foreclosure. We didn't have to do modification. If they didn't come up with payments to put them on forbearance, we would not do that either. We would let it go to foreclosure, get a buyer for the home.

......

Q. Could you explain to the jury what the policy was in regards to representing forbearance as a possibility and foreclosure?

A. Again, our system allowed us to go in there and plug in the numbers for percentages of the house, what the loan to value was,what Ocwen got for the home, or if it was even being serviced by another lender. It was up to us. And we did it to let it go to foreclosure or come up with the money we were asking for, including attorneys' fees and costs for our bumps,extra money in our pocket.

Q. Are you familiar with whether or not there was a policy at Ocwen to make representations that forbearance was a possibility while unbeknownst to the customer proceeding to foreclosure?

A. Yes.

Q. There was a policy?

A. Yes. We had control over the portfolio. We had 250 to 300 customers in our portfolio. We could go in, check everyone out,see which ones had equity, which ones we would put on forbearance or modify. We only had to get an X amount of deals to get our money, big money,up to 10,000 a month for bonus money. And many did.

Q. How much?

A. It's 10,000 a month.

Q. What's the most you made in a month?

A. It was $7600. One month. I was overwhelmed myself.

Q. What was your salary?

A. It was 30,000 in '96.

Q. Go ahead. Finish.

A. So, by not knowing anything,I was off the street and took the position because they offered it to me. I was a collector two years. Before I got that offer, I learned from the rest of them how to do it and what to say. And we didn't treat the people very well but the money was pretty good.

Q. So,during the time that you were there --and were you a manager at some point?

A. Supervisor.

Q. Were you familiar with the prevailing attitude that exited while you were there in regards to misleading customers?

A. Yes. I was trained.

Q. What?

A. I was, like trained by the other managers and employees how to treat the people that's -- the loans we had.

Q. Tell the jury about what you know in that regard.

A. We would call the customers and ask them what bridge they were going to live under or the next cardboard box they would have to cut out,what curb they would be kicked to,because all the belongings in Georgia went to the curb. Hey, I wasn't like that, but I learned to take the money. That was our key,the money. We had never seen the people..

Q. Once you learned how to do it,would you tell these folks how you felt about doing that?

A. I came here for that reason,
kind of like to put myself at ease. I got away from Ocwen, resigned and went to another firm, an attorney firm three hours away to get away from being like I was.

......

Q. Do you have familiarity with that situation, sending checks--telling the customer to start sending a check to a different location.

A. Yes, lockboxes.

Q. What familiarity do you have in that regard?

A. They started out with four different lock boxes in different places. The payments were getting lost. So,they changed the lockbox but the customer wouldn't get the notice before the late charges were assessed. And some went to foreclosure.

.......

Q. Let me ask you that. Were you familiar while you were there with regard to the policy of Ocwen intentionally posting payments late?

A. We posted numerous payments late.

Q. Why?

A. One,the system wouldn't accept them. We had a new program put in and it was rejecting the payments and late charges were added. And then before foreclosure, more fees were added. And that caused a lot of problems.

........

Q. Did folks in your position -- were you called an LRC?

A. Yeah, a loan resolution consultant.

Q. LRC. Did LRCs, while you were there, also get money,kickbacks from brokers?

A. Yes, they did,as well as the REO department.

Q. Would you tell the jury about that?

A. The note that -- the customer would go into foreclosure would come to our department first. We would hear -- if we couldn't put them on a plan or we refused to put them on a plan and refused their monies,and again, if there was equity, it would benefit us. If they went to foreclosure, they would go to other department we knew. And most of those were ex-LRCs. It's called real estate owned, REO. They are the ones who got the extra cash and trips and shared it with us. They were managers as well as -- well, managers, I guess.

......

Q. Let me ask you again. in regard to the question I just asked, was it a policy of Ocwen's to sometimes represent to customers that they could get a forbearance agreement while at the same time secretly move that customer towards foreclosure?

A. Yes.

......

Q. You and your colleagues, things you saw and were permanently aware of, how were your customers viewed?

A. As D&E people. Poor. Not affordable homes.

Q. Why is that significant?

A. There is a portfolio full of equity homes to benefit us for extra money, the bumps and bonuses.

......

Q. And if Sealy Davis -- one of her issues in this case is that she was promised by Ocwen that they could lower her payments,is that a type of promise you have personally made in the past to customers like her?

A. Yes, I did. I would on some of the loans that had no equity --

Q. No. After you said "yes," I have to ask you another question. So, you did that?

A. Yes.

Q. From time to time, did you do it with no intention of fulfilling that promise?

A. Yes, I did. I couldn't find the payments, yes. So they went foreclosure.

......

Q. (Mr. Madole) You said that you personally, Ron Davis, would pick up a phone,call a borrower and say, "I will give you a forbearance plan."  And in your secret heart, you would say, "Ha, ha, no." That's the way you were?

A. That's the way we were.

.....

Q. (Mr. Hilliard) Let me ask you, who is Bill Erbey?

A. He is the owner of Ocwen Federal Bank.

Q. Did you ever attend any meetings with Bill Erbey?

A. Yes. Luncheons we would call it.

Q. During those luncheons did Mr. Erbey ever set out for you his view of how Ocwen should conduct business?

A. Yes. Due to the type of paper, again we're back to the D&E paper that he bought from HUD and other Loan Servicing accounts that these are people that have no money, probably won't have no money to get their houses back out of foreclosure. There are some that have equity which would help build your bonus structure,and that was at the Palm Beach Lake address.

.....

Q. While you were there, did Ocwen from time to time or folks who worked with customers from time to time doctor the comment history log?

A. Yes, we did. We changed the financials a lot.

Q. Explain it to these folks.

A. If the loan had, based on no equity, a lifeless loan, we would call it,we would change it to add more food, more electricity,any expense that would be for the home. If they put down cable,we would tell them we would erase it. That didn't count towards the affordability of their payment. So,we helped them with their financials based on the equity in the home, the amount of equity. That's what we did. 

Q. You mentioned some times you would call a customer how many times a day?

A. The dialer would call the customer. Automated dialer. Put headsets on, it would ring the phone six, seven times a day, because the program wasn't working correctly.  And got OTS complaints from the banking commission and the Attorney General and the consumer people because we harassed them too many times.

Monday, 4 August 2014

Ocwen Altisource Employees - Whistleblower Assistance

Ocwen and Altisource exploited homeowners to earn commissions by force-placing insurance at inflated prices. The insurance company in turn paid commissions to Altisource. These borrowers were already struggling to make payments due to financial difficulties. By increasing their monthly repayments, not reporting their payments on time and adding late payment charges Ocwen effectively pushed them into delinquency, so Altisource could make more money. Then they foreclosed the homes and sold them on HUBZU to earn real estate commissions, escrow and title fees, property preservation fees, closing coordination fees, Buyer's Premium, Web Tech Fees and more.  Ocwen and Altisource share common ownership. They profit from others' misfortune.

Ocwen's Chairman William Erbey locates his companies abroad to evade taxes. Part of real estate commissions earned by selling foreclosed homes were routed to Ocwen subsidiaries headed by William Erbey, Ronald Faris etc. William Shepro has bought numerous properties in CT and FL with the money earned by exploiting homeowners, investors, employees and the government.

The victims have lost their homes. They have had to move. They miss their friends. Their children miss their old schools. Their credit history has been damaged. Life is not the same for them anymore.

Just a few days ago an Altisource vendor tried to lock my friend in her house.

To what extent will you participate in their criminal endeavors?

Act now! Contact whistleblower@cfpb.gov and help protect the vulnerable and assist the victims.

Friday, 1 August 2014

Work continues to pile up at Ocwen

Over 60000 homeowners were waiting for Ocwen to review their HAMP applications as of 05/31/2014.

Ocwen's lower earnings can lead to more problems

Ocwen shareholders and in particular, small investors, experienced significant losses yesterday as the Ocwen (OCN) stock hit a new 52 week low of $30.16 before closing at $30.17. The stock registered a decline of 12.95% in a single day! Small investors and traders who had invested in the OCN stock, in part due to recommendations from various analysts, were severely impacted by the fall.

The Altisource Asset Management Company (AAMC) stock shed 12.39%, Altisource Portfolio (ASPS) lost 8.69% while Altisource Residential (RESI) ended the day 5.73% lower.

The results have been in line with our expectations. We had advised that Altisource (ASPS) are beneficiaries of sweetened deals handed out to them by OCN and AAMC and in return provide poor service to OCN, AAMC, RESI and their customers. So no surprises, then, that ASPS profited at OCN, AAMC and RESI's expense.

Ocwen's slide appears to have only just begun. With lower working capital and higher interest costs, OCN could soon find itself facing newer challenges.

William Erbey rued the fact that Ocwen were being made to adhere to regulatory requirements and advised that this had increased the costs. Ronald Faris made a case for greater CFPB involvement by presenting various statistics that according to him indicated that more homeowners were able to keep their homes since CFPB began monitoring OCN's activities.

In the meanwhile, we are demanding action against William Erbey, Ronald Faris and William Shepro, in addition to other Ocwen and Altisource officials for consciously formulating and engaging in business practices that have adversely impacted homeowners, investors, shareholders, employees and the Government.

If you would like to help, please write to regulatory authorities like the CFPB, Department of Financial Services (New York), your state's Attorney General's office and lawmakers requesting immediate action against these individuals.

Saturday, 10 May 2014

Has the Altisource AMC bubble burst?

The Altisource Asset Management Company stock has fallen by over 25% in the last six trading days. Not long ago a (Hitler) video was posted on YouTube and articles were circulating on the internet referencing that video. The general sense one got from these articles was that it may be a good idea to short AAMC stock and those who did must be pleased with themselves.

However, AAMC's woes run much deeper than their "sweetheart deals" with Residential (RESI). They depend on Ocwen and Altisource (ASPS) for too many things. I have provided evidence to suggest that Ocwen and Altisource function in a manner that benefits them at the cost of investors. It is impossible, then, that AAMC and RESI benefit using the same staff and approach.

The relationships which were meant to benefit AAMC will now begin to haunt them. ASPS will take AAMC and RESI down along with Ocwen. Hiring Shrek or any other fairytale character may not help much. Buddha taught that the intent is most important and AAMC-RESI set out with the intention of evicting people from their homes.

Ocwen are a menace to society. They push borrowers towards foreclosure by adding additional costs and not appropriately dealing with loss mitigation requests. Altisource provide to Ocwen malfunctioning software and an inefficient mechanism to deal with short sale requests. They are both deliberately designed in a manner that they increase foreclosures. The foreclosed properties are sold through Altisource who also earn listing commissions, Buyer's Premium, title and escrow fees, web tech fees, property preservation fees and more. This helps people like William Erbey and Ronald Faris make more money.

The investors however don't benefit from all this. Altisource sell properties at low prices due to a business-illiterate Asset Management team and remotely-located in-house real estate agents. As if that was not enough they are ably assisted by PPI (who damage properties more than preserving them), Asset/Title Resolution (who hope issues get resolved by themselves), HOA Coordination (who cannot identify HOAs) and Premium Title (who have been certified the worst escrow/title ever by at least 80% of the homebuyers who had the misfortune of dealing with them). It is a deliberately flawed system that benefits many individually but not investors, not homeowners, not homebuyers (unless you take into account companies like California Kingdom Builders who are provided "attractive" deals).

With increased regulatory scrutiny on Ocwen, it will be challenging for AAMC-RESI to get properties foreclosed. Altisource's high quality global workforce will make it challenging for them to successfully complete alternatives like deed-in-lieu. Altisource will hinder information gathering and delay resolutions. With Premium Title in the picture, it can get worse.

Ocwen stock is at its 52 week low. They missed earnings estimates. They blamed increased regulatory scrutiny for lower earnings.

AAMC-RESI obtain funds from institutions like Credit Suisse who are being investigated for money laundering. I have already mentioned that the flow of funds to and out of Ocwen subsidiaries (like Blue Valley Apartments, RESS etc.) must be investigated. Real estate transactions are an attractive option for money laundering and channelizing "unearned" fees.

Investors should avoid Ocwen-Altisource and look for better opportunities elsewhere in the market. The going will be very tough for all these companies. Sooner or later government agencies will act against these companies.

(The author has never traded in OCN, HLSS, ASPS, RESI and AAMC shares.)

Tuesday, 4 March 2014

Bill Erbey's Grand Designs

He sets up his companies at locations like Luxembourg, US Virgin Islands and Bermuda so they can save on taxes. He sets up companies like Altisource whose fortune depends on others' misfortune. Ocwen and Altisource Chairman, William Erbey, represents everything that is bad about our society today.

At a time when his country was struggling to deal with a recession that was brought about by a subprime mortgage crisis, Erbey found ways to contribute as little as possible to the government. Not only did he set up his companies at tax havens, he, in fact designed lines of businesses that seek to profit from his countrymen's misfortunes. Erbey champions a society that's driven by greed.

Twenty-six of the most powerful American corporations – such as Boeing, General Electric, and Verizon – paid no federal income tax from 2008 to 2012, according to a new report, conducted by public advocacy group Citizens for Tax Justice (CTJ), detailing how Fortune 500 companies exploit tax breaks and loopholes.

According to Cahir O'Doherty, " Everything connects: the bonanza being enjoyed by America’s super-rich is directly related to the drop in their tax rates - and as they prosper the public purse empties, so the nation faces devastating budget squeezes and the slashing of vital public services for the middle class and the poor.

Of course money doesn't grow on trees, but nor does it trickle down from rich men's pockets. But paying taxes is an obligation of citizenship, or it once was. If the rich want to escape their obligations to this nation or take their money abroad the better to hide it they should also lose their right to call themselves American citizens."

Bill Erbey's companies, Ocwen Financial Corporation (OCN) and Altisource Portfolio Solutions (ASPS), first induce default and push borrowers towards foreclosure then sell these foreclosed homes through their website HUBZU.com to earn Buyer's Premium, Listing Commissions, Title and Escrow Fees, Property Preservation Fees, Web Technology Fees, Closing Coordination Fees and more! In what is a direct conflict of interest between Ocwen's investors and Altisource, Altisource execute real estate purchase contracts on behalf of Ocwen paying themselves Title insurance and related search fees (to Premium Title, an Altisource company), Property Preservation Fees, Closing Coordination Fees etc.

Altisource Residential (RESI) intend to acquire single family residential homes, renovate them and rent them out. Only they don't buy any properties. They buy non-performing loans. Altisource Asset Management Company (AAMC) acquires and manages nonperforming loans on behalf of Altisource Residential (RESI). A majority of these will end up being foreclosed so they can be rented out or sold through HUBZU.com for a profit! Add to that the fees they will earn... more money! They clearly have vested interests in foreclosing homes!

Real estate agents are losing their inventory to Altisource who also function as a listing agency through their unit Real Home Servicing and Solutions. Title insurance revenues are being driven to NewSource, a company which has no employees! AAMC own 100% of shares with voting rights of NewSource and RESI own 100% of non-voting right shares. NewSource pay Altisource (ASPS) a performance fee of 90% of the net income after paying out a preferred dividend of 12% to RESI.

People have been pushed into defaulting by Ocwen who put unauthorized insurance fees and other charges depleting ordinary, unsuspecting people's escrow balance and making their monthly mortgage repayments unaffordable. Ocwen are notorious for not applying payments on time and then asking for late fees.  According to the data made available by the Departments of Treasury and Housing and Urban Development, Ocwen approved 23% of the modifications they processed under HAMP since the program's inception. Compare this with Bank of America's 44%, CitiMortgage's 43% and Wells Fargo's 35%. So they are not exactly pushing loan mods, neither are they pushing short sales. They are just looking to foreclose so Altisource can profit! Borrowers are being subjected to a nightmare.

How will we heal the wounds of the people who have suffered at the hands of Bill Erbey and his companies?

(The author, Saurabh Singh, is a student of the Buddhist monk Thich Nhat Hanh. He is a Foreclosure Prevention Activist and a vegan. He is also a member of People for Ethical Treatment of Animals(India), Consumer Advocates in American Real Estate, UNITES Professionals and supports various charitable causes and crowdfunding.)