Acceleration

Ocwen and CFPB’s Failed Mediation is Merely a Delay Tactic

Ocwen’s staged failed settlement related to the lawsuit filed by the CFPB in 2017 against the $3 billion dollar admonished mortgage servicer.

LIT COMMENTARY

Ocwen’s counsel at Goodwin Law are rogues. CFPB’s counsel are the same. They work together to cut deals where the public are falsely led to believe the government watchdog is protecting their interests. That would be fake news.

Recent events in the Burke’s attempts to intervene has shown it’s rotten all around, right up to the Court of Appeals for the Eleventh Circuit. If you want to read the case and background, we suggest you start at the beginning, as documented by LIT.

The matter is far from conclusion, there’s a lot of dirty laundry to be cleaned up. Judge Ken “Magic” Marra is the remaining immediate stumbling block – who should have retired in January but they don’t know what to do as the Burke’s are lurking. LIT will keep  y’all updated on this as matters progress.

LIT UPDATE(S)

Friday, Feb 19, 2021

It’s eerily quiet on the docket. Nothing to report of material concern.

Ocwen Financial Comments on Conclusion of Failed Mediation With the Consumer Financial Protection Bureau

Source: Ocwen Financial Corp.

WEST PALM BEACH, Fla., Jan. 06, 2021 (GLOBE NEWSWIRE) — Ocwen Financial Corporation (NYSE: OCN) (“Ocwen” or the “Company”), a leading non-bank mortgage servicer and originator, today issued the following statement in response to the mediator’s notice that the Company’s court-ordered mediation with the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) had concluded. The parties were unable to reach a settlement related to the lawsuit filed by the CFPB in 2017 against the Company regarding certain legacy servicing activities.

“We are disappointed that settlement discussions with the CFPB did not resolve this matter, in particular since we have resolved all state regulatory actions filed against Ocwen in April 2017, most recently through a settlement reached with the State of Florida in October 2020. We engaged with the Bureau in good faith throughout the course of mediation and numerous related discussions and took all actions in an attempt to reach a fair and reasonable resolution. We remain steadfast in our belief that the CFPB’s claims regarding Ocwen’s past servicing practices are unsubstantiated and the Bureau’s settlement demands do not reflect the merits of this case. While we remain committed to attempting to resolve this matter prior to trial, our pending motion for summary judgment filed on June 5, 2020 supports our position on this matter, and we will continue to vigorously defend ourselves going forward.”

The Company increased its legal and regulatory accrual related to the CFPB matter by $13.1 million in the fourth quarter of 2020 resulting from its efforts to resolve the matter in mediation.

About Ocwen Financial Corporation

Ocwen Financial Corporation (NYSE: OCN) is a leading non-bank mortgage servicer and originator providing solutions through its primary brands, PHH Mortgage and Liberty Reverse Mortgage. PHH Mortgage is one of the largest servicers in the country, focused on delivering a variety of servicing and lending programs. Liberty is one of the nation’s largest reverse mortgage lenders dedicated to education and providing loans that help customers meet their personal and financial needs. We are headquartered in West Palm Beach, Florida, with offices in the United States and the U.S. Virgin Islands and operations in India and the Philippines, and have been serving our customers since 1988. For additional information, please visit our website (www.ocwen.com).

Forward-Looking Statements

This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements may be identified by a reference to a future period or by the use of forward-looking terminology. Forward-looking statements are typically identified by words such as “expect”, “believe”, “foresee”, “anticipate”, “intend”, “estimate”, “goal”, “strategy”, “plan” “target” and “project” or conditional verbs such as “will”, “may”, “should”, “could” or “would” or the negative of these terms, although not all forward-looking statements contain these words. Forward-looking statements by their nature address matters that are, to different degrees, uncertain. We are in the midst of a period of capital markets volatility and experiencing significant changes within the mortgage lending and servicing ecosystem which have magnified such uncertainties. Readers should bear these factors in mind when considering such statements and should not place undue reliance on such statements.

Forward-looking statements involve a number of assumptions, risks and uncertainties that could cause actual results to differ materially. In the past, actual results have differed from those suggested by forward looking statements and this may happen again. Important factors that could cause actual results to differ materially from those suggested by the forward-looking statements include, but are not limited to, uncertainty relating to the future impacts of the COVID-19 pandemic, including with respect to the response of the U.S. government, state governments, the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac, and together with Fannie Mae, the GSEs), the Government National Mortgage Association (Ginnie Mae) and regulators, as well as the potential for ongoing disruption in the financial markets and in commercial activity generally, increased unemployment, and other financial difficulties facing our borrowers; impacts on our operations resulting from employee illness, social distancing measures and our shift to greater utilization of remote work arrangements; the adequacy of our financial resources, including our sources of liquidity and ability to sell, fund and recover servicing advances, forward and reverse whole loans, and HECM and forward loan buyouts and put backs, as well as repay, renew and extend borrowings, borrow additional amounts as and when required, meet our MSR or other asset investment objectives and comply with our debt agreements, including the financial and other covenants contained in them; increased servicing costs based on increased borrower delinquency levels or other factors; our ability to collect anticipated tax refunds, including on the timeframe expected; the future of our long-term relationship and remaining servicing agreements with New Residential Investment Corp. (NRZ), our ability to execute an orderly and timely transfer of responsibilities in connection with the previously disclosed termination by NRZ of the PMC subservicing agreement, including our ability to respond to any concerns raised by regulators, lenders and other contractual counterparties in connection with such transfer; our ability to timely adjust our cost structure and operations as the loan transfer process is being completed in response to the previously disclosed termination by NRZ of the PMC subservicing agreement; our ability to continue to improve our financial performance through cost re-engineering efforts and other actions; our ability to continue to grow our origination business and increase our origination volumes in a competitive market and uncertain interest rate environment; uncertainty related to claims, litigation, cease and desist orders and investigations brought by government agencies and private parties regarding our servicing, foreclosure, modification, origination and other practices, including uncertainty related to past, present or future investigations, litigation, cease and desist orders and settlements with state regulators, the Consumer Financial Protection Bureau (CFPB), State Attorneys General, the Securities and Exchange Commission (SEC), the Department of Justice or the Department of Housing and Urban Development (HUD) and actions brought under the False Claims Act regarding incentive and other payments made by governmental entities; adverse effects on our business as a result of regulatory investigations, litigation, cease and desist orders or settlements and related responses by key counterparties, including lenders, the GSEs and Ginnie Mae; our ability to comply with the terms of our settlements with regulatory agencies, as well as general regulatory requirements, and the costs of doing so; increased regulatory scrutiny and media attention; any adverse developments in existing legal proceedings or the initiation of new legal proceedings; our ability to interpret correctly and comply with liquidity, net worth and other financial and other requirements of regulators, the GSEs and Ginnie Mae, as well as those set forth in our debt and other agreements; our ability to comply with our servicing agreements, including our ability to comply with our agreements with, and the requirements of, the GSEs and Ginnie Mae and maintain our seller/servicer and other statuses with them; our ability to fund future draws on existing loans in our reverse mortgage portfolio; our servicer and credit ratings as well as other actions from various rating agencies, including the impact of prior or future downgrades of our servicer and credit ratings; as well as other risks and uncertainties detailed in Ocwen’s reports and filings with the SEC, including its annual report on Form 10-K for the year ended December 31, 2019 and its current and quarterly reports since such date. Anyone wishing to understand Ocwen’s business should review its SEC filings. Our forward-looking statements speak only as of the date they are made and, we disclaim any obligation to update or revise forward-looking statements whether as a result of new information, future events or otherwise.

FOR FURTHER INFORMATION CONTACT:

Investors: Media:
June Campbell Dico Akseraylian
T: (856) 917-3190 T: (856) 917-0066
E: shareholderrelations@ocwen.com E: mediarelations@ocwen.com

Rogue Florida Lawyers, Russians, Real Estate and Fraud Claims Assigned to Judge Marra’s Courtroom. Here’s What Happened Next

The facts of this court order is limited to whether or not two attorney’s should be sanctioned by Marra and delegated to Magistrate Judge Matthewman. In the end, another standard issue, wordsmithed opinion dismisses the motion for sanctions.

Operation Whiteout: Lyin’ Senior Judge Kenneth “Magic” Marra Tosses CFPB Claims

Judge Kenneth A. Marra’s Void Order Granting Ocwen’s Motion for Summary Judgment on 9 out of 10 Claims on the basis of Res Judicata in Consumer Financial Protection Bureau v. Ocwen Financial Corp. Inc., S.D. Fl.

No Glossin’ Required on a Void Order Sayeth The Constitution. Fraud By The Court Commands Reversal.

The Supreme Court has repeatedly held that federal courts possess the inherent power to vacate their own judgments upon proof that a fraud has been perpetrated upon the court.

It’s Still Cookin’ in the County Hot Potato Case. A Letter is Issued to the Chief Judge Smashing the Sanctions Order

Magistrate Judge Harjani did not take into account the Hot Potato Doctrine which does not protect the Goodwin Procter lawyers violations.

Judge Bucklo’s Avoiding The Hot Potato Ethical Questions in this Sanctions Motion but Sends the Messenger Magistrate to Tell it’s Mashed Up Tale

The Hot Potato Rule is a serious matter and Goodwin Law and their attorneys Tom Hefferon, Matt Sheldon et al should have been sanctioned.

The Hot Potato Rule and Florida Supreme Court Shows Its Bite is Gator-Sized

This is a GOOD case example where the Florida Supreme Court issued an opinion in an underlying case and sent the case to The Florida Bar for investigation.

Ocwen and CFPB’s Failed Mediation is Merely a Delay Tactic
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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