NOTICE OF GRIEVANCE


NOTICE OF GRIEVANCE

Dear Ocwen Loan Servicing LLC/ Property Preservation,

In accordance with Paragraph 2 of Section 20 of my Mortgage Security Instrument I, Mario Kenny write to you this Notice of Grievance in an effort to convince you to take permanent corrective action to erroneous behaviour of your agents that has injured me and my family, so that I might avert the need to sue you and your agents.

I received on May 30th 2014 your letter dated May 22nd 2014. It took eight days to travel by mail from West Palm Beach to Miami Florida. It demanded a response within 15 days from the date on the letter, but left me only 7 days to respond.

The notice in your letter stated the following;

“In accordance with the provisions of your mortgage, we are required to have property inspections completed on all delinquent loans.”

According to USPS certified mail # 7013 2630 0000 7961 8580 signature information, you received my Debt Verification Letter on May 20th 2014, but you failed properly to acknowledge it pursuant to Dodd-Frank Wall Street Reform and Consumer Protection Act, to 12 U.S.C. Section 2605(e)(1)(A), and to Reg. X Section 3500.21(e)(1).

Your letter provided this:

“In accordance with the provisions of your mortgage, we are required to have property inspections completed on all delinquent loans.”

Your agents will not gain access to my property without proper judicial review.

“A recent inspection indicated that your property is vacant and/or unsecured”

Your Latin male agent conducted that “recent inspection” for a full 20 minutes in the middle of the night on April 21st 2014. He intruded upon my premises under his stated pretence of looking for his cell phone while his GPS or IP guided him and without clarifying his intent to discover if someone resided at my address. The obvious lie, coupled with the intrusion abjectly frightened me and my wife, so I confronted him and called the police in a panic via 911. As a result, they took a long time to respond and arrive at my home. Meanwhile, your intruder agent refused to identify himself, and then absconded, and so the police could not find or interview him.

While your agent occupied my front yard and used his mobile phone, I stood behind my locked gate screaming at him to exit my property. He refused to obey me, and continued to trespass on my land. I did get the vehicle license number of your intruding agent’s accomplice. I now feel desperate to identify the registrant of that license number. I shall find it.

I have properly posted signs on my property. They warn “KEEP OUT, NO TRESPASSING, HUNTING OR FISHING, BAD DOG, and PRIVATE PROPERTY. Your intruding agent ignored these signs and breached the boundaries of my estate in spite of them. I consider the intrusion at midnight, trespass, refusal to leave when I ordered your agent to leave, and the duration of the trespass as harassment. And now my wife and I have fitful difficulty sleeping at night because we fear your agents, probably convicted felons, will invade our home under another false pretence, disturb our tranquillity, rob us, and torture us with their presence and intimidation.

I demand to know the identities of your intruder agent and his confederate, so that I may warn them and their employer personally not to enter my property again at any time of day or night without either a court order or my advance written permission.

Please inform me with specific details by return mail how you determined and why you believe that I had abandoned my home and property.

As a protocol for calling 911, I identified my name and my telephone number to the 911 operator. By ordering public records, the agents of Ocwen Loan Servicing LLC succeeding in learning my telephone number, and now they use it to call and harass my family and me. Subsequently an obtrusive agent of Ocwen Loan Services LLC, called me at that number and asked whether I wanted to sell my home. I consider that as harassment.

Please do not attempt these illicit acts of intrusion, trespass at my home, and harassment ever again. Trespassing on private property occupied by its owners is unlawful in Florida. It constitutes a perilous, risky, hazardous, unsafe, dangerous action, and is grossly inappropriate.

However, you may communicate with me by sending me postal mail at the address You are welcomed to communicate with me at the property address where I currently reside, as listed herein.

I reiterate: DO NOT TRESPASS MY PRIVATE PROPERTY AT MY HOME ADDRESS ABOVE. The address in the masthead of this letter is my permanent DOMICILE, RESIDENCE, and HOME. Trespassing on my home property in the middle of the night is improper, unsafe and illegal. My wife and I feel grave concern for our safety because Ocwen Loan Servicing LLC is known to utilize the services of convicted felons to preserve property and some have been implicated in pilferage.

Your letter provided this:

“Please be aware that if you do not complete the letter below, nor contact our offices, further action will be taken to secure the property and, if necessary, winterize the property in order to protect the security interest of the owner of your loan. ”

Your expressed admission of trespass and expressed intent to trespass in the future is improper, illicit, unsafe and illegal. Any further intrusions onto my private, residential property, in the future by your agents will be met with the appropriately strong deterrence, resistance, and remedies consistent with lawful defence of the rights of my family and mine.

The manner in which your communication is construed and the fact that you have failed to Verify the alleged Debt constitutes Prohibited, Unfair, Deceptive, Abusive Acts or Practices in the Collection of Consumer Debts. I have no obligation to sign any paper that you send me. Your assumption and assertion that we have vacated our home is totally inappropriate and inaccurate. In fact, we construe your letter as a direct threat of violence, contrary to the strict rules of the FDCPA making for a litigable matter. Again please do not trespass my private property, if you wish to communicate with me, do so in writing by the US postal service to the address in the masthead of this letter.

Please Note:

In addition to the prohibition of UDAAPs under the Dodd-Frank Act, the Fair Debt Collection Practices Act (FDCPA) also makes it illegal for the servicer who defined itself as a “debt collector” from engaging in conduct “the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, to “use any false, deceptive, or misleading representation or means in connection with the collection of any debt, or to “use any misleading representation or means in connection with the collection of any debt, or to use any unfair or unconscionable means to collect or attempt to collect any debt.

And yet you wrote this:

“Please understand that this is not an attempt to evict/remove you from your property. It is merely an action to verify the conditions of the property as provided for in the Mortgage or Deed of Trust Agreement.”

We have construed this statement as an effort to instil fear in our hearts that you will intrude and breach our peace, and that flouts the rules of Debt Collecting as stated in the FDCPA, further being a Prohibition of Unfair, Deceptive, or Abusive Acts or Practices in the Collection of Consumer Debts. No one can evict us without a court action giving us the opportunity to oppose it, followed by an order from a court of competent jurisdiction. But the very fact that you MENTION “attempt to evict/remove you from your property” implies that I should or could interpret your actions as such an attempt.

You wrote this:

“or Deed of Trust Agreement.”

This cut and paste text insinuates to me that similar letters of this nature may have been delivered to many people in a Non-Judicial foreclosure State like California, the FDCPA is vested with a private right of action. The Statute of Limitations of such an action is 12 months

You wrote this:

“I take full responsibility for the vacant property. It is monitored at least once a week and it is secured. Any vandalism or damage done will be repaired immediately at my expense. ”

As I stated, my property is not vacant. I am the home-owner. The property is my homestead. I and my family have our domicile, our permanent home and residence there. We LIVE there every day, except for an occasional adventure abroad in Florida. And that is obvious to any casual observer. Thus I construe your statement above as provocative, harassing, and a Prohibited, Unfair, Deceptive, or Abusive Act or Practice in the Collection of Consumer Debts.

Please correct the above grievances immediately so that I don’t have to sue you.

Respectfully submitted

Sincerely,

Advertisements

About Here and Now

I rant about issues concerning foreclosure, real estate law and any topic of interest. Normally my day job is Fashion and Costume Design. I like writing and reading interesting subjects.
This entry was posted in Uncategorized. Bookmark the permalink.