Complaint Review: American Mortgage Investments - Chase Home Finance - Ocwen Federal Bank - Silver Spring Maryland

This pertains to a settlement on an investment property that took place in July 2004. My wife's son, my wife and myself came to a decision to seek an investment property as joint owners and set aside an account for a down payment.

Ultimately a representative of American Mortgage Investments Inc. whose address is 12510 Prosperity Drive, Silver Spring, MD 20904 informed us that we had obtained a mortgage and further advised as to the date, time, and location of the settlement.

The settlement occurred on July 16, 2004. The original documents at the settlement clearly named not only myself but also my wife and her son as co-mortgagors and co-owners. All of us were present at the settlement and all of us signed various documents, however, no copies of the original documents were furnished. It was not until several weeks later that I was mailed documents showing only my signature and those documents were copies with smudging, mixed typefaces and misaligned text. Sometime later, I came to believe the original documents were doctored.

The original mortgage broker and title company never took a signed loan application from me and has not been able to produce one when I called and asked for the same, i.e., the original mortgage was brokered without my written and notarized consent although I was named as a sole owner, which was contrary to what we (myself, my wife, and her son) initially decided upon and asked for.

The mortgage was handled by Ocwen from July until October, when the account was turned over by Chase. This is because my payments were made 30 or more days ahead of time and Ocwen got mad at me because they realized there would be no chance of grabbing the property.

In May 2005, there came an opportunity to refinance the mortgage on my primary residence. At that time, I inquired about refinancing the investment property.

During preparation for the refinance settlement, it was discovered that the deed transfer taxes (county and state) along with the deed recordation fees (county and state) were never paid commensurate with the original settlement, although fees were collected to cover this.

It was also discovered that about $1,111 of the prior years' property taxes were never paid, although fees were collected to cover this.

At the original settlement, the following fees among others- were collected:

Mortgage Broker Fee: $10,833.00

Recording Fee: $707.25

State Transfer Tax $637.50

County Transfer Tax $318.75

Mortgage Fraud and Conspiracy to Commit Mortgage Fraud: American Mortgage Investments Inc created a mortgage without a formal written application that was properly executed by all of us (my wife, her son, and myself) and without an application signed by me. American Mortgage Investments Inc., along with Ocwen and Chase, further violated our (my wife, her son, and myself) wishes to be named as co-owners and co-mortgagors by presenting original settlement documents to be signed by all of us and then transferring my signature to a separate and distinct document without my knowledge while never providing copies as they were furnished and signed at the original settlement.

Misappropriation of Funds: E-Z Title Company, acting as an agent for American Mortgage Investments Inc, along with Ocwen and Chase, collected funds at settlement specifically identified for payment of mandatory recording and transfer tax fees, real property taxes from the date of settlement through the end of fiscal year, and an exorbitant broker fee of more than $10,000. The recordation fees and transfer taxes were never completely paid and the property taxes were not paid, i.e., what was collected at the time of settlement differed significantly from how much was actually required to record the documents.

Conspiracy to Commit Fraud: During preparations to refinance, the discrepancies described above were discovered. I attempted to obtain contact information for the E-Z Title Company using the yellow pages, white pages, and numerous Internet searches. E-Z Title Company could not be identified anywhere. I contacted American Mortgage Investments Inc by telephone on two separate occasions and spoke to both a customer service representative and a manager. I believe that American Mortgage Investments Inc along with Ocwen and Chase Home Finance were aware of E-Z Title Company's conduct in this matter and that the entire matter of mishandling of funds was planned from the beginning.

Suppression of Evidence: It is noteworthy that during the actual settlement in July 2004, the E-Z Title Company representative never disclosed his surname or phone number and never provided business cards. American Mortgage Investments Inc failed to exercise due care and diligence in keeping aware of the conduct of their agent, E-Z Title Company, failed to follow up to see that all post-closing activities were done properly, and further clearly made an effort to conceal this information and inhibit attempts to discover it. Requests (in writing) from American Mortgage Investments Inc, Ocwen, and Chase Home Finance failed to produce any results. Personnel at American Mortgage Investments Inc denied having any knowledge of E-Z Title Company and stated (pretended?) they possessed no contact information for this entity. An inquiry at the Chase Home Finance customer service number resulted in their pretending to have no knowledge of E-Z Title Company.

Identity Abuse and Identity Theft; Libel, Defamation and Financial Injury: Chase Home Finance, AKA Chase Manhattan Mortgage Corporation, has been issuing negative credit reports using my identity for an undetermined span of time. I have discovered such reports issued to Equifax, Experian, and Trans Union. I have contacted Chase in writing at least three different times during the past two months and presented refuting evidence comprised of Tax Levy Records from the State of Maryland, County of Montgomery for the years 1999 to 2005. This evidence clearly identifies the mortgage status of my primary residence at a given address and clearly beyond all reasonable doubt prove that I have never resided at the address of the investment property.

All the payments on the Chase account were made on time, however, Chase made an arbitrary choice to report the account 30 days late. The account was paid off on June 14, 2005 and the next payment on the account was due June 16, 2005. Chase continues to deliberately and knowingly engage in defamation and libel with the hopes of causing further financial injury. This is not only because Chase and Ocwen were involved in covering up the misconduct of their clients as already described above, but also because the property appreciated by 27 percent in less than a year and Chase/Ocwen was in collaboration with E-Z tile Company and American Mortgage Investments Inc to set up a scheme where they would create a pretext to seize the property. There are at least two occasions where payment checks were sent to Chase on time but were never submitted to my bank for payment.

Neither Chase nor Ocwen have a mechanism to allow clients to access their account on the Internet.

Chase's call center is located in India. The representatives have no knowledge of state or federal rules or regulations. The call center personnel have no ability to transfer the caller to someone who has management decision authority.

While the mortgage was paid off in JUNE, Chase reported it 30 days late in JULY.

Copies of this have been filed with the Mayland State Attorney General's Office and the Montgomery County Division of Consumer Affairs.

Yesterday, my lawyer filed suit in the 3rd district Federal Court. Stay Tuned.

Robert

Gaithersburg, Maryland
U.S.A.

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