When the Department of Veterans Affairs picked Ocwen to manage VA Foreclosures I knew the VA was screwing up. Clearly the VA did not do any research. Ocwen had been in trouble before. Ocwen continued to stay in trouble, and is still in trouble. The Department of Veterans Affairs doesn’t care. Here is current research:

Ocwen Financial Corp., a Florida-based company that services more than 300,000 mortgages nationwide, could receive more than $200 million in TARP payments.

“Ocwen has screwed up my finances so bad you can’t believe it,” said Brad Rhoton, whose rental properties in the Houston suburbs are part of a nationwide lawsuit against Ocwen. “It’s been the most maddening process you can imagine.”

Rhoton’s lawsuit charges that Ocwen constantly misapplied Rhoton’s mortgage payments and tacked on unnecessary fees and insurance, causing his accounts to fall behind.

So far under the Treasury’s modification program, Ocwen has started trial modifications in 8 percent of potential mortgages – below the national average and well below some other servicers.

Paul Koches, a company spokesman, said the number is misleadingly low. Ocwen, he said, has set rigorous standards in documenting its modifications and is therefore likely to have a far higher share of its modifications stick than other companies. He said that Ocwen undertook its own loan modification program in 2007 and has beefed up its staff substantially since then.

As for the suits against it, Koches said they represent a fraction of the firm’s customer base, and many were copycat lawsuits that tried to paint Ocwen with the same brush as other mortgage servicer firms. He said the company continues to vigorously defend itself against lawsuits.

Over the years, Ocwen has lost other lawsuits and has been slapped down by a federal judge for its conduct.

In one Texas bankruptcy case, for example, a federal judge blasted Ocwen after it tried to pass the cost of a $1,000 sanction onto the customer it was cited for mistreating. When the judge found out, he said, “Ocwen’s course of conduct in this proceeding bordered on the outrageous.” He fined the company an additional $27,500.

The case was far from isolated, however. A jury in Galveston, Texas, ordered the company to pay $11.5 million, and one down the coast in Corpus Christi ordered it to pay $3 million for unfairly foreclosing on homeowners (both cases were then settled in the appeals process for undisclosed amounts).

In both cases, the plaintiffs were on the edge financially, and so when Ocwen added extra fees to their accounts. they quickly fell behind.

That was part of their strategy, plaintiffs’ attorneys said. One of the key witnesses before both juries was a former Ocwen account officer who said the company trained its sights on customers who had substantial equity in their homes. In those cases, the company had the most to gain if customers lost their homes in foreclosure.

“We didn’t treat the people very well, but the money was pretty good,” the former account officer, Ron Davis, testified during one of the trials. (Davis couldn’t be reached for further comment.)

The motive, he said, was simple: force people into foreclosure as a way to earn higher bonuses.

“We would call the customers and ask them what bridge they were going to live under,” Davis testified.

Ocwen lost that lawsuit. A Texas jury found that the company engaged in “fraudulent, deceptive, or misleading” tactics that it called “unconscionable.” The case involved an elderly Texas woman the bank tried to evict from her home even after a local judge had ordered it not to. The jury awarded her $11.5 million, which was reduced to $1.8 million, according to Ocwen’s Securities and Exchange Commission filings; the case was settled during appeals.

Outside the courts, federal regulators in 2004 approached Ocwen to request that the company enter into a formal supervisory agreement under which it promised to improve its customer service. It required, for example, that Ocwen beef up its ombudsman to take customer complaints; adopt a “borrower-oriented customer service commitment plan”; take reasonable actions to see if homeowners already have hazard insurance before adding it to customers’ accounts; and regularly report to federal regulators about outstanding customer complaints.

Koches of Ocwen said the agreement was merely an attempt to formalize many of the steps the company was already taking – and that the company and federal regulators wanted avoid the kind of problems other firms had experienced.

Later that year, however, Ocwen took steps to ensure that such regulatory findings wouldn’t come again.

By successfully petitioning to have itself removed from the oversight of the Office of Thrift Supervision, the supervisory agreement hatched just months before was ended, according to Ocwen’s regulatory filings. Ocwen said it removed itself from OTS oversight for business reasons unrelated to thesupervisory agreement and that it continues to follow the intent of the agreement.

See Firms are getting billions, yet aren’t averting foreclosures by CHRIS ADAMS, McClatchy Newspapers and the Kansas City Star for more.

We wrote to the VA, House Oversight Committee, and DOD when Ocwen became the VA property manager, but apparently nobody cared. Apparently the VA and many others still don’t care. Pay particular attention to the quote “force people into foreclosure as a way to earn higher bonuses” now that you know the whole story.

Did Ocwen force veterans into foreclosure to make money on both ends of this issue? I guess we will never know.

Footnote: In 2003, the Department of Veterans Affairs (VA) significantly revised its in-house approach to managing and selling properties that become subject to foreclosure proceedings due to defaults by veterans on mortgages guaranteed by the department. VA contracted this function out to a private firm–Ocwen Financial Corporation (Ocwen)–after determining that doing so would increase the program’s efficiency. VA oversees the Ocwen contract, which terminates in 2008, through onsite property inspections and other means.

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