Sun Sentinel Broward Edition

Fatal hit-and-run

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A wrecker operator loads a motorcycle in Pompano Beach, whichwas involved in a hit-and-run accident that left two riders dead Sunday. Investigat­ors found the car that they determined was involved in the crash and arrested aman in connection with the crash, but did not identify him Sunday afternoon.

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Even after agreeing in 2013 to clean up its practices, Ocwen continued its improper behavior, the complaint stated. It failed to properly credit borrowers with making on-time payments, resulting in late fees, negative creditrepo­rting and in accurately reported delinquenc­ies. It misapplied payments and miscalcula­ted loan balances and amounts due and communicat­ed informatio­n to borrowers that it knew or should have known was inaccurate.

O cw en will provide at least $8.6 million in consumer relief, including $2.1 million to Florida consumers harmed by the company’s alleged servicing failures, the attorney general’s statement said Thursday. Those failures include improperly imposing lender-placed insurance and overchargi­ng for property inspection­s.

Ocwen will also provide at least $1 million for mortgage loan modificati­ons and about $5.5 million in late fee waive rs. The company also agreed to paymore than $3 million in civil penalties and reimbursem­ent for the lawsuit’s fees and costs.

In a statement, Florida Attorney General Ashley Moody called the settlement “a continuati­on of our efforts to correct harmful deficienci­es in mortgage servicing practices and ensure that distressed homeowners who have been impacted by servicing errors receive much-needed relief— relief that is especially important in these challengin­g times.”

In its own statement, O cw en stressed that its agreement to settle the case was not an admission of wrongdoing. “Ocwen believes that it has sound legal and factual defenses to all of the State of Florida’s claims but concluded that it is in the best interest of its stakeholde­rs to resolve this matter without admitting liability in order to avoid the further distractio­n and expense of litigation ,” the statement said.

For Ocwen, the settlement was the second in less than a decade with Florida’s top prosecutor.

In 2013, Florida was among 48 states and the federal Consumer Financial Protection Bureau that secured a $2 billion settlement with Ocwen over similar allegation­s. Then-Attorney General Pam Bondi said at the time that $342 million of the money would be sent to 26,000 Florida consumers, with each eligible to receive more than$1,000.

In that case, Ocwen also was accused of using false and deceptive documents and affidavits, including signing documents without reviewing them, known as “robo-signing.”

A large number of U.S. banks were accused of robo-signing mortgage foreclosur­e documents during the huge wave of foreclosur­es that followed the 2008 economic crash.

The lawsuit that Bondi’s office filed against Ocwen in April 2017 referenced the company’s continued behavior since the $2 billion settlement, saying, “Despite multiple lawsuits and regulatory actions by various state attorneys general, state regulators and federal agencies, the Ocwen defendants continue to violate federal and state laws and industry standards.”

The complaint added that Ocwen failed to adequately respond to customer complaints and requests for loss mitigation.

Borrowers eligible for relief are not required to contact Ocwen or the Attorney General’ s Office. Borrowers eligible for a monetary payment will be contacted by the office. In addition, about 6,000 borrowers will automatica­lly receive late fee waivers from Ocwen.

Borrowers eligible for debt forgivenes­s will be offered loan modificati­ons that will include reductions of their mortgage balances “or other forms of debt forgivenes­s.” Ocwen must forgive at least $1 million in debt within two years to avoid an additional $1 million penalty.

Additional­ly, Ocwen will set up a dedicated phone line for Florida borrowers to submit complaints and will establish a specific time frame for resolving them.

Ocwen’s statement about the settlement said the amount of money and resources it agreed to commit “is not material to its financial condition.”

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JOECAVARET­TA/SOUTHFLORI­DASUNSENTI­NEL

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