State of Connecticut Department of Banking. The aforementioned restrictions do not apply to loans that are i already serviced on the REALServicing platform, including, but not limited to, those that are subsequently modified, refinanced or those that are subsequently converted to an arrangement whereby Ocwen acts as sub-servicer or ii required to be repurchased by Ocwen, including Homeward Residential, Inc.
The POAM shall be acceptable to the Commissioner and shall include a timeline for accomplishing each milestone in the POAM in order to complete the transfer within a commercially reasonable time. If the Escrow Report identifies Errors previously remediated by Ocwen, regardless of whether they resulted in financial harm as defined in the RFP, the Auditor will confirm that the corrective actions were sufficient to: 1 remediate the Error, and remediate any other similarly impacted borrowers, and 2 prevent the Error from recurring.
Ocwen will provide the Commissioner with documentation of any corrective actions to address any previously remediated Errors. Any corrective action plan required by this paragraph shall include specific deadlines for the deliverables specified in the plan. The Commissioner must provide any objections to the corrective action plan within ten 10 days from the date Ocwen submits the plan to the Commissioner.
Ocwen shall implement any plan not objected to by the Commissioner and shall adhere to the deadlines set forth within the plan unless an extension is granted by the Commissioner. All identified errors and problematic escrow practices that resulted in consumer harm shall be remediated by Ocwen at no cost to Connecticut borrowers, meaning that, in no instance shall Ocwen seek to recover monies from a Connecticut borrower relating to findings made by the Escrow Review Plan.
Ocwen shall revise the Complaint Plan if deemed necessary by the Commissioner. If Ocwen does not receive any required revisions within thirty 30 days of its submission of the Complaint Plan to the Commissioner, Ocwen shall implement and adhere to the Complaint Plan.
The Complaint Plan shall include, at a minimum:. An additional update shall be provided every six 6 months going forward for a period of three 3 years, unless the Commissioner releases OFC from this requirement earlier.
OFC will further submit the following reporting for monitoring compliance with the Financial Condition Plan, with these reporting requirements to be in effect for the period of three 3 years and one 1 month from the date this Consent Order is issued by the Commissioner:.
Monthly financial statements that track actual earnings compared to forecasted earnings during the same time period, to be submitted to the Commissioner for each month on or before the last day of the following month; b. A monthly liquidity report that demonstrates daily liquidity tracking with forecasts on liquidity positions over thirty 30 , sixty 60 and ninety 90 days, to be submitted to the Commissioner on or before the fifteenth 15th day of each month; c.
A monthly report documenting compliance with internal policies and procedures governing limits on exposure to market risk, including, but not limited to, interest rate risk, to be submitted to the Commissioner for each month on or before the last day of the following month; and d.
A quarterly Going Concern Analysis, which shall include covenant and capital reporting that tracks any and all financial or regulatory covenants OFC is obligated to comply with and whether OFC remains in compliance with those covenants, to be submitted to the Commissioner forty-five 45 days after the end of each calendar quarter, with the exception of the last quarterly report for each calendar year, which shall be submitted ninety 90 days after the end of such quarter.
Potential Monetary Penalties: a. Subject only to the opportunity of Ocwen to meet and confer with the Commissioner, Ocwen consents to the immediate entry and imposition of the following monetary sanctions:. Complete the loss mitigation outreach event, as further described in paragraph 9 above, by December 31, ; or B.
Submit the final report for the Escrow Account Disclosure Statement Review as further described in paragraph 6 above on or before March 1, The terms set forth above be and are hereby entered; 2. This Consent Order shall become final when issued. Ocwen may originate through broker, retail, or wholesale or acquire through correspondent lender relationships new residential mortgage loans, including, but not limited to, traditional mortgage loans, reverse mortgages and refinances, so long as they will not be boarded, even temporarily, to the REALServicing platform.
The Auditor may revise the Audit Plan to the extent revisions become necessary during its testing, provided it is consistent with the RFP and provided Ocwen agrees to the revision and the Commissioner does not object to the revision. Ocwen shall not board any residential mortgage loans with a known, unremediated error onto a new servicing system pursuant to the POAM. Ocwen shall require that any additional reviews conducted by the Auditor pursuant to this paragraph be done expeditiously.
The Complaint Plan shall include, at a minimum: a. Specifically, each month for a period of twelve 12 months following the date this Consent Order is issued by the Commissioner, an independent third party shall review five 5 of the most recent Escrow Account Disclosure Statements prepared by Ocwen for Connecticut borrowers utilizing the methodology set forth in Sections 2.
The independent third party shall provide a monthly report to the Commissioner on a periodic basis, not later than sixty 60 days from each month-end during the twelve 12 month review period. The Auditor will begin testing Escrow Account Disclosure Statements that are sent in January, and the first report will be provided to the Commissioner no later than April 1, sixty 60 days from January 31, The final report will cover Escrow Account Disclosure statements that are sent in December , and the final report will be provided to the Commissioner no later than March 1, sixty 60 days from December 31, In addition, for a period of twelve 12 months, on a monthly basis commencing on April 1, , Ocwen shall provide a detailed reporting of each escrow account relating to loans secured by residential real property in Connecticut that includes each receipt and disbursement within the preceding month for borrowers in Connecticut.
OFC will further submit the following reporting for monitoring compliance with the Financial Condition Plan, with these reporting requirements to be in effect for the period of three 3 years and one 1 month from the date this Consent Order is issued by the Commissioner: a.
Monthly financial statements that track actual earnings compared to forecasted earnings during the same time period, to be submitted to the Commissioner for each month on or before the last day of the following month;.
A monthly liquidity report that demonstrates daily liquidity tracking with forecasts on liquidity positions over thirty 30 , sixty 60 and ninety 90 days, to be submitted to the Commissioner on or before the fifteenth 15th day of each month;. A monthly report documenting compliance with internal policies and procedures governing limits on exposure to market risk, including, but not limited to, interest rate risk, to be submitted to the Commissioner for each month on or before the last day of the following month; and.
Cease and Desist Requirements: No later than the date this Consent Order is executed by Ocwen, Ocwen shall not act as a mortgage servicer or consumer collection agency in Connecticut without a license, in violation of Sections 36a and 36a a of the Connecticut General Statutes, respectively. In addition, OLS shall not violate Sections 36ae 7 , 36a a , 36ad b , 36ah 2 , 36ah 4 , 36ah 5 , 36ah 17 and 36ae 2 of the Connecticut General Statutes. Loss Mitigation Outreach Event: During , Ocwen shall partner with one or more non-profit organizations to participate in one loss mitigation outreach event in Connecticut and shall partner with local housing counselors to implement a targeted loss mitigation mailing campaign designed to benefit at-risk Connecticut borrowers.
Title of the indenture securities. The trustee is authorized to exercise corporate trust powers. Based upon an examination of the books and records of the trustee and information available to the trustee, the obligor is not an affiliate of the trustee.
Pursuant to the requirements of the Trust Indenture Act of , as amended, the trustee, Wilmington Savings Fund Society, FSB, a federal savings bank organized and existing under the laws of the United States of America, has duly caused this Statement of Eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Wilmington and State of Delaware on the 2 day of November, Jurisdiction of incorporation of organization if not a U.
Employer Identification No. State or other jurisdiction or incorporation or organization. Furnish the following information as to the trustee:. Securities and Exchange Commission. Washington, DC ITEM 2. If the obligor is an affiliate of the trustee, describe each affiliation:. ITEM Listed below are all exhibits filed as part of this Statement of Eligibility and Qualification.
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