Thakkar v. Ocwen Loan Servicing, LLC et al

Plaintiff Nirav Thakkar alleged that in October 2013, Ocwen agents broke into the house he was renting from his uncle, changed the locks, rummaged through the house, and removed his personal property. To be rid of Ocwen, he paid off the mortgage, purchasing the home outright. Even after that Ocwen sent people to break into his home. This was in January 2014. When they came back the second time, the house was ransacked again, his stuff stolen, and the locks changed.

This all started after Ocwen began claiming that the mortgage payments were late – something Thakkar said is untrue. They said that the payments were 45-days late and then began to take steps to claim the property, sending out contractors to inspect the home and essentially take possession of it – not legal.

Essentially, Ocwen kept sending people back out to winterize the property, turn off the water and secure the home. Keep in mind that Thakkar was still living there and making payments. Each time they showed up, he said things were stolen, including thousands in cash. He called the police and reported that he had been robbed each time.

What’s crazy is that they came back, stole his property, and changed the locks again after he paid off the mortgage. That’s flat out nuts. Ocwen had no business with the property at that time and still, his home was broken into.

After all this, Ocwen is claiming that it was Thakkar’s fault – that he received notices that people would be coming to the property and did not respond. That’s insane. Especially since they never actually initiated foreclosure proceedings. Instead, they just decided “hey we want to start taking possession of this property. Why not? We’re the lender. Let’s shut off the water, change the locks and take what we want…” What happened to the right to be secure in your own property?

Apparently if you do business with Ocwen, you can expect to have no privacy or security in your own home – at least that’s what happened to Thakkar.

Ocwen is fighting the lawsuit.

Ocwen is fighting the lawsuit, per usual. They are claiming that they had the right to do everything that they did and that Thakkar is to blame. They went so far as to ask for the judge to rule on summary judgement (something that typically goes in their favor). Summary judgement is a way for them to get out of going to trial and since their lawyers are really good, they win on this request a lot. However, they can’t win all the time…

On May 17, 2019, Judge John J. Tharp, Jr., a United States District Judge, denied their order for summary judgement. This means that the case is going to trial – a good thing for Mr. Thakkar.

You can read more about the case here, https://law.justia.com/cases/federal/district-courts/illinois/ilndce/1:2015cv10109/317916/305/. Have you been screwed by Ocwen? Visit https://ocwencomplaints.com