Ocwen Shared Appreciation Mortgage (SAM) Recapture - how to calculate?

By
Real Estate Agent with Progressive Realty (Boise Idaho) www.Progressive-Realty.info DB-17066

This loan product was created back when many mortgage holders were under water and owed more than the property was worth.  Ocwen offered some refinances as a loan modification in which they would write down the mortgage owed under a provision that allowed them to recapture some or all of the write off if the property was sold or refinanced which would result in a net gain to the borrower.

I really like the sound of this but the 18 pages of fine print associated with it is extremely confusing to say the least.  They give several examples to help explain the various scenerios; however some appear contradictory to me.  For example:  "One eachanniversary of your modification effective date...Ocwen will permanently forgive one-third (1/3) of the Deferred Amount until it is reduced to zero. If you choose to pay off your loan before the third annivsary...the entire Deferred Amount will be deducted from your pay off amount."

I am not sure why they mention the 1/3 annually instead of just saying after 3 years it is forgiven?

If sold after the second year, it appears that one sentance has already forgiven 2/3 of the Deffered Amount; however the next statement says the entire amount is due?

I would appreciate your feedback if you have any experience with these since it has been over a month since I requested a pay off amount from Ocwen and they just this week said we needed to do an appraisal first.  It is hard to do a net sheet for a seller before listing their house without all the facts!

Comments (3)

Jim Paulson
Progressive Realty (Boise Idaho) www.Progressive-Realty.info - Boise, ID
Owner,Broker

We just did the appraisal on this property yesterday so we will be forwarding it to Ocwen.  I will update this blog when I get specifics from Ocwen about the shared equity participation.  I am not pleased that they won't do a preliminary payoff without an appraisal in hand.

Dec 23, 2014 11:48 PM
Anonymous
Rick Rust

What happened? I am attempting to refinance after SAM loan and being told it will appear as short sale on my credit. Did this happen in your case?

Mar 19, 2015 01:39 PM
#2
Jim Paulson
Progressive Realty (Boise Idaho) www.Progressive-Realty.info - Boise, ID
Owner,Broker

This was an absolute nightmare but we got it done.  It took us months of hearing their broken English tell us 2-3 more business days, 2-3 more business days, etc.

Finally, I got a hold of their legal team and talked with an Ombudsman who at first sounded really nice and helpful and yet he said it would take about 5 business days to get an answer.  I asked why it would take longer to get and answer on where we stand than it was supposed to get the answer to start with (remember, just 2-3 more business days scripted answer to all questions at their call center answer?).  He assured me he could help (in real American English verses non-American Indian accent).

I finally looked up the calculations, did them myself and emailed  Ocwen my math and the answer and amazingly an hour later the payoff was at the title company.  Very frustrating and HORRIBLE service from Ocwen!

I know my clients were able to buy another home out of state so it did not adversely effect their next purchase since they met the new agreements and terms of their SAM contract, I don't believe it showed up as a short sale.

Mar 19, 2015 08:24 PM

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