As a foreclosure defense attorney, I get to see the mortgage companies on their worst behavior on a regular basis. If I’m not seeing it first hand, I’m hearing about it from my clients. And every time I think I’ve seen and heard it all, something new comes along and blows my mind. Today was one of those occasions.
Ocwen was the offender this time. My conversation with one of their representatives began as it always does–with them dutifully informing me that the call “may be monitored or recorded for quality and training purposes.” I always like this fact, as it–in theory–creates a paper trail of our conversations.
After Ocwen’s representative was less than receptive to my instruction to stop calling my client since he was now represented by counsel (a fact Ocwen knew due to the very fact they were talking with me), I decided to record the rest of the conversation. So I told Ocwen’s representative that I was recording the conversation from that point forward.
What happened next blew my mind.
“I’m sorry Mr. Duke, if you are recording this call then I will have to terminate our conversation.” Wait a minute, you began this whole conversation with the disclaimer that the call was being recorded or monitored–I’m not doing something you’re not already doing! “I’m sorry, I will have to terminate the call if you continue to record it.”
I’m sure this gentleman was just following the orders that he was given at some training session, and I fully expected him to favor keeping his job over appeasing a lawyer half a world away. But in my years of doing foreclosure defense, I think this takes the prize as the most idiotic and absurd thing I’ve heard come out of a mortgage company’s mouth.
Is this one conversation going to make a difference in the big picture of my client’s case? Probably not. However, it was a needed reminder of just exactly what and who it is homeowners (and myself as their attorney) are dealing with on a regular basis.