-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, NBDWKUOQVeSFhbH51JRlmipaI+LkQ3laFU5QHf/ta1WKQZtVfusmfsO9w4PqDyQM oNEOYtDyLFdViJQ9dndPiA== 0001056404-99-000731.txt : 19991216 0001056404-99-000731.hdr.sgml : 19991216 ACCESSION NUMBER: 0001056404-99-000731 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 19981231 FILED AS OF DATE: 19991215 FILER: COMPANY DATA: COMPANY CONFORMED NAME: OCWEN MORTGAGE LOAN ASSET BACKED CERT SERIES 1998 OFS1 CENTRAL INDEX KEY: 0001058244 STANDARD INDUSTRIAL CLASSIFICATION: ASSET-BACKED SECURITIES [6189] STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: SEC FILE NUMBER: 333-44067-01 FILM NUMBER: 99775376 BUSINESS ADDRESS: STREET 1: C/O NORWEST BANK MINNESOTA NA STREET 2: 11000 BROKEN LAND PARKWAY CITY: COLUMBIA STATE: MD ZIP: 21044 BUSINESS PHONE: 3016967900 MAIL ADDRESS: STREET 1: 7485 NEW HORIZON WAY CITY: FREDERICK STATE: MD ZIP: 21703 10-K/A 1 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-K/A Amendment 1 (Mark One) / x / ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 1998 or / / TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File No.: 333-44067-01 OCWEN MORTGAGE LOAN ASSET BACKED CERTIFICATES Series 1998-OFS1 Trust (Exact name of registrant as specified in its charter) New York 52-2094143, 52-2094145 52-2094147, 52-2094150 (State or other jurisdiction (I.R.S. Employer of incorporation or Identification No.) organization) c/o Norwest Bank Minnesota, N.A. 11000 Broken Land Parkway Columbia, Maryland 21044 (Address of principal executive offices) (ZIP Code) Registrant's telephone number, including area code: (410) 884-2000 Securities to be registered pursuant to Section 12(b) of the Act: NONE Securities to be registered pursuant to Section 12(g) of the Act: NONE Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes X No ___ This Amendment No. 1 on Form 10-K/A amends Item 14 of the original Annual Report on Form 10-K (the "Original Form 10-K") filed on March 25, 1999, on behalf of OCWEN MORTGAGE LOAN ASSET BACKED CERTIFICATES Series 1998-OFS1 Trust established pursuant to a Pooling and Servicing Agreement among Financial Asset Securities Corp,as Depositor, LMAC, Inc,as Seller, Ocwen Financial Services, Inc as Master Servicer, Ocwen Federal Bank FSB,as Special Servicer and Norwest Bank Minnesota, National Association, as Trustee, pursuant to which the OCWEN MORTGAGE LOAN ASSET BACKED CERTIFICATES Series 1998-OFS1 Trust registered under the Securities Act of 1933 (the "Certificates") were issued. Item 14 of the Original Form 10-K is amended to read in its entirety as follows: Item 14. Exhibits, Financial Statement Schedules, and Reports on Form 8-K. (a) Exhibits (99.1) Annual Independent Accountants' Servicing Reports concerning servicing activities for the year ended December 31, 1998. a) OCWEN FEDERAL BANK FSB (99.2) Report of Management as to Compliance with Minimum Servicing Standards for the year ended December 31, 1998. a) OCWEN FEDERAL BANK FSB (99.3) Annual Statements of Compliance under the Pooling and Servicing Agreements for the year ended December 31, 1998. a) OCWEN FEDERAL BANK FSB (99.4) Aggregate Statement of Principal and Interest Distributions to Certificate Holders. (b) On October 7, 1998, November 10, 1998, and December 4 , 1998, reports on Form 8-K were filed by the Company in order to provide the statements for the monthly distributions to holders of the Certificates. No other reports on Form 8-K have been filed during the last quarter of the period covered by this report. (c) Not applicable. (d) Omitted. Filed herewith. Previously filed. SIGNATURES Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized: OCWEN MORTGAGE LOAN ASSET BACKED CERTIFICATES Series 1998-OFS1 Trust Signed: Norwest Bank Minnesota, N.A., as Trustee By: Sherri J. Sharps, Vice president By: /s/ Sherri J. Sharps, Vice president Dated: December 15, 1999 Exhibit Index Exhibit No. 99.1 Annual Independent Accountants' Servicing Reports concerning servicing activities for the year ended December 31, 1998. a) OCWEN FEDERAL BANK FSB 99.2 Report of Management as to Compliance with Minimum Servicing Standards for the year ended December 31, 1998. a) OCWEN FEDERAL BANK FSB 99.3 Annual Statements of Compliance under the Pooling and Servicing Agreements for the year ended December 31, 1998. a) OCWEN FEDERAL BANK FSB 99.4 Aggregate Statement of Principal and Interest Distributions to Certificate Holders. Filed herewith. Previously filed. EX-99.1(A) 2 ANNUAL INDEPENDANT ACCOUNTANT'S SERVICING REPORT (LOGO) PricewaterhouseCoopers LLP 200 East Las Olas Boulevard Suite 1700 Ft. Lauderdale FL 33301 Telephone (954) 764 7111 Facsimile (954) 525 4433 REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS To the Board of Directors of Ocwen Federal Bank FSB We have examined management's assertion about Ocwen Federal Bank FSB's ("the Bank") compliance with the minimum servicing standards in the Mortgage Bankers Association of America's (MBA's) Uniform Single Attestation Program for Mortgage Bankers, with respect to certain mortgage loan pools for which the trustee is Norwest Bank Minnesota, National Association, as of and for the year ended December 31, 1998, included in the accompanying management assertion. Management is responsible for the Bank's compliance with those minimum servicing standards. Our responsibility is to express an opinion on management's assertion about the Bank's compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the Bank's compliance with the minimum servicing standards and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Bank's compliance with the minimum servicing standards. In our opinion, management's assertion that, except as indicated in the accompanying management assertion, the Bank has complied with the aforementioned minimum servicing standards as of and for the year ended December 31, 1998 is fairly stated, in all material respects. PricewaterhouseCoopers LLP July 14, 1999 EX-99.2(A) 3 REPORT OF MANAGEMENT (LOGO) OCWEN MANAGEMENT ASSERTION ON COMPLIANCE WITH USAP July 14, 1999 As of and for the year ended December 31, 1998, with respect to certain mortgage loan pools for which the trustee is Norwest Bank Minnesota, National Association, except as specifically noted below, Ocwen Federal Bank FSB (the "Bank") has complied in all material respects with the minimum servicing standards set forth in the Mortgage Bankers Association of America's (MBA's) Uniform Single Attestation Program for Mortgage Bankers ("USAP"). * Standard: Custodial bank accounts and related bank clearing account reconciliations shall be prepared within 45 calendar days after the cuttoff date and documented reconciling items shall be resolved within 90 calendar days of their original identification. The Bank's 1998 custodial account reconciliations were not prepared within 45 days after the cutoff date. However, these reconciliations and all subsequent reconciliations have subsequently been prepared through April 30, 1999. In addition, certain reconciling items which arose during the year ended December 31, 1998 were not specifically identified and/or were not cleared within 90 days of identification. Management has developed an action plan and has continued to follow the action plan to resolve all outstanding reconciling items. All significant reconciling items have been isolated and reviewed by the Company, and the Company believes these items will not have a material impact on the status of any custodial accounts. *Standard: Each custodial account shall be maintained at a federally insured depository institution in trust for the applicable investor. During 1998, certain investor custodial accounts did not indicate that they were "in trust for" accounts in the account title. However, as of the date of this assertion, the accounts were changed to include "in trust for" in the account titles. *Standard: Mortgage payments shall be deposited into the custodial bank accounts and related bank clearing accounts within two business days of receipt. Mortgage payments were credited to the investors in the Bank's internal servicing records within two business days of receipt. However, certain mortgage payments were not deposited into investors' custodial bank accounts within two business days of receipt. *Standard: Escrow funds held in trust for a mortgagor shall be returned to the mortgagor within thirty (30) calendar days of payoff of the mortgage loan. During 1998, escrow funds held in trust for certain mortgagors were not returned to the mortgagor within thirty days of the payoff of their mortgage loan. However, these escrow funds were returned within the required number of days as required by the Real Estate Settlement Procedures Act. As of and for this same period, the Bank had in effect a fidelity bond in the amount of $15,000,000 and an errors and omissions policy in the amount of $10,000,000. Christine A. Reich President Scott W. Anderson Vice President of Residential Assets Scott A. Johnson Supervisor of Investor Reporting EX-99.3(A) 4 ANNUAL STATEMENT OF COMPLIANCE Scott W. Anderson Vice President/Residential Assets OCWEN (LOGO) July 19, 1999 Telephone 561-682-8913 Facsimile 561-682-8186 Norwest Bank Minnesota, National Associate Diane Tenhoopen 11000 Broken Land Parkway Columbia, Maryland 21044 RE: Officer Certification Ocwen 1997-OFS3 Ocwen 1998-OFS1 Ocwen 1998-OFS2 Ocwen 1998-OFS3 Ocwen 1998-OFS4 Equicon 94-1 Equicon 94-2 Equicon 95-1 Equicon 95-2 Access 96-1 Access 96-2 Access 96-3 Dear Ms. Tenhoopen: Pursuant to the applicable sections of the above Servicing Agreements, I Scott W. Anderson as officer of Ocwen Federal Bank FSB (the "Bank") confirm that a review of the activities of the Bank ended December 31, 1998 and of performance under the Servicing Agreements has been made under my supervision. To the best of my knowledge, based on such review, the Bank has fulfilled all of its obligations under the Servicing Agreement throughout the period, other than as noted in the Management Assertion on Compliance with USAP. Sincerely, Scott W. Anderson Vice President Residential Assets SWA/dls The Forum 1675 Palm Beach Lakes Boulevard, West Palm Beach. FL 33401 -----END PRIVACY-ENHANCED MESSAGE-----