Consumer complaint received 2021-01-11
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
This started a long time ago when we started struggling financial due to medical situations so we reached out to the mortgage servicer which at the time was GMAC mortgage in which they said they couldn't help us unless we didn't pay our mortgage payment for 3 months so we followed their instructions and applied for a modification in which they started the foreclosure process and we have been in this same fight ever since. After a while GMAC sold the loan to XXXX XXXX and Ocwen became the servicer but this whole time we were trying to work with the servicer to get approved for a modification and looking to resolve the matter. Still with no resolution PHH Mortgage became the servicer in which we submitted modification information several times and the same information and documents several times because the servicer would claim they never received even though there was record of submission of all requested information and documents. There was another sale date set for XX/XX/XXXX but we were in the process of being considered for a loan modification so I called the servicer the morning of the Trustee sale date to confirm the sale was not taking place being we were being considered for a loan modification. Apparently no one was available to speak with me so I said well if I can't get an answer then I am just going to have to go down and file bankruptcy to stop the sale then all of a sudden someone was available. The representative I spoke with was named XXXX and he informed me that the sale was not taking place and the only thing they were missing for the loan modification consideration was a hire date which I had already submitted before so I then asked him to confirm again that the Trustee sale was not taking place that day for our house and he said no it is not taking place and that it is illegal to follow through with the Trustee sale while being considered for a loan modification. Well it turns out they ended up keeping my house in the Trustee sale that day but it didn't sell so it went back to the lender " XXXX XXXX ''. I actually found this out when someone showed up at my house so I immediately called PHH mortgage and they told me no that I must of misunderstood and there was nothing that could be done so I filed a complaint with the details of the situation on a social media site and got a follow up call from XXXX with XXXX XXXX escalations department. She reviewed the complaint and said they would be putting the house back in our name but then a couple days later called me back notifying me that the only way they would put the house back in our name was if we submitted a modification packet and we approved and that we hadn't missed any payments for 12 months. Well when you are in foreclosure the lender doesn't accept monthly payments so basically they had no intention on rectifying the situation and resolving the matter. The house is still not back in our name and there has been no resolution, the house is set to be in a Trustee sale again on XX/XX/XXXX. I feel like XXXX XXXX lies and is very manipulative and will do anything to benefit themselves only.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation