Consumer complaint received 2021-05-03
Company: Ocwen Financial Corporation
State: IN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
PHH Mortgage received my XX/XX/XXXX payment on XX/XX/XXXX. They received XXXX XXXX payment which was cashed on XX/XX/XXXX, and XXXX XXXX payment due to late delivery via USPS was cashed on XX/XX/XXXX. 

In XXXX, I received a letter from their attorney stating they are initiating foreclosure and I had 30 days to dispute it. I immediately looked through my records because I was about 2 or 3 weeks behind and that was just due to getting through the holidays. As I was gathering my proof that I was not anywhere near foreclosure I received a summons and complaint on XX/XX/XXXX, that foreclosure was filed on XX/XX/XXXX, not even giving me the opportunity to dispute their claim, I still sent my proof to the lawyer. 

PHH Mortgage claims that as of XX/XX/XXXX I was due for XX/XX/XXXX. According to my records as of XX/XX/XXXX, I was only due for XXXX. In addition to that, they received XXXX XXXX payment on XX/XX/XXXX. ( It went out late due to the holidays ). PHH received my XXXX payment on XX/XX/XXXX, and received XXXX 's payment on XX/XX/XXXX, ( I wasn't sure if I should send it or not, but decided to ). 

I answered the lawsuit with the same info I'm telling you, and also filled out paperwork for a settlement conference. Their lawyer called me 2 weeks ago to set that up and said he's sending me a financial packet I need to fill out. I told him I'm not interested in a loan modification as we aren't the cause of the foreclosure and weren't late. His response was, " well you are now. '' I do not want my loan modified unless it's better than what I've already got. And I don't feel we should have to pay all these foreclosure fees when I've sent the payments in. They started returning my checks in XXXX. 

Based upon their payment ledger they have not cashed/credited XXXX XXXX payment and per my records, my payment intentions have not be applied to my account as I feel they should had ( which I feel is the only explanation as why think I am late ). They also did not cash/credit the XXXX or XXXX payment, both received before foreclosure was filed. They returned to me uncashed, a copy of the XXXX and XXXX checks. 

From XX/XX/XXXX through XX/XX/XXXX I had been paying an additional {$100.00} per check because I had been running behind and I was trying to get the account current. So I skipped XX/XX/XXXX and paid {$100.00} extra per check from XX/XX/XXXX through XX/XX/XXXX, which the XXXX check paid XX/XX/XXXX in full, then from XX/XX/XXXX through XX/XX/XXXX I did the same thing for XXXX. I also paid a late fee of {$20.00} for the majority of all the months to pay for the month the check was for. Since I paid more than was actually due for the late fee, ALL late fees have been paid but yet they are still saying I owe for late charges. To me the account was current as of XX/XX/XXXX including all late fees ( this is the month they are going by ). And I continued to pay up to XXXX 's payment. 

They also are claiming I have to pay a NSF, but I've never had a returned check from all the checks I've gone through. 

Per their statements, they say Payment due on XX/XX/XXXX Fully paid on XX/XX/XXXX. But they received that payment on XX/XX/XXXX and have never cashed it. It then goes on and reads payment due on XX/XX/XXXX, I say that was cashed on XX/XX/XXXX. It goes on to read payment due on XX/XX/XXXX, I say that was cashed on XX/XX/XXXX. It goes on to read payment due on XX/XX/XXXX, I say that was received on XX/XX/XXXX and not cashed. It goes on to read payment due on XX/XX/XXXX, I say that was received on XX/XX/XXXX and not cashed .... So you have these payments plus an extra {$100.00} a month from XXXX to XXXX to pay for XX/XX/XXXX and XX/XX/XXXX and a late fee paid for every month, and the purpose of that was not to get the account current then have hundreds of dollars of late fees lingering. How can I be behind on the loan when there has been a payment received by them for every month? 

Since I've had lost payments with PHH when they took over in XX/XX/XXXX, I started sending all my payments via XXXX/USPS shipping. All shipping labels are purchased via XXXX and shipped with USPS Delivery Confirmation so I would have proof payment was received if it ever happened again.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation