Consumer complaint received 2019-01-08
Company: Ocwen Financial Corporation
State: HI
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Previous Case # XXXX was closed for some reason - because Ocwen provided a response and explanation, however, my situation was NOT resolved and Ocwen 's response is completely incorrect. I am compelled to reopen another case. 

In an email from XXXX XXXX in the Ombudsman Office dated XX/XX/XXXX - It was stated that Ocwen was going to reverse all previous modifications completed on my account. It also stated that my Modification from previous servicer XXXX would be honored. Since then, Ocwen has completed two modifications on my account, however, none of these ever matched the XXXX monthly payment. It was still significantly higher. 1st Mod Completed/Executed in XX/XX/XXXX ( which is the one that was supposed to honor the XXXX Modification ) and 2nd Completed/Executed in XX/XX/XXXX. I was advised by Ocwen that if the terms were not satisfactory, that I could appeal and/or reapply for a new modification. All I ever wanted was for Ocwen to honor the exact terms of my XXXX modification. Yes it has since expired but it was never really honored to begin with. I applied for a new modification in XX/XX/XXXX and received a response back from Ocwen stating that I am denied because my " account is either 90 days or less than 90 days delinquent ''. Because of this letter, I went beyond 90-days delinquent and reapplied for a new modification in XX/XX/XXXX. I am now told that I am denied because I have " met the maximum amount of modifications allowed ''. On the denial letter dated XX/XX/XXXX, there was no mention of this. Upon opening my previous case with CFPB ( # XXXX ) - I began working with XXXX XXXX. XXXX advocated for me in trying to get the " Investor '' to agree to modify my mortgage account one last time. In an email from XXXX dated XX/XX/XXXX - it stated that my " account has reached the maximum number of modifications ( 3 ) allowed by the servicer but that he has reached out to the Investor to determine if an exception can be made to allow another modification. It was also verified with him via phone conversation that 3 is the maximum modifications allowed. I now realize that Investor approval was NOT necessary as there were only two actual modifications completed on my account. I was told just today by XXXX that allowing another modification was denied. However, I have not met the 3. I have only done 2 modifications so I should be allowed another. 

I also wanted to clarify a letter that I received from XXXX XXXX at Ocwen 's Ombudsman Office dated XX/XX/XXXX. Explaining all previous modifications done on my account - it states throughout the letter that X modification brought the account due for X through X installment. This is absolutely incorrect. As explained by my Attorney, upon my filing for Chapter XXXX - all delinquency gets placed in an " arrears '' account and payments made to my Bankruptcy Trustee covers that. Therefore, as of XX/XX/XXXX upon finalization of my Bankruptcy Chapter XXXX - I would have been due FOR XX/XX/XXXX. I had made all payments accordingly since filing. As already verified by Ocwen, in XX/XX/XXXX, previous Servicer XXXX had modified my mortgage in its entirety - so XXXXXXXX XXXX   statements referencing " satisfying X through X payments '' - is an incorrect and basically MOOT point. 

RECAP : XX/XX/XXXX - I am delinquent {$24000.00} with XXXX. 
XX/XX/XXXX - I file for Bankruptcy Chapter XXXX - Approved by the Court. 
XX/XX/XXXX - I pay accordingly each and every month thereafter. 
XX/XX/XXXX - XXXX modified my Mortgage and therefore, I am no longer delinquent. The {$24000.00} goes away ( as it is in the modification ). My Attorney moves to convert to Chapter XXXX as a result of this. 
XX/XX/XXXX - Ocwen acquires my loan as if none of the above ever occurred. Yes Ocwen tried to modify my mortgage terms and rectify matters but they failed to honor any of the above. Ocwen won't allow repayment on my account as they say that I am protected by Chapter XXXX. However, my Attorney says that Court documentation proves that I have reaffirmed my mortgage ( regardless that Ocwen did not send me an actual Reaffirmation Agreement ) - and that Court document DOES allow Ocwen to work with me on repayment terms. Per XXXX, their hands are tied. This is not correct. 

Where I stand today is trying to get Ocwen, to modify me one last time - and as I see - as explained all above - I should be allowed this. Documentation is attached and referenced by asterisk. I am only attaching a few pages of back up - as I have 3 LARGE files of back up. I am hoping that the backup provided will suffice. I would love to provide more backup if needed and on request.

Company response to consumer: Closed with explanation