Consumer complaint received 2021-05-23
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX, I hired Attorney XXXX XXXX XXXX to represent and defend me in a wrongful foreclosure and wrongful Eviction against XXXX XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX. XXXX XXXX was negligent the entire course of the case. XXXX XXXX fail to present or argue anything that he had written in his complaint. This is what the defendant attorney had to say in her conclusion, plaintiff failed to state a single viable claim against Defendants. 

My case was dismissed even though it had run from XXXX XXXX thru XXXX XXXX and had been set to go to trial XXXX XXXX, XXXX XXXX asked that the case be dismissed. He has never informed me that the case was dismissed. I called, email and nothing from XXXX XXXX or XXXX or the courts, even unto this day. 
XXXX XXXX presented ten complaints in my case with exhibits A-G, out ten complaints four were violation of Civ. Codes but he never defended any of them. Out of all the conference meetings, there were only Demurrers by the defendants. In reading the court documents I saw that most of the time XXXX XXXX nor his assistant were there for the Conference meetings ; he or she would be on the phone. 

Surplus money ; Attorney XXXX was hired to get my home back. I asked that the surplus not be file because I had been told if I get the surplus I could not fight for my home. However, I did sign to get the surplus in case I lost my home. XXXX XXXX applied for the surplus immediately and it was issued to him on XX/XX/XXXX by XXXX XXXX XXXX XXXX XXXX, XXXX in the amount of {$340000.00} in my name. XXXX XXXX deposited the check and issued me a check in the amount of {$240000.00} and kept the balance of {$100000.00}. I believe according to CA law the pay to get a surplus is from XXXX to XXXX dollars. If you will notice there has not been a trial, not even a preliminary. He has not done. 
I came in contact with XXXX XXXX XXXX through XXXX XXXX XXXX XXXX XXXX headed up by XXXX XXXX who claimed they could help me with my foreclosure and they had the lawyers on hand and I hired XXXX XXXX XXXX XXXX XXXX XXXX. The Contingency Fee was signed under XXXX. XXXX See attached ) All my information was taken over the phone and a notary public came to my home to have everything notarized. I never met attorney XXXX XXXX, I asked to but never allowed to. I had very little contact with these groups. Mostly the XXXX was trying to get me in a reverse mortgage with what little money I had. XXXX & XXXX supposedly work together, it looks like XXXX XXXX runs the show. The XXXX was supposedly working to get you a place to live in case you lost your home while the XXXX is working to get your home back. As I look back, they both were working to get the surplus only. Once they got the surplus the game was over. 

I paid this loan consistently on time without having late fees each month from XXXX XXXX until XXXX of XXXX when I was transferred to Ocwen Loan Servicing, LLC. I had the same consistency with Ocwen until XXXX of XXXX, when I ran out of money. I tried to get a modification three times and Ocwen refused me. Two of the modification were submitted to Ocwen by a foreclosure realtor and an attorney. 
The case was filed XX/XX/XXXX. During the preliminary court I knew nothing that went on, XXXX XXXX never reached out nor XXXX XXXX. They did not give me the case number the only way I knew that the court was going my granddaughter and I went downtown to XXXX XXXX courts and she found the case number. We tracked the case on the internet and saw that it was mostly hearings on demurrers. 

This is from the defendant document ; Ocwen serviced XXXX XXXX ' Loan on behalf of the beneficiary XXXX XXXX XXXX XXXX XXXX XXXX XXXX FOR XXXX XXXX MORTGAGE XXXX XXXX XXXX MORTGAGE PASSTHROUGH CERTIFICATES SERIES XXXX ( " XXXX XXXX This should not supersede my contract which was before this transaction. ( see attached ) This is what I found on the web ; ( I noticed that, on XX/XX/XXXX, XXXX XXXX XXXX XXXX ( the Company ) entered into a Pooling and Servicing Agreement dated as of XX/XX/XXXX XXXX the Pooling and Servicing Agreement ), by and among the Company, as depositor, XXXX Bank, XXXX. XXXX XXXX XXXX, as seller and servicer, and XXXX XXXX XXXX XXXX XXXX, as trustee ( the Trustee ), providing for the issuance of the Companys XXXX XXXX Mortgage XXXX XXXX XXXX ( the Issuing Entity ), Mortgage Pass-Through Certificates, XXXX XXXX ( the Certificates ). The Pooling and Servicing Agreement is annexed hereto as Exhibit 4.1 ) Pass-through certificates are fixed-income securities that represent an undivided interest in a pool of federally insured mortgages. 
I had no knowledge that I was a was in a trust for XXXX Bank. When I was transferred into Ocwen I was not to be affect any term or condition of my mortgage contract. XXXX violated their contract with me by taking my loan and putting it in a trust with XXXX Bank. My loan with XXXX was prior to this pass-through certificate. My loan begins in XXXX and this pass-through begin in XXXX. 

I was given notice of a foreclosure date for the sale of my property which was to be held on XX/XX/XXXX. I did not hear anything from any one whether it had been auctioned off until about two weeks, when a man name XXXX XXXX came to my door said he was representing a third-party group who brought my property, he would not give me the name of the party. 
The property was supposedly have been foreclosed in CA XXXX but the deed was signed in Georgia on XX/XX/XXXX. According to CA law the deed must be signed in the county in which the property is located. This property is a duplex located in the state of California it is one house with two addresses on the same lot, two units. 
It is my understanding once the bid has been accepted the payment is made on that day and the buyer claims the property at that time. If the property was foreclosure on XX/XX/XXXX why was not I notified immediately nothing was said to me until the deed was signed in Georgia? To this day I have not seem any document of the foreclosure. 

On XX/XX/XXXX the harassment begun. XXXX XXXX, came to my home and told me that a third had-party had purchased my property and asked me what were my plans. I told him I had an attorney that was handling that, he asked why, I can get you a better attorney. He continued to talk until I told him I was not interested, then he left he went across the street and gave a card to gentleman name XXXX XXXX, I assumed he was his lawyer. XXXX wanted to give me XXXX XXXX dollars to move. I refused and told him to leave after about three times of leaving and coming back, he left for good. A little later XXXX came back with a locksmith to change the locks on the vacant unit. I told him if he did not leave, I would call the police so they left. Early the next morning he came back with the locksmith and changed the locks. He came without any permission or a sheriff, no official person had contacted me nor was I ever contracted. That same evening an old man, who look like he came off the street, came and blocked my driveway. He sat in his vehicle all day every day until someone let him inside of the unit. He moved in but still keep the driveway blocked. On the second day some young men came and parked behind the old man car. ( two cars blocking ) They got out of their car and begin to walk up and down the driveway laughing loud and drinking something in cups however they left in a few hours and never returned. 

People were in and out of the unit all the time. For the next two months we are blocked and can not get out. This old man did everything he could think of to harass us. He went as far as letting off stink bombs. 
We had to send out to get what we needed. If this was a true foreclosure why was this going on. All they had to do was to show me a true deed or had the sheriff come and put me out. Never did an official come out on their behalf. While all this is going, Im calling XXXX & XXXX for help, sometimes XXXX XXXXaralegal or someone in the office would give some advice but no one demanded that these people stop harassing us and leave. 

NOTICE to vacate the property On XX/XX/XXXX, I get a notice to vacate the premises by XX/XX/XXXX. The notice was stamped in an office in XXXX XXXX. When I received this notice immediately went to that office where this notice was signed. I asked the officer on the desk did they send out notice to vacate. He said no, it is done at the office down the street or downtown XXXX XXXX. see attached The selling of the property and many deeds See many transactions while the case is still in court On the XXXX deed shows only one address XXXX XXXX XXXX is it legal to sell half of house in Ca? I looked up address for XXXX and it shows no property owners found? 
My credit score was not affected in facts it has grown. According to XXXX, for borrowers with a good credit score, a foreclosure can drop your score by 100 points or more. If your credit score is excellent, a foreclosure could reduce your score by as much as 160 points. Typically, it will take three years or more of on-time payments to restore the credit score.

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