Consumer complaint received 2022-05-25
Company: Ocwen Financial Corporation
State: PA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I am a XXXX XXXX XXXX, negotiating a Short Sale with PHH on behalf of an Estate in the state of Pennsylvania. 
We submitted a complete package ( loss mitigation assistance application, Estate documents, listing documents, offer documents, etc. ) to PHH on XX/XX/2022. They were confirmed as received by XXXX with PHH on XX/XX/2022. 
On XX/XX/2022, XXXX with PHH requested a revised Mortgage Assistance Application. We were told we needed to put zeroes in the financial columns to show that there was no income/expenses and to make it very specific. Those changes were made, a very large " BORROWER IS DECEASED '' watermark was placed on each page, and it was re-submitted on XX/XX/2022. 
On XX/XX/2022, XXXX with PHH confirmed that the revised Mortgage Assistance XXXX had been received and was submitted to underwriting for further review. 
On XX/XX/2022, I spoke with XXXX at PHH. She informed me that the account had to be put through Loan Modification review before it could be sent to the Short Sale team for review. I asked XXXX to please request that the file go directly to Short Sale review, as the Borrower is deceased and there is no one to assume responsibility of the loan. She put in the request for this to take place. 
On XX/XX/2022, I spoke with XXXX at PHH again. She informed me that the file had been sent to Short Sale for review. 
On XX/XX/2022, I received a call from our Account Manager at PHH for this file, XXXX XXXX. XXXX confirmed that the file was sent to Short Sale for review, BUT in order for them to start the review, they would need the Short Sale documents ( such as mortgage assistance application, listing documents, offer documents, etc. ). I told XXXX that documents were sent on XX/XX/2022 to XXXX, to which he replied that that email no longer exists... I told him that on XX/XX/2022, XXXX confirmed receipt of the documents that were sent on XX/XX/2022. He then confirmed that they had been received. XXXX told me that he would be escalating this file to the Short Sale team so they could begin their review. 
On XX/XX/2022, I spoke with XXXX at PHH. He told me that the escalation did take place on XX/XX/2022, and could take up to XXXX business days, but assured me it was being reviewed by the Short Sale team. 
On XX/XX/2022, I spoke with XXXX at PHH. When I asked for an update on our Short Sale review, she put me on hold to check on it. She came back on the line and made me aware that there was NO application that was opened for Short Sale review. I told XXXX that XXXX, our Account Manager, escalated the file to the Short Sale team for review. XXXX told me that she would re-escalate the file to the Short Sale team, but it could take XXXX business days. 
On XX/XX/2022, I spoke with XXXX at PHH. She told me that they needed to verify Successor in Interest information before they could move forward. I explained to XXXX that Successor in Interest does NOT exist in the state of Pennsylvania. There is no " Executor 's Deed '' giving ownership rights or personal liability of the loan to any other party besides the Estate itself. A court-ordered Short Certificate is issued, which gives the named party the rights to make all decisions on behalf of the Estate. XXXX reached out to Underwriting AND a Manager for me to explain the Successor in Interest situation. I was transferred to an Escalation Manager at PHH by the name of XXXX who informed me that we should be okay to proceed without Successor in Interest XXXX. 
XXXX transferred me to XXXX, a Short Sale XXXX at PHH, to explain the situation as well. XXXX asked me if we submitted the " Assignment of Mortgage '' ... I asked her to please clarify that, as we do NOT have any Assignment of Mortgage. She then told me that if we don't have it, we need to provide the " Deed ''. She clarified that she was talking about the XXXX 's Deed, transferring ownership rights from the XXXX to the Executor/Administrator. I explained to her the same information regarding the XXXX in XXXX and that it does NOT exist in Pennsylvania. There is no such Deed transferring those ownership rights to anybody prior to the sale of the property to the Buyer. At the time of the sale, the Deed is transferred directly from the XXXX to the new Buyer. XXXX opened a task for this to be looked into, and told me if she needed more information, she would call me back. I never received a call back from her. 
On XX/XX/2022, I spoke with XXXX at PHH. He stated that there was a request raised to the Short Sale team, BUT it had been closed. Upon checking why it had been closed, XXXX informed me that documentation was needed to confirm XXXX in XXXX. He stated there was a letter that was sent out requesting Successor in Interest documentation, but after explaining the Successor in Interest situation again, he confirmed that we would be moving forward WITHOUT Successor in Interest documentation. 
On XX/XX/2022, I spoke with XXXX at PHH. They reviewed the account and confirmed that PHH had a complete application for the Short Sale. 
On XX/XX/2022, I spoke with XXXX at PHH. XXXX stated that PHH was in need of a Driver 's License for the Executor, XXXX XXXX XXXX XXXX and a document showing that he is able to make decisions on behalf of the Estate. I was told to submit the documents to XXXX. I sent the Executor 's Driver 's License AND the Short Certificate to that email address the same day. 
On XX/XX/2022, I received a secured email from XXXX stating that they received the documents. They told me that they had already updated their system and have confirmed XXXX XXXX XXXX XXXX as the Executor. I sent them a message through the secured portal and asked what out next step is. I also asked if the Short Sale review will be opened now for this file. 
On XX/XX/2022, I spoke with XXXX at PHH. XXXX told me that he can not discuss the loan with me because I am NOT the customer... I needed to go online and download a mortgage assistance application and submit it for review. I told him that we already submitted everything we needed to for the review on XX/XX/XXXX... He checked the account, but stated he could not see any documentation. He did state that there was a short sale requested, BUT there was no open application for loan modification and/or short sale. I told him I needed to be escalated or transferred to a manager. He told me he would put a note in the system that I requested an update but that would be all he could do. 
On XX/XX/2022, I spoke with XXXX at PHH. I asked him for an update. He told me he would be escalating the file to the Short Sale team, and that the review could take XXXX business days. 
On XX/XX/2022, I spoke with XXXX at PHH. She told me that PHH was proceeding with a loan modification review, and once that was finished, they should be proceeding with the Short Sale review. She then placed me on hold to check on the documentation and see if anything else was needed. She told me that the loan modification review was actually closed and the file was sent to Short Sale for review. 
On XX/XX/2022, I received a call from XXXX, a relationship manager at PHH. XXXX told me that there were no updates on our Short Sale review and that I should have an update by the next Monday, XX/XX/2022. 
On XX/XX/2022, I spoke with XXXX at PHH. I requested an update on our Short Sale review, and he simply asked me if I received the letter... I asked XXXX to please clarify what letter he meant? All he stated was that it was for the Short Sale. XXXX then told me that he believes we were still under process for assuming the loan... I asked XXXX WHO was assuming the loan? He stated that the Executor is, and that they need Successor in Interest information to proceed. I explained that that absolutely will not be happening. Successor in Interest does NOT exist in the state of Pennsylvania. XXXX started to say that I had a scheduled call back with our Account XXXX on XX/XX/2022 and they would be able to help me at that point in time. I told XXXX that that is not acceptable, and that I needed an update prior to that as it was about 2 weeks away. I explained that XXXX had told me on XX/XX/2022 that I would have an update on the account by Monday and that if XXXX could not provide me one, I needed this file escalated to a supervisor or XXXX immediately. He checked if one was available for me, and told me that no one was. He said I should be receiving a call back from a manager in 2 business days. 
On XX/XX/2022, I spoke with XXXX at PHH. He asked me if I had confirmation that this file was sent to the Short Sale team for review. I told XXXX that I have been told by TWO different Account Managers at PHH, XXXX and XXXX, that this file has been sent to the Short Sale team for review. He informed me that there is a Successor in Interest process that is currently taking place on this file because the Borrower is deceased. XXXX also made me aware that the review could take up to 60 days. I asked XXXX to please transfer me to a manager so I could speak with them. 
I was transferred to a manager by the name of XXXX. XXXX told me that as far as the process is concerned, there was a request that was placed for the file to be reviewed by the Short Sale team. XXXX then brought a Resolution Specialist by the name of XXXX to help me further. 
The Resolution XXXX, XXXX, told me that the exact reason for the delay is because someone is required to assume responsibility for the loan before they can proceed with a loan modification OR short sale. I told him that absolutely will NOT happen. The Estate is responsible for the loan, and the Estate is being represented by XXXX XXXX XXXX XXXX, who decided the best route for the property would be a Short Sale due to the Insolvency of the Estate. There is NO Executor 's Deed giving XXXX XXXX XXXX XXXX  ownership rights of the property and there will not be. He is simply the Executor, NOT Successor in Interest. XXXX stated they were only following the FDCP ( Fair Debt Collection Practices Act ) Law and until someone assumed responsibility of the loan, they would not be proceeding. I let XXXX know at that point that we would be filing a complaint with CFPB because PHH is NOT abiding by the laws of Pennsylvania.

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