Consumer complaint received 2021-02-16
Company: Ocwen Financial Corporation
State: CO
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Closing on a mortgage

Complaint:
11 years ago, me and my wife filed for bankruptcy, so our credit was not good at all. In the bankruptcy our previous home on XXXX XXXX XXXX XXXX. was included in the bankruptcy. Over the years at times, we could not afford our mortgage ( late payments etc ) and would have to modify them this was probably done three to four times in a 6-year stretch and each time that we Modified with OCWEN the payments where always put on the back of the loan. At any time, we could have walked away with nothing owed but we ( me and my wife ) maintained our home. In or around XXXX of XXXX we entered into yet another Modification with Owen Home loans this was the final time. During this time, the notary they sent out came to us at least five times to have us resign papers either the signature was wrong, or the calculation was wrong etc. This can be seen buy the Modification papers in section 3. Where it says, first modify payment will be due on XX/XX/XXXX. If you look at the time, we signed the last time it was XX/XX/XXXX. This was the same person ( notary ) each time. If you look at the modification papers you will see that the notary had us ( me and my wife ) initial each page including a couple of pages that she notarized without our signatures on them to verify that we agree to that page, she said that this was so that it indicates that we read and understood each page. Each page that has a signature has the notary signature and notary stamp as well. She had us sign a signature page to verify our signatures during the first visit also notice on the signature page that next to our names it says witness signature there is no witness making the signature page not valid. So, our modification went through in XX/XX/XXXX we continued with payments that started in XX/XX/XXXX maybe {$100.00} or {$200.00} less than before. I always thought since we went to a 4.00 % interest rate that and the payments, we were behind in went to the back of the loan, I never thought that OCWEN was getting a second loan out in our name because it never was told to us and it does not indicate this on any of the documents that we signed. I have Documents sent to me from OCWEN showing my modification. So, me and my wife had fixed our credit and at this point of our refi in XXXX of XXXX, 8 years since our bankruptcy and where able to finally refinance our home. 
So, on XX/XX/XXXX we refinanced our home. At this time that we refinanced our home this is when we first were told of the lean on our home that was taken from XXXX for {$39000.00} this was never brought to our attention and we were never made aware of this loan/lean prior to our lender telling us this. In XXXX our income was low, and our credit was not good enough to refinance this the whole purpose of re modifying our loan. So, you will see in the closing statement of my refinance Document that XXXX is on there in the amount of {$39000.00} you will also notice that it shows everything that We are paying off and how much is being financed, this does not show this anywhere in our modification. On the top of the third page on my OCWEN Modification it shows the breakdown of my new modification also note it never indicates the amount that was previously owed on the loan. You will see on My buyers closing statement that was obtained by XXXX XXXX showing the balanced owed. After I refinanced, I requested the documents that they said I signed. If you look at the documents not one of the pages have been initialed by either of us including the notary page like they were on the Modification documents, none of the pages are numbered, there is a signature page that was added but this was used by the notary to verify our signatures and we were told thats all it would be used for, it was never used in our modification papers, there are no dates by our signatures showing when it was signed like the where in the modification paperwork, the notary page does not have our initials like it does on the Modification paperwork. 
I understand about companies inquire loans to offset modifications but what is not legal here is the fact that OCWEN obtained a loan in mine and my wifes name without our knowledge. There is nothing in the Modification paperwork that shows that this amount was offset to XXXX. There is nothing in any of the paperwork that shows that we signed for it. The notary is in the wrong as well providing a signature document that was to be used for verification and throwing it in to loan documents to obtain a loan. I believe that this was done illegally and that this violated mine and my wifes rights. This would be like me getting someones signature and social security number and getting a loan without their permission. JUST BECAUSE ITS A Mortgage company does not give them legal rights to do cause fraud or to break any laws. Even if you buy a car and you trade your old one in the amount is shown as a credit on your loan paperwork. I do understand that modification is less paperwork than refinancing or even buying a home but like my current home I have a lean on it, but I know about it and it is in my paperwork ( it was down payment assistance through my lender ) Thank You, XXXX XXXX XXXX Cell XXXX Work Cell XXXX XXXX XXXX

Company response to consumer: Closed with explanation