Consumer complaint received 2021-06-24
Company: Ocwen Financial Corporation
State: DC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I filed a previous complaint # XXXX. The company responded on XX/XX/XXXX. However, they failed to send me a copy of their response. Their response is focused on their interaction with the loan owner rather than addressing whether or not they violated my rights as the Successor-In-Interest ( SII  ). 

They stated that in XXXX, I " submitted documents to review the account for modification assistance, however, each time the modification review was cancelled as you failed to submit the requested documents within the stipulated time frame to proceed with the modification review. Enclosed are the copies of the cancellation letters for your review. '' The cancellation letters were never received because they were sent to the wrong address. The address on the application for modification is clearly the addresss of the property not that XXXX. XXXX. Hence, I never received any documents and can not be held accountable for not receiving documents. In addition, when I contacted the company they refused to allow me to check on the status of my application. ( See attached email dated XX/XX/XXXX. ) They further stated that there were no calls or written correspondence from me from XXXX to XXXX. That can not be true given that my name is not on the loan and I was unknown to them until I submitted my divorce decree in XXXX and subsequent correspondence. In addition, if there was no calls or written correspondence from me then how on earth were they able to sue me for forclosure in XXXX. Then dismissed the case without prejudice when they realized I was not on the loan. 

In their response they stated, " Upon review of the court order, on XX/XX/XXXX, you were added as teh Successor-In-Interest ( SII ) on the account. '' However, they provided no documentation of such letter for review. The letter was sent in XX/XX/XXXX which I attached to the previous complaint as evidence that they violated my rights. 

Documents that should have been sent to me were sent to the wrong address. And the other documents were to Mr. XXXX pertaining to his trial modification plans that I had no knowledge of. Hence, I can not be held accountable for that information especially since they company refused to provide me any information on the account. Even the PHH Ombudsman sent a letter in XX/XX/XXXX stating they could not provide me information on the account. 

They stated they received documents for modification assistance which is currently under review. You will be provided withthe outcome shortly. '' Ironically, the next day a letter dated XX/XX/XXXX denied the modification. However, the did not evaluate a Repayment Plan. And I did not receive the letter by mail. I just happened to call the company because the 30 days were up. Had I not called, I would have no knowledge of the letter and I would have missed an opportunity to appeal. 

Lastly, the question that has not been addressed is ... Did PHH violate my rights as the SII and did they comply with the CFPB regulations regarding SII policies? Yes, they did.

Company response to consumer: Closed with explanation