Consumer complaint received 2022-05-20
Company: Ocwen Financial Corporation
State: FL
Product: Mortgage
Sub-product: Reverse mortgage
Issue: Struggling to pay mortgage

Complaint:
I am a XXXX XXXX XXXX XXXX  citizen. My wife and I signed a Home Equity Conversion Note and Mortgage in 2008. We are both signatories on each document. My wife, XXXX XXXX, was listed as a married woman, on the deed. My wife later passed away in XXXX. For several years I struggled to make payments on the taxes and insurance, although I entered into a repayment plan with my insurance company in XXXX. My understanding was that the plan would bring me current. 

In XXXX, XXXX a foreclosure action was initiated against me. I immediately sought assistance from XXXXXXXX XXXX XXXXXXXX XXXX XXXX of XXXX Florida who assisted me with preparing and submitting an application for a repayment plan. The documents were emailed to PHH ( my servicer ) on XX/XX/XXXX. I never received a response. I sent follow up emails to either PHH or their attorney on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. On XX/XX/XXXX I finally received a response from PHH ( through their attorney ) that the application had never been received. I immediately submitted the application again ( the same day ), this time directly to the attorney for PHH. 

I followed up to ensure it was received again on XX/XX/XXXX and XX/XX/XXXX. On XX/XX/XXXX, the attorney for PHH advised me that they could not review my application for a repayment plan until I submitted a Certificate of Occupancy. However, the document they provided me to fill out was in my deceased wife 's name only ( XXXX XXXX ). I advised that the document was not in my name and so I was unable to sign it. On XX/XX/XXXX I received the below email from the attorney from PHH : XXXX : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX  XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ; ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ________________________________________ Good Day, PHH Mtg reverse informed the spouse XXXX XXXX XXXX not shown as a coborrower on this account and so a Repayment Plan would not be an option, so the occupancy certificate is not needed. 

In order for the spouse to go ahead they would have to apply for the Non Borrower Spouse ( NBS ) program, however there would need to be no default balance at time of death, if there is a balance due it needs to be cleared before this can be completed. 

The default balance on this account is {$44000.00}. ** This was the first time since my wife had passed that I was ever advised that I was not able to enter into any agreement on this account. I am a borrower on the loan and am entitled to all of the rights and obligations of any other borrower. Under Florida Law, I am provided by operation of law, at a minimum, a life estate interest in the property, as surviving spouse of the property owner, XXXX XXXX. Florida Statute XXXX ( 1 ) states If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property, but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedents death per stripes. 

Accordingly, a surviving spouse is not required to do probate to obtain a life estate in their homestead property in Florida. Nevertheless, PHH told me that I need to apply for a non-borrowing spouse program. 

Given the above, I am requesting that action be taken against PHH to ensure that I am permitted to apply for a repayment plan so I can save my home.

Company response to consumer: Closed with explanation