Consumer complaint received 2018-08-15
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
In XX/XX/XXXX, my wife XXXX XXXX and I executed a Loan Modification Agreement with Ocwen Loan Servicing, LLC for mortgage loan # XXXX, property address at XXXX XXXX   XXXX XXXX, XXXX XXXX XXXX XXXX. This was the only loan modification or refinance that I knowingly participated in. 
We separated in XX/XX/XXXX. I moved out of the home to honor my wifes desire to divorce me. I moved to XXXX County where most of my relatives reside. I am now living with my cousin in XXXX. 
We are currently undergoing a divorce at XXXX XXXX County Court ( case # XXXX ). We are in the final stages ; our judgment hearing to finalize the divorce and related matters which include custody of our children and the division or award of our community property in XXXX XXXX XXXX financed by Ocwen should be set at any time now. I am awaiting confirmation of the hearing date. 
Sometime in Spring of XXXX, I started to notice Ocwen loan servicing confirmations in our shared email ( XXXX ) that I rarely check. Any loan refinance or re-modifications that took place after our initial XXXX XXXX XXXX done in XX/XX/XXXX, was fraudulently done without my knowledge or signature. 
Currently, her parents live there and have lived there since the purchase of the home. Her father is a XXXX  Veteran and her mother is XXXX XXXX XXXX, confined to a wheelchair. XXXX and I paid the mortgage for them as her mother is XXXX. Sometime before our separation, XXXX changed mailing addresses of all Ocwen communications to the property address. In one of her loan modification agreements, she listed this address as our primary residence. I no longer had knowledge or access to any information regarding the property. When I logged on to their website, I was not able to access the account as a log on had been created for me using my personal information. 
She worked at XXXX XXXX located at XXXX XXXX XXXX XXXX # XXXX XXXX XXXX, CA XXXX during most of the loan activity that I was unaware of. She continued to conduct loan activity with Ocwen after our separation. 
I believe her knowledge and experience in the real estate loan signing process coupled with her familial and friendship associations at XXXX XXXX XXXX enabled her to carry out various loan activities without my knowledge or true signature. XXXX son ( my step- son ) XXXX XXXX has an aunt named XXXX XXXX who also worked at XXXX XXXX XXXX as an Escrow Assistant alongside XXXX who is also a Notary Public ( Commission # XXXX expires XX/XX/XXXX ). In addition, the notary who authorized my fraudulent signature for loan activity post XX/XX/XXXX is XXXX XXXX ( California XXXX # XXXX expires XX/XX/XXXX ). XXXX was her manager at the time of these unauthorized loan signings/activities. 
Sometime in late XXXX or early XXXX, both XXXX and XXXX were accused of misconduct regarding a mortgage loan matter that XXXX XXXX XXXX serviced. From what XXXX told me, there was no conviction due to the fact that both hers and Marthas notary books were burned in two separate fires leaving no evidence by which they could be found guilty. I do not have the court case number, but the case was heard in XXXX XXXX County Court. All the information about the court case was verbally conveyed to me by XXXX. 
Ocwen notified me that a Notice of Default was issued in XX/XX/XXXX. I did not and do not plan on seeking options to save this property from foreclosure because I feel Ocwen should retrace their steps with regard to the loan activities that took place without my knowledge. They noted in a response to my initial inquiry that they have not committed fraud. I dont believe they committed fraud, but they are responsible for the internal controls that failed. I was not present for any loan signings or applications submitted to Ocwen after XX/XX/XXXX. 
Due to Ocwen s oversight, I feel they legally owe me the opportunity to wait for the final decision in our divorce matter before they continue with foreclosure proceedings. Had my signatures, participation and knowledge been verified, this property would not be delinquent. As soon as I found out that XXXX was no longer making payments and that there was activity that I did not authorize, I fulfilled my due diligence and contacted Ocwen immediately. 
Depending on the decisions made in our divorce judgment hearing, if I am awarded this community property, I demand that Ocwen remove late fees, interest charged or other non-payment penalties from sometime in XXXX to present. I am willing to bring this account current and prevent my former in-laws from being displaced and being homeless. I visited her parents during the week of XX/XX/XXXX. I wanted to check on them and the property. From what had been taking place without my knowledge, I was concerned the property may have been abandoned, as the last payment was made in XX/XX/XXXX in the amount of {$14000.00} approximately. I was aware of this transaction, but the amount taken from our savings and insurance fund is quite different. XXXX told me she needed {$25000.00} to bring the mortgage current. 
At this point, I am not fully aware of my rights or who truly is responsible for this injustice. Ocwen has the ultimate power and capacity to withhold foreclosure proceedings. I am hopeful that the legal parties of each entity involved will assist in determining the best resolution in this matter. I have evidence of numerous other fraudulent activity conducted without my knowledge or true signature. I have filed Identity Theft complaints with the respective governing or enforcement agencies. In addition, I reported this matter to the State of Nevada Department of Business and Industry who have been unable to assist me further. 
I recognize some of this fraudulent activity may constitute a civil matter between XXXX and myself. However, before I can attempt to engage in civil litigation against XXXX regarding this Ocwen mortgage loan, the entity or entities involved have a responsibility to address and assess at which point did the mortgage loan process fail thereby allowing fraudulent activity to rampantly occur. I am confident my case is not isolated. Further investigations into the activities of Ocwen and or XXXX XXXX XXXX may expose a much larger impact on innocent consumers who have been wronged and taken advantage of with the aid of companies whose responsibility is to uphold integrity, enforce strict standards & guidelines to protect people such as myself and the XXXX resident confined to a XXXX  from fraud. Although XXXX XXXX mother or retired Veteran father are not victims of fraud, they will ultimately pay the highest cost as a result of Ocwen s failure to choose a more difficult approach to running a business and obtaining profit. 
I am also hopeful that the property will be awarded to me, as I have been honest thus far as compared to XXXX who has committed perjury with regard to omitting the concerned property from court documents. Ocwen refuses to recognize that my rights have been violated. A simple denial to accept responsibility is not enough to warrant the unimaginable tragedy they allowed to happen. I did not expect Ocwen to agree to accepting some responsibility. I am now seeking assistance from the governing agencies to correct this unfortunate situation. 
I designate my cousin, XXXX XXXX, as my authorized representative. Here is her contact information. Please cc me on all communications. 
XXXX XXXX XXXX, XXXX, CA XXXX | ( XXXX ) XXXX | XXXX XXXX

Company response to consumer: Closed with explanation