Consumer complaint received 2019-10-07
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
In XXXX, I had the privileged to build a brand new home with my family. XXXX XXXX XXXX XXXX XXXX owns the loan, but they retain XXXX, XXXX XXXX, OCWEN and now PHH Mortgage to handle the loan servicing for them. XXXX went out of business, and the loan servicing pass to XXXX XXXX. In XX/XX/XXXX, due to a divorce and medical bills, I felled behind on my property tax and mortgage payment. 
In XX/XX/XXXX, I reached to XXXX XXXX for a loan modification, however they denied the request, stating that the investment banking company do not provide such service to struggling home owner like me. 
In XX/XX/XXXX, I filed for Chapter XXXX to secure the property with a promissory note to payback all of the arrears ( property taxes and mortgage ), and continued to make the monthly mortgage as required by the loan agreement. 
On XX/XX/XXXX the United States Bankruptcy Court approved the Chapter XXXX, Case no. : XXXX to proceed with the term of 60 months at {$990.00} per month for the arrears of property tax and back mortgage payment. In addition, I had to continue to maintain the current payment of {$3600.00} per the Chapter XXXX agreement. 
I fulfilled the Chapter XXXX agreement by making the required monthly payment to the Trustee in the amount of {$990.00} per month, alongside keeping up with the current monthly mortgage payment of {$3600.00}, by sending the payment directly to the servicing company XXXX XXXX. 
In XX/XX/XXXX, XXXX XXXX  raised the monthly mortgage to {$4100.00}, and in XX/XX/XXXX, the monthly payment raised to {$4800.00} despite the Chapter XXXX requirement and the case was still in full force. But in XX/XX/XXXX, the servicing company changed to OCWEN Servicing Company. The root cause of the problem occur between XXXX XXXX and OCWEN Servicing Company when the transition of loan was not handled properly. 
I continued to make the monthly payment per the court in the amount of {$4100.00} up until Chapter XXXX payment and requirement was fulfilled, satisfied and discharge on XX/XX/XXXX. 
The arrears and monthly payment was satisfied as I have fulfill the commitment and agreement set forth by the court. I continued to make my regular monthly payment in the amount of {$4200.00} monthly to OCWEN. The monthly mortgage payment was accepted and continued up until XX/XX/XXXX, when OCWEN rejected the monthly payment of {$4200.00}. On XX/XX/XXXX, OCWEN send me a Pre-Foreclosure Notice demanding the amount due as stated below : I reached out to OCWEN to get this matter resolved, but no resolution was provided. I seek help with a Foreclosure attorney, who ended up taking my money but didnt resolved anything in this matter. In XX/XX/XXXX, I resorted to file a complaint with the Consumer Financial Protection Bureau in order to protect my home from going into foreclosure and hoping to work out a resolution with the OCWEN Servicing Company. Since my filing with CFPB, OCWEN never responded to my complaint nor did they ever contacted me with a resolution. 
Until XX/XX/XXXX, I received a notice again that a new servicing company with the name PHH Mortgage will take over servicing my loan. On XX/XX/XXXX, a NOTICE OF TRUSTEE SALES was posted at my home. The notice indicated that the Foreclosure preceding to take place on XX/XX/XXXX. Once again, I reached out to file a second complaint with CFPB and requested PHH Mortgage to provide a detail of the delinquent amount and how they arrive to this outrageous amount. PHH Mortgage responded to the complaint only to state that all of the amount I paid was applied accordingly. The respond said they would put the Foreclosure on hold until a resolution was made. 
Unfortunately, on XX/XX/XXXX, a SECOND NOTICE OF TRUSTEE SALES posted at my home once again, with a sales date of XX/XX/XXXX at XXXX. I registered with PHH Mortgage on XX/XX/XXXX in order to work out a resolution in order to save my home. To my surprise, I notice the status of my loan indicated that my next payment due date was XX/XX/XXXX. How can that be, this means that the servicing company did not apply any of the payments I have made from XXXX to XXXX, pre and post Chapter XXXX ; otherwise, the loan activity would not reflect this on their portal : The loan activity and the latest statement as of XX/XX/XXXX from PHH Mortgage indicated that I am now in DEFAULT in the amount of the following : The default continued to grow since the inception of the Chapter XXXX, the servicing company from XXXX Bank to OCWEN and now PHH Mortgage NEVER apply any of the payments that was made by the United State Bankruptcy Court and my regular payment. This is seriously a FRAUD. 
If the investment banking XXXX XXXX  really wants this home, I am willing to give it back. But in return, I want my payment back in the amount of {$280000.00}, during the year XXXX, pre and post Chapter XXXX. When the payment is return, I will then release all liability and I will release the Deed, the minute I received the payment back. If no payment is return, I ask for a compromising agreement to remove the Foreclosure status, and allow me to continue to live in the home with a reasonable monthly payment of {$3600.00} as indicated by the court during Chapter XXXX.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation