Consumer complaint received 2017-05-12
Company: Ocwen Financial Corporation
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
During my  Chapter   XXXX  bankruptcy,  XXXX  failed to submit  a Proof of Claim. Ocwen 's la wyer instead filed a motion to dismiss my case with a motion that contained entirely wrong information, such as the amount of my monthly payment and the amounts due and past due, which was central to my entire bankruptcy case 's monthly payments to the truste e. Ocwen 's lawyer a ppeared in court and lied to the judge. After that case was dismissed, I applied for a HAMP modification in  XXXX    XXXX  . They told me it would take 30 days to see if I 'm approved , Ocwen re presentative instructed me on the telephone, to not make any payment until the decision is made. 5 months later, on    XXXX   XXXX   XXXX  , I   was approved for the HAMP modification program. ( with taking 5 months repeatedly asking me for same docs which in turn increased my overall debt as  Ocwen simply  added the past due amount onto the balance, raised the rate and added a balloon payment ). On the evening of    XXXX   XXXX   XXXX     , a process server pounded on my door, serving me with a foreclosure lawsui t -- -5  days after I was approved  for HAMP! On     XXXX   XXXX   XXXX     , I telephonically contacted the counsel who signed the foreclosure complaint, who informed me that it was human error, that the dept. a t Ocwen who is responsible for notifying of such, failed to contact their law firm and inform them that I was in HAMP and to stop the foreclosure action. The attorney told me that I was approved for modification on a Friday, then there was a weekend and then two days later, they filed the action with the court because Ocwen had forgotten to contact them about it. They advised me t  hat they would not be prosecuting the foreclosure. However, the judge set hearings in that case, and Ocwen continues to bill me to date, for the filing fees for filing an illegal foreclosure, in violation of federal HAMP laws, simply because Ocwen failed to inform their outside counsel. I should not be billed for any fees related to Ocwen 's   own federal crime. The erroneous foreclosure case remains on the  XXXX   XXXX   XXXX  public docket forever, has damaged my credit, and has caused me humiliation and continues to.  Ocwen dual-tracked me by continuing to move forward with the initiation of a foreclosure action at a time when I was actively in HAMP. Ocwen continues to bill me for fees and costs for filing said illegal action. I was advised by an Ocwen representative to write to their " research department '' to ha ve those fees removed from my account, which I did, several months later, the research dept. responded by just telling me that the fees were incurred when they filed the foreclosure action. However, they did not remove said fees from my account, instead, just adding more unexplained fees each month.  Ocwen 's filing of a foreclosure action, which are the filing fees added to my acct., was illegal in that it violated federal HAMP laws and laws against dual-tracking. It is useless to call Ocwen as their employees are overseas, do not speak fluent English and are just reading from a script. I entered into the HAMP program with Ocwen, only after I read and understood The Economic Stabilization Act in its entirety and with the hopes that the United State 's federal  law would somewhat protect me from  Ocwen 's abuses. Yet Ocwen flagrantly vio lates federal laws anyway.

Company response to consumer: Closed with explanation