Consumer complaint received 2018-01-23
Company: Ocwen Financial Corporation
State: OH
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My account number with Ocwen is XXXX. My name is XXXX XXXX. This complaint is in regards to Ocwen who is illegally foreclosing on my home. They are in violation of RESPA section XXXX in regards to all aspects of the Law with the handling of loss mitigation assistance and filing for foreclosure. They are also continuing with business practices that was found by the CFPB in their recent enforcement action particularly to Illegally foreclosed on homeowners. I have tried for several months to seek assistance from Ocwen. Each time I call, I am routed overseas. Their Loss Mitigation is not handled in the United states, the Relationship Managers ( RM ) are all overseas. There is a huge disconnect when speaking to these individuals. They are hard to understand, and do not understand what I am saying. I have issued my Application for assistance along with income docs and my letter of hardship over five times now. Each time they time me, they did not receive it or it is not legible. I am losing my home because the lack of accountability from Ocwen and their Third Party Oversight. 
I have continuously called into Ocwen checking on the status of my review for assistance. Each time I was told what I stated above and had to start all over. On XX/XX/XXXX, I called into check once again since I have not heard from anyone, and I was told my home is going to foreclosure sale on XX/XX/XXXX ( TODAY ). I received NO notice of this. I thought I was being received for loss mitigation assistance. 
I am on Social security XXXX due to having XXXX My Mother who is elderly, just suffered from a XXXX XXXX XXXX also is on the Note and lives with me also on Social Security. There practices are UDAAP! Mt mother and I have no where to go because of there mishandling of my application for assistance and NO notice of the Foreclosure sale. 
I had to go out on XX/XX/XXXX and take a title loan out on my car for {$1500.00} to retain a Bankruptcy lawyer to file Bankruptcy to try and save my home! This is now another debt I incurred due to the fact my application for loss mitigation assistance was mishandled. Plus, now I had to file Bankruptcy just to TRY and save my home! 
I spoke with employee Suras, employee ID XXXX on XX/XX/XXXX. I explained to him, I had returned my application along with the requested docs sever times. His response was no you did not and when we did receive something it was not eligible. Let me advise you, I was never told there was an issue of any sort unless I called in! I was told, there records show the number they called was invalid! WRONG! My number is the same number I verify every time I call! 
On XX/XX/XXXX- I personally scanned and emailed all the requested documents 4 times and called in each time and was again told either one not received or 2 not legible. I am loosing my home over this! I did everything I was asked EVRY TIME! 
I would like to point out, they had a facially complete application. Under RESPA, Ocwen received my facialy complete application 45 days prior to any Foreclosure. Ocwen did NOT exercise reasonable diligence to make an incomplete application complete! Although providing a notice to the consumer about the information or documents that are missing from the application is a required step for applications submitted 45 days or more before a foreclosure sale is scheduled ( or when no sale has been scheduled ) which they DID NOT DO. Nor did Ocwen take additional steps to comply with the reasonable diligence standard! 
I was continuously told, Ocwen does not consider a facially complete application. My house is being foreclosed on because they only had a facially complete application and not a complete. On XX/XX/XXXX, they requested mine and my mothers SSI award letters, two months bank statements and the Application I have sent several times by this point and told me THEY MIGHT be able to stop the foreclosure sale. 
They are in violation of RESPA ( 1024.41 ( c ) ( 2 ) ( iv ), 1024.41 ( f ) ( 2 ) and ( g ) ) You may not make the first notice or filing for a foreclosure process or otherwise refer the consumer to foreclosure until the consumer has had a reasonable amount of time to provide the documents or information. 
My loan application was never decisions by Ocwen, approved nor denied. They received my application and acknowledge they had had a facially complete application but because they did not receive a complete application, they scheduled the foreclosure sale and are selling my home! I was never given a change to appeal the decision because they name gave me a denial of my application! Under RESPA the right to appeal a denial of a loss mitigation application ( 1024.41 ( h ) ) and the right to a longer evaluation period ( 1024.41 ( e ) ) if consumers submit applications at a date 90 days or more away from a scheduled foreclosure ( or when no foreclosure sale has been scheduled ). For purposes of these protections, you must treat the application as complete as of the date a facially complete application was submitted, not the date any corrected documents or information were received. ( 1024.41 ( c ) ( 2 ) ( iv ) ) We are elderly, XXXX women who are subject to these UDAAP of Ocwen! The eact findings in the XXXX enforcement action of Ocwen has failed to deliver required foreclosure protections. As a result, the Bureau alleges that Ocwen has wrongfully initiated foreclosure proceedings on at least 1,000 people, and has wrongfully held foreclosure sales. Among other illegal practices, Ocwen has initiated the foreclosure process before completing a review of borrowers loss mitigation applications. In other instances, Ocwen has asked borrowers to submit additional information within 30 days, but foreclosed on the borrowers before the deadline.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation