Consumer complaint received 2017-07-22
Company: Ocwen Financial Corporation
State: MA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
XX/XX/XXXX We started falling behind on our mortgage in XXXX. My husband had his own flooring installation business for years and had been doing well, but the income was unsteady. We had bought a pickup truck for the business and personal use and we were leasing a Minivan for my XXXX XXXX  and personal use. We had to give both of them back because we could n't afford them, but then had to turn around and buy used Minivan for my business, and a new work van for my husband. The monthly payment went down half, but the XXXX XXXX was always changing so you might not have a full XXXX all the time and my husbands business was not paying enough after costs. No matter what we did we could n't get ahead. We contacted our Servicing company, Ocwen. All we wanted to do is put the amount we were behind put on the back end of the mortgage to start fresh. Ocwen was asking for the same documents over and over again, Pay stubs, profit and loss from our XXXX XXXX, taxes from the last three years, bank statements from last 6 months. They kept coming back and telling us that things were unreadable, or illegible. We started snail mailing the papers because it was getting ridiculous. Then by the time we got everything in and they decided to look at the paperwork, the process had " expired ''. So we would have to start the process over again from the very beginning, including the application and re sending the papers that we had JUST sent them!!!! Because why? Didnt they just get them? Had things changed over a few days? This is still going on today, we are just starting the fourth attempt to get help. We were communicating with our 2nd mortgage holder as well. They were being as helpful as ever, at least we think so. They told us the only way to save our house at that point was to file for bankruptcy under chapter XXXX. That would wipe out the 2nd mortgage and free us from that monthly bill. We found a local lawyer who practices bankruptcy law. He charged us several thousand dollars to file the case and it was pretty much done. Things were going well. Bills were getting paid, except for the mortgage. We contacted ocwen again to tell them we were unable to pay the bill for an unknown amount of time and if there was anything they could do, like defer the payments a few months. The woman on the phone, I wish I had written her name down at the time, told us we did not have to pay the mortgage because we were protected under the bankruptcy, and our payments were not going to the mortgage anyway, they were going to an escrow account. She told us to keep the money and .they may or may not be asking for it when the time is right. We were saving as much of it as possible. We have XXXX little girls and XXXX cars in rough shape and having difficulty. We had lots of personal and social issues with our children we had to take care of, so the money didnt always go where it should have, but instead, where it was needed. We were told after a while by our attorney that we should have been making payments and should start as soon as possible. And so we started paying what we could to stave off any attempt to take our house. We were paying in small increments, XXXX here XXXX there. XXXX was taking extra side work to help out as much as he could and I had as many children as she could have legally. We were refinancing our house for four years with Ocwen and not getting anywhere. We were making full payments for XXXX and XXXX. Ocwen had hired a lawyer firm to help get relief from stay. Our attorney informed us of this and asked what steps we were taking to stop it. We told him in an email that we were in fact talking to ocwen and trying to refinance as well as making full payments. Apparently he didnt think we were doing enough because he didnt even represent us in court. We didnt find out until we received a letter in the mail saying that the relief of stay was granted. We were devastated! How could they even ask for the relief if we were in the middle of a refinance and were talking with them. We were also making payments, which we found out they were not accepting them anymore when we had our XXXX payment returned to us, as well as XXXX payment. We didnt know about any ability to appeal until we spoke to another attorney about it. At that point it was too late. Apparently you only have 14 days to appeal. We just want a fair shake at saving our house and it seems like Ocwen is dropping the ball and letting/helping us fail. Sincerely,

Company response to consumer: Closed with explanation