Consumer complaint received 2020-02-18
Company: Ocwen Financial Corporation
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I have been working on completing a short sale with my servicer, PHH mortgage. On XX/XX/XXXX, I have faxed and emailed in the following documents - PHH SHORT SALE APPLICATION, THIRD PARTY AUTHORIZATION, REQUEST FOR MORTGAGE ASSISTANCE, HARDSHIP LETTER, 4506 T, BORROWERS FINANCIALS, REALTOR LISTING AGREEMENT, BUYERS PURCHASE AGREEMENT, BUYERS PROOF OF FUNDS, BUYERS CERTIFICATE OF FORMATION, HUD1 / SETTLEMENT STATEMENT. - After submitting the application I have been calling them at least once sometimes twice a week to make sure they have everything they need and to be as efficient as possible to avoid delays. On XX/XX/XXXX I called PHH and was told there was a Foreclosure Sale Date for XX/XX/XXXX - Docs were received - more information is required - still requiring One more pay stub. On XX/XX/XXXX I faxed and emailed a copy of the most recent Pay Stub requested. On XX/XX/XXXX the package was still showing incomplete due to the missing pay stub. As of XX/XX/XXXX, PHH still did not see the pay stub imaged into their system. I immediately resent to the email address of XXXX and fax number of XXXX. I called back on XX/XX/XXXX and was told the pay stub was received and the foreclosure date was suspended. on XX/XX/XXXX I called and spoke w/ PHH and was told I need to provide XXXX pay stub that reflects the year to date income or the most recent bank statement from 2nd employer. I then Faxed and Emailed the following PAY STUB FROM OTHER EMPLOYER on XX/XX/XXXX. I called PHH on XX/XX/XXXX and confirmed the pay stub was received and under review. On XX/XX/XXXX I called PHH for an update and was told we have a complete package under review for loan mod before we go into short sale and to allow up to 30 days for a decision. Called PHH back on XX/XX/XXXX and the file was still under review. I called PHH back on XX/XX/XXXX and was told the file was still under review. I called PHH back on XX/XX/XXXX and was told the file was still under review. I called PHH back on XX/XX/XXXX and was told the file was still under review for a decision and to follow up on XX/XX/XXXX as this will be the 30 day of the review. I called PHH again on XX/XX/XXXX and there was no new info. On XX/XX/XXXX I called PHH and was told that the load mod decision was denied and that we would be moving into short sale review. On XX/XX/XXXX I called PHH and there was no movement or no new info on the loan being reviewed for short sale. On XX/XX/XXXX I called PHH and was told we need the following items - Need a completed Hardship Affidavit - also a copy of buyers member docs, a copy of the HUD1 w/o cash from or to the seller. HOA Statement, Notarized letter of administration. Copy of listing agreement w/ list price signed by borrower and agent w/ cancelation verbiage, Realtor license for both parties, and a copy of the Purchase Agreement w/ addendums. 
XX/XX/XXXX I faxed and emailed PHH the following documents, HARDSHIP AFFIDAVIT, BUYERS MEMBER DOCS, HOA STATEMENT, LISTING AGREEMENT, SALES CONTRACT, HUD1 / SETTLEMENT STATEMENT. The servicer continues to ask for a Notarized Letter of Administration. I have explained to the servicer and the person assigned XXXX XXXX at extension XXXX, that there is no letter of administration because there is no estate or will or probate or even any death in the parties. When I called back on XX/XX/XXXX I was told the docs were received but to allow time for review. I called back on XX/XX/XXXX and was told the docs still had not been reviewed yet. I called back again to PHH on XX/XX/XXXX and PHH reviewed the documents and advised we were missing some items. The items missing were listing agreement - Settlement Statement - Sales Contract - Realtor License - I explained this was all sent in on XX/XX/XXXX which they confirmed receipt of on XX/XX/XXXX. On XX/XX/XXXX, the following was sent to PHH again, SALES CONTRACT, LISTING AGREEMENT, HUD1 SETTLEMENT STATEMENT, BROKERS LICENSE. I called PHH on XX/XX/XXXX and was told Underwriters are asking for additional docs - Complete and valid listing agreement with list price signed, complete and valid copy of HUD. Need HOA support document for fee showing on HUD. So while on the phone on XX/XX/XXXX I sent the following via Fax and Email to PHH - SALES AGREEMENT, HUD 1/SETTLEMENT STATEMENT, LISTING AGREEMENT, HOA BILL.  On XX/XX/XXXX I sent the following again just to make sure received - LISTING AGREEMENT, SALES CONTRACT, HUD1 SETTLEMENT STATEMENT. On XX/XX/XXXX we received an update from the underwriters - Underwriting team shows the package to be incomplete and need the following documents - Complete and valid listing agreement w/ list price signed by borrowers and listing agent is required, A complete and valid copy of the settlement statement is required, Also a complete and valid copy of the purchase agreement and all addendum is required, please provide a copy of the license for the listing agent and selling agent, Please provide a copy of brokers license Notarized copy of the notarized copy of executor deed. - At this time we explained again that all of this information has been sent in several times and also advised that the Notarized copy of executor deed is not applicable. I also had the Rep on the phone dig into the files that we have submitted. Rep located the Brokers License and documented the page number 24 of document # 116. I went ahead and resent the HOA statement by itself also 3 times back to back just to make sure received. On the XX/XX/XXXX call the rep apparently left a note asking why the Notarized copy of executor deed is being asked if there is no death/probate or estate. I called PHH back on XX/XX/XXXX for an update and was advised the same information is being requested - Complete and valid listing agreement w/ list price signed by borrowers and listing agent is required along with cancelation clause, A complete and valid copy of the settlement statement is required, Also a complete and valid copy of the purchase agreement and all addendum is required, please provide a copy of the license for the listing agent and selling agent, Please provide a copy of brokers license, Notarized copy of the executor deed. On XX/XX/XXXX I spoke w/ XXXX the assigned specialist and went over and over about the request that are being made. He mentioned the same items being needed, listing agreement signed and dated by all parties with standard cancelation clause, Sales Agreement singed and dated, HUD1 Settlement Statement, Copy of Brokers License, Notarized copy of Executor Deed. I raised a question about the cancelation clause that is needed and explained we have the cancelation clause on the Listing Agreement on page 8, paragraph 15.  XXXX did not know what verbiage was required and kept asking me to send standard cancelation clause. I explained there is no " standard '' and the cancelation clause is usually investor specific to the short sale. He didn't know what to advise. We've been going round and round in circles. I spoke w/ XXXX the case manager again on XX/XX/XXXX and was told the same information is being requested. listing agreement signed and dated by all parties with standard cancelation clause, Sales Agreement singed and dated, XXXX Settlement Statement, Copy of Brokers License, Notarized copy of Executor Deed. Today XX/XX/XXXX I call PHH and speak to agent ID XXXX and I am told that the Short Sale has been canceled on XX/XX/XXXX due to not receiving the documents in time. Now we have a XX/XX/XXXX FC date and no short sale in review and very low odds of them opening it up for review this close to the foreclosure sale date. I am very frustrated as I feel like I have been jumping through every hoop thrown at me and I am ready to get my attorney involved if need be. I don't like the way PHH is handling my loan and not providing clear details on what is needed based on what has been provided.

Company response to consumer: Closed with explanation