Consumer complaint received 2017-11-03
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
On XXXX XXXX, XXXX, I contacted my mortgage company ( Ocwen ) to get information on my existing loan and at some point during the call, I was transferred to XXXX XXXX ( Ocwen 's residential mortgage loan servicer and originator ) to discuss and apply for a mortgage refinance. At that time, we initiated an application for refinance. 

During our loan process, on XXXX XXXX, XXXX at approximately XXXX ( PST ), I called XXXX and spoke to XXXX XXXX I informed her that we were within the 72 hour grace period of closing our loan but had received a "  {$500.00} Ocwen Loyalty Reward '' in the mail from Ocwen. The top of the document states " This voucher entitles you to receive a {$500.00} Ocwen Loyalty Reward when you refinance with XXXX XXXX XXXX XXXX '' XXXX stated that there was no problem applying the {$500.00} even though we were in the final stages of our loan process. She said that our loan originator, XXXX XXXX could further assist me and she transferred me to XXXX. 

During my call with XXXX, XXXX asked me to email her the Ocwen XXXX XXXX  document. Once she received the document, she stated that she needed to talk to the Underwriter and would call me back. 

On XXXX XXXX, XXXX at approximately XXXX ( PST ),  XXXX called me back and stated that there was no problem applying the {$500.00} credit, then she realized that we had signed the closing documents the day before and were within the 72 hour grace period to cancel. She then stated that she needed to speak with XXXX XXXX, the Loan Processor, then call me back. 

On XXXX XXXX, XXXX at approximately XXXX ( PST ), XXXX called me back and stated, " no problem. '' She said that she had spoken to her manager and since the loan had n't yet funded, an adjustment could be made and the {$500.00} credit would be reflected in the money that we would get back once funded. I asked her again if we would be getting the {$500.00}, just to confirm ... and she stated that we would be getting the {$500.00}. 

On XXXX XXXX, XXXX, we noticed that XXXX had deposited funds into our checking account but the deposit did not include the {$500.00} that we were promised. At approximately XXXX ( PST ), I contacted XXXX to inquire. XXXX stated that an email was sent to the XXXX XXXX ( Loan Closer ) on XXXX XXXX, instructing him to make the {$500.00} adjustment before the final closing. She stated that she would contact the Closer and would call me back. 

On XXXX XXXX, XXXX at approximately XXXX ( PST ), I left a voicemail for XXXX asking for a status update since I had not heard back from her. 

On XXXX XXXX, XXXX at approximately XXXX ( PST ), I contacted XXXX XXXX at XXXX XXXX XXXX XXXX. XXXX stated to me that he was not notified to make the adjustment until he received an email from XXXX the day before ( XXXX XXXX at XXXX EST ) ... 6 days after XXXX said that there was " no problem. '' XXXX stated that the email was received after the loan was disbursed therefore, he could not make the adjustment. He stated that the adjustment could have been handled within the Close funding stage in the prior week. XXXX stated that he would email XXXX in regards to our conversation. 

On XXXX XXXX, XXXX at approximately XXXX ( PST ), I received an email from XXXX stating, " I sincerely apologize for this inconvenience. I am still working with management regarding the solution for this omission. For your information, XXXX XXXX, your loan processor, has advised XXXX XXXX via email immediately after we spoke on XXXX/XXXX/XXXX. I have forwarded the email to XXXX XXXX to prove that we have notified him on time before your closing. '' On XXXX XXXX, XXXX at approximately XXXX ( PST ), I received a call from XXXX XXXX XXXX XXXX Sales Manager. XXXX also identified himself as XXXX 's manager. XXXX stated that the email instructing that the {$500.00} be applied was sent to the Closer but not in time because the documents were already prepared. He also stated that the offer was not available for loans already in process. 

During the conversation, XXXX offered me a {$100.00} XXXX gift card for my troubles. I declined the gift card and reminded him that two XXXX representatives had promised me that the {$500.00} adjustment could be made and XXXX XXXX confirmed that he could have made the adjustment if he had been instructed to in time. XXXX stated that he wished that he had gotten involved earlier. I told him that XXXX had put me on hold on XXXX XXXX then came back on the line stating that she had spoken to her manager and since the loan had n't funded, the {$500.00} adjustment would be made. As I go back through my notes, during XXXX 's return call to me on XXXX XXXX, XXXX at approximately XXXX ( PST ) she told me that she had spoken to her manager ( after I had emailed her the {$500.00} Ocwen Loyalty Reward document for review ), and they would honor the reward and make the adjustment. 

I asked XXXX to email me with the reason for now deciding not to honor the promises to pay. I also asked XXXX to check with his Compliance Dept before sending the email ... all in hopes of avoiding a regulatory complaint. 

On XXXX XXXX, XXXX at XXXX, I received the following response from XXXX XXXX : " XXXX XXXX Unfortunately we were not able to apply the {$500.00} customer loyalty in time. Since this is a request that is usually given to us by borrowers at the time of application, we are set up to apply this discount at that point in the process. I know you dealt with several individuals within XXXX attempting to apply the discount, but ultimately the closing happened too soon for the discount to be applied. '' We will put a {$100.00} gift card in the mail for you to help compensate for this. 

As mentioned on the phone, XXXX 's intention was to be able to give you the best terms possible, while trying to get you to close as fast as possible before your ratelock expiration. Your type of loan was a Conventional loan ( backed by XXXX and XXXX ) so XXXX was to underwrite your file to their guidelines. 

We really appreciate your business and for allowing Ocwen/XXXX to service you. 

Kind regards, XXXX XXXX '' I would like for the CFPB to investigate this complaint, as : 1 ) XXXX agents and management have made promises to pay the loyalty reward after reviewing the document and knowing where we were in the Closing Stage ( within the 72 hour right to cancel ), then reneged.

2 ) In XXXX 's XXXX XXXX email, he states that he knows that I dealt with several individuals within XXXX " attempting to apply the discount. '' Based on the phone conversations I had with XXXX individuals after XXXX XXXX, there were no attempts to apply the discount ... only employees pointing fingers at each other. XXXX XXXX saying he did n't get the emailed instruction for the adjustment until after the loan had funded and XXXX stating that the email was sent on XXXX XXXX, in time for the adjustment to be made during the Closing stage and the 72 hour grace period to cancel.

3 ) In the 3rd paragraph of XXXX 's email, he mentions : " XXXX 's intention was to be able to give you the best terms possible, while trying to get you to closing as fast as possible and before your ratelock expired. 

I appreciate XXXX 's intentions, although it took over 7 weeks to close this loan. Unfortunately, I now wonder if " closing as fast as possible '' played a role in the " omission '' that XXXX referred to in her XXXX XXXX, XXXX email to me. 

It is my hopes that the CFPB will request call recordings for all calls between XXXX and me on XXXX XXXX and XXXX XXXX. These call recordings will capture the promise to pay the {$500.00} after the Loyalty Reward document was reviewed by management. 

Thank you for your time and consideration in this matter ... it is greatly appreciated.

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