Consumer complaint received 2018-08-08
Company: Ocwen Financial Corporation
State: OH
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I filed for a mortgage modification through XXXX XXXX XXXX, XXXX twice. I was granted a trial modification both times. However, due to actions of OCWEN I was not permitted a final modification. I recently went through a divorce, and I am XXXX. In short, these are the reasons for needing the modification, along with my now ex-wife stealing our mortgage money and giving it to her parents. 
The first modification I was approved for was a HAMP in XX/XX/XXXX. 
The Hamp modification was delivered to my mail box on either XX/XX/XXXX, or XX/XX/XXXX if I remember right, it was approximately 3 weeks into  XX/XX/XXXX. The first letter that was received stated the first payment was due XX/XX/XXXX the the following week I received a letter with the actual modification agreement with the payment schedule. Just prior to receiving these letters I had filed for legal aid through 'Legal aid of XXXX Ohio ',  because they were continually telling me they weren't receiving documents and papers I was sending them. Now I received a letter the third week of XX/XX/XXXX telling me my first payment was due over a month and a half prior to receiving it, and a package the fourth week of XX/XX/XXXX stating the first payment was due XX/XX/XXXX first. Both of these documents stated that if I did not make all three trial payments on time I could not be granted a permanent modification. The attorney was no help. I needed verification that since I was already one to two months late, depending on what I went by, that I wouldn't be refused a permanent modification. Ocwen wouldn't speak to me since I had an attorney, and when I was able to get ahold of the attorney he just kept blowing me off and saying it wouldn't be a problem and just make the payments that weren't made on time. So They refused my modification. Then in, I believe it was XX/XX/XXXX, I hired XXXX XXXX from XXXX XXXX XXXX  in XXXX, Ohio. She really pulled one over on me. She told me how not only was she going to stop the foreclosure, but make OCWEN make all the missed payments, and how she was going to sue them for wasting my time, etc. You know the spill. She also talked me into joining some class action lawsuit a supposed colleague of hers in XXXX was filing. I never heard from them, and all she told me was that this attorney use to be the Attorney General of Ohio. I gave her a {$1000.00} cash down payment and was suppose to pay her {$500.00} a month. She lead me to believe that this would be taken care of in approximately two months. After the first month I quit paying her. She also mysteriously didn't have numerous documents that I gave to her, and was on vacation for several weeks during this time she was suppose to be getting this taken care of for me. 
This leads me to the most current issue at hand, and the main reason for this complaint. I had almost given up hope, but finally decided to try again. So, in, I believe XX/XX/XXXX, I filed again for a mortgage modification. After a couple months of constantly having to Re-Send numerous documents to OCWEN, which they already already had for two years, I was turned down for a modification. They claimed I did not provide them with all of the necessary documents they requested even though I had fax receipts showing they received them. I actually had a lady from XXXX on a three way call, I believe the end of XX/XX/XXXX, and she got them to admit that the documents did come to them but there was a problem with the fax machine on their end, but I was still denied. Anyway, In XX/XX/XXXX I start hearing from family and friends that my home is on the county website for auction on XX/XX/XXXX, and then receive a letter from OCWEN on XX/XX/XXXX ( That's when it arrived in my mail box ) That my home was going to be auctioned off on XX/XX/XXXX. To make a long story short, I filed for an emergency bankruptcy on Friday XX/XX/XXXX and faxed it and emailed it to OCWEN and hand delivered it to the Sheriff 's office the same day to stop the sale. I then filed for another modification in XX/XX/XXXX. I mailed it certified and video taped every document inside of the package and me mailing it and attached it to the email to OCWEN. In XX/XX/XXXX I was approved for a trial modification the three payments were due XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. I immediately called OCWEN to remind them that I don't get paid until the XXXX of the month and they said if I mailed it out anytime the first week of the month it would be fine. So, I made all three of the payments like I was suppose to, but the final modification wasn't here the first week of XX/XX/XXXX when my next payment was due, so I called them. I told them that I wanted to make my next payment but the final modification papers weren't here for me to review. This was approximately XX/XX/XXXX. The individual I spoke to told me they were still being prepared and that they would be sent out soon. I told him that I felt they should have been done and sent already so that I could make my payment on time. 
He told me I could still make the payment. I explained to him that I had a right to review the documents first and after all of the mistakes that had been made with my account I felt I should review them first. I called them back the following week and was told they were going out in the next few days. I didn't receive them until, I believe it was XX/XX/XXXX. Just prior to this on about XX/XX/XXXX, I decided that I should at least mail in the payments so I didn't start getting behind and argue about the paperwork later, so I mailed them two checks. One for XX/XX/XXXX and one for XX/XX/XXXX. After I received the documents around the XXXX, I signed and notarized them and mailed them back on the XXXX or XXXX. Later in XX/XX/XXXX, I don't recall the date, I received the two checks back in the mail stating the amount wasn't enough to bring my account current. So I immediately set up an appointment with my account manager for the first available date he had open, which he didn't keep and had to reschedule. About a week after I received the checks back I received a letter denying my modification stating they had never received the signed agreement ( The one they mailed to me a month late ). I just found the dates. The earliest appointment I could get with my account manager was tuesday XX/XX/XXXX at XXXX XXXX, which he didn't keep so I rescheduled for Friday XX/XX/XXXX at XXXX XXXX. During this conversation He told me that they never received the signed modification papers. I explained to him how the papers weren't here when they should have been, how I went ahead and sent the checks in before even receiving the modification, and that I did sign and notarize the papers and sent them back. I also reminded him of the numerous other times they claimed not to receive documents and how they even admitted to a third party ( the lady from XXXX that they did receive documents they claimed not to receive and it was an error on their part. I got him to agree to let me resend the checks and the modification package. He said as long as they received it by the end of the day on XX/XX/XXXX that would be fine. He told me that now I had to go have my ex-wife sign this document too. Now, from day one in XX/XX/XXXX all the way until this time, they had Never required her signature for anything. None of the applications for modification or anything else. I would always just put a line through her name. They have been sent the quit claim deed three times now. My ex-wife, XXXX XXXX, has discharged this debt in a bankruptcy. She has No financial obligation to OCWEN and no rights to the deed. I re-explained this to him again, and he said it would be too much work to take her name off. I told him I didn't care how much work it was, that I wasn't asking her to sign it, and that she wouldn't do it for me anyway. I told him that ever since they found out I was XXXX and receiving social security, they have been making excuse after excuse and running me in circles sending the same documents over and over. Not sending me things on time and then holding it against me. I reminded him that I have done everything they have asked me, and I made my payments on time. I told him she don't live here, owe you any money or have a right to this property in any way, so why does she have to be on my loan modification. He then tried to say that the modification had to be the same as the deed was recorded in the county. I then told him, if the modification has to reflect what the county has, then you are doing it wrong, because the county showed me, XXXX XXXX XXXX XXXX and the only property owner and that her name was not recorded as the property owner with the county Auditor. I told him I was going to get a copy of my property description and another copy of the quit claim from the county and send it to them. He told me to get them and send it in with the notarized and signed documents by the end of the day on Friday XX/XX/XXXX and he would try and get it worked out if he could. Monday XX/XX/XXXX, I received a letter from Ocwen stating that my modification was being turned down. Today XX/XX/XXXX, they came to my door and handed me a letter stating that my home was going to be auctioned in a month, an exact date has not been set at this time. Also, in OCWEN 'S last letter to me stating I was being turned down, they did say I could request another modification. What a joke. I noticed while reviewing the permanent modification that they were double charging me for the missed payments too. They were charging me for principle and interest for that period, but not deducting it from the loan amount. Also, charging me for overpriced insurance that only covered their property and none of mine. 
I have done everything this company has asked me to do to keep my home, but some of the things they are doing are just wrong, and not possible. If my ex-wife was still in debt to them I could understand making her stay on the new loan, but she's not, nor does she have any claim to this property. Please help me get this fixed, all I want to do is keep my home and pay my mortgage.

Company response to consumer: Closed with explanation