Consumer complaint received 2020-01-21
Company: Ocwen Financial Corporation
State: MD
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I will sum up the issues with a short detail paragraph however if someone can contact me directly at XXXX. I would like to further explain.This letter explains the issues with the Ocwen who is now under the name PHH mortgage services. We were current on our loan however do the Ocwen who keep sending our payments back over a several times for months cause our bank account overdraft fees and more. Please see payment history were this is the second time this was done which is the cause for our defaulted payments. We would send our payment they would then send them pack indicating our bill was over 90 days behind which wasnt true. I explained to them that payments was sent and received by them now why their processing team process the payments later was not our issue. However they continued to send our payments back with out reading the notes on the account. Which cause our accounts to be thrown off repeatedly in fees we couldnt continue to pay and pay our mortgage and along with their late fees they want to keep applying to our loan. Please review payment history and notes on the account reference the dates. And review dates on payments copies. I also have certified mail as to when they received the payments as well. 
Note this is the same they did when we first sent a request for loss mitigation help. They keep saying the income was not readable. But again that was a internal issues that they put on us as the mortgagor. Because we not only emailed the information its was certified mail to PHH and the law office of XXXX XXXX  XXXX  who also sent it to them as well and it was faxed. So I had to fight this fact that the imaging not clear was on the department that was scanning them in. We are looking to seek a class action suit against PHH/ Ocwen for  misrepresentation on our loan. 
Currently right now my loan is under a appeal for review of a loan modification denial. I have several questions regarding if their decision. However they have not requested any type down payment of payments in order to obtain a modification on our loan they just denied the loan request. However they have not offered a forebrance at all. In the mean time what has taken place was they have schedule a sale date without providing us with a answer regarding our appeal. But under their guide lines if we want to apply for any other loss mitigation programs after we received their decision they have strip us of our 30 day time period by rescheduling a sale date while we are still under review. What they have said that if its ' approved then the date will be stopped. But if its not approved then they will go thru with our sale.And we will not be able to apply for any other loss mitigation option example a short sale, Because those would have to be applied 30 days prior to the sale date. While under view your not able to apply for any other loss mitigation either. Please explain this under the law how this is lawful of the servicers to conduct business. Its like they have already made a decision by setting a sale date already.

Company response to consumer: Closed with explanation