Consumer complaint received 2023-05-03
Company: Ocwen Financial Corporation
State: GA
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
PHH Mortgage is in violation. I am restructuring as I've been misled purposely to derail truth from coming forward. 

To begin, PHH Mortgage is in violation in many ways I'll start from the top. XXXX XXXX. In the XXXX v XXXX case in which my mother was a class member : XXXX filed this XXXX on XX/XX/2015. ( Doc. XXXX ). In the initial complaint, Plaintiff alleged that Ocwen violated Section 1692e ( 2 ) ( A ) of the FDCPA and the Florida Consumer Collection Practices Act ( " XXXX '' ) by sending periodic monthly statements and delinquency notices to borrowers, like her, who had previously received XXXX  XXXX bankruptcy discharges of personal liability on their home mortgage loans, but whose homes were still subject to valid in rem mortgages. It is undisputed that the form and content of Ocwen 's Monthly Statements, as used during the relevant time period, attempted to follow the requirements of TILA and Regulation Z, and also that Ocwen 's regular Monthly Statements and Delinquency Notices that were sent during the relevant time period included bankruptcy disclaimer language, explaining that persons who had been discharged in bankruptcy should consider the correspondence to be for informational purposes only. In XXXX 's view, however, the Monthly Statements and Delinquency Notices were not required to be sent to borrowers whose personal liability had been discharged in bankruptcy, and improperly suggested that discharged borrowers remained personally obligated to continue making payments on their home loans. Violations of the FDCPA allow successful borrowers two kinds of damages : actual damages as proven by the claimant and statutory damages on a classwide basis. 15 U.S.C. 1692k ( a ). Plaintiff sought only statutory damages. 

Now in understanding this, PHH Mortgage Services purposely sent disclosures to the improper address. Sending notices associated to this account to the XXXX which is in place to settle debts, implies the estate is liable which falls directly into the XXXX v XXXX case. 

PHH maliciously sent disclosures to my homophobic brother that had zero liability or ownership rights despite me pleading for them to stop. This opened me up for slander, as he took private information and spread it throughout my family creating embarrassment and trauma, all while being deprived of my property and rights as successor. 

On file we have proof that after I complied, and every attempt was made, PHH Mortgage repeatedly refused to accept me as successor, which created turmoil in my life. I wasn't allowed to see statements or seek help or ask questions because I wasn't authorized. 

To illustrate the depth of unfairness hear this, I was denied prior to any default despite my best efforts, and was only accepts as successor AFTER foreclosure actions were initiated and under threat of lawsuit. Should I have to threaten a lawsuit to receive fairness? Is that equitable? I have a learning impairment, dealing with the death of a loved one, loss work, lock downs, no help to explain my options, PHH Mortgage sabotaged my opportunity and now seek to deprive me of my land and property by not engaging discourse so I can participate in the legal process. 

This company has used deceptive destructive practices and communications. 
I'm currently looking to file but need their attorneys Georgia bar # and the attorney XXXX XXXX of XXXX and XXXX is non-responsive. I need help in exposing how this company went out of its way to disenfranchise me by way of blocking me from full access to my land which affected my ability to work, grow, and enjoy my land. Suppose I had wanted to sale and use my asset that way I was barred and spun into default and now they seek to sale my home for auction although I was treated unfairly from the start. 

They took advantage of my disability, death, and the crisis of COVID to subdue and ruin my opportunity. 

The Ombudsman took nearly a week to call me back, although the required turnaround is 24-48 hours and then she hung up on me when I put further questions to her. 

An agent pretended to be a " relationship manager '' and later admitted she wasn't available so she was taking his place, but she wasn't a relationship manager, she was a normal agent because she later transferred me to an escalation manager which is beneath a relationship manager, which means she misrepresented herself to be someone she was NOT. 

I was told letters were sent out regarding my demand letter which covers damages and what I suffered as a result of the negligence of this servicer. For their attorney to not return calls to I can properly file is inappropriate. I'm writing this as evidence and to document the hellish nightmare I've been living since moving in and taking over for my mom. I have had to fully engage this and have had to cancel my tour to fight and defend my land against unfair treatment. I seek to sue PHH Mortgage, trust is destroyed as the purposeful misrepresentations, lies, harmful practices ( destroying cashiers checks, {$2000.00} legal fee for improper foreclosure added to my monthly bill ), principal balance going from {$57000.00} ( roughly ) when serviced by Ocwen to {$97000.00} ( roughly ) when transferred to PHH Mortgage. There is no trust and I seek to expose this company. PHH Mortgage is liable and this fight is for EVERY homeowner thats ever faced off against this behemoth. My working opportunities are being hindered, joy destroyed, and life ruined because of this company. Every area of my life has been affected.

Since I've been left out the legal process I've taken my fight public namely PHH and will continue to cover this in detail until I get justice. We're also looking to contact XXXX XXXX XXXX this for the public.

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