Consumer complaint received 2018-05-11
Company: Ocwen Financial Corporation
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
Ocwen services my grandparents mortgage. My grandparents are deceased. My grandfather died on XX/XX/XXXX and my grandmother died on XX/XX/XXXX. I am the executor of my grandmother 's estate ( she was the executor of my grandfather 's estate and when she died through Probate I was granted executorship over her estate ). I was granted ownership of the home through probate, which can be confirmed on the county records. I am also an authorized party on the account and I am in the process of assuming the mortgage from Ocwen. 

I was impacted by Hurricane roof. I obtained roof and fence damage. A condition of assuming the mortgage was to obtain homeowner 's insurance in my name. I did and as a result was able to file a claim to cover the damages received. My homewoners insurance company disbursed two checks totaling {$6400.00} ( {$4100.00} roof ; {$2200.00} fence ). The checks were made out to me ( not my grandparents ) and Ocwen. I mailed the checks to Ocwen, which they received on XX/XX/XXXX and deposited on XX/XX/XXXX. Ocwen mailed a check to me and the Estate of my grandparents on XX/XX/XXXX. To no avail, I have been unsuccessful in cashing the checks because the checks are made out to my grandparents, whom are deceased and I do not have an estate account for both of them. As mentioned above, I am the executor of my grandmother 's account, but I am not my grandfathers because she was and I would have to go through the lengthy probate process again to become the executor of his estate. 

I asked Ocwen to reissue the check in my name and they stated they could not because their is a lien on the property and I am not listed on the mortgage. This is disheartening because they should not have cashed my check considering I am not on the account. They stated they were able to deposit the check because I am authorized, which is even more disheartening that you would take my funds that were not made out to my grandparents, but will not distribute them solely to me when records indicate that I have made payments on the account, am an authorized party and am in the process of assuming the loan.

I was told my issue was escalated to Legal and my only recourse was to obtain a contractor to perform the work and Ocwen would issue funds directly to them. Again that's disheartening because Ocwen will issue funds to a 3rd party based off my permission, but will not issue the check to me. Not to mention, I have had more damage occur because of extensive rain, which means I have to get another quote and pay more money out of pocket because the contractor information I previously provided Ocwen is no longer valid because an updated quote is needed per the contractor. 

The representative I have been working with at Ocwen is very understanding and helpful, but can only do so much within her control. I explained on numerous times that I was assuming the loan and was told to ask for the Assumption to be escalated, which again is disheartening considering both departments are with the same company. Why should an outsider have to ask for the assumption to be escalated when I'm working with two internal departments of the company. Clear example of lack of communication and effort between departments within the same company. 

I am very disappointed. Ocwen should not have cashed my check if there was an issue with me not being on the mortgage. Even if they were on the check, the check was not made out to my grandparents and since I'm not on the lien they should not have cashed the check if they were not going to disburse funds to me. I don't know how long the process will take to assume the property. I have provided all documentation and it's in Ocwen 's court. This is poor servicing.

Company response to consumer: Closed with explanation