Consumer complaint received 2018-07-14
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I have attempted modification request with my mortgage lender Ocwen Loan Servicing ( OLS ), recently and was declined for unjust reasons which will be outlined within this complaint.

OLS, has flagrantly declined any options for me to retain ownership of my primary residence according to the decline letter OLS, has grossly misrepresented my monthly earnings in an attempt to not work with me in retaining my home.

The letter of denial reflects that the decision was made on XX/XX/XXXX. There were some but not all, of the missing documents faxed to OLS on XX/XX/XXXX. Prior to me having an opportunity to collect the remaining missing documents from my accountant and bank, which would better support my income ; OLS informed my 3rd party that I had been denied for any available programs which would assist in bringing my home loan current. Im self-employed and the recent wild-fires here in California have negatively impacted my business, which is why I feel behind for starters. My business has been slowly moving into the right direction however Im playing catch-up on virtually everything that I pay out of my earnings each month with only one income.

Based on the content of the denial letter, there appears to be no tangible reasoning that can be made in order to determine how OLS came to their decision to not allow my loan to be modified. Reason # 1 ) The account is greater than 90 days delinquent. And Reason # 2 ) In performing our underwriting of a potential modification we could not offer you a payment that is within the guidelines of Ocwens modification program. Since there is no known loan modification demographic or criteria, which mandates that a loan that is greater than 90 days can not be modified, this reason is not acceptable. Furthermore, reason # 2, explains that the Streamline underwriters for OLS, could not offer a payment within the guidelines of OLS programs. However, they do not detail what was deficient on my part, whether it be income, affordability etc. these reasons for denial are both frivolous and incomplete. OLS, is seeking to force my loan into foreclosure and pad my loan with unnecessary exorbitant foreclosure junk fees, attorneys fees and late charges for the purpose of OLS, building extra revenue from placing me into this denial process. 

My actual income is now at {$6000.00}. ( OLS ), is refusing to thoroughly consider all options for my loan to avoid foreclosure. This is a direct violation to the California Bill of rights. The California Homeowner Bill of Rights became law on XX/XX/XXXX to ensure fair lending and borrowing practices for California homeowners. The laws are designed to guarantee basic fairness and transparency for homeowners in the foreclosure process. Key provisions include : Restriction on dual track foreclosure : Mortgage servicers are restricted from advancing the foreclosure process if the homeowner is working on securing a loan modification. When a homeowner completes an application for a loan modification, the foreclosure process is essentially paused until the complete application has been fully reviewed. Guaranteed single point of contact : Homeowners are guaranteed a single point of contact as they navigate the system and try to keep their homes a person or team at the bank who knows the facts of their case, has their paperwork and can get them a decision about their application for a loan modification. Verification of documents : Lenders that record and file multiple unverified documents will be subject to a civil penalty of up to {$7500.00} per loan in an action brought by a civil prosecutor. Lenders who are in violation are also subject to enforcement by licensing agencies, including the Department of Business Oversight, the Bureau of Real Estate. Enforceability : Borrowers will have authority to seek redress of material violations of the new foreclosure process protections. Injunctive relief will be available prior to a foreclosure sale and recovery of damages will be available following a sale. ( AB 278, SB 900 ) Tenant rights : Purchasers of foreclosed homes are required to give tenants at least 90 days before starting eviction proceedings. If the tenant has a fixed-term lease entered into before transfer of title at the foreclosure sale, the owner must honor the lease unless the owner can prove that exceptions intended to prevent fraudulent leases apply. ( AB 2610 ) Tools to prosecute mortgage fraud : The statute of limitations to prosecute mortgage-related crimes is extended from one to three years, allowing the Attorney Generals office to investigate and prosecute complex mortgage fraud crimes. In addition, the Attorney Generals office can use a statewide grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple counties. ( AB 1950, SB 1474 ) Tools to curb blight : Local governments and receivers have additional tools to fight blight caused by multiple vacant homes in their neighborhoods, from more time to allow homeowners to remedy code violations to a means to compel the owners of foreclosed property to pay for upkeep. ( AB 2314 ) The California Homeowner Bill of Rights marked the third step in Attorney General XXXX response to the states foreclosure and mortgage crisis. The Mortgage Fraud Strike Force was created in XX/XX/XXXX to investigate and prosecute misconduct at all stages of the mortgage process. In XX/XX/XXXX, Attorney General XXXX secured a commitment from the nations five largest banks for up to {$18.00} billion for California borrowers.

Company response to consumer: Closed with explanation