Consumer complaint received 2020-06-07
Company: Ocwen Financial Corporation
State: CO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I dont even know where to start with this complaint, there are so many things wrong here. Currently, PHH/OCWEN is attempting to foreclose on my home. I learned of this in XXXX. I immediately disputed this and requested verification. The verification consisted of copies of the modification agreement I signed, some kind of account statement that made no sense to me, and few papers that looked like they were copies of other documents that were cut off or only a partial page of some unidentifiable documents. The verification also included contact information for a law firm handling the foreclosure. 
My conclusion from the very confusing, grammatically incorrect response I received as to why my property was being foreclosed on is that PHH/OCWEN denied the modification agreement I signed in XXXX of XXXX because I had not agreed to assume the mortgage after my husband died. I did sign an assumption agreement at the same time that I signed the modification agreement, but both have been completely ignored. PHH/OCWEN never offered me any explanation or information about assumption or modification after verifying that I am successor in interest. In fact once they received my husbands death certificate they locked me out of my online account and changed all the information in it so nothing about the modification he was given, or the payments made under it, was reflected. I didnt receive any communication at all from them until I started complaining. PHH/OCWEN claim the assumption i signed is invalid because the account was delinquent. Isnt that the reason for the modification? Setting that aside for a moment, I recently learned that the CFPB made some changes to rules concerning successors in interest in XXXX of XXXX. Among other things, these changes do not require a successor in interest to assume a loan prior to being considered for a modification. PHH/OCWEN has no legal right to deny my modification ( a year after it was signed ) because I didnt assume the mortgage. As successor in interest I am not required to assume the mortgage to be considered for modification.I am however, required to be treated as the borrower. 
XXXX further violated CFPB regulations by not communicating with me after I was confirmed as successor in interest. They have sent me no account statements, no notice of the modification being invalid, no notice of delinquency, no escrow or tax statements. The only communication I have received was the notice of foreclosure and the paperwork supposedly verifying the debt. The verification paperwork also contained an application for assistance which I completed and emailed to the address provided on XX/XX/XXXX. CFPB regulation also states that PHH/OCWEN must respond in writing within five days of receipt of the assistance application to notify me that it has been received and whether or not it is complete. They have not done this. I have not had any contact from PHH/OCWEN except for a single voicemail addressed to my late husband. Even though I have been confirmed as successor in interest since XXXX of XXXX PHH/OCWEN continues to attempt to communicate with my late husband. Mail is sent addressed to him which I never receive because the post office returns the mail of deceased people to the original sender, and voicemails have been left for him. My husband passed away in XXXX of XXXX and PHH/OCWEN received proper verification that I am successor in interest by XX/XX/XXXX. There is simply no excuse for them to continue to attempt to communicate with my late husband instead of me. There is also no excuse for them canceling the modification agreement I signed, and no excuse for not notifying me or communicating with me in any way until they notify me of pending foreclosure. 
In addition to submitting the application for assistance I have been working with a HUD counselor. Obviously I am not ok with losing my home, especially since I have made all the payments on time according to the modification agreement. PHH/OCWEN initially refused to speak with the HUD counselor and she reports that they even hung up on her once. She has finally been in contact and was informed by PHH/OCWEN that my application has been received and is being processed. PHH/OCWEN still has not communicated with me about the application. At the beginning of XXXX I received a letter from the law firm conducting the foreclosure. This was sent several weeks after my assistance application was received and is a violation of both federal and state laws concerning foreclosure and dual tracking. Once a loss mitigation application is received foreclosure must stop. 
The balance I supposedly owe according to the law firm is outrageous, almost XXXX more than it was at the time of the initial modification. Despite the evidence I have that my payments to PHH/OCWEN were received, they continue to claim that I havent made a payment since XXXX of XXXX. What have they done with those payments??? As I stated previously they have not provided me with any account statements or notices of delinquency. 
PHH/OCWEN has violated numerous rules here and because of this I am facing foreclosure and battling a company with quite a history of mishandling mortgage accounts. I read the lawsuit filed by the CFPB in XXXX XXXX XXXX. XXXX, and it sounds like nothing has changed with their practices since then. Based on that case, and the current violations committed by PHH/OCWEN I believe I have a very justified lawsuit if I were to pursue that course. In addition to the clear law and regulations that have been violated the actions of PHH/OCWEN have caused me extreme anxiety and panic attacks that prevent me from sleeping more than a few hours each night. They are causing serious damage to my mental and physical health. They have sent numerous people to my property to photograph my house and walk around on my private property. My XXXX XXXX XXXX mother lives with me and doesnt know anything about this, because, how exactly to you tell an XXXX XXXX XXXX who depends on you that you might be losing your home because of a mortgage companys incompetent/unethical actions? If we lose our home we have nowhere else to go. I work from home, without a home I will lose my job. How is this ok? Where are my protections? How does this company continue to violate laws and regulations and negatively impact the lives of so many people without any repercussions? How can I be faced with losing my home when I have done nothing wrong??? As the CFPB has already filed a suit against PHH/OCWEN for many of the same claims I am making I certainly hope they are making note of my current complaint. At this point all I want is for the foreclosure to stop. PHH/OCWEN can either honor the original modification I signed last year or give me a new modification within my income guidelines. I will happily assume the mortgage or do whatever else it takes for them to communicate with me, honor the agreements I sign and follow the laws and regulations around servicing my mortgage. 
Things like this should not happen to me, or any other people out there trying to do the right things.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation