Consumer complaint received 2019-09-09
Company: Ocwen Financial Corporation
State: CT
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Attached is the appeal I am sending to PHH for denial of a modification. Inside of this document are all of the facts that transpired. The amount per payment was {$1900.00}. Ocwen the previous servicer allowed 89 day rule meaning if you fell behind as long as you weren't 89 days it was acceptable to keep paying the one which I had been doing for a long time. Because a lump sum to catch up was required, I was waiting until the end of this year because a bonus is coming and a raise came in XX/XX/XXXX. Then PHH misled me and wouldn't allow me to make my regular payment claiming they had a 45 day rule which was never disclosed to me. This led into me applying for a modification I didn't want, and then they denied me. Seems quite fraudulent and a trap in my mind. I am appealing the decision and my letter is below. Because they are requiring a lump sum I must accumulate many checks to make that happen. I don't have access to additional funds. I am a single, divorced mother of one, who lives with me full time, and I receive no alimony. Honestly, there are many avenues of resolution and I need assistance because it is me against big business and need someone in my corner to explain to these people they misdirected me and are now trying to bully me by making me apply and then denying me. Please also note, my actual last name has been changed although no one will change it even though I have continuously supplied the documents. It is XXXX no longer XXXX. However, when I filled out the end of this submission to you, am putting XXXX to avoid confusion. 

I am writing to appeal a letter I received on XX/XX/XXXX reflecting a denial for mortgage assistance regarding the home I have lived in for the last 19 years. I would like to take this opportunity to present the entire case of facts, not just the unsettling matters that have occurred over the last 60+ days ; in particular. 

1. Notice of reaching the maximum number of modifications o It should be noted, that at no time was a forbearance option offered o I am unsure the number permitted however, as limits were never disclosed to me ; however, I have since been divorced and circumstances are different, never have I been modified under my own income and circumstances I have only modified repayment terms 2 times with my ex-husband. 
o As I explained on the phone, I sustained flood damage in XX/XX/XXXX and lost many things, this includes some historical paperwork. I have requested payment history to which I still have not received, and would like copies of modifications on file since XXXX. 

2. Notice of > 90 days delinquency o I have been making the monthly modification payments ( Under the last modified terms it had been configured for 2 incomes. Although I had complained at the time that I was a single income this modification was using 2 incomes, which was no longer as the divorce had occurred o I am still unable to access my own information and have yet to receive my request for payment history which still has not been sent to me and said could not be provided to me, beyond the last year which she confirmed all were paid, on the call to PHH on XX/XX/XXXX o Last payment was made on XX/XX/XXXX o I received an Intent to Foreclose XX/XX/XXXX ( dated XX/XX/XXXX ) stating I was 3 behind. ( Attached Intent to Foreclose ) This was not, nor never has been the case. Since I was consistently paying before the 89th day, and Ocwens terms allowed that, that means the payment I made XX/XX/XXXX took care of the XX/XX/XXXX payment. Now I was due for XX/XX/XXXX that I intended to make in XX/XX/XXXX, hence the call I made XX/XX/XXXX. Thats 2 payments owed, it cant be 3 until XX/XX/XXXX comes and nothing is paid. This was explained and confirmed by the agent on my call. Please see Activity Schedule ( attached. ). 
o I placed a call with PHH on XX/XX/XXXX. 
On this day, the most recent payment was less than 80 days late ; and I wanted to discuss my next payment the week of XX/XX/XXXX since the letter was confusing I was not requesting assistance I have requested this call be reviewed by PHH to prove my assertion that I was not requesting assistance 3. The lack of appropriate written notification where the terms in which Ocwen accepted payment was no longer being honored by the new servicer o No written notice received disclosing the 89 day rule no longer applied. On the call on XX/XX/XXXX the following took place : Agent XXXX advised me PHH goes by 45 days delinquency hence the letter Agent XXXX, advised me that I would be prohibited from making a single payment, as it would be returned. 
I explained 2 payments by the end of XX/XX/XXXX was not possible Agent XXXX suggested several options and took me through a 2 hour interview for prequalification of mortgage assistance Agent XXXX told me I was prequalified for all options discussed I waited for the package. 
o I promptly completed the package on time and emailed it on XX/XX/XXXX o I received confirmation on XX/XX/XXXX of receipt o I received notice of no receipt on XX/XX/XXXX o I received notice of completion and acceptance on XX/XX/XXXX o I called PHH on XX/XX/XXXX for a status. 
o I was given the status of final stages and escrow analysis was in process o On XX/XX/XXXX, I received a denial letter dated XX/XX/XXXX ( a day prior to my verbal confirmation of final stages and escrow analysis o On XX/XX/XXXX I spoke with Agent XXXX. 
o Agent XXXX informed me XXXX XXXX is the servicer holding the actual collateral documentation ( loan and modification packages ), and PHH is actually just the sub-servicer o Why is there New Rez on the denial letter on the top never was explained o No written notice has ever been provided of the servicing relationships ( Until XX/XX/XXXX ) o Agent XXXX stated I should have made the XX/XX/XXXX payment. 
o Agent XXXX asked me if I could make 4 payments by the end of XX/XX/XXXX. I said no. 
o Agent XXXX asked me if I could make 5 payments in XX/XX/XXXX, I said no. 
o XXXX counter-offered Agent XXXX that I could 6 payments in XX/XX/XXXX by the end prior to XX/XX/XXXX and she said no. 
o Agent XXXX stated the denial for the modification was due to modifying my loan with Ocwen prior to the servicing transfer PHH so the number of times is cumulative. I am unaware what this number is. Many of my records were lost in the flood in XX/XX/XXXX. I am only aware of 1 possibly 2 and have lived here 19 years and none under just myself since being divorced. 
If PHH is my sub-servicer, then why am I not being held to XXXX modification criteria? 
What are those criteria? 
Are they more stringent or lenient ( as Ocwens was )? 
o Before I could even finish this submission for appeal, I received yet another letter dated XX/XX/XXXX, from PHH now stating that XXXX XXXX is the owner of the loan and PHH is still servicing? And not on paper that had XXXX XXXX at the top. ( Attached Change of Bank Notification ) o XXXX XXXX was listed at the top of the the denial letter, however Agent XXXX said the bank was XXXX XXXX. 
o What happened? I do not understand why my loan keeps transferring both bank and servicer now. Has this been sold as an REO Asset while Im still trying to remediate acceptable repayment terms? If so, the new letter does not indicate that ; but why else would another servicer be willing to purchase my loan unless they plan to sell it in REO? Why XXXX XXXX was on the denial letter on the top never was explained. 


There are many options I can suggest that I think are reasonable and can benefit all parties : 1. Reconsideration of reinstating the existing modification although was developed for a 2 person income this is what I alone was paying for 2. A repayment plan with payments that would include extra per month to catch up those that are behind 3. A  forbearance option to get back on track due to PHH misdirection of not allowing me to make the payment in XX/XX/XXXX on the schedule I had been 4. Establishing a new set of terms as the single person that I am, and have been for several years 5. Finally, although it would be putting an unnecessary hardship on me, I am willing to make 6 payments prior to XX/XX/XXXX as a last resort, should a new modification and/or forbearance not be offered. 

The end goal is simple. I want to resume making my payments, remain in my home and move on with my life as a single parent, as this has been an ongoing saga with PHH for close to 3 months. This process has delayed me from paying as I had been, and I reiterate, I never was seeking any help at the time of the call on XX/XX/XXXX which put me where I am. My daughter is in her junior year of high school and knows no other place but this home. She lives with me full time. 

I believe it is a fair representation to summarize this process as having serious flaws regarding communication and assistance. I strongly request reviews of the recorded calls from XX/XX/XXXX and XX/XX/XXXX.

Company response to consumer: Closed with explanation