Consumer complaint received 2018-01-16
Company: Ocwen Financial Corporation
State: VA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX . 
XXXX XXXX, VA. XXXX XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX. 
XXXX, XXXX XXXX Supporting Statement to My Complaint Against XXXX XXXX XXXX The modification process with Ocwen Loan Servicing, LLC was a hopeless effort because of the reasons that I will try to explain in this letter. After submitting the hardship letter and the modification application in XX/XX/XXXX, we were told that our modification was denied by Ocwen because quote unquote, Your monthly housing expense is less than or equal to 31 % of your gross monthly income and you are not eligible for a Home Affordable Modification dated XX/XX/XXXX. One month later, we received a letter from Ocwen stating that we recently received your request for a Traditional loan modification. My wife and I did not send a request for any one type of modification. The reason why that type of modification was denied, Ocwen stated that the reason ( s ) was : The request for a modification has been declined by, XXXX XXXX, the investor or master servicer of your loan. Your Hardship reason does not meet modification program requirements, dated XX/XX/XXXX. Please Note that I was told by a Ocwen rep. someone at XXXX XXXX stated that we could not receive a modification because we had already received TWO prior modifications. I spoke to XXXX XXXX about this matter and asked her to find in any of the files forwarded to them from GMAC that we had TWO previous modifications and give me the dates. I also ordered Ocwen to send me a copy of both modifications Ocwen and XXXX XXXX implied that we had received. I dont understand why my hardship reason was unacceptable. On XX/XX/XXXX, we received a letter from XXXX XXXX suggesting that we plan to attend a FREE foreclosure prevention event being held in your area. I went to the event and spoke to a XXXX from XXXX XXXX ; they directed me to speak to an Ocwen XXXX that was also in the room, XXXX XXXX XXXX XXXX Community Relations Specialist Hope Division, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX. Email address : XXXX NMLS # XXXX. XXXX XXXX took a look in the computer and pulled the notes under my loan number and told me that it was noted in my file that my modification was denied because Ocwen and or XXXX XXXX felt that the date of my hardship was not acceptable. XXXX XXXX told me to just change the date of the letter and resubmit the hardship letter by emailing it to him and he would forward it to the right department. XXXX XXXX stated that he would request that Ocwen reopen our case or modification process, XXXX XXXX after listening to my situation stated to me that we would qualify for different programs ; he wished us well and told me to follow up with him after emailing the rewritten hardship letter. Ocwen reopened our modification and told us to resubmit another application with it. We resubmitted another modification application in XX/XX/XXXX, the following month Ocwen sent me letter asking me to send a completed self- employment financial form. I faxed Ocwen the completed form around XX/XX/XXXX. In XX/XX/XXXX we received another letter from Ocwen referring that they had been trying to reach us and that we need to contact them, if we did not our modification will go into foreclosure. I called them and asked why did the send the letter when we had just sent another application and that I had fax the last form needed to complete the package. A rep. from Ocwen then told me that they needed another application because the forms had been changed, I stated to them that they should be able to us the application that was just sent in not 30 days ago. A few days later we received a letter from Ocwen on XX/XX/XXXX, stating that we had received a Streamlined Modification Trial Period Plan starting with the first payment at the amount of {$1600.00} for three months and they would determine the terms of the plan after making the first three months payments. The trial period payments were only about {$80.00} dollars different from our original monthly payments. I call Ocwen and asked did our application contribute in any way to the decision of the terms of this plan, and I also asked exactly what a Streamline Modification is? It was stated to me that a Streamline Modification is a prescreened modification ; I stated that our application was not factored in the decisions because if I could afford {$1600.00} payments, we wouldnt be in a hardship. Please note that I have been very frustrated with this entire modification process and I feel that we will never receive a modification with Ocwen. In XX/XX/XXXX- XX/XX/XXXX we went thru the same run around with GMAC ; we had to get an Attorney to get the modification. I cost us over {$2000.00} to hire an attorney. Later to get a letter on XX/XX/XXXX from Paying Agent XXXX XXXX, XXXX stating that we were eligible to receive a payment as a result of an agreement between federal banking regulators and XXXX XXXX XXXX in connection with an enforcement action related to deficient mortgage servicing and foreclosure processes. A payment of {$400.00} was sent to us, after our mortgage was sent to Ocwen by GMAC in XX/XX/XXXX. Please also note that I have had previous dealing with Ocwen in the handling of my Grandmother and Mothers home, a house my grandfather build in the early XX/XX/XXXX. The house was paid for, over the years it started to need some fix up work, my mom and grandmother to out an equity loan with Ocwen, they were on a fixed income. Ocwen gave them an adjustable mortgage loan, after a few years the mortgage went up to almost a 15 % interest rate. My Grandmother was in her XXXX and my mom in her XXXX. After trying to get the home refinanced and being turned down because the house was not of value to cover the loan that Ocwen gave my family, I took over the handling of the mortgage situation. I was authorized to speak with Ocwen about my family home, after going back and forward with Ocwen pleading with them for a modification with a fixed rate or anything to help them with their situation. After approximately two years writing letters to Ocwen litigation department, Ocwen foreclosed my family home that I was raised up in, I then forwarded all of the information and letters to my mothers attorney. I had found that Ocwen sent an appraisal company of their choice from XXXX Virginia to appraise my family home, I saw in the appraisal upgrades that were not in the home and never have been in the home and that the appraiser compared the 40 year old property with other houses that were only within 20 years of age. The attorney took the case and within four months my mom received the deed to their property paid in full. The name of the law firm was the XXXX XXXX XXXX XXXX @ XXXX, Case # XXXX in XX/XX/XXXX under the name of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA. XXXX. It was good to see resolutions to our problem, but it does not help the pain and sorrow you feel when families are going through the crisis. The mortgage companies got vacant homes sitting on the books because people just gave up on trying to deal with these companies with all the games they play, only to be investigated later and having to pay money to the Government that they have made on the loss of families properties with equity from years trying to make the payments as agreed. In XX/XX/XXXX I filed a complaint against XXXX XXXX XXXX with Congressman XXXX XXXX XXXX in XXXX XXXX Virginia, Ocwen took about 9 months before issuing a final response, It was a bogus response without details. In XX/XX/XXXX after we received a foreclosure sell date date on our property, I retained a Attorney XXXX XXXX XXXX, XXXX. to keep from loosing our home. Attorney XXXX filed a motion in the XXXX XXXX Courts to stop the sale of our property and began working on a modification. We later received a motion from attorney XXXX to Withdraw From Counsel in XX/XX/XXXX, the motion was filed based on false claim. I showed up in court on the scheduled court date, a young lady approached me when I entered the courtroom, she stated to me that she was attorney XXXX XXXX XXXX representing attorney XXXX XXXX. Attorney XXXX approached the stand and argued the case before the Judge without stating her name and affiliation with attorney XXXX, I told the judge that I was only behind in my payment to the attorney, attorney XXXX supported the false motion filed, I DID NOT Argue the case when she lied because I felt that I did not need an attorney that will file a false motion against me. After the case attorney XXXX gave me her business card and stated to me that if I had any questions, to call her. A few weeks later after we no longer had no attorney representation, we received a letter from the local attorney firm representing XXXX XXXX XXXX, the firm was the same name that was on the card that attorney XXXX XXXX gave me after the hearing I had for my attorney. The firm name is : XXXX XXXX XXXX / Attorneys at Law. My wife moved out the house do to the stress of our situation, we received another sell date and I had to file bankruptcy to keep from being charged on our credit with losing our property in Mortgage Forecloser and mortgage repossession. 

I filed complaints against both attorneys with the Virginia State Bar Association in XX/XX/XXXX, I waiting for a response. Please feel free to call me anytime @ XXXX. 


Sincerely, XXXX XXXX XXXX.

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