Consumer complaint received 2019-09-24
Company: Ocwen Financial Corporation
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I got behind on my mortgage after I incurred unforeseen expenses in helping my ill, elderly motmy to relocate from storm-ravaged XXXX XXXX and move in with me. After I was sued in foreclosure, I applied for a mortgage modification and was offered a trial streamline modification from my former servicer, Ocwen. I timely made the first payment in XX/XX/2019. The servicing of my loan was transferred from Ocwen to PHH/XXXX close in time to the commencement of my trial plan. 
In early XX/XX/2019, I called PHH/XXXX to make my timely second trial payment. I stated that I wanted to make a payment in the amount stated on my trial offer as the required monthly trial payment : {$1300.00}. Instead, however, the representative with whom I spoke insisted that the required payment was less than the amount stated on the trial offer, and even though I was worried and reluctant, I believed that the representative had superior information and followed his instruction to make the lesser payment. 
My apprehension later proved to be warranted when I called PHH/XXXX to make my timely third trial payment in XX/XX/2019 and was told that I had been kicked out of my trial plan because my XXXX payment was insufficient. I explained to the PHH/XXXX XXXX employee that I had made the payment that I was instructed by PHH to make, and even asked that PHH/XXXX  XXXX listen to a recording of the call if one had been made and retained so that PHH/XXXX XXXX could see that the error was on PHH/XXXX XXXX XXXX part. PHH/XXXX XXXX agreed to investigate. 
Increasingly worried that I might lose my house despite being offered a trial modification and complying with my servicers instructions, I called PHH/XXXX  XXXX several times in XXXX and XXXX to find out the results of its investigation. Finally, on or about XX/XX/2019, PHH/XXXX XXXX informed me over the phone that PHH/XXXX XXXX had listened to the tape of my call in early XXXX to make my trial payment, and that I had accurately described the events : I had tried to make the correct payment, and the PHH/XXXX XXXX employee had insisted on collecting a lesser payment. Upon making that determination, PHH/XXXX XXXX directed me to make a payment representing trial payments for XXXX and XXXX, as well as the difference between the correct trial payment for XXXX and the payment that the PHH/XXXX   XXXX employee had insisted upon. The total amount of the payment required by PHH/XXXX XXXX was {$2700.00}. PHH/XXXX XXXX told me that in order to restore my trial modification, the payment must be received by PHH/XXXX XXXX no later than XX/XX/2019. 
On XX/XX/2019, I sent a check for {$2700.00} to PHH/XXXX   via USPS Express Mail to the XXXX, Pennsylvania address provided to me over the phone. When I tracked the delivery, I saw that it had been delivered to the post office in XXXX, Pennsylvania at XXXX XXXX on XX/XX/2019. I called PHH/XXXX  promptly thereafter to confirm delivery, but a representative told me that the payment had not been received. I called repeatedly thereafter, but each time, PHH/XXXX told me that my payment had not been received. I called the post office in XXXX and was told by a USPS employee that the package had been deposited into the PHH/XXXX post office box and there was nothing further that the USPS could do to cause PHH/XXXX to collect the package. I pleaded with PHH/XXXX to accept a phone payment from me, becausefor reasons that were not then and still are not clearPHH/XXXX had not looked for the package I had sent, much less applied my payments. 
On or about Friday, XX/XX/2019, I and my advocate from XXXX XXXX XXXX XXXX telephoned PHH/XXXX. During that lengthy call, my advocate and I had to summarize all of the foregoing for the PHH/XXXX representative, who initially saw only the old notes about the insufficient XXXX trial payment and was unaware that that dispute had been resolved in my favor. I told the PHH/XXXX   employee ( who identified himself as XXXX, employee # XXXX ) the address I had sent the check to, and the employee conceded that I had sent my payment to the correct address. He indicated that he would send a message to the mail room instructing them to check the post office box for my payment. At that point, he said, either the payment would be applied and I would then be asked to make another trial payment for XXXX ; or the payment would be returned to me and I would be asked to make one payment representing the shortage of the XXXX trial payment plus trial payments for XXXX, XXXX, and XXXX. We were encouraged to call back the following Tuesday to follow up. When I asked if I could simply resolve the matter by making the full payment over the phone, the PHH/XXXX representative said it was not possible. 
My advocate at XXXX XXXX XXXX XXXX called PHH/XXXX on or about Tuesday, XX/XX/XXXX, and was told that PHH/XXXX   was still investigating. The representative suggested calling back on Friday. 
My advocate at XXXX XXXX XXXX XXXX called PHH/XXXX on or about Friday, XX/XX/XXXX, and was told by employee XXXX that PHH/XXXX is still looking for my payment and meanwhile the mod is still canceled and " may not be '' revived. My advocate asked to be transferred to a supervisor. Once connected to a supervisor ( employee XXXX ), my advocate had to explain the entire issue once again to him. After putting the call on a lengthy hold, the supervisor returned to the call and said that trial modification can not be reinstated until the payment is posted and PHH/XXXX is still looking for it. The supervisor said he had put in an " escalated '' inquiry to track the payment. Since last Friday, I have had no updates on PHH/XXXX supposed efforts to find my payment.

Company response to consumer: Closed with explanation