Consumer complaint received 2020-03-20
Company: Ocwen Financial Corporation
State: GA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
XXXX  which is doing business as PHH Mortgage Services, Located at XXXX XXXX XXXX, XXXX XXXX, NJ XXXX provided me with a notice of pending foreclosure action set for XX/XX/XXXX. See Exhibits 1 & 2 Attached. 

PHH Mortgage assigned XXXX XXXX XXXX to act on their behalf to conduct the non-judicial foreclosure sale. 

In good faith, I am on the mortgage and I have been working since XX/XX/XXXX with all parties to request an alternative to foreclosure via a short sale or loan modification. All requests have been denied. I believe my request should be reasonable, because I have resolved my income issues, where I am XXXX  and I have the ability to pay. Despite this fact, PHH Mortgage has told me that they do have a program in which I fit under their guideline for a loan modification even if I can pay more than double the monthly payment amount. 

My loan is not owned by neither XXXX XXXX nor by XXXX XXXX. 
My loan is not a Government Guaranteed loan under FHA nor VA. 
My loan was made as a conventional loan back in XXXX. 
I am XXXX ( XXXX ) years old and my wife is XXXX. XXXX/ PHH is not offering us any abatement due to the declared National Emergency Act, established by President Donald J. Trump . 

Therefore, even though FHA and HUD 's made public policy statements on XX/XX/XXXX announcements for Foreclosure Abatement, my Servicer have made no plans to honor the National Emergency due to the Coronavirus for any additional time. 

At issue is that I have submitted a Short Sale Package through XXXX XXXX XXXX, where bona fide realtors, XXXX XXXX and XXXX XXXX have found a buyer and have listed the home for a short sale as an alternative to foreclosure. 

PHH and their law firm XXXX XXXX has told me on two occasions that they have no plans to remove the property from XX/XX/XXXX non-judical auction. Particularly, PHH is not allowing for more time to be granted, so that, the pending Short Sale offer can be fully reviewed and granted. See Short Sale Exhibits. 

We believe that XXXX/PHH Mortgage Services is not acting in good faith in providing us with an alternative to foreclosure. 

The points that are most troublesome are the following facts : 1. On XX/XX/XXXX, XX/XX/XXXX " Consumer Financial Protection Bureau Director XXXX XXXX XXXX made the following statement today after the U.S. Department of Housing and Urban Development and the Federal Housing Finance Agency announced a moratorium on foreclosures and evictions : " The actions taken today by HUD and FHFA are timely and an important step in providing assurance to consumers. I commend my colleagues at HUD and FHFA for being proactive on this issue and providing Americans with much needed peace of mind during this uncertain time. 
" Earlier this month, the Bureau, along with our Federal and State partners, encouraged financial institutions to work with their customers affected by the coronavirus. Consumers first stop in the face of hardship is with their creditors and their financial institutions, so our message was important for regulated entities to hear ... ..For consumers, the Bureau continues our work to protect them in the financial marketplace. We have released resources for consumers to understand issues that may arise as a result of COVID-19, including information on how to protect their finances and how to submit complaints. Our team is ready to help consumers resolve issues with their financial services providers who submit a complaint through our consumer complaint system. '' It appears that XXXX  XXXX/PHH Mortgage Services are deliberately ignoring our call to abate the pending foreclosure sale that affects us at the worst possible time. 

2. We are senior and XXXX citizens. XXXX XXXX/PHH Mortgage Services are trying to force us into bankruptcy as our only alternative to stay the sale. The bankruptcy would be disastrous to our livelihood, among other things.

Company response to consumer: Closed with explanation