Consumer complaint received 2017-10-25
Company: Ocwen Financial Corporation
State: CO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
On XXXX/XXXX/XXXX, I, XXXX XXXX, XXXX, XXXX XXXX, signed a Deed of Trust in favor of XXXX XXXX  XXXX, for the purchase of my home. Ocwen Loan Servicing, LLC., on behalf of XXXX XXXX  XXXX XXXX XXXX XXXX took over servicing of the loan. I never received correspondence from XXXX stating that the loan was sold. My problems began XXXX when Ocwen returned payments of XXXX, and XXXX that was sent by myself to catch up arrearages due for my mortgage. When I called Ocwen 's customer service, I was told that their policy was anything over XXXX days past due was referred for foreclosure, and payments were received on day XXXX, and therefore refused, and returned. I requested a copy of their policy, as it was not posted on their website, nor was posted on any of my closing paperwork. They refused to provide the policy. However, they stated that I could apply for a modification, but the foreclosure process would proceed until an offer was given to me. I applied for the modification, and was sent an offer dated XXXX/XXXX/XXXX where the first page of the offer stated that the payment was going to be $ XXXX. On the second page, it stated that the initial down payment was to be XXXX, due XXXX/XXXX/XXXX, and monthly payments were going to be $ XXXX starting XXXX/XXXX/XXXX, which would bring the account current. And, a remaining balloon payment would come due XXXX/XXXX/XXXX, with no discriminate number for the balloon payment. I put in several calls to Ocwen requesting a scheduled appointment with a 'relationship manager ', which was scheduled for XXXX on XXXX/XXXX/XXXX, to explain to me what payment I was to send with my paperwork since there was conflicting information, and to also explain the balloon payment. I did n't receive a call back as requested. I called again, and reset a scheduled call that was to take place XXXX/XXXX/XXXX. No call was received. I signed, and sent the paperwork over to the fax number provided anyway, but did not send a payment because I did n't know what amount to send. The next correspondence I received from Ocwen was on XXXX/XXXX/XXXX, requesting a new XXXX XXXX. Ocwen proceeded to send me requests for paperwork already received, stating they were re-starting the modification process since I did not return the paperwork, and payments by the due date. In the meantime, they filed for foreclosure that was scheduled for XXXX. Ocwen continued to ask for paperwork they already received, and so I filed joint XXXX XXXX bankruptcy with my now XXXX that went into effect just before the foreclosure date in XXXX. I filed for divorce in XXXX. Payments were made in full and on time of XXXX until XXXX, when my XXXX XXXX was found to not be paying his portion of the trustee fee. I was advised by my bankruptcy attorney at the time to not make payments, as I was going to be refiling a single Chapter XXXX bankruptcy through the XXXX XXXX XXXX, and back payments would be included in my bankruptcy, to allow me to afford my attorney. My new bankruptcy took place in XXXX. However, my trustee fee was triple what I was originally paying in the joint bankruptcy, and I could not afford both the mortgage payment, along with the trustee fee, and I was ordered to care for my XXXX XXXX children, as well as my own, totaling XXXX children in the home at the time. As well as it took me almost XXXX years to have child support ordered through the courts due. I again applied for a loan modification through Ocwen, with the assistance of XXXX XXXX XXXX XXXX XXXX/XXXX/XXXX. My point of contact at XXXX, XXXX XXXX, attempted to submit, and resubmit, all requested paperwork to Ocwen from XXXX, almost on a monthly basis. Ocwen had completed packages, per XXXX XXXX, on numerous occasions, yet continued to request the same paperwork again, and again. Thus, putting me further, and further behind on my mortgage, as they would not accept payment during this time. Throughout this entire time, Ocwen did not refuse a modification. However, did not offer XXXX, and only kept requesting documents that were already received, and confirmed. Ocwen finally filed a motion for XXXX of XXXX in my bankruptcy, XXXX, which was granted XXXX. I re-filed again, a complete modification package with Ocwen XXXX, and sent over requested additional paperwork XXXX. Ocwen would not speak with me directly regarding the new paperwork, stating that they needed a release from my bankruptcy attorney to do so, despite the fact that they received the relief of stay in the bankruptcy. I chose to re-enlist the services of XXXX XXXX/XXXX/XXXX. I received a notice from Ocwen that I had until XXXX/XXXX/XXXX to bring the account current, or they were filing for foreclosure. My bankruptcy attorney had to re-send the authorization XXXX times before Ocwen finally agreed to speak with me. On XXXX/XXXX/XXXX, XXXX XXXX XXXX XXXX XXXX 's local XXXX, CO attorney 's, XXXX and XXXX, filed a Verified Motion for Order Authorizing Sale Pursuant to Rule 120, Colorado Rules of Civil Procedure. I was informed by service that my initial foreclosure sale date was to be XXXX/XXXX/XXXX. On XXXX/XXXX/XXXX, XXXX XXXX court granted the motion for sale. However, Ocwen chose to not act on this order. Instead, Ocwen continued to correspond with me through regular mail, and email regarding my modification request ( dual tracking ). Ocwen continued to consistently request the same documents over, and over again, despite having complete packages. I was told that my relationship manager was XXXX XXXX. During this time, XXXX was having difficulty communicating with Ocwen, as they stated that they did not have an authorization from me to speak to them, even though that was part of the paperwork that had been sent over. I began contacting Ocwen 's modification department directly, have had numerous monthly phone contacts with Ocwen, ( I have detailed notes of who, and when I spoke with in their modification department ), and was never able to speak with XXXX XXXX because she was always on another line ( no single point of contact ). I finally called XXXX 's local attorney 's office, XXXX and XXXX on XXXX/XXXX/XXXX, and spoke with XXXX, their paralegal. When I told her the problems I 've had with their client, XXXX immediately set out the foreclosure date for XXXX/XXXX/XXXX, and sent an email to Ocwen for them to reflect the new date. I then continued to contact Ocwen, and spoke with several different people who stated that they still saw XXXX/XXXX/XXXX as the foreclosure date. On XXXX/XXXX/XXXX, I received a modification denial letter dated XXXX/XXXX/XXXX. The denial letter stated that the only reason for denial was because it was within XXXX  days of the foreclosure sale date, which was actually pushed out. I contacted XXXX at XXXX and XXXX once again, and she again pushed the foreclosure date out to XXXX/XXXX/XXXX. On XXXX/XXXX/XXXX, I then chose to enlist the services of XXXX XXXX XXXX, Attorney at Law, who attempted to request a copy of my file from Ocwen, to no avail. Concurrently, XXXX and XXXX filed on behalf of XXXX XXXX  XXXX XXXX XXXX, a motion for an Amended Notice of Hearing XXXX XXXX hearing from XXXX and XXXX, dated for XXXX/XXXX/XXXX. On XXXX/XXXX/XXXX, Ocwen sent correspondence acknowledging my " Request for Mortgage Assistance '', again claiming that additional documentation was needed. On XXXX, XXXX, the hearing was re-set for XXXX/XXXX/XXXX. Ocwen then sent another modification packet insisting that regardless of the previous packet received, that I needed to fill out a new packet. That packet, along with all required documentation was delivered to Ocwen via my attorney, and XXXX and XXXX on XXXX/XXXX/XXXX. The hearing scheduled for XXXX/XXXX/XXXX, was vacated, and re-set for XXXX/XXXX/XXXX. On XXXX/XXXX/XXXX, I finally received a 'Streamlined ' Mortgage Assistance offer dated XXXX/XXXX/XXXX, for XXXX trial period payments of XXXX to be made no later than the last day of XXXX. XXXX, and XXXX. However, the agreement had to be signed, and received no later than XXXX/XXXX/XXXX. There are no terms, interest rates, or anything detailing an itemized plan for the modification attached. Also, the paperwork lists XXXX XXXX as my relationship manager. I attempted calls to Ocwen, to speak with XXXX XXXX, because the payments are actually higher than what I was originally paying, and I can not afford the trial payments, hence the application for a modification in the first place. As well as wanting an explanation as to what the terms and conditions of the modification was going to be before I signed any paperwork, or sent any payments, putting myself automatically into an agreement that I was not able to afford, or know the terms to. I was continuously informed that they could not speak with me because I was represented by an attorney, On XXXX/XXXX/XXXX, my attorney sent over a letter to XXXX and XXXX, requesting them to forward to Ocwen, his permission to speak with me directly regarding anything to do with the modification, along with both my XXXX modification offer, the new trial payment plan offer as attachments. On XXXX/XXXX/XXXX, I contacted Ocwen 's modification department. Again, I was told that they could not speak with me directly, and to call my NEW relationship manager, XXXX XXXX, NOT XXXX XXXX, at a direct line ( which I 'd never been provided before ). I immediately called the number given, and left a message. My call was returned by XXXX later that afternoon, and again reiterated that he could not talk to me because of being represented by an attorney, and that they never received any letter from their attorney 's. He told me to fax or email the letter, and give him a couple of days to update the account. I emailed it immediately, and received a email notification from Ocwen 's modification department that it was received. I called to follow up on XXXX/XXXX/XXXX, and left a message for XXXX. After not hearing back for days, I, again called on XXXX/XXXX/XXXX, and left another message for XXXX. I called again on XXXX/XXXX/XXXX, and left another message for XXXX. On XXXX/XXXX/XXXX, I finally received a call back from XXXX stating that the trial payments had increased because it 's based off of XXXX XXXX of what the home is currently valued, as well as the loan to value, and what is now currently owed in arrearages. I explained to him that I can not afford to continuously make the trial payments after the XXXX months, as long term, they are not affordable, and why I requested a modification to begin with over XXXX years ago. I requested for him to send the terms of the modification, so that I know what agreement I would be entering into after the trial payments. He said that he can not do that, because I 'm required to make the trial payments first. I explained that I did n't want to enter blindly into an agreement that I do n't know what the terms are going to be, nor a payment plan that I may not be able to afford long term. I also explained to him that I would not be in this situation to begin with, had Ocwen honored my payments in XXXX, honored their modification agreement that was originally offered to me in XXXX, as well as their constant dragging out the modification requests for the last XXXX years. I first asked for him to send the modification back up to underwriting to re-evaluate the trial payments, in which he refused stating that this was the best offer I was going to get, and that he would deny the modification offer. I told him if he was n't willing to help me as my 'relationship manager ', to connect me to a supervisor. He placed me on hold, and came back to tell me that his supervisor was busy with another customer. I asked for her name, and he gave me XXXX XXXX. He said he spoke with her briefly, and that they would escalate my file back up to underwriting for review, and to follow up with him the following week. On XXXX/XXXX/XXXX, I attempted to follow up, but had to leave a voice mail. On XXXX/XXXX/XXXX, XXXX called early in the morning, and left a voice mail. I called him back later that morning, and his voice mail stated that he was out of the office until XXXX/XXXX/XXXX, and that an XXXX, at another number, would be taking his calls until he returned. I called the number for XXXX, and his voicemail stated that he was out of the office until XXXX/XXXX/XXXX ( which had passed ), and that a XXXX, at yet another number, would be taking XXXX 's calls. I left a detailed message on XXXX 's voicemail regarding follow up on my modification. I also called the number for XXXX, who 's voicemail said he, too, was out until XXXX, and also left a detailed message regarding follow up on my modification. I received no return calls until XXXX/XXXX/XXXX from XXXX. I was n't able to answer the phone, so he left a message. I returned his call that afternoon, but received his voicemail. I left a message, and am still awaiting a return call. Ocwen is in violation of several Colorado state consumer laws, neglectful account management, potentially fee stacking, not applying payments properly, and other predatory lending practices.

Company response to consumer: Closed with explanation