Consumer complaint received 2021-11-18
Company: Ocwen Financial Corporation
State: NY
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
I am the owner of a property located at XXXX XXXX XXXX, XXXX XXXX, New York ( the Property ) pursuant to a deed from, and a court stipulation with, XXXX XXXX. XXXX XXXX XXXX  XXXX, As Trustee for XXXX XXXX XXXX XXXX XXXX, Mortgage Pass-Through Certificates, Series XXXX ( XXXX XXXX ) is the current record fee owner of the Property as a result of a foreclosure sale pursuant to a Judgment of Foreclosure and Sale. I am currently in litigation with XXXX XXXX before the Supreme Court of the State of New York, Appellate Division, Second Department, attacking the Judgment of Foreclosure and Sale granted in a prior mortgage foreclosure action due to improprieties in that action -- because the Judgment of Foreclosure and Sale relied upon a vacated order of reference, and because XXXX XXXX died during the pendency of the foreclosure action and his estate was never substituted, divesting the Supreme Court, XXXX XXXX of jurisdiction to continue the foreclosure action to enter the Judgment of Foreclosure and Sale. XXXX XXXX and its servicers, Ocwen Loan Servicing , LLC, now PHH, failed to preserve and maintain the Property since acquisition of the Property at the foreclosure sale in XXXX. I have put XXXX XXXX and its servicers on notice several times that the foundation of the Property and an underground, abandoned oil tank needed immediate remediation. Flood waters from Hurricane Ida breached the foundation and now with each rain fall, water flows freely causing the foundation to have moved fouXXXX inches. The foundation walls are buckling and the driveway is sinking. 

I have made multiple offers to acquire the Property with the numerous attorneys who have represented XXXX XXXX. The most recent attempt was made before a mediator in the Appellate Division, Second Department as part of a mandatory settlement conference, between me, an attorney for XXXX XXXX and a representative from PHH. The mediator requested an appraisal and inspection of the Property.The appraisal came in at {$370000.00}, and according to XXXX XXXX attorney, the Property insurance would not fix the damage to a REO property. This begs the question -- why are REO properties bring charged for this forced placed insurance. I was also told that Im a third party and have no rights. I have an estimate to fix the issues with my home of {$55000.00}. At the Court mediation, given the condition of the Property and the appraisal, I offered {$300000.00} to acquire the Property. XXXX XXXX counter was a demand for {$470000.00} but would not make any repairs and, absent payment of that amount, XXXX XXXX would commence eviction proceedings in XXXX 2022.I have made several phone calls to XXXX XXXX XXXX XXXX they informed me via recorded message left on my cell phone that XXXX XXXX XXXX XXXX sold a block of interest, which included my property to PHH. The PHH representative denied my statement during our mediation, stating they are the servicer of my property hired my XXXX XXXX. The XXXX XXXX XXXX records as of XX/XX/XXXX, confirm the deed is titled to XXXX XXXX have lived in my house since XXXX, I have maintained the property and made substantial capital improvements. Estimated monies spent are well over {$200000.00}. 

XXXX XXXX and its servicers have engaged in deceptive and misleading conduct ; unfair and deceptive practices ; illegal and unscrupulous behavior ; breach of the duty of good faith and fair dealing, fraud, negligence, negligent misrepresentation, unfair competition ; violations of the Real Estate Settlement Procedure Act ; unjust enrichment ; securities law ; breach of fiduciary duties to the companys shareholders ; failure to mitigate damages ; violated the warranty of habitability ; harassment ; Breach of fiduciary responsibility ; conflict of interest between XXXX XXXX XXXX  and PHH ; violation of a pooling and service agreement.Having been personally attacked by big bank violations makes me certain Im not alone. There has to be many others being taken advantage of. I urge you to hold these banks accountable for their bad deeds, and pray for swift action. This has been my home for nearly 14 years, my many offers to settle have fallen on deaf ears. Their threat to evict me is a frivolous waste of the courts time. My offers to settle for fair market value of my home, should have been accepted years ago, saving the bank thousands of dollars. Each year that passes my foundation continues to crumble, which will cause my homes value to depreciation even further. I pray for your intervention and rescue my home from these predators.

Company response to consumer: Closed with explanation