Consumer complaint received 2016-05-24
Company: Ocwen Financial Corporation
State: TX
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I filed Chapter XXXX Bankruptcy in XXXX. At the time my loan was current. My Mortgage company filed Bankruptcy and the loan was sold, then after I filed I was told to do a loan modification. The Modification was done in XXXX with OCWEN. We filled out all the paperwork and were told that to qualify for the loan the payment needed to be in default and to stop making the payment while the modification was being processed, reluctantly we did. After months of waiting the modification was done and they ended up adding XXXX to the balance of our loan. At that time as far as all the paperwork the loan was current and the escrow was current. The remainder of XXXX, XXXX and up until XXXX XXXX all the payments were made and the escrow was fine. In XXXX XXXX OCWEN removed over XXXX from my escrow account calling it a POC ( proof of claim ), which they claim was a pre-petition shortage in our escrow, this is impossible 1. the account was current when the Chapter XXXX was filed 2. they did not even have the loan in XXXX when the Chapter XXXX was filed 3. if they filed a proof of claim the court would have it and 4. if this was an accurate claim payments would have been to them by the Trustee as part of the proceedings. Their action have put my escrow in a negative balance and then they upped the payment over XXXX per month, which could not be afforded because we filed Bankruptcy. We immediately contacted them explained if they had a Proof of Claim they should contact the Trustee handling our Chapter XXXX and they had no right to remove this money from our escrow account, I am still waiting for them to give an explanation. Meanwhile they have been applying my payments to this shortage and now my payments are behind. I just contacted them again today requesting a line by line accounting of the XXXX added to my loan, and a copy of their proof of claim for our attorney. I was met with condescending, argumentative and a rude response. They told me I should have my attorney contact their attorney when I asked for the name and contact information, they were unable to provide that. When I asked for a copy of the proof of claim the response was " well its not a proof of claim it was a transfer of claim '', they did n't have a copy to send me. I was asked if the line by line accounting was for my attorney I responded yes, and I was told that he should call for it. I told them this is my account I have the right to ask for copies of any documentation related to my account, I was told it would take 10 days. Now I have been getting nowhere with OCWEN for 11 months regarding this escrow discrepancy and our Bankruptcy is nearing the end of its period, ( XXXX XXXX ). We were told if we did n't bring the account current in XXXX XXXX they would file for foreclosure, we have quite a bit of equity in our home and we will not lose it. The Escrow account is not for OCWEN to remove money from whenever they feel like it. IF they had a claim it should have been dealt with by the Trustee of our Chapter XXXX. Due to their actions my account is behind. They refuse to send me the documentation I have request and refuse to explain themselves for over 11 months now. We believe that they are purposely dragging this out so they can file for foreclosure in XXXX and make even more money because we have XXXX in equity in the home. If something is not done we stand to lose our XXXX in equity along with our home, time is of the essence in this situation and I am getting nowhere with OCWEN. I have contacted our Bankruptcy Attorney for guidance and OCWEN needs to be stopped. I have read over XXXX complaints against OCWEN regarding the same type of deceptive acts, and after reading the complaints realize that this senario is being played out over and over every day.

Company response to consumer: Closed with explanation