Consumer complaint received 2021-06-30
Company: Ocwen Financial Corporation
State: NJ
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
My FHA Case number is XXXX Property XXXX XXXX XXXX, XXXX, NJ XXXX I have several issues that need to be addressed separately and under Section 6 of Respa which states each item must be addressed separately and within 20 days. It has been more than 20 days and over 60 days without PHH answering 1. My home was sold without going on the market for the required 15 days which is in violation of HUD. PHH sold a home worth {$250000.00} for only {$91000.00} and the sale was not a non arms lengths transaction. XXXX did not own the loan or have an interest in the loan so we are requesting documentation that XXXX XXXX gave PHH permission to sell the home, to process the foreclosure in their name and proof that they forwarded the proceeds from the sale to XXXX XXXX. FHA rules state -- - '' An independent third-party provider to market or conduct the foreclosure sale or Post-Foreclosure Sales Efforts, provided the Property was marketed for a minimum of 15 Days before each scheduled sale. '' An Independent Third-Party Provider is a party that conducts the foreclosure sale or additional Post-Foreclosure Sales Efforts, including marketing efforts in support of such sales under Claims Without Conveyance of Title ( CWCOT ) procedures, and who is not one of the following : an Affiliate or subsidiary of the Mortgagee ; any Entity over which the Mortgagee has significant influence ; or any Entity with which the Mortgagee has a conflict of interest in fact or appearance.

An independent third-party provider to market the Property prior to any foreclosure or Post-Foreclosure Sale Efforts or to conduct such sales to ensure maximum competition for both the foreclosure sale and Post-Foreclosure Sales.

With this property selling for 40 percent of Market Value maximum competition was not performed. 

2. We need an understanding, how did PHH/Ocwen create an assignment and assign the loan to XXXX XXXX in XXXX when the Trust, XXXX XXXX XXXX XXXX XXXXXXXX closed in XXXX and could not accept any new loans after the trust was closed. Also the loan was in default and the trust would have been in violation of REMIC law which would have voided the trust. Please should proof other than the fraudulent assignment that this loan was transferred to XXXXXXXX XXXX. Who authorized this fraudulent assignment and who authenticated this assignment. Without the assignment being authenticated PHH was not allowed to foreclose. Please verify who and How the assignment was authenticated.

3. Prior to foreclosing the PHH had to have a in Person interview prior to foreclosing. please provide proof of the in person interview as this did not occur.

4. PHH was must serve the Borrower, which is my serve that they corrected all deficiencies with title prior to foreclosing, please provide proof of service that the letter was sent 5. Please provide proof of service that PHH served me prior to foreclosure

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation