Consumer complaint received 2015-08-23
Company: Ocwen Financial Corporation
State: FL
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
My loan originated with IndyMac Mortgage who then became XXXX west with XXXX XXXX and now Ocwen who claims to be a division of XXXX XXXX XXXX. XX/XX/XXXX or XX/XX/XXXX I contacted XXXX to discuss a loan modification due to the fact I was already severely underwater after just two years of ownership and as a result of an obvious rouse performed by the banks to steal the average home owners home and savings. I was told in no uncertain terms that the only way to qualify was to be at least XXXX months late on my payments, which at that time and never before in my life was I. After several months of phone calls and heavy heart, I conceded and stopped making the payments as directed. I was also told that my reason for default hard to be due to " hardship '' and not simply that I was fleeced and trying to make the best out of a bad situation. Due to the fact that my profession was XXXX in XXXX Florida { my entire life } that was n't too hard because their simply was n't a market for construction due to the banks and wall streets collusion and misdeeds. I was served a default letter and soon thereafter received my foreclosure papers. Soon thereafter, I applied for my loan modification, as I was coerced to do, along with all the required paperwork and cashiers check for the amount agreed to with the banks scam artist servicer. After the three month review period expired, I was informed I did not qualify. The money was not credited to my account { kept by servicer } and never returned. Due to my desperation to keep my home, I applied again but this time did a better job of documenting my conversations with the servicer and included with each payment the terms agreed to with them. My letters explicitly said " If you accept and cash these payments then you agree to these terms as you proposed and are described in this letter as represented to me by the servicer, on the banks behalf. 
Of course they took the money, denied my loan modification again and did not and would not give me an account as to where the funds went, even to this day! Subsequently I hired an attorney to defend myself. It has been 7 years since the foreclosure started and XXXX or XXXX law firms for the banks later and my case may finally becoming to trial. Herein lies the biggest rub of them all, even though their is evidence In my case of a confessed Robo Signer, XXXX acting as the owner, a lost note and mortgage filing from the bank, thus an admitted lack of standing by the banks at time of filing the lawsuit, etc. I was advised by my law firm two years ago that the case was too unpredictable and filing for Bankruptcy was my best course of action to protect myself and postponed an impending trial. I was told that I needed to shed the debt so when the time came to deal with the banks, I would be in a much better position. Although heavily in debt due to the losses incurred in my business which I personally was liable for, I had made payment plans with my creditors, on my own, and was admittedly struggling but keeping up with them. None the less, I reluctantly filed as my attorneys stated that they were not ready to take my case to trial because the environment in the court room was too ambiguous to give me a fair trial. I deliberately did not submit to a loan mod or allow the house to become part of my payment plan, as I was expecting to have my day in court after the bankruptcy. Fast Forward to the present, I am now being told that due to my filing, I surrendered my house, and have very little recourse or defense in court even though it is not part of my payment plan! I am told that the banks are now using this tool to steal back the homes that they most likely have already been paid for or will be reimbursed for if they do n't get them back! Please Help!

Company response to consumer: Closed with explanation