Consumer complaint received 2017-08-23
Company: Ocwen Financial Corporation
State: LA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
The company is Ocwen Loan Servicing, LLC and the current mortgage was in the name of my parents. The real property is a declared disaster home from XX/XX/XXXX flood. In light of the flood, I was court appointed Power of Attorney over my parents and their damaged property. Unfortunately, my father XXXX XXXX unexpectedly XX/XX/XXXX and my parents had been temporarily housed in a FEMA mobile home unit until repairs were completed ; my mother continues to occupy the mobile home. Ocwen was notified of my father 's XXXX almost immediately and was provided the original XXXX XXXX. I retained legal counsel due to the absence of a will and testament. My attorney began the proceedings for a Small Succession to support and ensure proper transfer of ownership surrounding the damaged property. My father was a XXXX  XXXX veteran from the XXXX branch and was XXXX XXXX XXXX in the XXXX XXXX reserved for our XXXX XXXX. There is a flood insurance claim which was filed and those funds have been forwarded to Ocwen but can not be liquidated for repairs because the name of the account was changed to reflect an estate of my XXXX  father. According to U.S. Federal Civil Law, the Affidavit of Small Succession dissolved such estate when my mother, as surviving spouse and myself, decedent 's only heir were duly sworn and deposed by an officer of the court. This affidavit has been filed and recorded as of XX/XX/XXXX. Ocwen continues to argue their company policy for Assumption is the only avenue to secure full ownership of the property. The affidavit clearly states entitlement to my mother as Usufruct and my entitlement as Naked Ownership in the jurisdiction of the state of Louisiana. The LA Code of Civil Procedure Article 3434 is outlined and defined within the affidavit for reason of any confusion to those whom may not be familiar with community property states and transfers of ownership. Ocwen was contacted officially with request of escalation on XX/XX/XXXX and supporting documentation was submitted XX/XX/XXXX. Ocwen denied my first request to change the name of the account and adhere to the federal affidavit. The request is now with an escalation resolution team who still does not have a resolve for my request and now we exceed 60 days. As I continue to reach out to Ocwen daily, I meet constant failure to adhere to the filed and recorded affidavit and am told repeatedly that the transfer of ownership can only be achieved through the Assumption process. Please note this account is current and is in no way associated with delinquency, foreclosure, or deed in lieu. I have been accountable and responsible for the payment history for the past 6 months which demonstrates a prudent and determined behavior to remain in good standing until the payoff of this mortgage loan. The delay from Ocwen to adhere to the Civil proceedings not only is unfair treatment but prolongs the repair and restoration of the disaster declared property. I am seeking assistance from the highest rank of Government for consumers whom continue to be railroad by mortgage companies like Ocwen.

Company response to consumer: Closed with explanation