Consumer complaint received 2022-09-27
Company: Ocwen Financial Corporation
State: FL
Product: Mortgage
Sub-product: Reverse mortgage
Issue: Trouble during payment process

Complaint:
( Note : most of the actions below were taken through my attorney who is representing me in the foreclosure case ). 

I have filed two previous CFPB complaints which pertained to my status on the loan. I signed the note as a borrower, however, PHH is refusing to grant me borrower status. While I have not yet been provided borrower status on the loan, PHH has agreed to provide me with non-borrowing spouse status. I have not conceded that this is my proper status and continue to assert that I am a borrower. 

This CFPB Complaint is in reference to new servicing errors. On XX/XX/2022 I entered into a repayment plan with PHH Mortgage. The plan called for me to maintain my taxes and insurance and to make monthly payments in the amount of {$740.00} beginning on XX/XX/2022. The repayment plan agreement indicated that my payment should be sent to : PHH Mortgage Services Attention : Cash Department XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX On XX/XX/2022 I mailed check # XXXX to the address above in accordance with the terms of the repayment plan. On XX/XX/2022 I was told I needed to stop payment on that check and send a new check to a different address which was not included in the repayment plan agreement. Counsel for PHH advised me to send the check to : PHH Mortgage Services XXXXXXXX XXXX XXXX XXXX XXXXXXXX, NJ XXXX I sent the new check to this address on XX/XX/XXXX. The check eventually cleared my account. 

On XX/XX/2022 I was advised by the attorney for PHH that all checks must be sent to : PHH Mortgage XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, NJ XXXX Later that same date, the attorney for PHH advised me to send my payments to : PHH Mortgage Services AND Overnight to XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX Despite the confusion regarding the payment address, I did submit a payment for XXXXXXXX XXXX and for XX/XX/2022. Thereafter on XX/XX/2022, counsel for PHH filed a Notice of Readiness for Trial in the foreclosure case, asserting that the repayment plan had been breached. I reached out to counsel for Plaintiff and was advised that I had failed to maintain my flood insurance and, therefore, had breached the terms of the agreement. That same day, I provided evidence of flood insurance which indicated that my plan was current through XX/XX/2022 and that the plan had been paid in full. On XX/XX/2022 my attorney received an email asking me to coordinate a trial date, which she refused to do as we contend the repayment plan was never breached. 

on XX/XX/2022 I received an email stating the the repayment plan had been reinstated, but providing no other explanation for why I was accused of breaching the plan. 

On XX/XX/2022 counsel for Plaintiff filed an " Amended Answer '' and an additional " XXXX to XXXX '' which stated that the parties were engaged in loss mitigation and that there had been a prior " miscommunication between the parties '' which has been resolved. In fact, there was no miscommunication. I have at all times fully complied with the terms of the repayment plan, even when PHH has provided instructions for payment which were outside of the original agreement. The motions further sought to have the Notice of Readiness for Trial withdrawn. 

On XX/XX/2022, a foreclosure trial was scheduled ( purportedly by the court ) for XX/XX/2022. I have since demanded that counsel for Plaintiff move to cancel the trial and am awaiting a response. 

I also reached out to counsel for Plaintiff today to advise them that the check I issued for XXXX has not yet cleared my account. I'm concerned that the check may not be cashed, or may be returned to me, since Plaintiff erroneously breached the terms of the repayment plan earlier this month.

Company response to consumer: Closed with explanation