Consumer complaint received 2022-06-19
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
We recently lodged a complaint with your institution against our mortgage company. Our loan became in default as we were told by the mortgage company 's attorneys not to make a payment UNTIL we received their statement by mail and that that could take few months to process. As we waited for the mail ( which never came ), we received notices of default. It turned the company changed our address of record without telling us and without our authorization and knowledge. As such, we never received the statement which, per their attorney, was a prerequisite to us making a payment. From there on, everything went south. A notice of foreclosure was recorded later not because we did not have a deal or didn't make a payment, but because our relationship manager told us not to make a payment ( when a payment was due ) because allegedly the company 's internal documentation was flawed and needed to be corrected. 2 days later, as we awaited the new promised paperwork on the approved modification, a notice of foreclosure was recorded. We have had multiple loan modification approvals, and payments thereon were made. Each time, the company would fabricate an excuse to cancel the modification and later ( start a new one ( after a long fight ). The company is trying everything without its power to cause us to give up or take our family home of almost 30 years thru foreclosure ( by refusing to accept tendered payments, while adding otherwise unnecessary exorbitant fees, including default/foreclosure/attorneys/inspection and other fees, and adding otherwise unnecessary late payment fees, and in the meantime allowing the past due amount to reach a point where we can not cure it to avoid foreclosure. Both my husband and I are elderly and are severely XXXX, and the company is aware of these facts. 

There are times where the company claimed that we had trial period missed, only to admit later that they never notified us thru any means that a trial period had commenced or was in place. We have repeatedly asked that the company send us time sensitive documents and communications via email as we never receive their mail ( and they tell you it takes at least 2 weeks for their mail to arrive, if it arrives ) and when we do it's always after the fact and after a deadline was missed or had expired ( of which we had knowledge since the mail never came ). Recently, modification was approved. All 3 trial payments were timely made. We followed up on the modification paperwork. It never came. We requested it be emailed but they only sent us an encrypted attachment that couldn't be accessed ( even by their agents ), We requested it be faxed or sent to us via an expedited mail service, they flatly refused. Instead, they canceled our modification claiming we never signed the paperwork ( paperwork we continuously demanded but they never sent us ). Please note that XXXX weeks ago, a new lawsuit was filed in Illinois by other homeowners based on this same set of facts. 

After a long fight with the company, they approved another modification, we made a timely first payment. When we tried to process the second timely trial period payment, they refused to accept it claiming that the first payment did not go thru because they had the wrong bank account information. It was their agent who took down the bank account information. If an error was made, it was made by their agent, not us. The company does not allow us to make a payment other than by phone with one of its agents. The company never contacted us to advise us of a problem and to correct the bank account information. Instead, they allege they sent us a letter by mail ( which we haven't received to date ) on or about XX/XX/XXXX, and they immediately 4 days later placed the loan in active foreclosure and recorded additional notices of default. Even if their letter was truly placed in the mail, a 4 day notice was of no value since they know and they tell you each time it takes their mail at least 2 weeks to reach the borrowers. A simple phone call to verify the bank account number would have avoided what they put us thru, an active foreclosure. 

Thereafter, we were having problems getting information from their agents. We were not able to reach our relationship manager for weeks. Supervisors were missing scheduled phone calls that were scheduled at our insistence because of the unavailability of our relationship manager. We filed a complaint with CFPB. The company then sent you a response which is self-serving and full of discrepancies, misrepresentations and distorted facts. In that response, the company also stated that it had approved a new modification, with a first payment due date of XX/XX/XXXX and with a deadline to sign and return the related paperwork by that deadline. We still haven't seen the letter they allege they mailed us with regard to the latest modification. If we don't see or receive the paperwork, we can't sign or return it ( as it had happened before ). Again, we recently requested that such documents be emailed to ensure our receipt thereof and prompt attention thereto. We were told that we would be receiving them by email. We have not received them thru any means to date. We are afraid we are going to miss the deadline for lack of receipt of paperwork ( as they had done before ). 

More important, the loan trial period payments are stated in their response to you to be approximately {$4900.00}. That is approximately {$400.00} more than we paid only 2 months ago for the last approved modification ( which they canceled because their agent committed an error in obtaining the payment information ). That is a lot of money and punishment for their mistakes. Please help us obtaining the documents that we need to see, review and return and please help us with the unexplained {$400.00} increase because of their mistake.

Company response to consumer: Closed with explanation