Consumer complaint received 2015-09-25
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
We had a mortgage with Homecomings Financial XX/XX/XXXX and in XX/XX/XXXX we became delinquent on the Mortgage. First delinquency was XXXX XXXX. By XXXX XXXX we received threatening letters and by XXXX XXXX we got a Letter of Default from Homecomings. We did not pay the mortgage XXXX XXXX, XXXX and XXXX XXXX. However we tried to work out loan modification with GMAC and were told that in order to achieve any type of modification we had to pay them something. Therefore we agreed to try and start paying something by XX/XX/XXXX or XX/XX/XXXX. We worked very hard to pay what we could while believing that they were working with us on loan modification or possible short sale. ( all documents and emails are attached ) In XXXX XXXX Homecomings Financial transferred to GMAC. GMAC took a final payment from us and applied it XXXX XXXX XXXX then reset the clock for our first delinquency as XXXX XXXX XXXX. Then, unbeknownst to us, they moved forward with foreclosure proceedings even though we were working XXXX jobs to pay a lawyer to help us negotiate with them on loan modification and/or short sale. By XXXX XXXX they foreclosed. Ever since they have counted seven years from XXXX XXXX as if that is our first delinquency but it is NOT. The first delinquency that led to the foreclosure was XXXX XXXX. We are essentially being punished for doing what they asked and sending in money in order to have them agree to work with us on loan modification. We are now actually almost eight years past first delinquency which was XXXX XXXX. But GMAC went bankrupt in XX/XX/XXXX so we are not able to get any documentation from GMAC or Homecomings regarding anything that happened prior to the XX/XX/XXXX transfer. The credit agencies will not respond to our multiple disputes ( more than XXXX ) and GMAC no longer seems to exist. In XX/XX/XXXX we were given the opportunity for government review of the mortgage with GMAC due to all the illegal dealings GMAC had been involved with. We declined. However, we now understand that was a mistake. I have reviewed the county records and discovered that GMAC used robosigning and other illegal tools in our foreclosure common to so many other foreclosures at the time. In addition, review of the records makes it clear that, at no time, did GMAC have intention to work out loan modification or short sale with us, but, in fact, intended only to take as much money as possible from us before foreclosing. 

At this point, we can not buy a house. For many years our financial life has been severely restricted no matter how financially responsible we have been. The foreclosure remains on record and the credit reporting agencies continue to reject our requests to delete the account from our record now that seven years has past. Now they are saying it will go off record seven years after the last activity which is the last time GMAC forced money out of us. XXXX XXXX. That can not possibly be legal. We need help. There is no way foreclosure can stay on your record for ten years just because GMAC is bankrupt. 

We have been financially damaged by this situation and we have been XXXX. For the last several years we have been asking only that the foreclosure be removed from the record. At this point we are demanding that the foreclosure be removed immediately. Not in 15 days, or 30 days or 60 days. Immediately. If it is not removed within 48 hours, we will file suit in superior court. We will file suit for damages including financial and punitive.

Company response to consumer: Closed with explanation