Consumer complaint received 2015-03-31
Company: Ocwen Financial Corporation
State: TX
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
In 2003 I took out my mortgage with XXXX bank ( later XXXX ). The next year I filed Chapter XXXX bankruptcy and though I stipulated my desire to reaffirm the mortgage that is the call of the bankruptcy trustee who ultimately did not allow this. I continued making my payments throughout the process and after discharge wrote to XXXX requesting they start sending my monthly statements again, which they had stopped because of the automatic stay put in place as a result of the filing. They did resume sending those and for the next XXXX years I never missed a payment. And, they reported my payments to all the credit bureaus. Then my mortgage was sold to Ocwen and the nightmare began. 

Ocwen immediately sent a statement labeling it as informational only since I was under bankruptcy protection. Nevermind the fact that my BK had long since been discharged and even fallen off of the credit reports. I called repeatedly asking them to remove the language and to just send my statements as normal. They refused. And I have had issue after issue with them. But now they 're trying to sell my house and if they had had their way I would n't even have known about it. 

Unemployment has caused me to fall behind. Ocwen intends to sell my home on XXXX XXXX. I found out about this not from Ocwen, but from a solicitation from an attorney with a copy of the filing ... only XXXX days before the sale. My understanding is that they should 've presented me with a notice to cure default with a detailed listing of how much it would take to reinstate the loan along with XXXX days to do that or explore other options. I never received this notice or period of consideration. I still do not know how much it would cost to reinstate the loan because Ocwen has n't told me and still has n't despite me notifying my " relationship manager '' about the fact that I have never received any notice or information regarding the sale. Now, my relationship manager ( XXXX XXXX XXXX ) has no appointments available to speak with me until XXXX DAYS AFTER the scheduled foreclosure sale. So no XXXX day notice to cure the default and certainly no 21 day notice of the sale going forward. 

I reached out to the folks at Making Home Affordable. They wondered if I 'd ever been solicited for a HAMP modification. No, Ocwen admitted they had not solicited me for a HAMP modification. Well, could I send in my application ... the sale was scheduled for a week from today? The deadline to submit such applications is XXXX BUSINESS DAYS prior to the sale. So while I may submit the application they could not say whether or not it would be accpeted or acted upon since I failed to submit it by their deadline. You know, the XXXX they never told me about. And, no, they would n't consider a postponement and no there was n't anything the Ocwen representative could think of to help me. 

I then spoke to a HUD-counselor. I told her of the conference call and she cut to the XXXX and said, it sounds like the legal avenue is the best XXXX available to you. Yes indeed. And so what are my legal remedies in a non-judicial foreclosure state like Texas? 

What can be done to compel Ocwen to at least restart it and notify me properly? With {$5000.00} to hire a private attorney I can file an injunction claiming improper service and hope for the best regarding attorney 's fees. Precious few homeowners facing foreclosure have the cash required to litigate Ocwen into doing what they willfully are refusing to do and are refusing to do because they know they people they 're doing it to do n't have the resources to make them. So what if, on occasion, they have to fork over $ 5K in attorney 's fees. It 's a lot cheaper than giving individuals the opportunities the law affords them, to apply for HAMP, to consider how to cure the default, or even conduct an orderly sale of their home. 

So now, since nobody will make Ocwen do as it should. I 'm filing XXXX XXXX.

Company response to consumer: Closed with explanation