Consumer complaint received 2017-02-11
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
Complainant is the sole legal owner of a residential property, on which a loan is being serviced by Ocwen. In XX/XX/XXXX, Complainant and her now deceased husband entered a refinancing agreement with XXXX, a mortgage broker. All negotiations regarding the refinance were conducted by telephone, mail or fax. Complainant and her husband did not meet personally with any XXXX employee ( save the independent notary ). 
Only after her husband 's death in XX/XX/XXXX, did complainant learn that the Note securing the loan had been signed only by her husband, and that he alone was listed as the " borrower ''. 
Apparently XXXX had combined the modest monthly income of both decedent and complainant and listed the total as income of the deceased as a method to qualify for a refinance the property. Both complainant and decedent signed the deed of trust securing the loan to the property. Title to this property was held in joint tenancy with rights of survivorship as authorized by XXXX law. Upon decedent 's passing, sole title and ownership of the property passed to Complainant, and the necessary documents to reflect the termination of the joint tenancy at his death have been recorded. No probate was or will be filed as there were no assets subject to probate. 
Faced with the loss of her husband and his financial contribution to their modest household, Complainant contacted Ocwen seeking some modification of the mortgage that would reduce the burden of monthly payments that exceeded her ability to satisfy from her own income. Only when Ocwen 's employees refused to communicate or speak with her, did she learn that her husband alone was listed as the only " borrower '' on the loan. Weeks passed until Ocwen 's representatives would entertain any discussion regarding an application to modify the loan payments. In the following months, Ocwen 's agents and employee 's engaged in conduct which appeared to be designed to obfuscate, misrepresent facts and law as applied to her circumstances, through no less than XXXX different agents or employees who in turn made repeated and conflicting and duplicatory demands for documents concluding with a denial of her request for modification, based in part upon a conclusion that she was not " the borrower ''. In the summer of XX/XX/XXXX Complainant learned from a web site " XXXX, that there would be a seminar given in XXXX, CA and that Ocwen representatives would be there to counsel with individuals XXXX mortgage problems. Encouraged by Ocwen 's representatives she renewed her application for mortgage assistance. An Ocwen XXXX helped her to complete basic paperwork, assigned her a specific Ocwen employee, one XXXX XXXX as her relationship XXXX, and informed her of other documents required to complete her application. The months that followed became a rerun of the same confusing contradictory and useless demands for documents, in this case advanced by XXXX different employees. At no time has she be able to communicate with her assigned " relationship XXXX '' XXXX XXXX, nor has he ever responded to any messages left by her. 
Ocwen agents forwarded to her a XXXX Transfer package '' insisting that her request could not or would not be sent to for consideration, with out these additional documents including an " Assumption of XXXX XXXX ''. which clearly binds her to Assuming the Liability of the debt incurred only by her late husband whether or not she qualifies for any the loan modification relief. This conduct over the past XXXX XXXX years makes it clear that she can not trust that these documents are only " preliminary ''. These demands are extortive in that the document ( XXXX ) on their face impose an additional legal burden on her without resolution of her request for relief. Apparently there is no Ocwen agent with any authority to resolve this dispute.

Company response to consumer: Closed with explanation