Consumer complaint received 2018-01-03
Company: Ocwen Financial Corporation
State: NJ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I am facing a foreclosure sale date by my mortgage servicer Ocwen on XX/XX/XXXX. I have been battling them for several years as I try to resolve issues relating to predatory lending, mortgage fraud, misrepresentations and lies. Ocwens law firm outright lied to me about my standing with them and failed to disclose that they had moved forward with a court action while telling me they did not and that I was in review for a modification. I have tried all angles, including submitting packages repeatedly to their loss mitigation department as well as battling them in court, where I have found sympathetic judges who agreed that Ocwen and investor XXXX XXXX could not prove that they had standing to foreclose. However, the last court date the judge ruled that Ocwen could move forward with a foreclosure sale date. I work as a facility manager and my wife manages a supermarket and together we earn a solid living. We have the means to make a reasonable monthly mortgage payment if Ocwen would put a reasonable offer on the table. 
We were solicited by phone by XXXX in XX/XX/XXXX and convinced it was in our best interests to refinance with them. We have a special needs daughter and at that time she required a great deal of care and I stopped working so that I could care for her. We were surprised that our loan was approved since I was not working and the monthly payment of {$1800.00} seemed a bit high considering my wifes income was about {$4000.00} at the time. We did not understand the high interest rate and the type of loan we were getting ourselves into and were shocked after the fact when we found that our lender charged us close to $ 30K in points and junk fees. 
In XX/XX/XXXX the recession hit our family and we began missing mortgage payments. We tried to modify our loan but in the middle of the process the servicing was transferred and then sued by XXXX XXXX  for foreclosure. I found it interesting that the suit was filed by XXXX XXXX yet the note had not been assigned to them yet, the actual transfer of the security occurred three months after the court paperwork was filed. There are multiple paperwork irregularities that I have found that I feel demonstrate a pattern of fraud and malfeasance on the part of the lender, the figures in some places dont match, we were not provided with a Truth in Lending disclosure etc. which led to the court dismissing the case. I continued trying to modify but got the runaround and in XX/XX/XXXX went back to court. The judge ruled that the lender had not proven that they possessed the necessary paperwork that would give them the right to foreclose. Multiple documents were requested to prove standing and continuity of obligation by the judge but they could not provide them. The loan went to Ocwen and I have been trying to get a modification but am routinely transferred to agents in a foreign country who speak little to no English. In XX/XX/XXXX I received a notice that Ocwen was filing with the court for foreclosure. We had finally been able to get some traction and a modification package was supposedly in process at Ocwen. We spoke with the Attorneys for Ocwen from XXXX XXXX on XX/XX/XXXX ( relating to upcoming hearing ) and were told that due to the fact we had a modification package in review that there would be no foreclosure activities going forward, that the foreclosure was on hold and that we did not need to worry about the court date.. We later found out that Ocwen and Attorneys had gone to court on XX/XX/XXXX and obtained a judgement of foreclosure against us. Why would their Attorneys speak with us and lie and tell us not to worry and why did they not disclose that they had already obtained a judgment of foreclosure against us? This makes no sense and these are the same types of unethical and unscrupulous activity that Ocwen has engaged in in the past.

Company response to consumer: Closed with explanation