Consumer complaint received 2017-08-29
Company: Ocwen Financial Corporation
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
This is demand to stop the illegal foreclosure sale date of XXXX XXXX in violation of the California Bill of Rights Act XXXX specifically Dual Tracking and the Federal Governments Making Home Affordable Program. 

In early XXXX XXXX, I applied to Ocwen Loan Servicing LLC, the mortgage servicer at the time, for mortgage relief thru a loan modification to save home. I submitted a full and complete loan modification package to Ocwen Loan Servicing LLC for review. 

On or about XXXX XXXX, Ocwen Loan Servicing LLC thru its foreclosure trustee law firm, XXXX XXXX, XXXX, kept the foreclosure process going while I was engaged in other foreclosure alternative processes. Owcen Loan Servicing, LLC ignored my request to stop and cancel the foreclosure. This is a violation of HBOR. 

The loan modification review lasted a few weeks but Ocwen Loan Servicing, LLC, ultimately denied for an unjustified reason. Ocwen Loan Servicing LLC failed to definitely provide a justifiable reason under the HAMP program or internal program. 

On or about late XXXX of XXXX, Ocwen Loan Servicing, LLC denied my loan modification request. 

As a result, the only option they offered was the Short Sale as the Foreclosure Alternative. So I accepted it not knowing if the Ocwen Loan Servicing LLC, denial was justified under the HAMP/ MHA or HBOR XXXX 





I exercised my right to Short Sale under the Foreclosure Alternatives and the mortgage servicer Ocwen Loan Servicing LLC Approved my request for the Short Sale Option under the Governments Home Affordable Foreclosure Alternatives Program on or about XXXX, XXXX. I have attached a copy of the request package and Offer we are engaged in. 


( Short Sale Program Servicer Responsibilities ) On or about XXXX XXXX, Ocwen XXXX XXXX, XXXX received and began processing a purchase offer from a Buyer named XXXX XXXX XXXX XXXX. I have attached a copy of the fully executed offer package. 

On or about XXXX XXXX, XXXX, Ocwen Loan Servicing, LLC thru its foreclosure trustee law firm, XXXX XXXX, XXXX, file a Notice of Trustee Sale against the property while I was fully engaged in a Short Sale review with Ocwen Loan Servicing, LLC. This is a violation of HBOR and HAFA. 

There were several calls made to Ocwen Loan Servicing, LLC and the foreclosure trustee to request more time and to postpone the sale which were all denied by both parties. 

The legal issues at hand, 1 ) Ocwen XXXX servicing as a mortgage servicer illegally started the foreclosure process by filing a Notice of Default while engaged in a loan modification review and then illegally filed a Notice of Trustee Sale while engaged in a short sales in direct violation of HBOR and HAFA. Ocwen Loan Servicing as a mortgage servicer never once stopped the foreclosure process in accordance to California law and the rules of engagement under HAMP and HAFA. 



This foreclosure sale is ILLEGAL and in violation of HBOR Law with respect to Dual Tracking since Ocwen Loan Servicing, LLC thru its Foreclosure XXXX XXXX XXXX, XXXX wrongfully persisted with the foreclosure process while Ocwen Loan Servicing, LLC was directly engaged with me for the short sale review and continued all the way thru XXXX XXXX, XXXX. The most recent update regarding our short sale review was for an increased offer amount from the original {$240000.00} to be raised to {$250000.00} which was also provided. While working directly with Ocwens relationship manager XXXX XXXX and underwriter XXXX ID # XXXX, they had me calling back every 48-72 hours to receive a status update on were they stood in the short sale review process. The last conversation with the underwriter was that he will postpone the sale date so that we can receive the short sale approval and close the transaction shortly after, which was never carried out. Ocwen Loan Servicing, LLC led me to believe that through their communication that a postponement was going to be granted and the foreclosure process would be canceled so we can close the short sale successfully. 

This is a clearly an illegal act and the very essence of the meaning of dual tracking under the HBOR. Therefore, it is imperative that both Ocwen Loan Servicing, LLC and XXXX XXXX, XXXX postpone or STOP the wrongful foreclosure sale pending for XXXX XXXX, XXXX. 

The short sale transaction remains opened with escrow is a current short sale in escrow that is pending however Ocwen Loan Servicing, LLC and Trustee have not allowed it to close for an unjustified reason. 

Your office MUST STOP THIS ILLEGAL FORECLOSURE SALE and allow me the right to complete the foreclosure alternative I have already been engage in, which is a short sale. If not, this is a wrongful and illegal foreclosure for which I will pursue legal remedies in the Superior Court of California against ALL parties involved including but not limited to Real Estate Brokers and Agents who have violated of my rights under the standing laws and mortgage relief programs known as HAMP and HAFA. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX, CA XXXX

Company response to consumer: Closed with explanation