Consumer complaint received 2017-03-27
Product: Mortgage — Other mortgage
Issue: Loan servicing, payments, escrow account — 
Company: Onity Group Inc. (CA)

On XX/XX/XXXX, I contacted Owen Loan Servicing , LLC to ask why they discontinued accepting my mortgage payments through its Automated Clearing House ( ACH ) payment program. The ACH payment program was established in XX/XX/XXXX. Subsequently, Owen successfully received payments on-time without fail. I was advised that the ACH system was discontinued because Owen learned that such a payment process was against bankruptcy rules because the agreement appears as if Owen is requiring payments even though my husband 's debt was discharged as a result of a bankruptcy filed in XXXX. As a result of the bankruptcy court ruling, Owen mortgage payments are perceived to be made voluntarily. The loan related to this property was associated with a bankruptcy filed approximately five years ago. At that time, my husband filed for bankruptcy. All of his debt was discharged by the bankruptcy court, except our home. Despite the bankruptcy, my husband and I voluntarily continued to make our mortgage payments. Initially, we had difficulties making payments on time. Consequently, in XXXX I took over making the payments through the ACH payment system, allowing the payments to be deducted from my checking account on the day I received my monthly payroll check from work. By XXXX, much of my lost salary, ( due to the decline in California 's economy ), was restored. As a long-time XXXX, my salary-cut was restored, and we began to re-bound from the substantial decline in our household income. We were beginning to experience some economic stabilization. As such, I was happy to establish the ACH payment process with Owen. However, I was not notified by Owen that they decided to discontinue this payment process for property until after I was nearly three-months behind in payments. I learned of Owen 's decision to discontinue the ACH payment process on my account after two payments were past due ; XXXX XXXX and XXXX XXXX. To bring the account current, I immediately made needed payments on XX/XX/XXXX ( XXXX payment ) and XXXX XXXX, XXXX ( XXXX and XXXX past due payments ). Additionally, I notified my bank who indicated that based upon the balances in my account they did not see any reason why the payments were not requested from Ocwen. Further, the bank did not receive a request to make the ACH payment from Owen, as consistently received for nearly three years. On XXXX XXXX, XXXX, I received a letter from Ocwen dated XX/XX/XXXX, informing me of the delinquent payments. I agreed for Ocwen to research why the failed ACH payments occurred. Ocwen indicated I would receive the results of such research within tnext 60-days of my request ( XXXX XXXX, XXXX ). On XXXX XXXX, XXXX, I received an email correspondence ( attached ) from Ocwen, indicating that, " on XXXX XXXX, XXXX the Automated Clearing House ( ACH ) payment was cancelled, due to the delinquency status of the loan. '' Owen 's failure to notify me of its change in ACH business practices related to homes affected by a bankruptcy caused two delinquents payments, additional unfair mortgage fees, and, most importantly, potential harm to my credit. To receive a notice 60-days after the first payment was not processed by Owen through its ACH payment system is a set-up for delinquent payments. Owen was aware that the payments were past due beginning XXXX XXXX, XXXX. The explanation provided by Ocwen makes no sense. Owen 's 60-day delay in notifying me of their action to discontinue the ACH payment system appears as fraud and inducement.