Consumer complaint received 2016-10-28
Product: Mortgage — Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure — 
Company: Onity Group Inc. (CA)

I send the Demand Under FDCPA and request Immediate Stay of Sale to Ocwen Loan Servicing , LLC and their Trustee XXXX. They completely ignored to answer all my questions and continue foreclosure on my house. 
I did submit the loan modification email and fax to OCWEN on XXXX XXXX, XXXX, XXXX business days before the scheduled foreclosure sale date : XXXX XXXX, XXXX. On Ocwen Loan Servicing , LLC Request for Mortgage Assistance / Hardship Affidavit : Dear Borrower, If you are facing financial difficulties, you are not alone. We are here to help you. 
No matter what your situation, you may have options. We offer multiple solutions to help you through difficult times, including, but not limited to, the Home Affordable Modification Program ( HAMP ) and Home Affordable Foreclosure Alternative Program ( HAFA ). 
We also offer our own modification options and foreclosure alternatives. Please note, the options available to you may vary due to the requirements of the owner of your loan. 
The table below outlines the variety of solutions available. We encourage you to complete and return the enclosed Request for Mortgage Assistance ( RMA ) / Hardship Affidavit application. 
The sooner you apply, the sooner we can help. 
If Your Loan is in Foreclosure A Complete Application includes all required forms and ALL requested documentation. 
NOTE TO BORROWERS WITH A FORECLOSURE SALE SCHEDULED IN THE NEXT 37 DAYS : If we receive your Complete Application for modification* at least 7 business days before a scheduled foreclosure sale date, we will not complete the foreclosure action until we review and decision your application. 
But Ocwen continued foreclosure my house. The New Mortgage Foreclosure Laws that take effect XXXX XXXX, XXXX : 2. Review of Foreclosure Documents ( Civil Code XXXX ) Before commencing foreclosure, a mortgage servicer is required to review competent and reliable evidence to substantiate the borrower 's default and its right to foreclose. In addition, every recorded declaration, affidavit, NOD, NOS, assignment, and substitution of trustee must be accurate and complete, and supported by competent and reliable evidence. This provision does not sunset. 
3. Prohibition on Dual Tracking ( Civil Code XXXX, XXXX ( Section XXXX ) and XXXX ( Section XXXX ) ) A mortgage servicer is prohibited from commencing or continuing the foreclosure process while a completed loan modification application submitted by a borrower is pending, until ( 1 ) the mortgage servicer makes a written determination that the borrower is not eligible for a loan modification and any appeal period has expired ; ( 2 ) the borrower does not accept a loan modification offer within 14 days of the offer ; or ( 3 ) the borrower accepts a loan modification offer, but defaults or breaches the terms. 
Additionally, a mortgage servicer is prohibited from commencing or continuing the foreclosure process if a borrower is in compliance with the terms of an approved foreclosure prevention alternative, or if a foreclosure prevention alternative has been approved by all parties and proof of financing has been provided to the servicer. 
4. Damages ( Civil XXXX XXXX ) Prior to a trustee 's sale, a borrower may bring an injunctive action against a mortgage servicer for a material violation of Civil Code Sections XXXX ( borrower outreach and declaration of contact or due diligence ), XXXX ( review of foreclosure documents ), or XXXX ( dual track prohibition ).