Consumer complaint received 2024-05-08 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: Ocwen Financial Corporation
State: SC

Complaint narrative:
In XXXX XXXX XXXX, I began the process to apply for a loan modification with PHH mortgage servicing. In order to be eligible for modification, I was required to make 6 loan payments of the total loan amount. In XXXX, I received the modification agreement to be notarized. I submitted that agreement but it was denied due to an error made by the notary. I resubmitted in XXXX ; however, the notary made another error so PHH sent one of their contracted notary servicers. 

On XX/XX/XXXX the notary came to my home and completed the process. My relationship manager, contacted me by email and stated the modification documents were received, approved, and the only thing remaining was the final payment amount. For two weeks I called the relationship manager since the payment could only be made by phone ( or mail - I do not like mailing checks or money orders ). In XXXX, I attempted to contact him again, was unable to reach him. He emailed me and I responded that I was waiting to be connected by phone to make the payment. 

On XX/XX/XXXX he contacted me by phone to take the payment. At this time, he informed me that my loan was being sold and I would have a new servicer. I asked would the approval and modification be completed in time. He assured me multiple times that he would, and said he was confirming the approval as we were on the phone. He stated that there was nothing more to do, but began making my mortgage payments in XXXX. He did state that the payment would be due XX/XX/XXXX, but I would have to wait on documents from the new servicers, which would take about 2 weeks. 

Between XX/XX/XXXX and XXXX, I received information from the new servicer. When I read the paperwork, I realized that the modification was not transferred to the new servicer because several things were wrong. The modification default amount was nearly {$10000.00} more than what it should have been, and the default was transferred rather than the modified agreement. I called the company immediately. They stated that PHH sent nothing, but they would request the updates. I also contacted PHH to try to reach the relationship manager, but I could only get his voicemail. I spoke to someone else, but they were not able to assist either because they said my loan could no longer be accessed. I was so stressed and worried. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

XXXX XXXX XXXX XXXX XXXX XXXX, she was healthy. So as soon as I was released from the hospital, I began trying to contact the relationship manager again. I spoke to many representatives at PHH, some did not know what to do while others were very rude and refused my help. After nearly a month of trying to reach the relationship manager and ombudsman, he finally called me back. The ombudsman department on the other hand, never contacted me - although they sent several emails stating they tried to call me and could not reach me. I questioned them on this, and asked them by email to leave a voicemail the next time they called as proof of missed phone call since my call log was not recording their calls. They never did this either. 

In speaking with the relationship manager, he was very rude and extremely dismissive. He stated that the loan had been transferred, he could not longer access it and there was nothing that he could do. When I asked about the inflated interest amount, he laughed and mocked me stating that I knew nothing about finance and how the mortgage interests rates work. He refused to help me in anyway ; even when I asked if he could simply provide the documents as proof. 

I felt overwhelmed and defeated, so I reached out to the new service agents at XXXX mortgage servicer to see what they could do. They asked me to try their modification process so I began that at the end of XXXX. I sent all of the documents they requested over the next 12 weeks. 

On XX/XX/XXXX, I received a denial letter. They gave me the options of short sale or deed in lieu of foreclosure. I called them to ask for more assistance, and they stated they could not help me because I had a variable interest rate. This was quite shocking to me because I have never had a variable interest rate, only a fixed. So, they stated, they received documentation from PHH that I had a variable interest rate and there was nothing they could do to change it. Unlike times before, this agent was helpful and did allow me to provide her proof of the modification and fixed interest rate. However, she stated unless they sent it there would be nothing they could to honor it. 

On XX/XX/XXXX I luckily was able to find the notary who signed the documents for me. She provided the mailing confirmation of the mod agreement. So, I contacted a rep at PHH. She was friendly and helpful. I asked her could she look for the signed notary agreement in my file and she found it! I was relieved, but also saddened that this information had been there all along. She said the modification was received by mail and uploaded in the system on XX/XX/XXXX. 

To date, I am still in limbo with my loan because both companies are refusing to acknowledge the modification agreement that was supposed to be in place. It was only never confirmed because my relationship for the manager did not submit and complete my file when we spoke on XX/XX/XXXX. Now the mistake of one person and their refusal to try to correct their error has my family at risk of losing our home. It is devastating, emotionally stressful, and causing my husband and I much psychological pain.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation