Consumer complaint received 2025-12-05 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Ocwen Financial Corporation
State: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXConsumer Financial Protection Bureau-CFPBXXXX XXXX XXXX  Washington, DC. XXXXTo Whom It May Concern:\n\nI am a victim of PREDATORY MORTGAGE LENDING PRACTICES and DECEPTIVE MORTGAGE PRACTICES.\nI am writing to file a formal complaint against PHH Mortgage Servicers. A servicer for XXXX Bank XXXX XXXX XXXX  Ocwen Loan Servicing, LLC, XXXX Bank XXXX XXXX XXXX XXXX, and PHH Mortgage Services, based on different servicer changes registered under our name at the XXXX XXXX Clerks public records office.\n\nMy loan was issued by XXXX Bank XXXX XXXX XXXX and is serviced by PHH Mortgage Services.   \n                                                                                                                                                    \n\n                                                            PHH Mortgage Services                                                                                            \n                                                            Loan # XXXX                                                            XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX                                                                                                                                                                                                                                                                                                                                                                                                                                                                      On XXXX  This mortgage was assigned and recorded to XXXX XXXX XXXX                                                                                             On XXXX. This mortgage was assigned from XXXX XXXX XXXX to XXXX                             \n        Having an original principal amount of $ XXXX-Instrument # XXXX.               On XXXX. XXXX Bank XXXX recorded the mortgage-Instrument # XXXXOn XXXX XXXX  assigned the mortgage to XXXX  Bank. XXXX XXXX                    On XXXX XXXX assigned the mortgage to XXXX XXXX Instrument # XXXXBreach of Consumers Protection Laws.\nThroughout our mortgage, the lender has engaged in numerous predatory practices such as charging unnecessary fees, failing to apply trial payments to the principal and adding fees for Forbearances, loan modifications, and foreclosure.                                                                                    TILA-CFPB-FTC Violations. \n                                                                                  \nThe Lender is currently pursuing foreclosure proceedings against our property. Contributing factors to the default include excessive fees, loan modification trial payments that were not applied toward the principal, and balloon mortgage payments and equity sharing amounts. These additional charges increased the total payment obligations and have led to recurring instances of default.\nThe practices I believe to be predatory additional to violations of my consumers right, ECOA and CFPB federal agencies.\n                                                                                                                                                                                      Dual Tracking: I sought help with my mortgage default. The officer said they had reviewed previous financial documents and deemed me ineligible for assistance, but I clarified that no such documents were sent before my request and questioned how eligibility could be determined without them.                                                                                                                                                                                                  ECOA VIOLATION.\n\nDual Tracking: PHH Mortgage Service began foreclosure proceedings while I was pursuing a loan modification, which I applied for on XXXX XXXX XXXX Despite submitting the necessary paperwork, they set a REINSTATEMENT deadline for XXXX XXXX XXXX However, their attorney filed a LIS PENDENS to foreclose my house on XXXX XXXX XXXX, even with the ongoing loan modification process.                                                                                            Wrongful Foreclosure-CFPB-UDAAP VIOLATIONS.\n\nUnlawful Use of Power of Attorney to Start Foreclosure on Our Property:\nThe Lender is relying on a Limited Power of Attorney dated XXXX which was executed in the presence of two witnesses associated with the principal as employees. The specific authority granted under this document is being questioned for the following reasons:\nAt the time of filing the lawsuit, the party initiating legal action was not the lawful holder of the promissory note or mortgage.\nThe lender bears the burden of demonstrating that the Limited Power of Attorney is valid and confers explicit authority to foreclose on the subject property.\nIn this circumstance, the individual acting under the Limited Power of Attorney appears to have exceeded the scope of the authority granted, as there is no provision authorizing initiation of foreclosure proceedings.\nFlorida law prescribes distinct requirements for a valid Power of Attorney: it must be executed by a mentally competent adult principal and witnessed by two individuals who are not designated agents and who are not related to the principal. The Limited Power of Attorney in question designates XXXX XXXX XXXX as a verified agent for the principal. Furthermore, XXXX XXXX XXXX a previous agent, has been employed by the principal since XXXXTILA-HOEPA-CFPB-RESPA Violations.                                                                                                               Because these requirements are not fulfilled, this Power of Attorney is invalid.                                                              \n          \n\nIllegally recorded corrective gap assignment of mortgage used to support foreclosure claims.\nI dispute the validity of the lender's Corrective Gap Assignment of mortgage, recorded on XXXX XXXX XXXX Instrument # XXXX Lender is using this document to support the mortgage obligation. It is considered invalid due to improper and unlawful execution. The involvement of the witness presents an intriguing aspect of the process, as it contravenes XXXX  law's requirements for a valid power of attorney. The witness XXXX XXXX  is an employee of XXXX XXXX Bank Former XXXX XXXX XXXX XXXX Bank XXXX HOME EQUITY MORTGAGE-LOAN ASSET-BACKED CERTIFICATES SERIES XXXX XXXX XXXXShared Loan Modifications: Lender applied Loan Modifications with market value sharing up to 25% of the equity in our property. All accepted under misrepresentation and lack of choice.                                                                                                                                                                                         TILA-CFPA-HOEPA Violations.     \n\nIncorrect interest Rates and Interest Rates calculation: Loan modifications with Adjustable Interest Rates. Modifications were offered at a 2% interest rate for the mortgage duration, adjustable-rate loans reaching up to 4.75% were implemented without proper disclosure or clear explanation of the actual costs involved.                                                                                  TILA-CFPA-HOEPA Violations.     \n\nExcessive premiums and fees. May arise in connection with balloon payments during the final calculation of loan modifications, as well as from issues related to the proper registration of these balloon payments.                                                                                                                                                                                     These are Predatory Lending Practices. CFPB-FTC Violations. \n\nInstrument XXXX XXXX XXXX XXXX   $ XXXXInstrument XXXX   Ocwen Loan Servicing        XXXX    $   XXXX                              Instrument XXXX    Ocwen Loan Servicing        XXXX   $   XXXX                                Instrument XXXX   PHH Mortgage Corp            -XXXX   $   XXXX XXXXExcessive Fees: These fees were added to my loan in an unclear or deceptive manner, or the loan terms were misrepresented, leading to payment errors.                                                           Fees for Foreclosure Prevention Agreements                         $ XXXX                                                                                           Fees for Forbearance-XXXX                                           $ XXXX                                                            Fees for Forbearance-XXXX                                           $    XXXX                                                          Fees for ForbearanceXXXX                                           $ XXXX                                                       Fees for Forbearance-XXXX                                           $ XXXX                                                                                                                                Fees for expenses payments                                                 $ XXXX XXXXPredatory Lending Practice and Loan Agreement Violation.                                                                                 \n\n\nImproper Fees: charges for Third-Party Inspection on Property.                                                              62 Inspections fees.                                                                                                                                                                       FTC-CFPB Violations. \n\n\n\nImproper Fees: market up the cost of Third-Parties Property Inspectors-Broker valuations for defaulted Loans.                                                                                                                                                                                      13 Valuation Fees.                                                                                                                                                                           FTC-CFPB Violations. \n\n\nLetters of reinstatement containing foreclosure threats.\nFalse claims over the phone that a property is in foreclosure when it is not.\n\nInclusion of Third-Party Vendor Services in Monthly Statement Mailings.                                                 Home insurance                                                                                                                                                                  Flood Insurance   \nPet Insurance\nAppliances Service Warranty                                                                                                                                                     Credit Card services             \nFTC-CFPB Violations."

Company response to consumer: Closed with explanation