Consumer complaint received 2025-02-23 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Ocwen Financial Corporation
State: CO

Complaint narrative:
The following is what I had sent to the courts after PHH refused to work with me after offering to work me to avoid foreclosure. My house and home were foreclosed on XX/XX/XXXX. I spent close to a year asking for help from PHH and never received until I had to final for XXXX  XXXX. It was then and only then did PHH offer other options such as a loan modification. I believe that the illegally foreclosed as the lender contacted me about a loan modification while I was in bankruptcy, but did not review the application advising it was too close to sale date. It was XXXX weeks until sale date at this time. The lender also denied to extend the foreclosure date to allow for a a review of the loan modification within and proceeded with foreclosure despite not having a final decision. I believe that this is a case of dual tracking. 

XX/XX/XXXX PHH sent me a letter advising loan modification options were still available. 
XX/XX/XXXX Public Trustee advised that sale date would not be postponed due to XXXX prior cases dismissed in same year/ The case was in progress and had not made it to the meeting of creditors level yet. 
XX/XX/XXXX I asked the courts for review motion to extend XXXX XXXX XX/XX/XXXX I submitted another loan modification application. 
XX/XX/XXXX PHH denied loan modification as too close to sale date XX/XX/XXXX I asked XXXX to ask for an extension of sale date to allow for review of the completed loan modification. PHH would review if they had more time XX/XX/XXXX Courts ruled a denial on motion to extend as to the XXXX prior cases being dismissed. 
XX/XX/XXXX I recalled my XXXX  XXXX plan as I had no auto stay protection XX/XX/XXXX PHH denied request to extend due date so that loan modification can be reviewed. 
XX/XX/XXXX I was able to borrow the money to bring the account current. 
XX/XX/XXXX Public Trustee said I would need to obtain approval from XXXX lawyer. 
XX/XX/XXXX PHH lawyer- XXXX XXXX refused to accept funds XX/XX/XXXX XXXX refused to accept funds to bring account current XX/XX/XXXX Scam artist said he would be able to stop foreclosure and buy my house. He took me to his lawyer and advised that I needed to file XXXX  XXXX and that the XXXX XXXX would be approved this time as I had a contract for a buyer to buy the home. He was wrong, the house went to sale on XX/XX/XXXX and sold to a XXXX XXXX. 
XX/XX/XXXX - The house / home sold to a XXXX party on XX/XX/XXXX. 
XX/XX/XXXX - My family was destroyed my grandson had to move in with is in-laws and told me I was never allowed to contact my great grand child as I made her homeless. 
XX/XX/XXXX - My grandson was very anger and threatened to beat me up as he had become homeless XX/XX/XXXX XXXX I packed my entire house of 30 years and moved in with a friend. I am XXXX XXXX XXXX with XXXX dogs and now live in a friends spare bedroom. 


My name is XXXX XXXX XXXX, and I ask that the courts please open a case to file an EMERGENCY INJUCTION and Temporary Restraining Order to stop, delay or postpone a foreclosure sale that is dated for this XXXX XXXX XXXX XXXX for my primary home at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. The sale date is XX/XX/XXXX. I am asking that you please enter a temporary restraining order and emergency junction to delay or postpone this sale date ad its Fraud to close on me without being reviewed for a loan modification Mortgage is with : XXXXXXXX XXXX XXXX XXXX, trustee for XXXX XXXX XXXX, XXXX Mortgage Loan Asset- Backed Certificates, Series XXXX. 
Service Lender : XXXX PHH Mortgage Services XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX 
Foreclosure Attorney for Mortgage Lender : XXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX, XXXXXXXX XXXX XXXXXXXX Reason : For the past several months Ive been attempting to request a loan modification review. I have not been allowed to get my loan modification reviewed for a deferment, forbearance, or repayment options. I continued to ask via email to which I never responded I continued to ask for an FHA supplement via email I never responded to. In XX/XX/XXXX I reached XXXX  and we were finally able to option that I was not eligible for a XXXX Supplement as my loan is not a XXXX  loan. I again asked for loan modification however I was advised that it was too late and too close to the sale date. I was not allowed to request loan modification. Left with XXXX other options I filed for XXXX  XXXX XXXX XXXX however they we are dismissed as I represented myself. The paperwork was challenged at every step by the attorneys of XXXX XXXX. 
Timeline of events : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX I had issues with being current on my mortgage. Hardship due to XXXX and suffering a double XXXX. 
XX/XX/XXXX Early Intervention Letter received from PHH XXXX/XXXX/XXXX Demand Notice Received XX/XX/XXXX I asked to be reviewed for loan modification or other options to avoid Foreclosure XX/XX/XXXX Thank you email received from PHH. They advised they were in review and would contact me. 

XX/XX/XXXX Thank you email received from PHH. They advised they were in review and would contact me. 
XX/XX/XXXX Early Intervention Letter received from PHH XX/XX/XXXX I asked via email to be reviewed for loan modification or other options to avoid Foreclosure XX/XX/XXXX Thank you email received from PHH. They advised they were in review and would contact me. 
XX/XX/XXXX Meeting with Relationship Manager asking for status. Advised working on it and would take 30 days. 
XX/XX/XXXX Emailed PHH for status Thank you email received from PHH. They advised they were in review and would contact me. 
XX/XX/XXXX Thank you email received from PHH. They advised they were in review and would contact me. 
XX/XX/XXXX Emailed PHH for status XX/XX/XXXX Researched options to help with PHH XX/XX/XXXX to XX/XX/XXXX I emailed every day asking for status of loan modification and to be reviewed for an FHA Supplement. 
XX/XX/XXXX XX/XX/XXXX - I never received any communication from PHH regarding my ask. 
XXXX Early Intervention Letter received from PHH XX/XX/XXXX Email PHH that I had already submitted a application for a loan modification XX/XX/XXXX Thank you email received from PHH. They advised they were in review and would contact me. 
XX/XX/XXXX Thank you email received from PHH. They advised they were in review and would contact me. 
XX/XX/XXXX Thank you email received from PHH. They advised they were in review and would contact me. 
XX/XX/XXXX Thank you email received from PHH. They advised they were in review and would contact me XXXX XXXX XXXX XXXX  ; ve been advised they were in receipt of these emails and would review, however I never hear back from them XX/XX/XXXX to XX/XX/XXXX I asked via email to be reviewed for loan modification or other options to avoid Foreclosure XXXX or XX/XX/XXXX PHH sent me to Foreclosures XX/XX/XXXX XXXX XXXX XXXX XXXX unable to process a modification as too close to sale Date Sale Date listed was XX/XX/XXXX XX/XX/XXXX Worked with XXXX  and the XXXX XXXX  to help obtain an FHA Supplement. 
XX/XX/XXXX XXXX was unable to help as my income combined with wife is too high and was finally advised via PHH that my loan was not a XXXX  loan but a conventional loan XX/XX/XXXX I asked XXXX XXXX to ask PHH to postpone the sale date so I could be reviewed. 
XX/XX/XXXX PHH denied extending sale date XX/XX/XXXX I filed XXXX XXXX to obtain XXXX XXXX. I believed also that PHH would extend the loan modification filed this action in good faith. 
XX/XX/XXXX Case Dismissed as I misunderstood when the credit counseling was due, and XXXX signature was not valid as needed to be a wet signature XX/XX/XXXX Took Credit counseling class and purchased a printer XX/XX/XXXX Filed XXXX XXXX again to obtain XXXX XXXX XXXXXX/XX/XXXX PHH objected to the plan and the case was dismissed again for failing to prosecute case correctly. 
XX/XX/XXXX I filed again XXXX XXXX to obtain XXXX XXXX. I believed also that PHH would extend the loan modification filed this action in good faith. 
XX/XX/XXXX PHH sent me a letter advising loan modification options were still available. 
XX/XX/XXXX Public Trustee advised that sale date would not be postponed due to XXXX prior cases dismissed in same year/ The case was in progress and had not made it to the meeting of creditors level yet. 
XX/XX/XXXX I asked the courts for review motion to extend XXXX XXXX XX/XX/XXXX I submitted another loan modification application. 
XX/XX/XXXX PHH denied loan modification as too close to sale date XX/XX/XXXX I asked XXXX to ask for an extension of sale date to allow for review of the completed loan modification. PHH would review if they had more time XX/XX/XXXX Courts ruled a denial on motion to extend as to the XXXX prior cases being dismissed. 
XX/XX/XXXX I recalled my XXXX  XXXX plan as I had no auto stay protection XX/XX/XXXX XXXX denied request to extend due date so that loan modification can be reviewed I filed a motion with XXXX  Courts to extend the auto stay, however it was denied due to having XXXX cases dismissed within a year. The cases were not dismissed for any other reason except I had a tough time understanding all the legal rules of proper submission and my opponent was a lender and attorney content on foreclosing. I did not hire an attorney as I felt I would be able to go bankrupt  and make repayment to the loan as I have been trying to do this entire time, Once again, Ive asked the lender to delay the sale date so that I can be reviewed for loan modification. I believe that theyre closing on my house under fraud and misrepresentation of the facts of not reviewing me for a loan modification. I need to be reviewed for all available options. 
I have the funds to be able to make a reply, however I am not being given the chance. I am not underwater on this loan and the bank would be making full profit from selling my home. I have lived here for XXXX  years, and it would cause me great harm to lose my home as I suffered a double XXXX in XXXX which caused me to retire from the XXXX XXXX XXXX early. My grandson who has XXXX as is unable to work also lives here with his daughter who is XXXX XXXX XXXX. 
I am asking that you please enter a temporary restraining order and emergency junction to delay or postpone this sale date ad its Fraud to close on me without being reviewed for a loan modification. I requested this information via email, I XXXX ask with me ; however, they were not able to help me they were able to call me. The lender was willing to review me for a loan modification, however, it states it is too close to sale date but will not extend the date. This is predatory loan that I am still being victimized as they will not allow me to modify it. 
I have now learned that I gave away some rights when I did not reply to the original court summons where I could have filed this dispute earlier. I did not realize what that would been later down the loan and I do apologize for that. While I may not understand all the legal actions to take or that have been taken against me. I do understand that if given n the opportunity to be reviewed for a loan modification and receive one that I would be able to keep my house. 
I am only asking for all the options covered with mortgage assistance to be reviewed. I fear now that I will receive retaliation from PHH as I filed a restraining order and injunction. I tried everything to obtain their attention in that I need to be reviewed for a loan modification, and they never respond to me when I need their help. 
Please note that this is not a last-minute decision as Ive been trying to resolve this for months as per the timeline provided. 
I am asking that you please enter a temporary restraining order and emergency junction to delay or postpone this sale date ad its Fraud to close on me without being reviewed for a loan modification Please note that I have not been able to access the case orders for case XXXX. I filed an emergency injunction and temporary restraining order to stop the foreclosure of XXXX XXXX XXXX XXXX as I was not offered a loan modification as I have repeated requests. I have all the required information regarding the request via email numerous times. I have emailed the same to the lender advising them that they were working on it, and I would hear back from them soon. 
I understand that an order was issued in the case and was mailed to me. I believe it was noted to cure deficiencies however the staff for the Federal Courts were not able to provide any further information. An order was not issued for the requested motion of an emergency injunction and temporary restraining order to stop, delay or postpone the foreclosure. I reached out to the lender on XX/XX/XXXX and XXXX requesting the same of allowing a postponement to allow for the review of the loan modification. 
On XX/XX/XXXX I was advised by a lawyer to file XXXX  XXXX and locate a buyer. I advised them that I had received a motion of denial to extend auto stay. The lawyer advised that I would be able to postpone the sale and obtain a loan modification if I filed XXXX XXXX. It turns out that it was bad advice from someone trying to scam me. 
The Foreclosure sale preceded with the sale to a buyer on XX/XX/XXXX. I received information from the public trustee that unless they receive an order from the courts that they sale will proceed and finalize on XX/XX/XXXX. 
I believe that the lender should have reviewed loan modification to prevent the sale of my home. 
This is a case of Dual Tracking that violates XXXX Law XXXX Revised Statutes Title 38, 38-38-103.2 prohibits dual tracking. The law requires services to comply with federal law and CFPB rules. The law requires servicers to notify borrowers in writing when they receive a loss mitigation application which they did.

PHH sent me a letter that advised that while I am at XXXX  there are other options that still may be available. I was advised to complete a loan modification application again and submit it. 
This letter was sent to me on XX/XX/XXXX. At the beginning of XXXX, I completed the loan modification and submitted it. On XX/XX/XXXX I was advised that PHH was in receipt of my application and no other information was required. On XX/XX/XXXX XXXX sent another letter advising that it was too close to the sale date. I sent several emails asking if they extend the sale date in order to review the loan modification. PHH never replied to me. I emailed their attorney XXXX XXXX and advised I had not been reviewed for the loan modification that PHH asked me to submit. They would not extend the sale date either. This is considered to be dual tracking. Offer to review loan medication but not putting a halt on the foreclosure to review the application. 
I would ask that the courts still proceed with reviewing and approving the requested motion and issue it in this case for the following reasons. 
I have been asking for a loan modification and any other options under mortgage assistance to help with the reorganization of this loan and bring my loan current. The goal was never to go into foreclosure, nor have my home foreclosed on.

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