Consumer complaint received 2024-09-12 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: FL

Complaint narrative:
This is an answer to the complaint XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CONSUMER FINANCIAL PROTECTION BUREAU `` An ombudsman is an independent, impartial intermediary whose primary role is to investigate and resolve complaints or disputes between individuals and organizations. The ombudsman ensures that both parties are treated fairly, based on facts and evidence, and seeks to mediate a solution in a neutral manner, without favoring any side. 
XXXX XXXX  XXXX ( XXXX ) XXXX XXXX & XXXX XXXX XXXX, I am writing to bring to your attention the ongoing and unresolved issues I have encountered with XXXX XXXX XXXX Despite seeking assistance from their XXXX XXXX, represented by XXXX XXXX XXXX, I have not received the impartial resolution expected from such an office, as defined by the XXXXXXXX XXXX  XXXX ( IOA ). Instead of acting as a neutral party, XXXX XXXX response seems to primarily defend XXXX actions rather than seek a fair solution. 
On XX/XX/XXXX, I submitted an official complaint detailing my financial hardship and various concerns. XXXX XXXX responded on XX/XX/XXXX. This is not my first complaint with XXXX ; in XXXX, I raised issues regarding forced insurance, which I ultimately let go due to the overwhelming nature of the process. To face these issues again within XXXX XXXX  reflects poorly on the quality of service XXXX provides. Below, I will address some key inaccuracies in XXXX XXXX response XXXX 1. Forbearance Misrepresentation : XXXX XXXX referenced an unrelated event from XXXX in which XXXX allegedly offered me XXXX temporary forbearances. She mentioned this both in her current response and my previous complaint, despite it being irrelevant to the current situation. I had inquired about forbearance as a precaution during the height of the XXXX pandemic, yet continued to make payments throughout the XXXX period. XXXX XXXX focus on this forbearance, to which she dedicated XXXX pages of her response dated XX/XX/XXXX, is puzzling and seems to be a distraction from addressing my current complaint. In contrast, she attached only a few pages addressing the actual issue at hand, suggesting an attempt by XXXX to deflect attention from their ongoing mistakes. 
2. Rush to Foreclosure : XXXX XXXX stated that my account could be referred to foreclosure per the original account documents, yet my complaint centers on the speed with which XXXX rushed into foreclosure proceedings. I contacted XXXX on XX/XX/XXXX, and even received a letter from them dated XX/XX/XXXX, acknowledging this contact and my inability to make the total payment due to personal hardships ( death in family, health issues ). Despite my expectations that XXXX would offer a forbearance, they instead moved swiftly to initiate foreclosure. I believe this rush to foreclosure, without exploring all available options, violates regulations under the Fair Credit Reporting Act ( FCRA ) or similar laws, and demonstrates discriminatory behavior on the part of XXXX. 
3. Inconsistent Information Regarding Forbearance Options : XXXX XXXX claimed that no new forbearance or payment deferral options were available after XX/XX/XXXX. However, XXXX continued to reference forbearance in multiple letters, dated XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. This contradiction raises significant confusionif forbearance was no longer available, why did XXXX continue to reference it in their communications, even inviting me to submit an application for review as late as XX/XX/XXXX? These inconsistencies suggest that XXXX has failed to act transparently and has left me in a precarious position. 
4. Foreclosure Proceedings Still Active : XXXX XXXX claimed that foreclosure proceedings were placed on hold after the XX/XX/XXXX, modification offer. This is inaccuratethe foreclosure case is still active, and I have had to engage attorneys to avoid a default judgment. The claim that foreclosure was paused is simply untrue. 
5. Confusing Loan Modification Process : The XX/XX/XXXX, modification offer reduced my payment by a mere {$89.00}, which I found insufficient. After consulting with XXXX, a caseworker from XXXX XXXX, She advised me not to respond to the offer as she is requesting that XXXX prepare a second modification. However, despite being under review for this modification, XXXX proceeded with foreclosure on XX/XX/XXXX. This not only violates CFPB or FCRA regulations, they can not filed in court while I am still under review, but also contradicts the guidance I received from XXXX XXXX. Furthermore, as of XX/XX/XXXX, I have yet to receive the new modification documents. I am now required to sign the modification by XX/XX/XXXX, and make a payment by XX/XX/XXXX, leaving me with little time to review the terms or consult legal counsel. This rushed process is both unreasonable and unfair. 
6. Confusing Communications Regarding Payments : On XX/XX/XXXX, I received a call from a XXXX agent named XXXX ( XXXX XXXX XXXX XXXX informing me that I was XXXXXXXX XXXX behind on payments and demanding the full amount immediately. This was confusing, as I am currently in the middle of a loan modification process. XXXX demand for immediate payment contradicts the fact that I am working to resolve the delinquency through this modification. 
7. Late Fees and Unnecessary Charges : I have requested that XXXX remove XXXX late fees of {$36.00} each, which would not have been incurred had I received a reasonable modification offer earlier in the year. Additionally, I have been charged a recurring {$30.00} inspection fee for XXXX, XXXX, and XXXX, even though I live in a gated community where drive-by inspections are not possible without prior notice. This further highlights XXXX abusive practices. 
8. Damage to My Credit Score : Due to XXXX mishandling of my case, my XXXXredit score has dropped over XXXX points, now standing at XXXX. This has severely impacted my ability to live a normal life. I request that XXXX correct my credit report to accurately reflect the true status of my account. 
XXXX. Omission of Key Information from Modification Offer : XXXX XXXX referenced the XX/XX/XXXX, modification offer but omitted critical information from pages four and six of the document, which clearly state that if contacting XXXX within XXXX XXXX of the date of the letter or making the first payment would stop the foreclosure process. Despite following these instructions by calling many times XXXX and XXXX XXXX, foreclosure was not halted, which raises serious concerns about XXXX handling of my case. 
Conclusion : I urge you to thoroughly review my case. The actions of XXXX XXXX XXXX XXXX XXXX XXXX have been neither fair nor accurate, and I continue to suffer the consequences. Please let me know if further information is needed. I trust that you will take appropriate steps to resolve this matter promptly. 
Sincerely, XXXX XXXX Enclosure Cc : XXXX XXXX XXXX

Company response to consumer: Closed with explanation