Consumer complaint received 2015-09-19 00:00:00
Product: Mortgage — Other mortgage
Issue: Loan modification,collection,foreclosure — 
Company: Ocwen Financial Corporation
State: CA

Complaint narrative:
I have been battling Ocwen for my home since XX/XX/XXXX. I have been scammed by XXXX attorney for {$2000.00}, and spent the last 2 years trying to negotiate a modification with another law firm for a total cost of {$16000.00}. 
The year before I hired them, I had tried to deal with Ocwen directly on my own, and had no results. I have had numerous encounters with Ocwen and have been passed between a total of XXXX 'relationship managers ' all promising if I comply with their particular required documentation I would receive a modification on my home. During this time I offered to make payment until modification was complete, they refused. At that time I was in a position to start paying monthly payment and any arrearage on a modified loan. Now there is no hope for me catching up. 
In XXXX of this year Ocwen filed a 'Notice of Default ' and started the foreclosure process while the property was still being considered for modification. There by engaging in 'dual tracking '. This came at a time whe the real estate market in my area had dramatically increase in value. Once they became aware of that they filed. By then, foreclosing would gain back the {$100000.00} in arrearage accumulated over the time they stalled and would not have to offer me a reduction of loan principal. At one point the house was {$200000.00} underwater ( documented ) and now it 's not. 
During this time I have actively increased the value of my home that was in total disrepair after my now ex-husband left and have documentation to that effect. They are also aware of this because they have sent a property inspector by each month to check on the condition of the property and have charged me for that also. 
I have been terrified of losing my home of 30 years and income I derive from it. I will become homeless and so will my daughter, a single mother, and my granddaughter. There is no possible way we can afford living in XXXX XXXX if we loose our home. This is where she and my other daughter grew up. I 've always worked here and now we both work here and I also volenteer. If forced to move we will also loose the income of our small local business. 
I asked my attorneys to file a law suit to stop this process and have spent many months biting my nails waiting for them to file. I am now in possession of the Final Draft of the lawsuit that is waiting for my approval. If I agree with this lawsuit, I will be bound to new costs and new billings which I do n't believe I can afford.The Complaint is for the following:1. Constructive Fraud2. Statutory Violations3. Promissory Estoppel4. Negligence5. Negligent Misrepresentation6. Intentional Misrepresentation7. Violation of business and professions code section XXXX, etseqI will forward a copy upon request. 
I believe the loan that my husband and I received in XX/XX/XXXX refinancing our home was illegal from the beginning. It was with brokered by XXXX XXXX in XXXX, now under Federal investigation for fraud ; never had an appraisal ; never had full disclosure of the now illegal negative amortization loan payments ; had no direct lending institution to speak too and was processed and owned by XXXX until they sold it to someone else ( now illegal in some states ) ; and considered a XXXX loan also of questionably legal ; Title Company negected to have me sign the note even though I was on Title and th Deed of Trust. 
This has been a living nightmare and one that my ex husband could not live with. 
I am asking for help to unravel this mess and allow my daughter, my granddaughter and myself to live in peace in our home.Thank you. XXXX XXXX

Company response to consumer: Closed with explanation