First off I want the make people aware that we have many of the most important conversations with Ocwen recorded so there is no we say/they say.
We were offered and agreed to a loan modification from Ocwen signed and dated in June 29, 2010. We sent in the down payment/first payment at the end of June per our modification agreement.
On july 16 we received a letter from a local attorney stating that Ocwen had referred our home loan to them for foreclosure for a default on the loan. My Husband called Ocwen and asked them why they started foreclosure and they said that the modification would be entered into their system and the correct information would reflect in our account soon.
We replied to Ocwen's attorneys office and sent them all the information needed to dispute this error made by Ocwen. We them called the attorneys office to see if they had received all the information and they had. The attorney's office told us that they could not reach Ocwen and asked us to try to have Ocwen contact them.
My husband even made a conference call between Ocwen and their attorney's office and was told by Ocwen that they could see that a mistake was made and they would get it resolved.
We have a screen shot of our account online taken on July, 19, 2010 showing a message that our modification and payment had been received. The screen shot shows the information about our loan before the modification but shows the next payment due according to our modification.
We made our Aug. mortgage payment over the phone in Aug. 2010 and it was accepted. We made our payment in the form of a personal check for the amount due according to the modification in September. They sent the check back claiming it wasn't enough to satisfy the default.
We called Ocwen and the claimed that we did not have a loan modification with them. My husband again told them that we have in our possession a loan modification agreement with them. They conveniently found our modification agreement in a matter of seconds after we gave them that information.
The home retention specialist told us to wait a few days before sending the September payment back so that the same thing wouldn't happen. He called my husband back like he said he would in a couple of days and said that everything had been straightened out.
About two weeks later, my husband received a call from their collections department stating that they were trying to collect a debt and that the September payment had been rejected again. It was the collections department again having no knowledge of the modification. He asked to be transferred to the home retention specialist. The specialist then said he didn't know why the payment was rejected again and that he would again call back after he had figured out why this was still happening. Again, he called my husband back a day or so later and said that he could then send in the payment again, but that it needed to be certified funds. He also advised that my husband wait a week or two before sending in the October payment so that it wouldn't be confused with the September one.
On November 1, 2010 I found a Notice of Trustee's Sales set for December 1, 2010 taped to my front door.
Since, we haven't received any payments back, as of today, November 2 2010, the September (certified funds) payment has still not been accepted/cashed nor has October's payment. We have been calling Ocwen all day long and can not get a hold of our Home Retention Consultant
Ocwen has left us no choice but to get an attorney and fight them.