THE FACTS : 1. I defaulted on my GMAC mortgage payments XX/XX/XXXX due to job loss.
2. Now bankrupt GMAC ( superseded by OCWEN Loan Servicing LLC later on ) issued a repayment plan.
3. I complied with repayment plan – paid all requested amounts to GMAC through XXXX XXXX for 8 month.
4. On XXXX XXXX, XXXX, GMAC approved my Mortgage Modification Request and set the monthly payment amount based on new loan amount that contained all the default amounts from previous months.
5. I have been making payments every single month starting XXXX XXXX without missing a single payment and without being late till Present, all according to GMAC/OCWEN requirements.
Now, comes XXXX XXXX, and more than 5 years after my Mortgage Modification with GMAC I am suddenly informed by OCWEN that I am past due 7 month?!
Even assuming that GMAC/OCWEN were not calculating monthly payment correctly or having any other reconciliation errors – it is still not acceptable consumer lending practice to suddenly inform the customer about 7 months default and engage in behavior that OCWEN is engaging ( when all I did is complied with their requirements at all times for 6+ years ), namely : Start charging me late and other fees, as shown on your recent statement.
Refusing to accept my regular payments that I have been paying for years.
OCWEN ‘s Customer Service is in XXXX and I can not get any meaningful answers from there. Meanwhile OCWEN is pushing to foreclosure. So I had no other choice but to apply for additional Mortgage Modification with OCWEN … and now am waiting for them to approve it.
It has been a month of them supposedly ” researching ” but meanwhile they are charging me late and ” other ” fees and pushing for foreclosure. So far I did not get a meaningful documentation and accounting on the loan according to Section 2954 of the California Civil Code …