February 10, 2017

Background:

  • Loan was acquired through a divorce and the wife remained in the home after divorce.
  • Wife had previously filed for a Chapter 7 bankruptcy; Ocwen did not allow Wife to apply for a loan modification.
  • Before assuming the mortgage, wife applied for a loan modification from Ocwen Loan Servicing.
  • Debtor participated in good faith to apply for the loan modification.
  • Ocwen presented that the Debtor was not acting in good faith since she did not want to assume the mortgage before applying for a loan modification.

Court Decision

  • Debtor was able to negotiate the modification on a mortgage loan for her home even though she was not obligated on the loan.
  • Judge gave Ocwen the benefit of the doubt in not understanding the HAMP guidelines and did not fine Ocwen.
  • Wife was most definitely able to apply for a loan modification and was not required to assume the loan before the application or during the application process. If was not mandatory to assume the debt before Ocwen gave a final answer on the loan modification.

Know your rights when applying for a loan modification.   Seek the guidance of a Certified Bankruptcy Attorney.