Date Received: 2022-02-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: we struggled working with Ocwen and now PHH we finally got a loan mod approved ; we made our trial payments of {$2500.00} per month. once we received the final loan mod ; both of us were sick with covid so returning the final loan XXXX was late. Now we have a foreclosure posted on our door ; PHH says we have to start over ; now they keep our money and want to start foreclosure
Company Response:
State: WA
Zip: 98031
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have a loan that was originated with a now defunct company. The XXXX XXXX 's office went to court and got an injunction against the company because the loans were deemed predatory in nature, the XXXX XXXX stipulated that the company or their predecessors would modify the loan in a fair and reasonable manner. This has not been the case, the amount they are requesting is multiple the amount before the XXXX 's office got involved. I am getting the run around and they are trying to take my home. This is my third complaint to CFPB, once they are contacted by you, they have boiler room staff cutting and pasting a non sensical response to waste time to seem like they are actively trying to resolve the issue when they are really obfuscating the truth to XXXX my property from under me. I was told yesterday to call back they are working on it, only to be denied and foreclosed on. Please get on these people this is ridiculous.
Company Response:
State: MA
Zip: 021XX
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-24
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: In early XX/XX/2021 I began the process of refinancing my home. It was an in house refinance with my current mortgage servicer ( PHH Mortgage ). I went through the process of submitting documents, securing an out of pocket appraisal in anticipation of establishing a closing date. The terms were favorable in terms of the interest rate and the cash out amount I was to receive. When the process was close to being finalized I was informed that I needed a specific type of insurance coverage on the property. The final step was for me to change my policy to a " replacement cost policy ''. That type of policy would have increased my premium by 400 %. The loan was for approximately XXXX, the new insurance would have coverage of XXXX. I asked repeated via email and phone as to why I needed that much coverage. I have yet to receive an answer that makes sense. The loan processors stated that the underwriters generated these terms and requirements. I asked to put in contact with the underwriters several times and asked for a statement from the underwriters explaining why this requirement was in place. I have yet to be contacted by the underwriter or anyone else who could provide clarification.
Company Response:
State: PA
Zip: 19082
Submitted Via: Web
Date Sent: 2022-02-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Failure to review and send change of mortgage hazard insurance in a timely manner To whom it may concern : I sent pdfs last week to your company of my interactions with PHH mortgage company since XX/XX/XXXX. Upon refinancing my current mortgage in XX/XX/XXXX, I was rushed through the process of closing and not informed of the change of payment for my hazard insurance at the time of closing. Since I did not know my hazard insurance would not come out of my monthly mortgage payments, as was done previously, I did not pay the policy. My hazard insurance ( XXXX ) was unaware of the change as well and sent payments to PHH requesting that the company pay the insurance fees or sent documents to the mortgagee ( myself ). I assumed the mortgage company would be paying it, and the mortgage company ( PHH mortgage ) assumed I would be paying it. The mortgage company did not inform me of this change or of their receipt of request for payment from XXXX hazard insurance and the insurance policy lapsed for a total of 10 months. CA law states that a customer or policy holder should be notified at least 45 days in advance of insurance being canceled or lapsing in payment. The law states that the mortgage company must send a written document stating the possibility of placing a forced paid insurance to cover the lapse. I did not receive such notice. Nor was I aware that the mortgage company was not paying the bill sent by XXXX insurance to them. I never received a bill for insurance or a forced paid hazard insurance letter from either XXXX insurance or PHH mortgage at the time of insurance cancellation ( XX/XX/XXXX ). I received notice of cancellation of my policy 10 months later, in XXXX of XXXX, of which I immediately renewed and fixed the problem. I am consistently a reliable policyholder who pays on time monthly. I was also proactive in renewing my insurance policy, as it was renewed immediately upon knowledge that the change in payment had been made in XX/XX/XXXX. The lapse of insurance would not have happened in XX/XX/XXXX if I was made aware by both the insurance company and PHH mortgage company. PHH mortgage 's refusal to take ownership and penalize me for the lapse of insurance policy, a policy I was unaware had lapsed, is inexcusable. The company was given ample time by XXXX insurance to provide me with the renewal bill sent to them, both in XX/XX/XXXX and XX/XX/XXXX. Instead, they waited 10 months until it was too late for me to keep my insurance current, costing me a higher insurance fee and, now penalizing me of a {$1000.00} fee of backpay insurance for their error.
Company Response:
State: CA
Zip: 91709
Submitted Via: Web
Date Sent: 2022-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH Mortgage ( PHH ) acquired my loan from AmeriHome Mortgage ( AmeriHome ) on XX/XX/2021. AmeriHome, the prior servicer, failed to notify me of the transfer of the loan until XXXX days after my habitual payment date of the XXXX of each month. Upon receipt of introductory communications from PHH, I contacted the company to inform them of the late notice and ensure that PHH was aware that it would need to obtain the XXXX payment from AemriHome. PHH did not receive the XXXX payment from AmeriHome due to errors in AmeriHomes accounting and began attempting to charge me for an additional payment, above and beyond the payments agreed to in the amortization schedule when I took out the loan. PHH has also attempted to change late fees to me for the failure of their business partner, AmeriHome, to transfer the XX/XX/2021 payment as presumably required by the agreement between the two companies. I communicated with PHHs escalation department regarding these payment issues. However, the PHH escalation department abruptly ceased responding to my calls or messages without ever communicating to me any determination of the source of PHHs issues with receiving the XXXX payment. As I informed the company by letter on XX/XX/2021 : In addition, I have received multiple letters ( three of which are dated XX/XX/2021 ; XX/XX/2021 ; and XX/XX/2021 ) indicating that Our escalation department is trying to contact you. However, I have not received any recent phone calls, nor does my mobile account indicate any recent missed calls from PHH. I have responded more than once by calling the phone number indicated ( XXXX extension XXXX ), but no one has been available to receive my call. I have left detailed messages on each attempt to call the number provided. I have not yet received a reply to my attempts to respond to those letters beyond the receipt of additional nearly identical letters. PHH Mortgage requested proof of payment, so I asked my bank to send directly to PHH a letter indicating the date and received status of every payment due and payable on my loan. That letter clearly indicated that no payments were late, nor had any payments been returned. PHH responded with a request that I Please provide a copy of the cashed check front and back in order for PHH to initiate an investigation. Perhaps this was boilerplate language, but the company had already been clearly informed on multiple occasions that all of my payments had been made via ACH transfer. Thus, no copy of a cashed check could be provided. However, they were in receipt of the letter from my bank showing the status of all payments. The latest substantive response by letter from PHH states that We have applied all the payments received on the account in accordance with all applicable federal and state laws and as outlined in the original Note, consolidated modification agreement and any agreed upon amendments thereto. It appears as though PHH Mortgage, although clearly aware that all payments have been made in accordance with the latest information communicated to the borrower, is intent upon forcing me, the borrower, to correct issues that are clearly the fault of AmeriHome, the company with which PHH decided to do business. I was not a party to PHH Mortgages negotiations with AmeriHome Mortgage. It is not within my power to correct issues between those two companies. PHH will need to sort out those issues with their chosen business partner, as any ethically run company would do. PHHs attempt to force a mortgage holder to make an additional payment, effectively unilaterally altering the terms of the mortgage agreement, is unconscionable and should be met with harsh penalties by the regulatory authorities.
Company Response:
State: CT
Zip: 06511
Submitted Via: Web
Date Sent: 2022-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called in as client, rep said they need XXXX pay stubs for XXXX XXXX. Explained that XXXX does not receive income, rep said that she needs to send in a letter saying that she does not contribute to household. Rep said her name and signature needs to be on XXXX. Sent XXXX with co-borrowers signature and social as well as letter saying XXXX does not receive income. Asked to be transferred to supervisor, waited on hold for over 45 mins. and then hung up on me. XX/XX/XXXX, XXXX XXXX NOTE [ n ] Called PHH, said as of XX/XX/XXXX docs are missing : -Co borrowers income info -Co borrowers income proof -Name & SS of co borrower Let her know I already sent info with co-borrowers SS, asked to be transferred to a supervisor, waited on hold for 15 mins and then got hung up on. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH, docs were received on XX/XX/XXXX. We have to wait for the docs to be reviewed in 3-5 business days. Once the package is deemed complete it will be reviewed for a mod. Requested that the rep notate that would would like this account reviewed for a mod immediately. XX/XX/XXXX, XXXXXXXX XXXX NOTE [ n ] - Sent PHH pay stubs & XXXX 's signed auth via email & fax. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - PHH rep called in, said that they need -name and social security for co-borrower -Pay stub for 30 days XXXX Spoke with supervisor and he miraculously found documents but said he needs to review XXXX pay stubs XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH to XXXX on review. Rep ( XXXX ) stated as of the XXXX there is not a complete packet. Let her know we already resent docs & called back on both the XXXX & XXXX. She said the packet is still under review and it is not marked as " completed '' so the formal review ( 30 days ) has not even started yet. She said we should receive a letter if the packet is marked completed or if additional docs are needed. Rep could not tell me how long this will take or why we were previously told it was formally under review for a modification. She said a relationship manager should be calling us Friday between XXXX. Could not tell me what phone number and would not let me provide a back up number. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH to confirm docs were received. Received XX/XX/XXXX and is under review. Review will take 30 days. There is an appointment scheduled for XX/XX/XXXX to speak with us but they have our old phone # on file. Rep was unable to update the phone number. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH to XXXX on XXXX, rep said that they still need most recent pay stub and bank statements with gross ytd. Re-sent XXXX pay stub and Bank statement XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH, rep said the XXXX was submitted to underwriting, and will let me know if there are any missing docs XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH to XXXX on XXXX, rep said that they are missing docs, let her know we already sent in those missing documents and want to make sure they are in review, transferred to supervisor. Supervisor said that she will send a message to underwriting to make sure that the documents were in review. Asked if I could speak with loss mitigation or someone who is in charge of this file, rep said her had are tied and there is no one I can speak with. Said she will try and have a Point Of Contact call me back. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH, rep stated the packet was received on XXXX XXXX. No additional updates at this time the docs are still being reviewed. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Sent PHH XXXX to XXXX XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH, rep was able to find authorization. Rep stated the XXXX was reviewed, but was missing information. Hardship letter needs to be signed and dated. Financial form needs to be filled out. Borrowers info form is not complete. Requested letter with missing info be sent via email. Will receive it no later than Monday. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH, spoke with rep who could not find authorization. Transferred me to manager, call disconnected. Called back, another rep could not find our auth so again asked to be transferred. Manager ( XXXX ) could still not find our auth, he was incredibly rude, put me on hold for over 45 minutes. No records found for an authorization from our company. Placed me on hold again, then hung up on me. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH to confirm Request for Mortgage Assistance was received, rep said that it was received, said they still need to be reviewed. Will f/u in a few days. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called to give financials, rep took income and expenses over the phone, then said she will send out the XXXX packet to my email w/in 4 business days. Said the financial interview is just to see if they are in need of a mod. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH to confirm XXXX is removed, rep said that XXXX has been removed. Asked if account is available for Mod, said they would do a financial interview over the phone. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called PHH to confirm when Forbearance ends, rep said XXXX ends on XX/XX/XXXX Rep said to submit for a loan modification, fax it to XXXX XXXX said the review takes about 7-10 business days XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Called back, spoke with Customer Service manager and she verified the initial documents are on file. XX/XX/XXXX, XXXX XXXX - Called PHH, rep XXXX to verify if initial docs were on file. She was so confused as to what I was asking, I requested to speak with a manager & was hung up on. XX/XX/XXXX, XXXX XXXX NOTE [ n ] - called PHH to see if initial docs were received, rep said it takes 5 business days to see if anything was received. Will f/u on XXXX XX/XX/XXXX, XXXX XXXX NOTE [ n ] - Sent initia docs to PHH
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 90059
Submitted Via: Web
Date Sent: 2022-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I XXXX XXXX XXXX, am concerned that there is immediate need for injunction and restitution. I seek your expertise and authority to inform the agency heads as to the grave injustice that is proceeding. There is a hearing in XXXX XXXX today XX/XX/XXXX, under XXXX, which may cause to invalidate our recorded interest and award a Quiet title to land developers. They have interfered with all our attempts to settle the claims with XXXX Bank since prior to the XXXX foreclosure. As I am still in the home, I intend preserve my interest and The XXXX 's estate. My family have attempted to defend and assert the right to rescind and did properly defeat the WILD, Unlawful, Unconscionable contract. We are seeking right to equity and ownership of our home. We are first time homeowners, first time buyers, and never refinanced, or even legally completed any remodification. The proof and records are already in the possession of the XXXX, XXXX XXXX, The CFPB file XXXX [ XXXX ] XXXX The Federal Court XXXX and The XXXX XXXX XXXX XXXX XXXX XXXX of this state supplied by the foreclosing entities. The exhibits and statements made by the attorney on behalf of XXXX XXXX differ from the response provided to this agency compared to the response provided to the XXXX. All this is evidence confirms and substantiate everything alleged by the XXXX 's. The extent of trickery and egregious actions by the foreclosing Parties and their counsel are too numerous and therefore extremely difficult to direct the courts and regulators to. We have made every attempt to navigate Non-Judicial foreclosure proceedings under the WA XXXX more than a good faith effort to negotiate with the regulatory agencies, foreclosure prevention entities, and the foreclosing parties. Everyone has ignored us. Now I see that the DOJ has found liability and guilt information under XXXX XXXX XXXX. ( See footnote at XXXX of Annex XXXX, as it relates to NPV and equity to the parties ). The settlement is contingent on the relief to the homeowners. It shows there was viable restitution and remedy to keep us out of foreclosure and out of harms way this entire time. Not one of the states agencies made an attempt to help us. This Mortgage created consist of Violations of Sections 17 ( a ) ( 2 ) and 17 ( a ) ( 3 ) of the Securities Act and 17 ( b ) engaged in transactions, practices, or sec ( 16 ) courses of business which operated or would operate as a fraud or deceit upon the purchaser. CV XXXX filed XX/XX/XXXX against the false representation made by the XXXX securities offerings explains in detail the effects this contract has on the world financial markets and global economy. It also shows the knowledge and forethought of XXXX and XXXX Bank as it pertains to their respective roles. Also see that history shows all parties beside the homeowner victims were able to seek remedy or claims under securitization jurisdiction and are not injured by the XXXX 's. ( XXXX Bank XXXX. XXXX XXXX XXXX FDIC, XXXX XXXX XXXX XXXX XXXX ), and see FDIC XXXX & A for failed bank for XXXX cost over XXXX XXXX in FDIC insured accounts to be paid, less than half of the Liabilities after all assets liquidated. In fact the XXXX was signing a stipulated Judgement to settle horrific crimes against XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX ( all bad acts against XXXX transpired XXXX XXXX XXXX XXXX conveniently ) On XX/XX/XXXX in XXXX XXXX XXXX XXXX Judgement it was explicitly noted that we were resolving claims for monetary compensation paid to us for harm done during these years. Furthermore, the damages awarded were TO BE conclusive of the damages we sustained during these years XXXX. HOWEVER, it is my believe any amount owed to XXXX XXXX would be included as they initiated foreclosure in XXXX and proceeded to trustee sale on XX/XX/XXXX in XXXX XXXX XXXX XXXX day XXXX settled with the XXXX 's XXXX I feel that a rouge escrow account falsely trigger foreclosure on us in XXXX the same month WA XXXX was cashing an extortion bank draft forced under duress to pay and then the XXXX XXXX is allowed to proceed in this State without the agency heads even looking into the DOJ XXXX XXXX XXXX the XXXX XXXX Bank XXXX XXXX XXXX XXXX disturbing. The winter of XXXX XXXX spent sitting in the cold, dark, XXXX XXXX with no food or heat trying to study law to defend against the foreclosure and the XXXX agents simultaneous, [ which is The XXXX 's full time residence not properly taxed or described ]. All the documents and exhibits provided are an admission of the adverse party. Because they have been supplied and are available for review, I will point out several factors that appear to violate the XXXX 's rights, as well as the foreclosing statutory requirements. A trustee can not appoint a trustee. A Trustee and Beneficiary can not be the same persons under WA XXXX. Who is the XXXX of the DOT foreclosed on the XXXX 's XXXX? The Lienholder notice sent by XXXX XXXX XX/XX/XXXX was sent to XXXX Bank. The XXXX XXXX states that the XXXX XXXX case was moved to XXXX XX/XX/XXXX to restrain sale. Our right to demand trial or contest a magistrate was waived XX/XX/XXXX. XXXX and XXXX XXXX say 14 days from filing a case are allowed to comply with this. XXXX is 13 days. The federal docket will also show that Ocwen filed the case XX/XX/XXXX, first document on court is the XXXX 's Complaint. This document was replaced by Ocwen on XX/XX/XXXX, the same day the XXXX was removed, and XXXX assigned. An action is not brought, and case does not commence until filing of the complaint. Further the XXXX have no idea what was placed on the federal court XX/XX/XXXX labelled " the complaint '' and then changed XX/XX/XXXX. This is Prejudice and strange. Third the response to CFPF on page XXXX sec XXXX states sale was Postponed to XX/XX/XXXX. No notice was provided or published. Then there is the fact that Ocwen and PHH were merging in Delaware in XXXX. Ocwen was forced closed due to the violations it was already known to be committing on homeowners. XX/XX/XXXX consent order was signed exactly when Ocwen acquired the XXXX 's accounts and proceeded to do every XXXX of the violations alleged by your agency to my family up until XX/XX/XXXX. PHH was not merged in WA until XXXX. There was no servicer to negotiate with all of XX/XX/XXXX to save the foreclosure from proceeding. Further XX/XX/XXXX PHH responded to XXXX complaint and said they needed more time and would provide the XXXX response after XX/XX/XXXX sale date. Also, PHH admitted to needing more time to provide the XXXX required account statements and confessed to providing the XXXX 's with false information in their response provided to us in XXXX. PLEASE KEEP IN MIND THAT these actions should be moot, considering I have learned that the XXXX XXXX has so been ordered, back in XXXX to provide direct relief to the VICTIMS. I am a direct transacting party from XXXX all the way until XX/XX/XXXX, when PHH sold the REO to an investment company. From XX/XX/XXXX to XX/XX/XXXX the title was in the name of XXXX Bank as trustee for XXXX XXXX and PHH is XXXX of attorney to complete the XXXX requirements of foreclosure and holding property. During this time the XXXX makes clear that the XXXX can void the trustee sale and make right with the XXXX 's rather than continue to move forward and knowingly perpetuate the now confirmed mortgage fraud. The order and sanctions imposed by the DOJ on XXXX Bank for finally confessing to the collaboration with XXXX under the XXXX ( XXXX XXXX ) transaction. Gave until XX/XX/XXXX to XXXX Bank to comply with the requirements of XXXX XXXX in the form of 100 % forgiveness or a workable negotiation. The XXXX 's being under contract the entire time with the original parties from XXXX have never been afforded any mitigation or loss prevention. We were in fact denied by all the agencies. What this means is that all equity and obligation has been performed by the XXXX 's. We paid and they do admit this. There statements show the value of the home on the XXXX records in XXXX XXXX and now XXXX. Its beyond likely they are not entitled to gross enrichment. We have receipts to prove far more paid to the parties. ( They all are now confirmed to have committed fraud under that Transaction of XXXX INABS trust. ) Why would this state not order the relief be granted rather than imply the XXXX 's must pay known criminals? The XXXX collapsed the world economy, this is an international event, PHH is a foreign company, and this may very well be crimes against Humanity. Not just against XXXX XXXX XXXX. However, I am only seeking your intervention and assistance in protection from the crime of foreclosing on my home. The XXXX 's are only the second owner of the summer cabin on XXXX XXXX. It is a XXXX XXXX and it has an interesting and odd past. The Trustee on the DOT recorded was scratched off. The original trustees named all deny any knowledge of this DOT. The XXXX is very clear that the beneficiary may assign a successor trustee for foreclosure and upon this they are vested with full statutory authority of THE ORIGINAL TRUSTEE, with which comes power of sale Who is the TRUSTEE under the XXXX 's DOT? Furthermore, the Escrow was collected XX/XX/XXXX, the heirs of the estate ( sellers ) were conveyed the estate from probate XX/XX/XXXX. The escrow covered title insurance and closing costs, for the loan on the DOT. The escrow agent was XXXX. They were not licensed. XXXX, took the escrow and some other title company forced a legal description change 1 day prior to executing the DOT with XXXX. The title insurance went with the escrow under loan displayed on DOT, XXXX took first payment early and under a different loan number XX/XX/XXXX with an entirely separate escrow account for our tax and PMI. Recently I see this XXXX account # with escrow for the PMI was still running concurrent XXXX payable to XXXX, while Ocwen started servicing XXXX under account no XXXX, to which an escrow account was also active. I even called and spoke to the XXXX in XXXX when I discovered this and they are unable to represent individuals, so I received no notice that this trust was found to have violated my family and relief was ordered. On this note it is my understanding that upon the courts recommendation or prosecutors recommendation regulatory agencies in WA may enjoin a citizen complaint if action is in the interest of the public. This is a perfect example. The same parties as in XXXX XXXX XXXX, however the XXXX have been injured directly by MERS, and there is absolute harm and certain absolute that we are at risk of paying twice. These two elements are the 2 elements of the CPA violations that were not found to be present in that case. Also in XXXX she defaulted in the first year XXXX, on much larger loan value. Even despite this the XXXX enjoined the action due to all the excitement surrounding MERS beneficiary not recording in the XXXX XXXX records. That case determined MERS was not a beneficiary under WA XXXX, but more important they recognized that XXXX dissolved and could not assign interest by a nominee in XXXX. So why can they in XXXX by way of OCWEN as MERS attorney in fact, where MERS is acting for XXXX? Could it be the patented loan document that allows them the beneficial interest? ( MERS Modified XXXX ). The multiple mystery accounts ran through the life of our DOT until all agencies were starting to investigate the XXXX in late XXXX - XXXX Ocwen began to foreclose to consolidate the concurrent fraudulent accounts. This was only made aware by my pleadings to the court in XXXX by the counsel and that is why all responses to your agency heads were redacted. The court rules on redaction or debt disputes makes clear that the identifying material evidence such as account numbers do not qualify for redaction. This was a deceitful act to prejudice us. I recently learned fidelity was not licensed and find it must be made known to your agency and the regulatory heads that is the only reason XXXX XXXX XXXX under case XXXX is attempting to rule against the XXXX XXXX and XXXX XXXX XXXX for a superior title action. Because he is an escrow agent licensed to assign the DOT. When in fact the escrow agent that sold the mortgage was not licensed either, and refuses to allow Our Reconveyance and declaration. I have read the XXXX, XXXX, and assumption agreements, I have read the XXXX and XXXX ratings entitled " The Takedown '' dated XX/XX/XXXX. I have read all the SEC filings from all the entities under the XXXX XXXX XXXX Issuing contract and understand how the Depositor, Seller, Issuer, Sponsor, Servicer, Lender all being IndyMac is not normal. Yet because of XXXX performing and controlling all these roles under XXXX, when they were deemed insolvent the entire contract legally collapsed. It must be void as it was made specifically when insolvent. Statutorily and traditionally this is accurate. However under the XXXX, The Trustee ( XXXX Bank [ Co-Manager of the XXXX XXXX Trust formation and XXXX ] XXXX would take beneficial interest of " the assets '' and " the Original Loan documents '' among many other indemnification contract language, that preserved the XXXX XXXX contract. It was not until XXXX upon officially linking XXXX Bank to XXXX and having equally engaged in the underwriting scheme, false representations of the opine, and malfeasance that action can now be brought. The share holders and certificate holders are not the only ones injured. Deliberate indifference as instructed under WPI XXXX appears to be consistently effecting my families right to peace and fear from persecution. I feel the Agencies are turning a XXXX Eye to XXXX XXXX Trusts abusive business Practice and failing to Prevent by required reporting of Trust. And imposing Double standards by subjecting the XXXX to the XXXX when the foreclosing beneficiary is the ISSUER, XXXX XXXX XXXX XXXX and should have been restrained from non-judicial foreclosure. This is the issuing entity formed under the XXXX Prospectus Co-Managed by XXXX and XXXX Bank. The contract closed on XX/XX/XXXX, The same day the XXXX XXXX with the parties under the XXXX. As of the findings and in full consideration of the totality of the findings in the completed XXXX and XXXX cases conducted over the last XXXX years it has been found to be an unconscionable contract. According to the language used by the DOJ settlement as well as the FDIC, XXXX, AND similar cases settled, does not waive the rights of any individual or any agency of state or local to pursue claims for the Mortgage Securitization scheme INABS XXXX contract. That as of XX/XX/XXXX XXXX Bank as trustee lost any Indemnification provided in the XXXX contract that is the INABS XXXX. I lost all the equity by XXXX plummeting, and also the world economy collapsed as a result. My family has persevered all these years and started XXXX XXXX XX/XX/XXXX, 3 days before XXXX funded the formation of the XXXX in XXXX as a direct result of this contract. I also believe it is because of the desire to provide loans to the XXXX that XXXX loan numbers were generated under the XXXX 's name and I also believe these were used to manage escrow accounts unlawfully. Our NOD which should be on file was sworn by XXXX XXXX XX/XX/XXXX to have provided the XXXX 's a mediation meeting with beneficiary. It is blank on the date and time of this false meeting. I learn that XXXX XXXX was the same rep that committed perjury in a bankruptcy case by lying about hugely overstate escrow shortages XX/XX/XXXX. Could it be that the XXXX 's really did not get a mediation meeting and that we were also victim of an escrow shortage scheme? Is it fishy that the XXXX recorded on the DOT was never paid on yet the title insurance and escrow account did in fact go forth with that loan number. Is it also strange that no Trustee on the DOT truly ever existed or wont admit? are they not the one with the Power of Sale. Is it not more likely than not that the closing escrow agents had something to do with the changing of the legal description of the estate a day before close? It is no secret that the neighbors on XXXX XXXX who have now purchased the dirty deed in XX/XX/XXXX are intending to develop and are not bona-fide purchasers. They have mocked us for not having any remedy under foreclosure and are providing no legal authority to deny our recorded interest. The XXXX stated XX/XX/XXXX that they do not have jurisdiction to void the XXXX 's recorded interest, however he will sign a legally insufficient SJ order today at XXXX to try to cause such effect in order to give the appearance of justification for ruling in favor of the parties seeking to profit from horrific mortgage fraud. This is causing undue hardship, it is very disturbing and has already harmed me beyond repair. The only saving grace has been the sanctuary of my home. It was appraised at XXXX in XXXX by an independent XXXX. Short XXXX c XXXX : " This act may be known and cited as the foreclosure fairness act. '' [ 2011 c 58 2. ] ( b ) Create a framework for homeowners and beneficiaries to communicate with each other to reach a resolution and avoid foreclosure whenever possible; and ( c ) Provide a process for foreclosure mediation when a housing counselor or attorney determines that mediation is appropriate. Additionally the XXXX also states that the XXXX will do everything it can to work with the XXXX for the beneficiary XXXX. WA created XXXX, sec XXXX, sec XXXX, sec XXXX, sec XXXX and sec XXXX specifically to combat the hidden beneficiaries and the lost ability to negotiate with a lender. Securities and MERS give rise and are cause of legally unsound deed of trust statutes in the wake of the securitization of residential mortgages. To make matters worse the XXXX also gives detail of how the servicer and trustee are paid. Both serve to profit in such ways that are left to self regulation and honor system. XXXX would profit from the dissolution of XXXX and the XXXX, is in a position that provides beneficial interest in foreclosing, proceeds, and full deference to determine when a mortgage is in default which is breeding ground for scienter. The servicer incentives were used to prolong application times and delay modifications and in my case Ocwen accepted over a year of payments and kept them in suspense or unapplied funds continuously. They refused to apply additional payments to principal as well. Given that there is clearly more than meets the eye here and there is time to save our home, and perhaps assist in continuing efforts to prosecute the bad actors, I respectfully call upon this agency and the State regulators to allow the XXXX 's to show the evidence, to seek restitution and protection. Because the PHH and XXXX bank did not sale until 2 years ago today, it is still technically within 2 years. However if your agency can confirm the DOJ settlement does in fact welcome state and local efforts to enforce. and You can confirm the XXXX XXXX XXXX is included in the list of trust that are named under the " covered conduct ''. The XXXX XXXX list the XXXX that XXXX Bank is liable to. XXXX XXXX is listed on page XXXX left column midway down. It is only under the XXXX 's DOT that all these parties can be seen in full light. I assert that both civil and criminal acts have been committed against my family by XXXX bank. Please understand that this is no way conclusive of all the findings and evidence that I have uncovered. I am not an attorney and do not have the ability to articulate any of this briefly. I also would ask that you remember XXXX XXXX is a Trust, the ISSUING entity of ALL the securitized mortgages, and the security certificates. Within this XXXX are Hundreds of " supplemental trust ''. My mortgage just so happens to be held in a " supplemental trust '' also named XXXX XXXX. This is not the same as XXXX XXXX XXXX " issuer ''. This must be understood to confirm that XXXX Bank and XXXX did both conspire and are both now confirmed liable and have both directly harmed the XXXX and continue to proceed as a normal course of business under this contract. I seek equitable estoppel, and prosecution if it is found they are ignoring the DOJ order and attempting to conduct fraudulent mortgage activity in the state of WA. Thank you for your consideration and immediate attention to this matter as time is of the essence. The WA state constitution and statutory code do not intend to supersede any federal law or law of The United States that has jurisdiction over such entities, as regulatory, licensing, or reporting enforcement. And likewise the federal authorities have given full deference to the local jurisdictions to take action. And furthermore, in the XXXX XXXX XXXX under XXXX XXXX it also makes clear that the Servicer and Trustee will report to and abide by any local jurisdictions authority as it XXXX relate. The statute of limitation XXXX be closing, or it XXXX be seen to not yet have commenced as the compliance review for XXXX will be evaluated next month. I would like to have the concerns presented here addressed regardless if I lose my home or not. These states regulatory agencies will need to tell the XXXX 's and XXXX XXXX : 1. who the ORIGINAL trustee was? 2. who had any statutory authority ( MERS as beneficiary ) to assign to XXXX in XXXX beneficial interest of XXXX XXXX 3. Did MERS divest any beneficial interest to XXXX? If, so under what legal statute or authority do you rely? 4. Who was the XXXX that foreclosed? 5. Are they the proper party to foreclose on a residential first-time homeowner under WA XXXX? 6. If XXXX XXXX has WA approval to foreclose, does the DOJ XXXX XXXX have no merit? or is it not applicable to The XXXX? 8. If XXXX XXXX has WA approval to foreclose, can the XXXX or XXXX explain what obligation they are foreclosing on? 9. The default on the receivables, or is that one Leon secures two obligations? I am available for any further information and I do appreciate your diligence in this matter. Signed This day XX/XX/XXXX. XXXX XXXX XXXX XXXX XXXX
Company Response:
State: WA
Zip: 98584
Submitted Via: Web
Date Sent: 2022-04-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I received a letter in the mail in XXXX from PHH confirming an escrow refund to me for {$1000.00} which would be mailed separately. Because I never received anything as I was out of town, I call PHH on XX/XX/XXXX and I was advised check was already mailed and to give it some extra time. Nothing was received so again I called back on XX/XX/XXXX for a new check and was advised that a new check couldn't be provided until after XXXX which is 30 days from when the original check was issued. I called back on XXXX and was transferred to an escalation manager which said they would call me back in a few days because the treasury department had to do some research then get back to me. As of XX/XX/XXXX, still NO CALL back so I called PHH again. I was transferred to another escalation manager ( XXXX - XXXX ) which stated that someone did call me but was transferred to my voicemail yet I received messages/ calls. I was then informed that the " check '' was cashed. I advised it wasn't by me and that this is now a stolen check because I have been out of town due to my mothers death. I was asked to question the 2nd party on my account ( XXXX XXXX, my husband ) but unfortunately for PHH that was not an option because he's been out of town with me as well for my mother 's funeral / passing. I was then advised that an email was sent to me to show where check was cashed and to confirm signature which I never received. I asked to have this email resent to me and of course still nothing! At this point I feel like I'm going around in circles and would appreciate nipping this all in the bud. It's easy to nag me when a payment is due but I swear it's worse than pulling teeth to get what's owed to me! Please have this resolved immediately. Whatever check was originally sent was NOT cashed by myself or husband and any proof needed can be provided. Please have check reported as stolen and PLEASE send me my escrow refund, thank you!
Company Response:
State: FL
Zip: 32068
Submitted Via: Web
Date Sent: 2022-02-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Per the guidance of the Homeowners protection act. I mailed in the necessary request and payment to have my home appraised to remove PMI. I have made many improvements to my property after purchase, and its value has appreciated substantially. PHH mortgage is unwilling to honor my request to re-appraise, without any justification.
Company Response:
State: VA
Zip: 20110
Submitted Via: Web
Date Sent: 2022-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-18
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: XXXX filed a XXXX XXXX against my property at XXXX XXXX XXXX XXXX, XXXX, WI XXXX in XXXX. I have tried to obtain the XXXX XXXX documents in the amount of {$12000.00} submitted to HUD and according the XXXX documents XXXX not available. XXXX XXXX XXXX : Requested all XXXX lien documents XXXX XX/XX/XXXX. On XXXX, XXXX XXXX responded " we were servicing the first XXXX on the above referenced property and unable to locate any other accounts in our records. Please provide a copy of the title report showing the XXXX is outstanding. Also provide copies of recorded Mortgage and assignments and any payoff information you may have, such as a copy of payoff statement and/or the XXXX XXXX XXXX. HUD RESPONSE : On XX/XX/XXXX, I submitted a request to HUD and the response stated ... ..When using a XXXX Partial XXXX Option your Servicing Lender ( Servicer ) is required to prepare a Partial Claim promissory Note and subordinate Mortgage for your execution. The Servicer should provide you with a copy of the fully executed documents for your records. The executed Partial Claim subordinate Mortgage will be recorded and will result in a XXXX being placed against your property. If you can not locate your copy of the Partial Claim promissory Note or subordinate Mortgage you should contact your Servicer to request a copy of these documents. XXXX XXXXXXXX XXXX ; RE : XXXX. Action Required : XXXX Mortgage to provide the XXXX lien documents or contact HUD to XXXX documents of the XXXX lien. I would like it sent to XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX.
Company Response:
State: TX
Zip: 78240
Submitted Via: Web
Date Sent: 2022-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A