Date Received: 2021-09-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am disputing a fraudulent transaction on my XX/XX/XXXX mortgage statement from PHH Mortgage Services. On the statement there is a fraudulent charge for {$3400.00} for " Expenses '' that must be reversed. The Loan Modification was negotiated and executed on XX/XX/XXXX with and effective date of XX/XX/XXXX. The Loan Modification contract governs. If PHH Mortgage neglected to capitalize their " expenses '' during the negotiations that is their mistake and THEIR responsibility, not mine. PHH Mortgage does not have standing and can not now 8 months after the fact fraudulently charge me {$3400.00}. I attempted to resolve this issue with PHH Mortgage with my letter sent to them on XX/XX/XXXX. In their response dated XX/XX/XXXX they clearly LIED and said the Loan was modified on XX/XX/XXXX. Lies and deception that all. The executed Loan Modification and it's payment schedule govern and this fraudulent expense charge MUST be removed.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 10704
Submitted Via: Web
Date Sent: 2021-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX Mortgage Help/complaint When Covid lockdown started I liked everyone else was out of work and needed mortgage help. I applied for a deferment for my loan with my company PHH and asked that 6 months be placed at the back of my loan because I would be out of work due to quarantine. My lender said no problem sent me the forms out, telling me the spots Id need to fill out. I did as directed on the phone, submitted the paperwork and was told Id have a Phone appointment with a supervisor to process my request. That next phone appointment I was told via the my paper work was missing a date, and that Id need to resubmit all of the paperwork and then get another Phone appointment, i asked for a supervisor, explained I just needed the 6 mo of reliefs and that I was soon heading back to work. They still made me resubmit the paperwork for a date. At that time I also tried to make a full mortgage payment, when they told me would be accepted. A week later it was returned to my bank. I refilled out the paperwork out, made sure all the dates had been filled in, and waited for another Phone appointment to get the deferment applied to my account. At that next phone appointment I was told I missed the XXXX in my middle name and that I would need to resubmit the paper work, at that time I explained Its now 6 months, Im heading back to work and that I didnt need more time I just needed that 6 months moved to the back of my loan, and My ability to make payments reinstated. I was told they wouldnt be able to take any payment with out the deferment being processed and that Id now need to apply for another 6 month extension because I didnt finish the paper work as expected. I asked for a supervisor, was told that they didnt have one. Was told Id need to redo the paper work, at that time I sat in the phone for an hour with the process person, filling out each area with this person on the phone with me. At that time I was set up with another phone appointment promised that this time it would all be handled, that my paperwork was complete. They ended up saying that I had missed my social security number In the paperwork which was clearly filled out In the paperwork I had in my hand. At that time they started booking phone appointments for weekends and not even calling at the appointment time, but emailing me to say I had missed it when I hadnt, i again tried to make a mortgage payment and had it again returned. After dozens of meaningless/ waste of time appointments im over it and need to fix this asap.. they're obviously delaying this whole process on purpose so that I can loose my house.. please help.. thanks in advance XXXX XXXX XXXX XXXX PHH MORTGAGE My Email XXXX My address XXXX XXXX XXXX XXXX CA XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94531
Submitted Via: Web
Date Sent: 2021-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-27
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: We have two mortgages on our house, both originated when we got our house. Both my husband and I had not great credit at the time, now have mid 600 's for a credit score. The larger mortgage is a 30-year mortgage, with an interest rate of 6.9 %, the other is an interest-only loan with an interest rate of 11.49 % that we didn't realize had a balloon/final payment after 15 years. Both mortgages originated with XXXX, then were transferred to Ocwen, and we now have PHH. We have tried a couple of times to refinance our house but because of the horrible interest rates, we can never get far enough ahead for anyone to consider us. We have consistently paid 15 years on the smaller mortgage, paying in {$63000.00} on a loan that was originally {$30000.00}. The most recent payoff total for this loan is {$30000.00}, which means we have fallen behind {$210.00} after making 15 year 's worth of payments. I sent a message twice to PHH asking what our options are if we can't make this balloon payment, and both times I didn't receive an answer. On the larger loan which was originally {$130000.00}, we have paid in over {$250000.00} and the approximate balance is {$120000.00}. So between the two loans we have paid in over {$300000.00} in just 15 years for an original amount of {$160000.00} between the two mortgages.
Company Response:
State: MN
Zip: 553XX
Submitted Via: Web
Date Sent: 2021-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-26
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I filed a dispute with the incorrect items on my credit report. It's been well over 30 days and I Haven't received any investigation results.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IN
Zip: 46214
Submitted Via: Web
Date Sent: 2021-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-26
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Our mortgage history : We filed for Bankruptcy ( BK ) to save our home from Foreclosure XXXX as advised by XXXX ( XXXX XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX ( trustee and investor of IndyMac Bank now XXXX XXXX XXXX ) filed Relief from Stay. The BK Judge noted that our loan has a defective note for the fact that the loan was only under my husband 's name and only his signatures were on the loan docs. The property was our primary residence and was recorded under our names as husband and wife, joint tenancy ( we were married XXXX ). Ocwen Loan Servicing , LLC ( who is the servicing company of IndyMac Bank/XXXX XXXX XXXX ) just sent us a notice dated XX/XX/XXXX saying they will foreclose our property in 30 days. We tried to apply for loan modification which they offered us, before we filed for BK but we were denied after they required us to send a money order of the new monthly payment {$1600.00} with our loan modification application ( we have copies of their offer and the payment we sent ). Our payment went up to {$3200.00}. We can't afford that kind of monthly payment. At that time, we were both still working. My husband is retired now ( he's XXXX yrs. old ) and I stopped working XXXX XXXX. I was on XXXX from XXXX XXXX to XXXX XXXX. I have 5 XXXX XXXX, have other medical problems We were denied of the loan modification. They gave us false Hope! We have to admit, we were ignorant and naive about the rules/laws or clueless and unsuspecting of any violation committed due to our lack of understanding ( XXXX is not our first language ) .I remember, the loan papers were just brought by a notary person to our residence. Since she was not a loan officer, there was no explanation about the loan or documents. She just verified the identification and took the signatures needed from my husband. I just learned that this is considered as a predatory loan besides the homestead code violation. It is my understanding that imposing unfair and abusive loan terms on borrowers, often through aggressive sales tactics, taking advantage of a borrower 's lack of understanding of complicated transactions is an outright deception. Another legal argument of our BK lawyer with the bank lawyer to oppose the Motion for Relief from Stay was : A community estate and a joint tenancy between a spouses can not exist at the same time in the same property. The reasoning was that the unity of interest was lacking between husband and wife, because at that time ( XXXX ) only husband and wife had exclusive equal rights of management and control. In a join tenancy, the right of survivorship precludes the community property ( California Probate Code XXXX ) Where a true joint tenancy between husband and wife exists the interest of each precludes the community should be their separate property Post marital creditors of one spouse share of a true joint tenancy ( California Family XXXX ) Regardless of the state of the title property must be either one or the other. It can not be both.When spouses take title of a joint tenancy, each spouse holds his or her own interest as separate property under California law if the community property presumption is overcome ( XXXX. The BK Judge even said, that the mortgage loan is defective ( I have a certified copy of the hearing transcrpt if needed ). This is only partial of the our situation/experience with IndyMac/XXXX XXXX XXXX . Ocwen is the Servicer but XXXX XXXX is the trustee who filed a Judicial Foreclose against my husband on XXXX. In this lawsuit XXXX ( see attached copy of their case where they admitted that the Deed of Trust was mistakenly not recorded. Also they stated that they were unable to locate and obtain an assignment transferring interest as encumbered by the Deed of Trust. Thefore a break in the chain of assignments has occurred. They admitted that the Deed of Trust was Mistakenly not recorded. Also they stated that they were unable to locate and obtain an assignment transferring interest as encumbered by the Deed of Trust directly to XXXX ( the bank ) therefore has a break in the chain of assignments has occurred and the bank must request a Judicial determination of the Court to foreclose our property, XXXX XXXX ( the original loan holder ) has ceased operations & no longer in business. As a defunct ntity with no employees, there is no one remaining capable of executing an assignment. The bank is informed and believes and alleged that as a result of an unrecorded and missing assignment, a break in the recorded chain of assignment exist The bank and the foreclosure trustee may not be able to conduct a non-judicial foreclosure sale and the bank must request a Judicial determination of the Court to foreclose this subject property, Loan Experts ( the original loan holder ) has ceased operations and no longer in business. As a defunct they admitted that the Deed of Trust to the Plaintiff was Mistakenly not recorded. Also they stated that they were unable to locate and obtain an assignment transferring interest as encumbered by the Deed of Trust directly to Plaintiff ( XXXX ), therefore a break in the chain of assignments has occurred and Plaintiff must request a Judicial determination of the Court to foreclose this subject property, Loan Experts ( the original loan holder ) has ceased operations and no longer in business. As a defunct entity with no employees, there is no one remaining capable of executing an executing an assignment. XXXX is informed and believes and alleged that as result of the unrecorded and missing assignment, a break in the recorded chain of assignment exists. The bank and the foreclosure trustee may not be able to conduct a non-judicial foreclosure. This case was withdrawn by XXXX XXXX but on XX/XX/XXXX, they did a Non Judicial Foreclosure on our property. We are still occupying the property because we have nowhere to go but we fear and very scared that we might be forced to leave anytime.We might get evicted anytime specially if the eviction hold ends this end of XXXX ( if not extended ). We are seniors and with housing crisis in the bay srea, we might end up in the streets. We are not trying to get this property for free but if they can give us a loan modification with the low interest with the {$500000.00} bad loan they gave us before, maybe we can still save the property. My son is willing to help us pay some monthly mortgage payment. We are on fixed income ( SS pension ). Maybe we can sell the property and they can just get the 1/2 interest value of my husband since the loan was under his name only ( I dont have any signature on the mortgage loan ). I assumed, they can not legally transfer the Deed of the property since they dont have unrecorded and missing /void assignments ( as they admitted ) plus I have my name in the original Deed of Trust.They violated my rights as a spouse who have 1/2 interest in the property ( as a joint tenancy ). We filed for Wrongful Foreclosure ( after the Non-Judicial Foreclosure on XXXX XXXX ) but it did never went to Trial. It was Demurred because they alleged that I signed a waiver or assigned the property to my husband married man, as sole and separate property. I denied this allegation. Who in a right mind will sign something like this? They have high caliver lawyers while we can only afford to maintain a lawyer but just a pro bono services ( we pay only what they do to us ). Our case was mishandled. If they want, we can sell the property but only the 1/2 value can go to them. The 1/2 value goes to the spouse since this is a joint tenancy. Whatever remedy you think is fair and right, please help us negotiate with the bank. They have a history of unfair practices and mortgage fraud ( I have articles that proves the allegations ) See attachments ) Can I fax or send the attachment separately via email? I have pages of documents to send. Can u give me your email please? I am not good in sending attachment. Sorry Thanks so much. Mrs XXXX XXXX
Company Response:
State: CA
Zip: 95136
Submitted Via: Web
Date Sent: 2021-10-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-26
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I have over the last 4 months been working with my current mortgage company ( see attached ) to refinance my loan to receive lower interest rate and lower my monthly payments due to Covid - 19 pandemic impacts on my needing help so as not to loose my home. I loan was denied and was not fairly explained I have reached out to them on several occasions with no response.
Company Response:
State: NY
Zip: 10466
Submitted Via: Web
Date Sent: 2021-10-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-26
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: In XXXX I applied for a modification of my mortgage for two reasons. I was divorced and needed to remove my ex-wife name from the loan and I needed assistance with a lower mortgage payment. When I contacted Ocwen, I notified them of what was needed per the court order. The informed me to send in my divorce decree in which I did. Once they received the documents and reviewed them, I was approved for the modification. The modification documents were sent to me in the mail and I was the only person to sign the new loan documents. In XXXX my loan was transferred to PHH Mortgage and the payoff/transfer showed on my ex-wife credit which alerted me to her name still attached to my mortgage. I contacted PHH and they are telling me that the modification did not remove her from the debt. The main reason for the modification was because of the divorce and I was told her name would not be attached. I am now being asked to sale the house because I could possibly be in violation of a court order in which I did what I was supposed to do. I just need the mortgage company to make me the only guarantee on the loan and remove her name. With her name on the account, she has access to ask any questions and review any documents at this time. I have not been able to resolve this after several conversations with people overseas.
Company Response:
State: GA
Zip: 30014
Submitted Via: Web
Date Sent: 2021-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This is a fairly new refinance loan. ( approximately 3 months ). The first payment we made to our previous mortgage company, XXXX XXXX, which they forwarded and that payment was made. Second payment, we wrote check for {$1500.00} and the new mortgage company, PHH Mortgage, processed it for {$1500.00}. We checked with our bank and they have received the {$1500.00} and we have tried to get the {$80.00} ( {$79.00} ) we rounded it to {$80.00}. They are making it difficult to pay these monies, and are now saying we are behind the one entire payment. Our bank has also disputed this with them because they have indeed been paid {$1500.00}. Therefore, we will be sending the {$79.00} in a check because they won't allow us to pay online! We just want our payments processed correctly, on time, and not to penalize us with late fees or poor credit, because of their errors! Please help us with this unfortunate problem.
Company Response:
State: CA
Zip: 93720
Submitted Via: Web
Date Sent: 2021-09-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage has transferred from XXXX to PHH Mortgage servicing and they have not recorded my XXXX payment. I tried working this out with both companies and neither of them are understanding and/or resolving the issue. I attempted to make XXXX pmt on XX/XX/2021 before my loan transferred to the new servicer ( PHH ). My bank returned the payment because they froze my account pending updated info required per the patriot act. I thought I had this resolved when I visited a branch, however, they missed additional info regarding my daughter who is on my account & put my account on freeze. I tried to explain this to XXXX prior to transferring the loan to let them know. They did not listen or care. The loan got transferred and the new company is trying to charge me for XXXX because of the returned payment which was supposed to be an XXXX payment. They are not giving me credit for my XXXX payment which I made on XXXX XXXX. I need this resolved asap to avoid derogatory info on my credit report.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 210XX
Submitted Via: Web
Date Sent: 2021-09-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: For those who don't know, PHH Mortgage is one in the same as fraudulent Ocwen Loan services. For years we have been trying to retain our property to no avail. We have heard every excuse on this planet from Ocwen and PHH as to why they couldn't approve the loan modification. PHH claims that the account arrears are to large for alone modification. If the consumer financial Protection would review the HAMP guidelines and the XXXX XXXX protocol for loan mod 's, you'll find that arrears what ever they are is irrelevant for a loan modification because that's where forbearance comes in depending on the appraisal value. I am attaching a copy of the RMA and other financials for you're review. Our combined monthly income is {$5800.00}. We clearly qualify for the XXXX XXXX standard loan modification. We are asking PHH to STOP the nonsense and the Unfair Business Practices before we filed a complaint for the XXXX district Federal Court. We also have extensive proof that PHH have engaged in fraud in connection with the foreclosure action and matter should be brought up to the XXXX District Court of Florida. We will file a separate complaint in regards to the fraudulent foreclosure complaint and how Ocwen and PHH was involved.
Company Response:
State: FL
Zip: 33144
Submitted Via: Web
Date Sent: 2021-09-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A