Date Received: 2021-02-20
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I, XXXX XXXX, the sole mortgage holder of loan # XXXX for property XXXX XXXX XXXX, XXXX, Ca XXXX that was recently being serviced under PHH Mortgage service but now been paid off by an unauthorized 3rd party without the consent or use from me of my personal usage of my information. PHH mortgage has not addressed nor resolved my prior complaints filed against them under FTC. My complaint against PHH Mortgage is they have continually given out my person information regarding my loan info. to a 3rd party unauthorized party. I was told by thier own representative on the customer service line in XX/XX/XXXX that an attorney XXXX XXXX that is not any attorney of mines contacted PHH Mortgage in XX/XX/XXXX requesting my payoff amount on my loan and I was told by Phh Mortgage representative that they did indeed give my payoff info to this unauthorized person that has no court order or consent of mines to get my payoff information. My question is why did phh mortgage give out my personal info once again to an unauthorized party? They continue to violate my rights of privacy and my own chapter XXXX bankruptcy of the debt that has been discharged back in XX/XX/XXXX under XXXX # XXXX and no one should be doing any service under my debt at this point without my consent. However, it came to my attention my debt was now paid off in full in XX/XX/XXXX by an unauthorized 3rd party without my consent or knowledge which was told to me by a phh representative in XX/XX/XXXX. So I spoke with an escalation manager in XXXX XXXX regarding this situation to return the {$200000.00} back to whom ever paid off my debt. I did not want my loan paid off due to tax purpose. Phh Mortgage stated they do not know who paid off the loan, it was wired to them but they would look into the matter and request all monies be returned. However it is a whole month later and no money has been returned. I keep getting the run around it has to go through different departments for approval and once this is done they will return the money to the sender. I have never gave consent for anyone to assume my loan and I did not refinance my loan or consent for anyone to use my personal info to refinance my debt that has already been discharged. If phh mortgage was not giving my personal info out to others in the first place this illegal transaction could not have been carried out. At this point, I do not feel phh mortgage has any intention to return money to unauthorized persons. I dont feel they wouldnt care if someone robbed a bank to pay off the debt, as long as they got their money. They certainly don't care about giving out my personal information and I am filing this complaint once again for FTC to look into their practice. What I want answer and resolved by phh mortgage which still has not been responded to is : 1. Have phh mortgage address why did they give out my payoff info to attorney XXXX XXXX without my authorization which they now trying to cover up happened and play XXXX? Although they rep told my by phone back in XX/XX/XXXX. and 2. When are they going to return the {$200000.00} back to the unauthorized 3rd party sender as they have stated to me? Once again, I did not give my consent for anyone to do anything with my loan. Not assume it nor refinance it. Imy debt had already been discharged and no one had a right to do anything under my loan without my consent or court order. 3. I'm requesting ftc take necessary steps to penalize this mortgage company for violating my rights to privacy and my own bankruptcy discharge.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-20
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: We received an appraisal through PHH Mortgage which we've paid for.. We found them very hard to work with do to the amount of paper work needed, so we decided to switch lenders or brokers. After many attempts of e-mailing, and our loan officer trying to contact PHH. they refuse to forward the appraisal.
Company Response:
State: UT
Zip: 84117
Submitted Via: Web
Date Sent: 2021-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-19
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: PHH Mortgage has deliberately withheld payoff amount for the 2nd time, delaying our ability to get out of their high interest loan and refinance with XXXX XXXX! They did this last year, and we complained then as well. At that time they did finally send payoff amount, but delayed until after 90 days so lender had to deny. We have all other documents, loan is ready to process again with XXXXXXXX XXXX, but after formal request legally binding PHH to send payoff within XXXX hours, they have delayed and have not yet sent the payoff. We need to get out of this 10.8 % interest mortgage. Please help us if you can!!
Company Response:
State: NE
Zip: 688XX
Submitted Via: Web
Date Sent: 2021-03-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-19
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: My divorce has been final and I sent what the court has giving me as the discharge documents which its just the one sheet and doesn't outline what the Mortgage company PHH has said. My Ex may have it but I don't have access to it. Please can you help?
Company Response:
State: PA
Zip: 19138
Submitted Via: Web
Date Sent: 2021-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-19
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I am needing a lien release of a loan we had with GMAC from XX/XX/XXXX-XX/XX/XXXX. We originally got the loan through XXXX XXXX XXXX on XX/XX/XXXX for the amount of {$130000.00}. The loan was service released within days to GMAC taking full ownership of the loan, while being serviced by HomeComings Financial LLC. While we were with GMAC/HomeComings, we got a modification with a principal reduction of {$48000.00}, giving us a new principal balance of {$87000.00} which GMAC processed the principal reduction internally then did a FHA refinance in the new amount of {$94000.00} ( included closing costs ) on XX/XX/XXXX. During this time GMAC did not process the lien release for the {$130000.00}, Deed of Trust recorded at XXXX County Recording No : Docket XXXX, Page XXXX. However, they did record a new Deed of Trust on XX/XX/XXXX at XXXX County Recording No : Docket XXXX page 2114. Once we refinanced again in XXXX, GMAC processed a lien release for the new modified loan in the amount of {$94000.00}. Since GMAC is out of business as of XXXX, I reached out to PHH Mortgage requesting a lien release, as Ocwen Loan Servicing, LLC parent company of PHH Mortgage took over/acquired GMAC. The response I received was that they have no records or did not acquire servicing rights for the subject loan as part of the aforementioned sale. Therefore, they are unable to assist. Which is why I am now filing a complaint and a request for a lien release from PHH Mortgage/Ocwen Loan Servicing, LLC. Due to the lien release not being recorded, I am unable to close on the sale of my property.
Company Response:
State: AZ
Zip: 85710
Submitted Via: Web
Date Sent: 2021-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX we entered into a forbearance plan for the months of XXXX, XXXX and XXXX. My mortgage company PHH Mortgage called me in or about XX/XX/XXXX. I was informed that the FHA insurance had been approved to cover the XXXX through XXXX amounts. I was told to resume my payments on XX/XX/XXXX. I paid my mortgage payment as agreed XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. During this time I received calls from PHH. In late XXXX PHH said that they did not receive documents from me. I told them I sent them in the self addressed stamped envelope. They sent new documents for me to resign which I did. I also had tracking placed on this return envelope. I talked to PHH again on XX/XX/XXXX at when I was told everything was in order again. Then as I began to make my XXXX payment it would not take my payment. I called on or about XX/XX/XXXX I was told the notary on the previous document was no good because the doc had my name as XXXX XXXX and I signed in front of the Notary as XXXX XXXX XXXX ( which is the name on my deed and how I have signed my name since I was 12 ). I sent up an appointment with a loan specialist on XX/XX/XXXX, I was told they would send a new packet for me to start over and that I would have to do another forbearance. So feeling like I might be in trouble I agreed. I never received another set of papers to start the FHA insurance claim again. They never arrived so on XX/XX/XXXX I called PHH again where the person told me they did not need to send paper he could do the claim over the phone. I did this and he told me to call back in about 10 days. I also discussed the fact that my credit report was reporting me 120 days late and I felt that this was bordering on negligence maybe even criminal. On XX/XX/XXXX I called PHH again to check on the claim. I was told it was still pending and they would have a relationship manager call me on the XXXX of XXXX at XXXX. They also said they had not addressed the credit reporting of my mortgage. This continues to go in circles, the left hand knows not what the right hand is doing at PHH. I am able to resume my payments but can not get anything straight from PHH. This is resulting in stress over my family home and a bad mark on my credit report. Maybe the CFPB can help to get them to resolve this matter and stop sending me from agent to agent to hear a different excuse and kick the can down the road.
Company Response:
State: AL
Zip: 363XX
Submitted Via: Web
Date Sent: 2021-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I live in California and have made my payments to PHH Mortgage Company. If my payment is going to be delayed within the 30 days mark I have always notified them. My niece was making a payment back in I believe in XX/XX/XXXX and out of the blue the representative said we have increased your mortgage payment. Mind you I have a fixed 30 year loan. I was never notified at all about an increase. The only increase I was aware of is when Trump increased it by {$100.00} ( and it should not have been ) and I had a few late fees I am aware of. It seems each time I talk to someone the storyline changes. I was told for months that I owe for the late fees and the amount I was owing was like {$150.00}. I feel like some where I am being taken advantage of and I am a senior citizen. My original house payment was {$1700.00} ( approximately ) and now I am paying {$2000.00} and something. How? Like I had mentioned the late fee and the {$100.00} increase I should be only paying. I was told this is my new payment due to increase in my property value and like I said they claim it has been since XX/XX/XXXX. I was not informed of such a thing until XX/XX/XXXX when my niece was making the mortgage payment. I made my mortgage payment by phone on XX/XX/XXXX and was charged a phone fee {$17.00} and was not informed. My niece was reviewing the payment confirmation and was like it seem like your payment is increasing. I need help because I don't like where this is headed.
Company Response:
State: CA
Zip: 90220
Submitted Via: Web
Date Sent: 2021-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I applied for modification in XX/XX/XXXX. Bankruptcy court did approve it. PHH still doesn't acknowledge it, and is reporting me late to Credit Bureau and trying to foreclose. I have emailed them multiple times, and most recently sent them info on XX/XX/XXXX. I am so frustrated. Can you help me?
Company Response:
State: TX
Zip: 754XX
Submitted Via: Web
Date Sent: 2021-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-17
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: Modification process stopped with lender ; foreclosure hanging over our head during covid 19 period No offer of forebearance Washington state has been shut down
Company Response:
State: WA
Zip: 98031
Submitted Via: Web
Date Sent: 2021-02-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-02-16
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: 11 years ago, me and my wife filed for bankruptcy, so our credit was not good at all. In the bankruptcy our previous home on XXXX XXXX XXXX XXXX. was included in the bankruptcy. Over the years at times, we could not afford our mortgage ( late payments etc ) and would have to modify them this was probably done three to four times in a 6-year stretch and each time that we Modified with OCWEN the payments where always put on the back of the loan. At any time, we could have walked away with nothing owed but we ( me and my wife ) maintained our home. In or around XXXX of XXXX we entered into yet another Modification with Owen Home loans this was the final time. During this time, the notary they sent out came to us at least five times to have us resign papers either the signature was wrong, or the calculation was wrong etc. This can be seen buy the Modification papers in section 3. Where it says, first modify payment will be due on XX/XX/XXXX. If you look at the time, we signed the last time it was XX/XX/XXXX. This was the same person ( notary ) each time. If you look at the modification papers you will see that the notary had us ( me and my wife ) initial each page including a couple of pages that she notarized without our signatures on them to verify that we agree to that page, she said that this was so that it indicates that we read and understood each page. Each page that has a signature has the notary signature and notary stamp as well. She had us sign a signature page to verify our signatures during the first visit also notice on the signature page that next to our names it says witness signature there is no witness making the signature page not valid. So, our modification went through in XX/XX/XXXX we continued with payments that started in XX/XX/XXXX maybe {$100.00} or {$200.00} less than before. I always thought since we went to a 4.00 % interest rate that and the payments, we were behind in went to the back of the loan, I never thought that OCWEN was getting a second loan out in our name because it never was told to us and it does not indicate this on any of the documents that we signed. I have Documents sent to me from OCWEN showing my modification. So, me and my wife had fixed our credit and at this point of our refi in XXXX of XXXX, 8 years since our bankruptcy and where able to finally refinance our home. So, on XX/XX/XXXX we refinanced our home. At this time that we refinanced our home this is when we first were told of the lean on our home that was taken from XXXX for {$39000.00} this was never brought to our attention and we were never made aware of this loan/lean prior to our lender telling us this. In XXXX our income was low, and our credit was not good enough to refinance this the whole purpose of re modifying our loan. So, you will see in the closing statement of my refinance Document that XXXX is on there in the amount of {$39000.00} you will also notice that it shows everything that We are paying off and how much is being financed, this does not show this anywhere in our modification. On the top of the third page on my OCWEN Modification it shows the breakdown of my new modification also note it never indicates the amount that was previously owed on the loan. You will see on My buyers closing statement that was obtained by XXXX XXXX showing the balanced owed. After I refinanced, I requested the documents that they said I signed. If you look at the documents not one of the pages have been initialed by either of us including the notary page like they were on the Modification documents, none of the pages are numbered, there is a signature page that was added but this was used by the notary to verify our signatures and we were told thats all it would be used for, it was never used in our modification papers, there are no dates by our signatures showing when it was signed like the where in the modification paperwork, the notary page does not have our initials like it does on the Modification paperwork. I understand about companies inquire loans to offset modifications but what is not legal here is the fact that OCWEN obtained a loan in mine and my wifes name without our knowledge. There is nothing in the Modification paperwork that shows that this amount was offset to XXXX. There is nothing in any of the paperwork that shows that we signed for it. The notary is in the wrong as well providing a signature document that was to be used for verification and throwing it in to loan documents to obtain a loan. I believe that this was done illegally and that this violated mine and my wifes rights. This would be like me getting someones signature and social security number and getting a loan without their permission. JUST BECAUSE ITS A Mortgage company does not give them legal rights to do cause fraud or to break any laws. Even if you buy a car and you trade your old one in the amount is shown as a credit on your loan paperwork. I do understand that modification is less paperwork than refinancing or even buying a home but like my current home I have a lean on it, but I know about it and it is in my paperwork ( it was down payment assistance through my lender ) Thank You, XXXX XXXX XXXX Cell XXXX Work Cell XXXX XXXX XXXX
Company Response:
State: CO
Zip: 800XX
Submitted Via: Web
Date Sent: 2021-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A