Date Received: 2021-01-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Nearly three weeks from today, my nephew and I contacted PHH Mortgage Corporation ( " PHH '' ) to initiate a short sale of my property located at XXXX XXXX XXXX, XXXX, NJ XXXX for which I became owner together with my late husband XXXX XXXX XXXX ( " Mr. XXXX '' ) ( died XX/XX/XXXX ) in the year of XXXX by deed taken as husband and wife pursuant to New Jersey law for tenancy by entirety under N.J.S.A. 46:3-17.2 as displayed within Exhibit A. PHH, however, refused to forward me the necessary documents to initiate a short sale by declaring that I had to, first, be granted authority to speak about the account associated with the predatory refinance transaction originated by XXXX XXXXXXXX XXXX XXXXXXXX on XX/XX/XXXX with Mr. XXXX executing the note instrument as the sole obligor, and we both executed the security instrument a/k/a mortgage with even date. See Exhibit B for the mortgage instrument signed by both my late husband and myself on XX/XX/XXXX. PHH indicated the required documentation that I needed to execute in order to be consider by PHH to speak about the subject account would be forwarded to me within 7 - 10 business days which have since come and gone, and I have yet to receive the necessary documentation that I requested. I believe the tactics of PHH, refusing to speak with me about the subject account and a short sale prior to executing authorization documents ( that I have yet to receive ), when PHH knows ( or should know ) that I am authorized to speak about the subject account for which PHH 's predecessor Litton Loan Servicing LP ( " Litton Loan '' ) acknowledged by rights to the subject property upon : ( 1 ) commencing foreclosure against me and my husband ( on the same day Mr. XXXX died ) on XX/XX/XXXX as owners of the subject property as displayed in Exhibit C ; ( 2 ) offering me a modification effective XXXX XXXX as displayed within Exhibit D ; ( 3 ) taking from me and cashing approximately {$16000.00} in payments from XXXX XXXX through XX/XX/XXXX as displayed within Exhibit E ; and ( 4 ) addressing me in communications dated in XX/XX/XXXX through XX/XX/XXXX regarding the subject account as displayed within Exhibit F. Furthermore, PHH is now treating me as if I have no rights and / or ownership of the subject property, and no right to speak about the subject account despite : ( 1 ) commencing new foreclosure proceedings against me in XX/XX/XXXX as an owner of the subject property and executor of the foregoing refinance mortgage on XX/XX/XXXX as displayed within Exhibit G ; and ( 2 ) procuring final judgment against me in XX/XX/XXXX as an owner of the subject property and executor of the foregoing mortgage as displayed within Exhibit H.
Company Response:
State: NJ
Zip: 08046
Submitted Via: Web
Date Sent: 2021-01-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: STATEMENT OF FACTS : On XX/XX/XXXX my wife and I bought the property at XXXX XXXX XXXX XXXX, XXXX XXXX TX XXXX as an investment property. From the date of purchase to the present time, we have been paying the mortgage, interest, taxes and insurance XXXX XXXX XXXX. At first, our mortgage payments were being made to GMAC, our original mortgage company. In XXXX, we received a letter instructing us to start sending our mortgage payments to Ocwen Loan Servicing, which we did. Then in 2019, we again received a letter with instructions to send our mortgage payments to PHH Mortgage Services, which is our current mortgage servicing company. We just recently learned that GMAC sold our loan to Ocwen effective XX/XX/XXXX, and Ocwen merged with PHH on XX/XX/XXXX, which resulted in PHH Mortgage Services becoming our current loan servicing company. On XX/XX/XXXX, we signed a Real Estate Listing Agreement with a Realtor who immediately proceeded to market the property. We immediately received many offers. In the meantime, the Title Company started to look into the deed records, and on XX/XX/XXXX, we were informed that we could not sell the property as we " did not own the property ''. The records showed title was in the name of XXXX XXXX XXXX XXXX XXXX XXXX, not in our name, and that there was a record of foreclosure in XXXX. Our records indicate that this foreclosure action was cancelled when payment was made to GMAC on XX/XX/XXXX prior to the trustees sale. GMAC confirmed receipt of the XXXX on the same day, and we were assured that the default was cured. Shortly after being notified by the title company about the ownership issue, we immediately contacted our current mortgage servicing company ( PHH ) and asked for clarification. We were told that no action was necessary because it was normal for title to be in the name of the Investor, in this case XXXX XXXX XXXX XXXX XXXX XXXX, and that title would not transfer to our name until the loan was fully paid. We disagreed since this is the first time we are hearing this, after having sold a number of properties ourselves in the past. Additionally, the title company was certain that the title had to be in our name before we could proceed with the sale. We were also told by PHH that there was nothing that would prevent us from selling the property the way the records were showing, i.e., without correcting the ownership on record. We asked for copies of the Deed and the Note associated with the property, and the copies we received were the ones we signed when we purchased the property in XX/XX/XXXX. Further, we did a search at the XXXX XXXX XXXX Clerk 's Office for any record of foreclosure for the subject property in XXXX, and none was found. For months we expressed our concerns, spoke with three different PHH representatives, had 3-way telecons with PHH and Texas Title, were told they were doing the research, were told they were verifying the records to dismiss the erroneous entry, were told we could go ahead with the sales process, only to be told later that we could not. Finally, the most recent communication we received was an email from PHH dated XX/XX/XXXX stating that they were taking legal action which was creating a delay. There was no mention as to who they were taking legal action against, but advised us that it could take up to another 60 days.
Company Response:
State: CA
Zip: 94803
Submitted Via: Web
Date Sent: 2021-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We are being held finacially hostage in an endless cycle of lost paperwork and always-expanding timelines. I've tried reaching out and asking for management assistance, but I never received a response via email or phone regarding this. XXXX XXXX - Reached out to mortgage company regarding release of liability process and requested paperwork. End of XXXX, early XXXX - Still hadn't received paperwork, contacted again, was informed request never submitted. Called several more times, paperwork showed up few weeks later. XX/XX/XXXX - Packet is placed in the mail using their provided, self addressed and stamped envelope XX/XX/XXXX to XXXX - Called to check on packet status, get update. Was informed our file didn't exist. Asked for management and help in locating our paperwork. We were informed they had lost our packet. Management would not escalate, return phone calls, or tell me how to submit the paperwork again. XX/XX/XXXX - found an email on my own, sent them an email regarding the packet, asked for confirmation it was received. I receive confirmation. XX/XX/XXXX to XXXX - emailed several times regarding packet and information they said was missing. I received an out of office response for my main point of contact but to contact a second email with questions. I contact the second email plus my original contact as well as call customer service again to escalate, but receive no response. XX/XX/XXXX - I finally received confirmation our packed was completed, placing us 12 days behind XX/XX/XXXX - reach out about status, get a response that says they're working on it but can't say when they'll be done. XX/XX/XXXX - email again for update. They say the same, they're working on it but can't say where it's at in the process.i point out that there has already been several delays and demand an estimate on how long it'll be. They're response was another 6 to 12 weeks. XX/XX/XXXX - more emails are exchanged, I ask for management, they still refuse to give me someone that can help or address the situation. I called customer service again and they say all they can do is send a message to my contact and that's it. There's nobody else they can contact.
Company Response:
State: OH
Zip: 454XX
Submitted Via: Web
Date Sent: 2021-01-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: To whom it may concern, We are writing this letter in response to the trial modification that has been proposed. Based on the information given with the calculations in place this file should have been considered quite differently. We have not as of this day, received an explanation as to how the calculations have been calculated. The income Gross total is {$12000.00} the total Net income is {$12000.00}. The total PITI payment on this loan is {$7900.00} which gives us a HTI of 65 %. The question remains, how are we supposed to make a payment that is more than the current only to increase the HTI to a high 70 %. ( Please see submission with Loan Restructure Proposal attachment ) We feel as if they have been bullied into accepting the trial modification for fear of losing their home to foreclosure. We have lost a considerable amount of income due to Covid19 when we had to close their business. The business is still not on track and not producing the income to support more than what is being made to put back into the business to keep the doors open. At this time we are requesting the calculations that the underwriter used to calculate this trial agreement. In addition, the property evaluation came in at between $ XXXX {$910000.00} ( please see XXXX attachment ) the surrounding homes in the comps are distinctly less Valued. We are concerned that the evaluation was wrongfully appraised for the lenders benefit. Please review the attached documents showing the actual income and DTI/HTI. We are looking for explanations that allow for a 2nd look at the numbers that were calculate and come to a more favorable resolution.
Company Response:
State: IL
Zip: 60015
Submitted Via: Web
Date Sent: 2021-02-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Since the start of the loan our payments have been all over the map. Some {$650.00} and some {$1300.00}. The final truth in lending presented that helped make the decision to get the loan offered a set amount finance charges being broke into a set number of payments each for specific dollar amount. 24 payments of XXXX. 335 payments of XXXX and 1 payment of XXXX. It was not marked as being an adjustable interest rate. This was a refinance loan. The lender paid a total of {$80000.00} which included the closing cost and broker fee of XXXX. The first statement we received in the mail said balance of {$95000.00}!!!! And it came 21 days after closing so we could not cancel the transaction.. The copy we have it is not marked adjustable. We have our taxes and insurance being paid from an escrow account controlled by the servicer which is included in our payments every month. We received a notice saying they had audited our escrow account and it had a shortage even though they determined how much was needed monthly. None the less we made the higher payments as requested to cover the shortage. Our insurance was XXXX anually and taxes XXXX anually. So when after paying XXXX monthly for a year and being told again there was a shortage which would require over XXXX to be placed in escrow resulting in $ XXXX balance in escrow account .and being told that what was supposed to be 5.5 interest rate now being 9.65 % our payments skyrocketed. Repeatedly i asked how there was a shortage. Never given an explanation which made sense. And when asked why our interest rate changed they said thats what we signed in agreement to. This has been a nightmare.The abuse we have suffered at the hands of various servicers is unbearable. PHH being the most recent. After ocwen ran us into the ground one final time by randomly charging XXXX for title search on top of our payment then phh took over. We are at their mercy. Companies involved are XXXX XXXX ( broker ) Option One ( lender ) XXXX XXXX XXXX ( trustee even though it was not a trust deed and there was no trustee named ) XXXX XXXX XXXX XXXX, Ocwen and PHH XXXX XXXX
Company Response:
State: IN
Zip: 467XX
Submitted Via: Web
Date Sent: 2021-01-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Let me start by saying I have had nothing but problem with this servicing company. This is my second complaint with you agency with this company. The servicing company XXXX XXXX issued my a refund of my escrow account once they finally analyzed the account after payoff. They issued a check in the amount of {$3500.00} which I deposited into my saving account on XX/XX/XXXX. On XX/XX/XXXX the check was not cleared a stop payment was placed on check and I was charged {$15.00} by my bank. I have made several calls and sent email asking for clarification and reimbursement. I have been told that they do not see where the check was stopped. Therefore, I am asking for your assistance in getting to the bottom of this. I constantly have to struggle with this company with they wrongful doing. These funds are needed in order to pay my property taxes. Thanks
Company Response: Company believes complaint is the result of an isolated error
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2021-01-27
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH mortgage took over from its parent company Ocwen and I have been struggling with this financial institution representing XXXX XXXX since I managed to obtain a loan modification package granted in XXXX. I have proof that they make it impossible to cure default and are drowning us in fraudulent fees that I have investigated as fake such as {$910.00} title insurance with XXXX XXXX XXXX trust escrow which does not Exist when I contacted the telephone info goes back to the parent company itself. In XX/XX/XXXX a statement for the amount required to cure default was requested and the amount of funds was transferred which totaled {$20000.00} but they took over {$10000.00} in fees and did not cure the default but rather claimed another {$12000.00} was due by XXXX. I had no choice but to file chapter XXXX and that did not work either. They managed to file papers with the court during the pandemic requesting more than double monthly payments {$5000.00} per month for a {$2000.00} mortgage and the amount {$30000.00} was sent and they still sent a notice of default
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91911
Submitted Via: Web
Date Sent: 2021-01-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-27
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH provided a IRS 1098 form that is incorrect in multiple respects. The total amount of mortgage interest paid in XXXX is wrong - the company applied XX/XX/XXXX payment to XX/XX/XXXX instead of showing the payment made on the last day of the year. Also, the IRS 1098 form has an incorrect " Origination Date, '' reflecting a date in XXXX when the original date of the mortgage was in XX/XX/XXXX. These errors reflect sloppy accounting practices, and I am worried about how PHH is conducting its business. When I telephoned, the company I was able to speak to a manager who is in XXXX. The erroneous IRS 1098 form has large tax consequences for me.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91364
Submitted Via: Web
Date Sent: 2021-01-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-26
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I closed on my loan late XX/XX/XXXX/XX/XX/XXXXas part of refinance. I had several thousands in escrow that PHH was supposed to send me a check for. After contacting the company in XXXX about the check they said they will verify that the check wasn't cashed and reissued. I never received any follow up or check. In early XX/XX/XXXX I contacted PHH again and found out that the check was cashed. I was shocked that this wasn't escalated for fraud considering I contacted them in XXXX but nothing was done. This got escalated to fraud department at PHH. Also escalated to a manager whom promised good follow up and resolution. It's now over 2 weeks and I still have not received a resolution. I contacted PHH again today XX/XX/XXXX, was informed by a manager that this is a complicated matter and she hasn't seen this happen again. Again very surprised that most basic case of fraud ( cashing a check ) is something the manager of fraud department considered as difficult and unusual. She also told me that they only have 30 min for research and the rest of the day have to be available for inbound calls. I am so very frustrated and disappointed that this fraud is being ignored and proper urgency is not taken. Pulling a cashed check is a matter of min and if the agents don't have time to do investigations it speaks volumes of what PHH is focused on ... debt collecting.
Company Response:
State: IL
Zip: 605XX
Submitted Via: Web
Date Sent: 2021-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-22
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: On XX/XX/XXXX, I noticed that PHH Mortgage Services reported that my mortgage loan increased by {$98.00}, causing my credit score to drop 30 points on XXXX and 31 points on XXXX. The loan amount that was reported on my credit reports was {$57000.00}. The correct amount according to XX/XX/XXXX 's PHH Mortgage Services Statement is {$57000.00}. On XX/XX/XXXX, I submitted a dispute to XXXX, XXXX, and XXXX to reach out to PHH and investigate the issue. On XX/XX/XXXX, XXXX concluded that PHH reported the loan amount to be accurate. And on XX/XX/XXXX, Transunion concluded that PHH. The dispute for XXXX is pending. The incorrect balance is still on my credit reports for XXXX and XXXX, and the issue has not been rectified.
Company Response:
State: FL
Zip: 34759
Submitted Via: Web
Date Sent: 2021-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A