Date Received: 2021-01-15
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Ocwen mortgage was recently taken over by PHH mortgage on XX/XX/XXXX ... and unfortunately, our previous mortgage company sold our account to them. XXXX has been rough on many people..us included. In the early part of XXXX PHH Mortgage, formally known as Ocwen, sent us a refund check for an overpayment of our escrow account. Because we are grieving a loss of a teenage child, we weren't opening our mail consistently. Our bill payments and such were just on autopay and basically, we were dialing it in while we mourned. We finally got around to opening our mail and saw the check and attempted to cash our refund check on XXXX XXXX XXXX. PHH Mortgage, formally known as Ocwen refused to honor the check on XX/XX/XXXX and we received a chargeback from our bank due to the date being stale-dated and returned. I phoned PHH Mortgage to have them resend the check. I have phoned them once a week for 3 weeks, and they still have not re-issued my overpayment check. The first time I called, was on XX/XX/XXXX. The customer service agent claimed she had all the information she needed after I gave her the returned check number and date. A week goes by and I call back on XX/XX/XXXX. The check still has not been sent out. This time, the customer service agent who assisted me, stated that the previous customer service agent did not put the date on the check ... The third call was today, XX/XX/XXXX. This time the customer service agent that answered said the check was not reissued because it had already been cashed! The call was escalated to XXXX ( customer service ID XXXX ). After the call, I contacted XXXX XXXX XXXX who verified that Ocwen or PHH Mortgage would have been notified that the check had NOT been paid and had been returned. On XX/XX/XXXX, I also filed a complaint with the XXXX of New Jersey against PHH. On XX/XX/XXXX at XXXX 's request ( the escalation manager at PHH XXXX ) I sent a letter that XXXX XXXX XXXX sent us in regards to the returned, stale-dated check. On XX/XX/XXXX I called to follow up since PHH failed to inform me if they had indeed received the XXXX XXXX XXXX documents XXXX ( XXXX ) requested. I was told they had. On XX/XX/XXXX XXXX ( XXXX ) called to tell me that the escrow check would be reissued and some time the week of XX/XX/XXXX. On XX/XX/XXXX, PHH sent a secure email to state that the escrow check would not be re-issued because it had been cashed ... all despite having received documentation from XXXX XXXX XXXX on XX/XX/XXXX. I have attached XXXX XXXX XXXX documentation as well as the XX/XX/XXXX PHH message that denies the request to reissue the check.
Company Response:
State: TX
Zip: 77429
Submitted Via: Web
Date Sent: 2021-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-14
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: PHH Mortgage Services is reporting me late on XX/XX/20 through XXXX and I was not late. Due to the unforeseen circumstances surround the pandemic of Covid-19 I was severely financially impacted. I worked with PHH Mortgage Service through this and they knew about my situation. We decided that the best course of action would be to put my mortgage in deferment. However, I recently checked my credit and noticed that they have been reporting me late when I was specifically told that they would not report me late or file any negative marks on my credit. This is extremely disappointing as I trusted this company to help me out in a time of need. I ask they please remove the lates from my credit file. If I knew I would be receiving late notations on credit I would have come up with a different plan. Also under the federal mandate and CARE act late notations can not be filed during the Covid 19 pandemic. I am very disappointed and want to get this sorted.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: UT
Zip: 84005
Submitted Via: Web
Date Sent: 2021-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Due to COVID Financial hardship, on or about XX/XX/XXXX, I applied and was approved by PHH for a 180 day forbearance as provided by the CARES ACT. I have attached a copy of PHH website page which contained the forbearance option along with the form. Still having financial hardship due to COVID and under the CARES ACT, I submitted an 180 days forbearance extension to which PHH denied my extension request - without any detailed written explanation as called out by Tenant, Homeowner & Small Landlord Relief and Stabilization Act of XXXX ( AB 3088 ) nor was I given my right to an appeal of said denial as called out by AB 3088. Instead I was thrown into a foreclosure trustee 's sale date of XX/XX/XXXX - the most darkest time of pandemic. PHH 's action will cause me and my family irreparable harm as if XX/XX/XXXX happens we will be homeless and exposed a to COVID related hospitalization and possible death. Pursuant to the extended California Homeowners Bill of Rights, I was never by PHH contacted to discuss possible foreclosure alternatives. PHH has continued to act above the law and trample by legal rights as a homeowner. In addition to the above listed unlawful activities, PHH as also violated state law and committed unfair and deceptive practices by charging me for unnecessary fees and overpriced force placed property insurance. Charging inflated and duplicative fees and not responding to fee disputes and/or a written accounting.
Company Response:
State: CA
Zip: 92692
Submitted Via: Web
Date Sent: 2021-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Hello and thank you for your assistance. This is my 3rd complaint filed with PHH Mortgage, as they continue to misapply my mortgage payments. I have not yet received any response from my second complaint filed in XX/XX/2020. I have had phone contact with PHH representatives in attempts to verify that payments are properly applied. They seem unable/unwilling to correct the problem. In summary, my monthly payment is being applied to " principal only '', which is a misapplication and has resulted already in one late fee ( later reversed when I contacted them ). This company is impossible to deal with. I have paid my mortgage consistently on time throughout the life of this loan. I have attempted to make some Principal Only payments, but they were also consistently misapplied even though I am following their guidelines on how to submit Principal only payments. I do not believe PHH is acting in good faith with me and I request your assistance with this. Thank you very much, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NV XXXX
Company Response:
State: NV
Zip: 89128
Submitted Via: Web
Date Sent: 2021-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-11
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: This started a long time ago when we started struggling financial due to medical situations so we reached out to the mortgage servicer which at the time was GMAC mortgage in which they said they couldn't help us unless we didn't pay our mortgage payment for 3 months so we followed their instructions and applied for a modification in which they started the foreclosure process and we have been in this same fight ever since. After a while GMAC sold the loan to XXXX XXXX and Ocwen became the servicer but this whole time we were trying to work with the servicer to get approved for a modification and looking to resolve the matter. Still with no resolution PHH Mortgage became the servicer in which we submitted modification information several times and the same information and documents several times because the servicer would claim they never received even though there was record of submission of all requested information and documents. There was another sale date set for XX/XX/XXXX but we were in the process of being considered for a loan modification so I called the servicer the morning of the Trustee sale date to confirm the sale was not taking place being we were being considered for a loan modification. Apparently no one was available to speak with me so I said well if I can't get an answer then I am just going to have to go down and file bankruptcy to stop the sale then all of a sudden someone was available. The representative I spoke with was named XXXX and he informed me that the sale was not taking place and the only thing they were missing for the loan modification consideration was a hire date which I had already submitted before so I then asked him to confirm again that the Trustee sale was not taking place that day for our house and he said no it is not taking place and that it is illegal to follow through with the Trustee sale while being considered for a loan modification. Well it turns out they ended up keeping my house in the Trustee sale that day but it didn't sell so it went back to the lender " XXXX XXXX ''. I actually found this out when someone showed up at my house so I immediately called PHH mortgage and they told me no that I must of misunderstood and there was nothing that could be done so I filed a complaint with the details of the situation on a social media site and got a follow up call from XXXX with XXXX XXXX escalations department. She reviewed the complaint and said they would be putting the house back in our name but then a couple days later called me back notifying me that the only way they would put the house back in our name was if we submitted a modification packet and we approved and that we hadn't missed any payments for 12 months. Well when you are in foreclosure the lender doesn't accept monthly payments so basically they had no intention on rectifying the situation and resolving the matter. The house is still not back in our name and there has been no resolution, the house is set to be in a Trustee sale again on XX/XX/XXXX. I feel like XXXX XXXX lies and is very manipulative and will do anything to benefit themselves only.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 956XX
Submitted Via: Web
Date Sent: 2021-02-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX I received an escrow analysis statement from my mortgage servicing company telling me the account was short of funds by {$1100.00} and the escrow payment will go up from {$800.00} to ( {$860.00} + {$98.00} ) {$960.00}! I immediately went to check their website and the website was showing a balance of {$3100.00} and the next payment from the escrow will not be paid until XXXX for {$2200.00}. Also the escrow analysis has never credited the propert rebate amout from the state of NJ. I therefore called them so I can pay my property taxes and insurance directly which means they should removed that escrow account as I will be responsible to pay the taxes and insurance. They refused and to me it looks like they are predators because I have refused any suggestion by them to refinance and get cash out of my house. There a large descrepancy of the escrow account analysis and what is in the account.
Company Response:
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This is not a duplicate, As we continue, this Hostal Transaction with with costly issues, enorrious data collections and no proof of service? XX/XX/XXXX XXXX XXXX, As you are aware, my signed contract originated with XXXX XXXX ( XXXX ), Later sold to PHH/ XXXX XXXX Account # XXXX. See attached payment coupon with monthly Mortgage Calculation including contractual late fees etc. ( XX/XX/XXXX ) Signature on file transferred many times. 1. The following is a request to review my Tax Pay History with PHH/XXXX compared with official billing of XXXX XXXX County Tax Accessor. XXXX XXXX XXXX records reflect actual billing dates and payment due by years starting @ XXXX. 2. Provide money distributed from XXXX to XXXX XXXX XXXX XXXX starting XXXX to XXXX. 3. Per my contract : Who is the financial institute that is holding these funds and? What are the transactions of in and out monies? Who authorized any and all negative balances? What interest has occurred? Outside of PHH/XXXX/XXXX who is managing these collected fund XXXX present? 4. Please provided is an Audit of all your attempts to pay / Reject payments from your Automatic Tax Pay Service : XXXX XXXX XXXX and others. All attempts to pays that were rejected? 5. Refunds are due back to Escrow and interested per contract? 6. Please provide an Audit of Rejects including the details : When the payment was submitted ; Wire, Electronic, Date of Rejection, When was the money re-applied back to Escrow? 7. I forwarded to you my Insurance Pay History. See Attached/ XXXX XXXX XXXX. You responded with this Hostile memo. I immediately, called customer service, stating the concern of the letter, I was informed PHH, does not have a template addressing my verification, so, the attached memo was sent. Response : Sorry for the confusion. 8. Your Statement illustrates Insurance Distribution? Please provide your details, Who is your assigned broker? What is their contact information? How much money have you distribute from Escrow for insurance? When does your Insurance policy expire and coverage applied? Please provide details and copy of contract? The information of proof. You forwarded statement stating insurance and taxes were distributed. I disagree. Refer to XXXX XXXX Brokers Analysis? 9. Please provides details concerning insurance payments and distribution per your many monthly statements? 10. The colorful attachment Chapter # XXXX Ending Bankruptcy supporting Unapplied Funds. The Federal Chapter XXXX Trustee reflect monies distributed to PHH/XXXX and XXXX. I have no agreed to withdraw monies for payment. There are contract agreement concerning these funds. Attorney XXXX XXXX, Chapter XXXX will send reports to follow-up on the current status. Replace/reverse monies immediately? 11. The Federal Chapter XXXX Trustee, indicated {$2700.00} was submitted to PHH, XXXX and XXXX as of XX/XX/XXXX. 12. This distribution Account is closed, Attorney XXXX and The Chapter XXXX Trustee indicated you are notified of activity closed. 13. In disagreement, what monies have been distributed from the Unapplied account. Who, What and Where are the purposes of your legal purpose of withdraws? 14. A final document from the Federal Chapter XXXX pay distribution is requested for your files. XXXX XXXX XXXX Note : Ms. XXXX XXXX, because of XXXX, I am not able to get to the phone until after the 3rd ring.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: PHH is purposely throwing away my bank statements that were included with my submission for assistance. I submitted my " fully complete '' application for assistance on XX/XX/2020 via my attorney 's office. The submission contained my past three months bank statements that showed proof of my income as well as proof of rental income I receive. There were check marks to the side of these deposits on said bank statements and also a letter of explanation for each deposit showing it was for rent and income etc. PHH in the past while I was applying falsely stated I had not submitted the past 90 days bank statements. They did this on purpose in order to evade review which according to my attorney is a violation of Respa Regulation X. They continue to fraudulently state my application is incomplete most recently as last week. I am told by my attorney this is a stalling tactic some fraudulent servicers use in order to evade review.
Company Response:
State: NV
Zip: 89119
Submitted Via: Web
Date Sent: 2021-01-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XXXX XXXX I received a phone call from Phh informing me they were in receipt of a completed application. Then I received a letter stating my account is in forclosure. I informed PHH I can not afford to pay {$89000.00} for this property when I have already paid {$150000.00} of my hard earn money because tenants never paid me and I put {$50000.00} of my own inheritance money to fix this property up. I tried to used the property as a XXXX XXXX XXXX but I never had the opportunity so XXXX XXXX in the XXXX went under water down hill. I would like for the investor to forgive this mortgage because I have suffered such a bad lost and spent all of my money just keeping my promise to help the banks out. I am also trying to getba loan for {$10000.00} to settle this account.
Company Response:
State: IL
Zip: 60617
Submitted Via: Web
Date Sent: 2021-01-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In 2013 I applied for a HAMP modification for my home. My principle balance at that time was {$780000.00}. I was told that I would not qualify for a HAMP modification because my mortgage was over the HAMP limit. The mortgage company told me I am over the celling and will not qualify me for government loan. I had a XXXX at that time and did not know I was being lied to. I have now found out that was not true! The HAMP for a two unit home is {$930000.00}. They said I would only qualify for in-house modification. I was ill, under stress of losing my home and not understanding the entire process so I agreed to the in-house modification. I have been requesting an answer since to correct the issue and no response. I could have had the government loan and not lose my house. They have accumulated so much debt that my house is worth about {$750.00} and my debt is about {$1.00} on the first and over $ XXXX on the second. Even though my monthly payment changed from the agreed amount, I struggled and made the payments all the way through XX/XX/2013. I owe so much now due to their error and want it to be fixed.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92677
Submitted Via: Web
Date Sent: 2021-02-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A