Date Received: 2020-10-13
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: OCWEN Unfair/ Inaccurate Reporting, Lack of Customer Support and Credit Hardship Explanation : This house was our primary residence from XXXX to XXXX at which time I was relocated for work to XXXX and we were unable to sell the house XXXX values had fallen due to local economic factors ( oil and gas ) so we chose to rent the property until values rebounded. Renters exited in XXXX of XXXX. Property placed on market in XX/XX/XXXX. Buyer proposed purchase contract accepted in XX/XX/XXXX with projected close date in XXXX of XXXX. Long story ( see email attachments from previous email below ) but external water facet was frozen when house winterized and then thawed and came on without our knowledge resulting in 56,000 gallons of water running down the foundation wall. This resulted in the house sinking and the foundation being compromised to the point were engineers deemed the structure unsafe to live in. All this occurred one day before closing on the sale of the home leaving the home unable to rent or live in with repair cost estimates being > {$150000.00}. We immediately contacted OCWEN and our insurance company about the event and OCWEN told us to work with our insurance company to process the claim. Our insurance company denied the claim and we notified OCWEN who told us they couldnt help us while the mortgage was in good standing. We notified OCWEN that we could not afford to continue to pay the mortgage on a home we couldnt live in or rent. OCWEN recommended we seek legal counsel to pursue the insurance claim which we did at our own cost. When asked about not paying mortgage they stated it was our choice but they couldnt help us at this point so we stopped paying mortgage and put our money into legal counsel. Multiple lawyer correspondence and a formal demand letter sent but insurance company still denied the claim. Notified OCWEN that insurance claim was denied again and OCWEN told us that they couldnt help us until our account was enough delinquent to trigger mortgage assistance department and recommended we contact VA to see if they could help since the loan was a VA loan. We reached out to VA who sympathized but could not help. We notified OCWEN of VA response and asked to be escalated to supervisors, other departments, and eventually asked to talk to the CEO of OCWEN which got us assigned to two specialists to help assist us. Contact with OCWEN increased as we went through the short sale process. Several delays with OCWEN processing application led to a few contracts being abandoned by buyers due to delays. The fourth contract was successful but involved us contacting OCWEN three times per week to pressure them to be responsive and it still took them 5 months to process. Below is a high level timeline : 1. XX/XX/XXXX home put on market for sale. 2. XX/XX/XXXX water shut off and home winterized by contractor. 3. XX/XX/XXXX buyer purchase offer accepted and home under contract. 4. XX/XX/XXXX water reconnected and home de-winterized by contractor so buyers could complete home inspection which found no issues. 5. XX/XX/XXXX final walkthrough prior to closing on XX/XX/XXXX completed and massive structural damage found throughout the home. 6. XX/XX/XXXX water company investigation found external water facet on and 56,000 gallons of water recently flowed down foundation wall. 7. XX/XX/XXXX OCWEN notified on structural damage and advised to contact insurance company. 8. XX/XX/XXXX XXXX insurance contacted to start claim process. 9. XX/XX/XXXX real-estate home re-inspection completed with massive structural damage found that was not on present during first inspection in XXXX. 10. XX/XX/XXXX independent engineering firm retained and assessed that structure unable to support living in. OCWENXXXX XXXX XXXX of findings. 11. XX/XX/XXXX XXXX denied claim. OCWEN notified of claim denial and inability to continue to financially pay mortgage. OCWEN unable to help as not delinquent enough to trigger hardship department but recommended we contact a lawyer to pursue insurance company as well as VA to see if they could help. 12. XX/XX/XXXX legal counsel demand letter sent to XXXX. OCWEN notified. 13. XX/XX/XXXX XXXX again denied claim and legal counsel stated next step was lawsuit but would be costly with no guarantee of success. OCWEN notified and unable to help with legal cost support. We demanded to be escalated to multiple supervisors and departments over days of phone calls. OCWEN assigned specialist to help and recommended short sale. Realtor retained to pursue short sale. 14. XX/XX/XXXX to XX/XX/XXXX multiple OCWEN Hardship Applications, multiple Short Sale Contracts, extensive delays by OCWEN to process timely, request to escalate to CEO, and finally connected with a representative who was able to process the 4th short sale contract prior to buyer cancelation : a. XX/XX/XXXX OCWEN Hardship Application # 1. b. XX/XX/XXXX Short Sale Buyer Contract # 1 ( canceled due to buyer repair cost analysis ). c. XX/XX/XXXX Short Sale Buyer Contract # 2 ( eventually buyer canceled due to OCWEN processing delays ). d. XX/XX/XXXX OCWEN Hardship Application # 2. e. XX/XX/XXXX Short Sale Buyer Contract # 3 ( eventually buyer canceled due to OCWEN processing delays ). f. XX/XX/XXXX OCWEN Hardship Application # 3. g. XX/XX/XXXX Short Sale Buyer Contract # 4. Escalation to CEO, weekly scheduled appointments, and finally 3 times per week calls and emails to push OCWEN to process timely. Still took 5 months for OCWEN to process. h. XX/XX/XXXX OCWEN verifies all funds and transferred and account closed with no further obligation on us.
Company Response:
State: CO
Zip: 80210
Submitted Via: Web
Date Sent: 2020-10-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Once again PHH is failing to properly service my mortgage. Currently they are failing to apply my payments to my account or offer any explanation as to why. PHH received my XXXX payment on XX/XX/XXXX, I have the signed return receipt from the post office that shows the date they received it. On XX/XX/XXXX and again on XX/XX/XXXX I received emails from PHH informing me that they have not received payment and my home is in danger of foreclosure. On XX/XX/XXXX I sent a qualified written request asking for an explanation of what was done with the payment they received on XX/XX/XXXX. To date I have not received any response or acknowledgment that this qualified written request was received. Per the return receipt it was received by PHH on XX/XX/XXXX. In the beginning of XXXX I sent another qualified written request concerning people coming to my home and taking photos. Since XXXX of this year people have been coming to my home, taking photos, walking around on the vacant land and even driving up my driveway. All areas are clearly marked private property. During XXXX and XXXX there were numerous different people here doing these things. At least once per week someone was here taking photos. Some weeks there were several different people. Since XXXX there has been only one person that I am aware of coming and taking photos. This person is here almost every week. There have been occasions when its been less than a week between visits. PHH mortgage has told me that they have a right to check on their investment, my home, so I believe these people are coming here on behalf of PHH. I also believe that weekly or even monthly visits are very excessive. This feels more like harassment than a mortgage company checking its investment. I currently have another property and mortgage with another company, and in the ten years I have had that mortgage I dont think anyone has ever gone to the house to take photos. I am attaching photos to show what it looks like when this person is here. It is very disturbing and invasive. At the beginning of XXXX I sent PHH a qualified written request asking if these people have been here on behalf of PHH. I also asked if I am being charged for all of these visits. I requested a statement showing any charges that have been added to my account for these visits to photograph my home. To date, XX/XX/2020 I have not received any response from PHH. Per RESPA, mortgage servicers are required to respond in writing within five days of receipt of a qualified written request or notice of error. It has now been over 30 days since they received my first request and I havent gotten any response. I have sent a second qualified written request for the same information. I would like to know what has been done with my XXXX payment and my XXXX payment since that hasnt yet cleared my bank either. I would also like to know if these people photographing my house are here on behalf of PHH and if so am I being charged? Please send a statement showing all charges if I am.
Company Response:
State: CO
Zip: 808XX
Submitted Via: Web
Date Sent: 2020-10-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have a Mortgage with PHH and they aren't helpful at the moment, I has medical emergency in my Family and because of hospital bills, I could not pay my mortgage in time, but before I could get back on my feet, the corona virus crisis started and I started getting behind on my mortgage payments, PHH wont give me a loan modification as I have about {$200000.00} in equity and they wont accept partial payments on the loan either, I tried working out with them but they want about {$13000.00} to get me out of foreclosure, because of corona virus crisis, I have lost my job and barely surviving, if you could help me get a repayment plan where in I can pay a down payment on the mortgage, and the balance can be split over and added to my monthly payments, I can try to get back current. I can come up with {$5000.00} as a down payment on the mortgage, and the balance can be split over and added to monthly payments.
Company Response:
State: WA
Zip: 98374
Submitted Via: Web
Date Sent: 2020-10-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-10
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Phh Mortgage is claiming that my accounts, i have 2 with them are closed, and in Bankruptcy.. i have never filed for Bankruptcy or plan to, and when i ask for them to give me information on my accounts, their telling me i need my lawyers to contact them if i want any info.. i dont have a lawyer or need a lawyer if my account are in good standing. This is not right if they made a mistake with my accounts they need to fix them, and provide me information why this is happing to my accounts.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 93552
Submitted Via: Web
Date Sent: 2020-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Our mortgage co overcharged us for escrow which was part of our 2009 modification. I have submitted several times to you which provided documents on the escrow overcharge. I read where cfpb found Saxon and ocwen guilty of escrow overcharges. Why didnt they take our problem as part of their findings
Company Response:
State: CT
Zip: 064XX
Submitted Via: Web
Date Sent: 2020-10-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: PHH XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CA XXXX XXXX XXXX PHH has had a short sale package since XX/XX/XXXX. The file has been escalated yet PHH is refusing to give an update on this file. Today, XX/XX/XXXX we spoke with a Manager XXXX Agent ID XXXX XXXX. This Manager outright refused to get me in contact with anyone who can assist on this file in a timely manner. PHH has had this file since XX/XX/XXXX with no updates. The only appointment available for SPOC is on XX/XX/XXXX. by that point they will have had the file for over 30 days. There is no acknowledgement of what docs they have, what they are missing, or that anything is happening on file. The Manager claims their SPOCS handle " many many files ''. PHH is clearly understaffed for the workload that they have, as they take weeks to even give a followup call. ****************THIS IS A VIOLATION OF THEIR SERVICING OBLIGATIONS AND IS THE TREND WE ARE SEEING ON ALL OUR FILES WITH PHH XXXX THIS IS NOT ACCEPTABLE. *************** I want a callback in no less than 48 hours from a manager with an update on the short sale.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-08
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: XXXX XXXX XXXX XXXX ( XXXX XXXX ), Successor in Interest to XXXX XXXX XXXX , XXXX XXXX, Successor by Merger to XXXX XXXX XXXX XXXX as Trustee For XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series XXXX XXXX XXXX XXXX XXXX ), continues to allow others to proceed with foreclosure of my property in Docket No. : XXXX upon a note and mortgage ( " mortgage loan '' ) that became time-barred as of XX/XX/XXXX, by using the name of XXXX XXXX as Trustee for XXXX XXXX XXXX 's name as the purported owner of the subject mortgage loan, despite XXXX XXXX as Trustee for XXXX XXXX XXXX 's communications dated XX/XX/XXXX and XX/XX/XXXX annexed hereto as Exhibit 1, declaring that : The servicer is the party to the Trust that has the authority and responsibility to make decisions regarding individual mortgage loans in the Trust. The Trustee has no authority or responsibility to review and or approve or disapprove these decisions and actions.. Furthermore, XXXX XXXX as Trustee for XXXX XXXX XXXX further declared within its publication titled Role of the Corporate Trustee enclosed hereto as Exhibit 2, that : ( 1 ) As Trustee, XXXX XXXX XXXX XXXX XXXX XXXX performs the following responsibilities. Does not initiate, nor has any discretion or authority in the foreclosure process .... ( Id. at Page 2 of 4 ) ( 2 ) All trustees for XXXX transactions, including XXXX XXXX, have no advance knowledge of when a mortgage loan has defaulted. Trustees on XXXX transactions, while named on the mortgage and on legal foreclosure documents, are not involved in the foreclosure process. ( Id. at Page 2 of 4 ) ( 3 ) As noted, the trustee does not play a role in initiating or managing a foreclosure process and consequently has little, if any, information relating to mortgage loan activities including a foreclosure. Depending on the particular trust and pool, the trustee may have very limited information on either the borrower or the property. ( Id. at Page 2 of 4 )
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 76543
Submitted Via: Web
Date Sent: 2020-10-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I bought my house in XX/XX/XXXX. I started some major renovations when I had a XXXX XXXX in XX/XX/XXXX. I stayed home for a while and suddenly covid-19 appeared in XXXX. I requested a mortgage forbearance which I had for 6 months. Federal law requires that the mortgage servicer should contact the barrower 30 days before the forbearance expires. They did not. Instead they sent me a package asking for missing documents when I have never submitted a package. Only thing I asked them is a forbearance extension which they refused without any explanation. They gave me 20 days to submit additional documents while my wife and myself are XXXX XXXX for XXXX and we are quarantined right now. Mortgage servicers are PHH Mortgage services and XXXX XXXX XXXX. They refused and I'm getting harassment calls.
Company Response:
State: FL
Zip: 33311
Submitted Via: Web
Date Sent: 2020-10-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-07
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I applied for a Cash out refinance Conventional Loan XXXX of XXXX. XXXX of XXXX I received a call from XXXX XXXX, loan originator say my credit score approved me for the Cash out refinance loan. XXXX of XXXX I received the official approval. XXXX of XXXX I received a denial of the loan. I've been a customer with PPH Mortgage for over 15 years never was late or missed a payment. I received multiple calls from the loan originator telling me the loan was in good standing. The money was for repairs of my home I've been living there since XXXX. I have all of application documents. PPH tied my personal credit for 4 months. I did not apply for any loans due to I didn't want any complications regarding my loan.
Company Response:
State: OH
Zip: 44128
Submitted Via: Web
Date Sent: 2020-10-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-10-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My Mortgage Company, Option One, transferred to American Home Mortgage, Transferred to Ocwen Servicing, transferred to PHH and now informed transferred to XXXX. There has been many discrepancies in the amount I owe and on my statements and when I requested a break down my mortgage always transfer to another servicer ... This has been an on going problem since I secured a mortgage loan with Option One in XXXX to purchase my home at XXXX XXXX XXXX, XXXX, NJ XXXX. I have been experiencing hardship after my Father passing and having to quarantine. My mother is very ill and had explain this to Ocwen when I fell behind in my payments and OCWEN offered me a loan modification. In the process of making corrections to my loan modification, my loan was transferred to PHH. I was informed by PHH there was no record and they needed to research which continue to delay correction to my balance. As a result of this delay I had to I could not sell my house in XX/XX/XXXX. I have been commuting to care for my mother a foreclosure was started. Unfortunately due to COVID-19 I have had to quarantine. I have been trying to resolve this myself and can not afford an attorney. On XX/XX/XXXX, I arrived back home from WV and PHH had sent someone to change the locks on my doors and had winterized my house! I had to call a lock smith to change my locks and Dewinterize my home. This cost me over {$900.00} to change my locks and De-Wnterized my house. During these hard times and pandemic PHH should not have enter my home. I am terrorize and fear someone can enter my home because I am commuting to care for my Mother and may be away from my home for serveral days. I had already informed the mortgage company since the death of my father and my mother illness in XXXX the reason I wanted to sell my house. I was told not to worry. Instead I was served with foreclosure papers from XXXX C/O PHH Mortgage Services. It has been a nightmare
Company Response:
State: NJ
Zip: 07203
Submitted Via: Web
Date Sent: 2020-10-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A