Date Received: 2020-07-30
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: By letter dated XX/XX/XXXX that is enclosed hereto as Exhibit " A '', XXXX XXXX ( " XXXX '' ) and PHH Mortgage Services ( " PHH '' ) responded to my complaint filed with the Consumer Financial Protection Bureau ( CFPB ) as complaint number XXXX with false statements as it pertains to an already time-barred debt and mortgage identified with account number XXXX, by : falsely addressing the Estate of XXXX XXXX XXXX as the Customer ( s ) for the above referenced account number when no such estate is connected to my property, and my husbands name was not XXXX XXXX XXXX ; and falsely declaring that I defaulted on my mortgage loan as of XX/XX/XXXX and mentioning the active illegal foreclosure under Docket No. XXXX wherein XXXX and PHH are falsely declaring XX/XX/XXXX as the date of default, when at all relevant times : ( 1 ) the false date of default as of XX/XX/XXXX contradicts the XX/XX/XXXX date declared for the same transaction under Docket No. : XXXX and a true copy of foreclosure complaint filed therein on XX/XX/XXXX ( the same day of my husbands death ) is attached hereto as Exhibit B ; ( 2 ) the false date of default as of XX/XX/XXXX misrepresents and falsely implies that payments were made towards the subject account number from XX/XX/XXXX through XX/XX/XXXX ; and ( 3 ) the false date of default as of XX/XX/XXXX unlawfully conceals approximately $ XXXX in payments that I tendered for the months due XX/XX/XXXX through XX/XX/XXXX during an extreme time of grief upon my husbands death, with approximately $ XXXX being cashed by predecessors and affiliates of XXXX and PHH as displayed within the checks enclosed hereto as Exhibit C. Furthermore, the foregoing parties along with their co-conspirator XXXX XXXX XXXX ( " XXXX XXXX '' ) are willfully refusing to answer and provide the information demanded by communications dating back to the end of XXXX to present date, pursuant to the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1962 ( g ) ) ; N.J.S.A. 12A:3-308 ; the Real Estate Settlement Procedures Act ( RESPA ) ( 12 U.S.C. 2605 ( e ) ) and the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 et seq. ) ; and 15 U.S.C. 7021 ( f ). In closing, the conduct set forth above constitutes false statements to the CFPB by XXXX and PHH in response to complaint number XXXX in violation of 18 U.S.C. 1001, mail fraud in violation of 18 U.S.C. 1341 and continued engagement in unfair, deceptive, and unlawful practices by the foregoing parties in violation of consent judgments entered in the U.S. District Court for the District of Columbia on XX/XX/XXXX in Case No. XXXX and Case No. XXXX on XX/XX/XXXX.
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: 2020-08-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-29
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: We recently started our mortgage with PHH Mortgage Service, and it was the worst and unprofessional service I can ever imagine. My first payment due is on XX/XX/20 and my loan underwriter transferred my check ( in full amount ) on XX/XX/20 by USPS certified mail, according to the tracking record, they received the mail on XX/XX/20, but since then I called multiple times to verify with them on timeline they will cash the check and apply it to my account. They keep stating that they didn't receive the check although I provided the USPS tracking number, my XXXX check number. Time though end of XXXX, they still didn't cash the check and end up sending me a letter stating that they are " not in receipt of the check '' dated on XX/XX/20. So immediately after that ( XX/XX/20 ) I provided another check with 2 months worth of the mortgage payment to cover both my XXXX and XXXX dues. They cashed that check on XX/XX/20. At the same time, I scheduled my automatic payment on their service portal starting XX/XX/20 and thinking finally I straight out this frustration and since usually the first payment have a greater grace period, I should be no problem on delinquency issue. Suddenly they also cashed my original XXXX check on XX/XX/20. So I called them again telling them I have already scheduled my direct debit ( or auto payment ) starting XX/XX/20 and over the phone they verified the account status is normal and they agree that there is an one month worth of mortgage overpaid. So I request a check back to me since paying 3 months worth of mortgage from my bank account within one month does create some cash flow pressure. I received this reversal check in mail on XX/XX/20 but they also sent me a separate letter stating that my auto payment get canceled due to the status of my loan. I called to verify the reason on the cancellation. The answer I get over the phone is that they see ( 1 ) a reversal fund request and ( 2 ) my account status is delinquent. I told them they are not stating the truth and all the frustration are caused by their fault at the very beginning on how they handle my first check. At this point, they agreed to see if they can reinstall my auto pay request back so that I don't have to again sent them another paper check. During this whole process, I feel they are creating hassles and problems due to their poorly designed service and poorly managed representatives team - I have to repeat my problem over times and I receive a lot apologies over the phone but really not getting problem solved effectively. To set a mortgage account straight is not hard rock science and it only requires a bit professional care that they suppose to do. And to answer some regular request in absolutely normal course of business shouldn't be this problematic. I don't have faith on them to maintain my mortgage account accurate at this point. I will definitely look at all options I have to transfer to another one if possible.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: ME
Zip: 040XX
Submitted Via: Web
Date Sent: 2020-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been working with PHH Mortgage on a loan modification since XXXX. My loan had matured in XXXX I did not realize it. PHH took my money for 4 more months and then said I owed them the balloon and I could not refi with them. I have been working on the modification for a month now and every time I get a call from them they tell me I need more documents, or different documents, this is all after they sent me a letter saying that my application was complete and ready to go. My customer representative told me I was ready to go and a decision would be made this week, but then, suddenly, my package was incomplete and I needed to supply new documents, which would reset my 30 day clock, which they have to operate in, back to very. They have ruined my credit with this and now are forcing me into a loan with their company, at what interest rate I do not know. I can only imagine they are going to stick me with a rate higher than normal because I have no choice but to take their loan now. I can not get a loan anywhere else and they are the only option, so whatever they offer, I will have to take. PHH is the worst company ever.
Company Response:
State: VA
Zip: 22030
Submitted Via: Web
Date Sent: 2020-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-29
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: We recently started our mortgage with PHH Mortgage Service, and it was the worst and unprofessional service I can ever imagine. My first payment due is on XX/XX/20 and my loan underwriter transferred my check ( in full amount ) on XX/XX/20 by USPS certified mail, according to the tracking record, they received the mail on XX/XX/20, but since then I called multiple times to verify with them on timeline they will cash the check and apply it to my account. They keep stating that they didn't receive the check although I provided the USPS tracking number, my XXXX check number. Time though end of XXXX, they still didn't cash the check and end up sending me a letter stating that they are " not in receipt of the check '' dated on XX/XX/20. So immediately after that ( XX/XX/20 ) I provided another check with 2 months worth of the mortgage payment to cover both my XXXX and XXXX dues. They cashed that check on XX/XX/20. At the same time, I scheduled my automatic payment on their service portal starting XX/XX/20 and thinking finally I straight out this frustration and since usually the first payment have a greater grace period, I should be no problem on delinquency issue. Suddenly they also cashed my original XXXX check on XX/XX/20. So I called them again telling them I have already scheduled my direct debit ( or auto payment ) starting XX/XX/20 and over the phone they verified the account status is normal and they agree that there is an one month worth of mortgage overpaid. So I request a check back to me since paying 3 months worth of mortgage from my bank account within one month does create some cash flow pressure. I received this reversal check in mail on XX/XX/20 but they also sent me a separate letter stating that my auto payment get canceled due to the status of my loan. I called to verify the reason on the cancellation. The answer I get over the phone is that they see ( 1 ) a reversal fund request and ( 2 ) my account status is delinquent. I told them they are not stating the truth and all the frustration are caused by their fault at the very beginning on how they handle my first check. At this point, they agreed to see if they can reinstall my auto pay request back so that I don't have to again sent them another paper check. During this whole process, I feel they are creating hassles and problems due to their poorly designed service and poorly managed representatives team - I have to repeat my problem over times and I receive a lot apologies over the phone but really not getting problem solved effectively. To set a mortgage account straight is not hard rock science and it only requires a bit professional care that they suppose to do. And to answer some regular request in absolutely normal course of business shouldn't be this problematic. I don't have faith on them to maintain my mortgage account accurate at this point. I will definitely look at all options I have to transfer to another one if possible.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: ME
Zip: 040XX
Submitted Via: Web
Date Sent: 2020-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: A called the mortgage servicer, PHH Morgtage Services, to request a 180 day forbearance on my federally backed XXXX XXXX XXXX ) due to financial hardship directly related to the Covid-19 pandemic. I explained that my work hours had been dramatically reduced due to circumstances related to Covid-19. I explained that I was requesting this relief under the CARES act. PHH is unwilling to offer a 180 initial forbearance as requested. They are willing to offer only a three payment forbearance, effectively 90 days. They state that after 90 days they will " review my situation '' and may be able to offer an extension. I believe PHH is acting in bad faith, and intends to impose needless inconvenience in order to dissuade me from enjoying the relief I am entitled to under the CARES act during this hardship.
Company Response:
State: TX
Zip: 77096
Submitted Via: Web
Date Sent: 2020-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-28
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/XXXX my mortgage with PHH Mortgage matured after 15 years of payments. The company says they sent one letter in XXXX, XXXX to let me know the loan was set to mature. They have also admitted there was no other communication regarding the loan. I did not realize the loan had matured and continued payments, which were accepted by PHH until XXXX, XXXX. The XXXX payment was returned to me and it was then I was informed the loan had matured. I contacted PHH and was told I needed to pay the full amount of {$55000.00} at that time. I contacted PHH to do a modification to my loan and had was told to submit my application as soon as possible. On XX/XX/XXXX I submitted the required documentation and received a letter dated XX/XX/XXXX saying my application was complete. My customer service representative, XXXX, informed me on multiple calls that I had completed the application and thanked me for being prompt. During this time my credit score was dropping due to my non-payment on the {$55000.00} balloon, but since I was working with the company, I had been told I would not be held accountable for the loan as it was " in process ''. I was later told this was incorrect and I was unable to get a loan anywhere else, so I was forced to continue using PHH. On a call on XX/XX/XXXX I was told there were items missing from my application, even though I had a letter from PHH saying my application was complete. I was told my pay stubs, and application were all older than 90 days and were not being accepted. The fact was my documents were less than 30 days old, and there was confusion among the three customer service representatives as to what was actually needed. After three hours on the phone it was found my application was indeed submitted less than 90 days before, but the clock had restarted on the 30 day timeline PHH had to act on my application, which forced my credit even lower and ensured I either paid PHH the {$55000.00} ( which I do not have ) or get the terms of loan if they decide to give one to me. I feel their practice is predatory in nature and has forced me to use their company at the terms they set. The company admitted I had never missed a payment in 15 years and even paid XXXX extra months when the loan matured. Their customer service was aggressive on occasion and less than helpful.
Company Response:
State: VA
Zip: 22030
Submitted Via: Web
Date Sent: 2020-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-27
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Ocwen Financial Corporation agreed to put my mortgage in forbearance under the CARES Act until XX/XX/2020. Recently I noticed that my credit score had decreased dramatically and I see that my mortgage company has reported my forbearance as delinquent! I have approached them twice on the phone to sort this out but my credit rating is still lower than it should be. I am wondering if this is actually a 'mistake ' as they suggest or a more widespread pattern of embarrassment? I was just about to be able to refinance for a lower rate thanks to the recent changes in the rules but this has set me back from a good credit rating to only fair. I would really appreciate any help you can give me in expediting the process of removing the delinquent category from my credit rating, it is simply not true!
Company Response:
State: NC
Zip: 28806
Submitted Via: Web
Date Sent: 2020-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-27
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: As displayed within a " Monthly Mortgage Statement '' dated XX/XX/XXXX that is enclosed hereto as Exhibit A ; a response letter to me dated XX/XX/XXXX regarding my complaint to the CFPB under complaint number XXXX enclosed hereto as Exhibit A1 ; and a " Payoff Quote '' dated XX/XX/XXXX enclosed hereto as Exhibit A2, XXXX XXXX ( " XXXX '' ) and PHH Mortgage Services ( " PHH '' ) continued to : falsely address and designate the XXXX XXXX XXXX XXXX XXXX as the mortgagor for the subject mortgage loan when no such person existed. ; and falsely declare the subject mortgage loan is due for the payment that came due as of XX/XX/XXXX and the last payment applied was for XX/XX/XXXX, which contradicts the XX/XX/XXXX date of default claimed in Docket No. : XXXX as displayed within the complaint annexed hereto as Exhibit B ; and omits approximately {$21000.00} in payments that were made starting XX/XX/XXXX through XX/XX/XXXX of which approximately {$16000.00} was cashed by XXXX XXXX XXXX, XXXX ( XXXX XXXX ) as displayed within the checks enclosed hereto as Exhibit C. Since the inception of the most recent foreclosure action as of XX/XX/XXXX to present date, I have repeatedly raised the foregoing issues regarding the false date of default and concealment of nearly {$21000.00} of payments that I made with approximately $ XXXX being cashed, but the foregoing parties refuse to acknowledge their errors.
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: 2020-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-27
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XXXX of 2020, we were given the approval for a loan modification on our Mortgage. Our new loan/modified loan was set to begin XX/XX/2020. I made our payment for XX/XX/2020 in XXXX as soon as our modification was approved, and planned on paying our mortgage from XX/XX/XXXX onward with no issues. Our company then notified me that our loan was going to be transferred to a new servicer as of XX/XX/2020. On XX/XX/2020, I contacted my new servicer, PHH Mortgage to make my payment. They stated that I was behind all the way back to XX/XX/2020. They had no record of my modification or that it had been completed. They said they could research it and I send them my completed and recorded modification twice over the next couple of months. They would not allow me to make my payment unless I had enough money to make approximately 5 payments due to them Showing that I was behind that far. I didnt have XXXX $ to make this many payments so they would not take my payment until it was either resolved and showing that it was modified or else if I had the entire amount. I have called and spoken with this company 1-2 times per week since the beginning of this transfer and they still have not shown or updated that my loan was modified right before being transferred to them. I have provided proof and have been following up non stop. This has caused my husband and I to just decide to sell our home while we still can because this has been so XXXX. I have not been able to sleep or eat and it has caused XXXX XXXX due to XXXX. I have been very patient and very diligent trying to get this resolved. I am extremely worried this will affect my credit for a long time to come and I feel it is absolutely unfair.
Company Response:
State: ID
Zip: 83709
Submitted Via: Web
Date Sent: 2020-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-25
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: By letter dated XX/XX/XXXX enclosed hereto as Exhibit " A '', XXXX XXXX ( " XXXX '' ) and PHH Mortgage Services ( " PHH '' ) continue to falsely imply that I defaulted on my mortgage loan as of XX/XX/XXXX, and continue to pursue an illegal foreclosure by falsely declaring the same, when at all relevant times : said claims of default in your communication and set forth within pleadings filed in Docket No. : XXXX contradict the claims of default as of XX/XX/XXXX made in Docket No. : XXXX, a true copy of the latter is attached hereto as Exhibit B ; said claims falsely imply that payments were made towards the subject account number from XX/XX/XXXX through XX/XX/XXXX ; and said claims deceptively conceal approximately $ XXXX in payments that I tendered for the months due XX/XX/XXXX through XX/XX/XXXX with approximately $ XXXX being cashed by PHH 's predecessor, true copies of which are enclosed hereto as Exhibit C. Furthermore, the foregoing parties along with their co-conspirator XXXX XXXX XXXX ( " XXXX XXXX '' ) are willfully refusing to answer and provide the information demanded by communications dating back to the end of XXXX to present date, pursuant to the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1962 ( g ) ) ; N.J.S.A. 12A:3-308 ; the Real Estate Settlement Procedures Act ( RESPA ) ( 12 U.S.C. 2605 ( e ) ) and the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 et seq. ) ; and 15 U.S.C. 7021 ( f ). Lastly, XXXX and PHH are withholding and not providing me with a monthly statement for my mortgage loan for the payment due as of XX/XX/XXXX. In closing, the conduct set forth above constitutes continued engagement in unfair, deceptive, and unlawful practices by the foregoing parties in violation of consent judgments entered in the U.S. District Court for the XXXX XXXX XXXX on XX/XX/XXXX in Case No. XXXX and Case No. XXXX on XX/XX/XXXX.
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: 2020-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A