Date Received: 2020-07-25
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Separate and aside from criminal conduct as set forth and explained within the correspondence annexed hereto as Exhibit " A '', XXXX XXXX XXXX ( " XXXX XXXX XXXX '' ), the latter 's employee XXXX XXXX XXXX ( " XXXX XXXX '' ) in conspiracy with XXXX XXXX XXXX " XXXX '' ), PHH Mortgage Corporation dba PHH Mortgage Services ( " PHH '' ), XXXX XXXX XXXX ( " Attorneys XXXX '' ) and others, are evading my demands and request made 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 ). Furthermore, as set forth within my communication to be forwarded to the foregoing parties that is annexed hereto as Exhibit " A '', along with Exhibits B through I that are also enclosed hereto and explained within my communication submitted herein as Exhibit " A '', XXXX XXXX XXXX and the latter 's employee Attorney XXXX on behalf of XXXX and PHH submitted false - forged evidence to the CFPB on XX/XX/XXXX constituting violations of 18 U.S.C. sections 1001 and 1343. Specifically, the foregoing parties continue to misrepresent that I defaulted on my mortgage loan as of XX/XX/XXXX, while omitting and concealing the first foreclosure action set forth default as of XX/XX/XXXX with no payments made thereafter through XXXX XXXX, and I tendered approximately $ 21k in payments with approximately $ 16k being cashed, non of which I am being given credit for as explained within my communication annexed hereto as Exhibit " A '' and displayed within Exhibit " G ''. In closing, the conduct set forth above, explained within Exhibit " A '' and displayed throughout Exhibits " B '' through " I '' that are also enclosed hereto, 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 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: 2020-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-24
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Step 1 : What is this complaint about? After 40 years of living in my home and XXXX years old, I was forced to vacate my home by XX/XX/XXXX, due to Ocwen Loan Servicing, LLC/PHH Mortgage Corporation refusing to take payment during a prolonged one-year Loan modification, hardship requests and number of denials to save my home. I received empty promises from several relationship managers that informed my house would be saved by stating that, Not to worry because were not trying to take your home, which lead my home into placed into foreclosure proceedings. They refused to remove my mother from the deed of trust, as well as her income from my household income while she was living in a XXXXXXXX XXXXthey refused to remove my mother after she had deceased on XX/XX/XXXX. I went through several modification packages and notary publics to prove to them that my mothers income was not included in my household. Therefore, there was a change in the household income, which caused hardship for a single senior citizen woman on a fixed monthly income. Step 2 : What type of problem are you having? I spoke to several relationship managers but not my assigned RS Manager because he/she was never at my disposal. There were a few relationship managers who had substantial language barriers that were difficult to understand what they were trying to inform me. One relationship manager told me from Ocwen Loan Serving, LLC/ PHH Mortgage XXXX that my modification was denied twice after they had recommended me to fill out the paperwork several times, including submitting my financial records several times, my mothers financial information, and going to a notary public. I had visited the XXXX XXXX business office to obtain my mothers financial information during the time of the modification. My mother had XXXX ; I was required to submit my and my mothers financial information numerous times, I was later informed that the information was all lost. Before sending the financial information, I wrote a letter informing Ocwen/PHH Mortgage that my mother no longer resides with me. Ocwen/PHH Mortgage refused to accept my mortgage payments unless I include the delinquent amount in full after being reassured by several relationship managers that I would not lose my home and not to worry during our monthly relationship management calls and not send payments right now while applying for modification or hardship requests. Also, I received several notification posts hanging from my doorknob for me to call them in between the other monthly calls. After several months of stress and anguish dealing with this mortgage company, I received a letter and a phone call that my home was going into foreclosure, and I could contact the mortgage lawyer in charge of the process. When I contacted PHH Mortgage lawyer ( XXXX XXXX XXXX ), they informed me that they had not received any modification or foreclosure paperwork and reassured me that I had nothing to worry about. Step 3 : What happened? My home was forced into foreclosure. I had no choice but to move out by XX/XX/XXXX, to live with my daughter, because my house was being auctioned after owning home for 40 years. I had to move a houseful ( 5 rooms ) of furniture into storage or be thrown out before the auction. Step 4 : What company is this complaint about? Ocwen Loan Servicing LLC/PHH Mortgage Corporation Step 5 : Who are the people involved? I never spoke to the same relationship manager or my assigned relationship manager. I was always informed that my Relationship Manager was not there.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 23803
Submitted Via: Web
Date Sent: 2020-07-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-24
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I received a letter from PHH mortgage Co. dated XX/XX/XXXX, that my XXXX mortgage of {$520.00} has not been received. ( # 1 Document ). I contacted the bank and was told that it had been deducted from my checking account on XX/XX/XXXX. ( # 2 Document ). I later contacted the company and was told that it was applied incorrectly. This mortgage account has been opened since XXXX and has always been bank draft from my checking account. ( # 3 & 4 Documents ). I called a 2nd time on XX/XX/XXXX, approximately XXXX XXXX. and was told that the money was placed in a suspended account. I called a 3rd time on XX/XX/XXXX approximately XXXX XXXX after receiving a Notice of Default letter. I was told to disregard the letter ; and for the last payment prior to getting the payoff, I was told to send a check in from my account instead of letting them do a bank draft ( # 5 Document ) I inquired if it would have any bearing on my credit report and they advised it would not. However, I received a notice from my credit monitoring stating that my score had dropped from XXXX to XXXX. This mortgage loan is scheduled to mature, and I sent the balance of {$22000.00} ( # 6 & 7 Documents ) on XXXX. Again, I contacted the mortgage company on XX/XX/XXXX and was told that they had received the payoff, however, I still received a letter saying the month of XXXX payment is due. In checking with the 3 credit bureaus, my scores have dropped from XXXX to XXXX from PHH mortgage sending a negative report about this loan. ( # 8 Document ). I need PHH to rectify this.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30310
Submitted Via: Web
Date Sent: 2020-07-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Our mortgage was process through XXXX XXXX XXXX ( based out of XXXX XXXX MO XXXX and was sold to XXXX whom then sold our mortgage to PHH Mortgage whom has an ongoing extremely poor track record for customer care and proper handling on documentation, such as statements and proof of payments, as well as past lawsuits for wrongfully foreclosing on person ( s ) home. They are not accredited with the XXXX XXXX XXXX and should not be allowed to offer loans to consumers. PHH Mortgage has been in business for over 30 years and has yet to prove they are a trustworthy, dependable, and reliable source for loans/mortgages. PHH Mortgage has and is currently ruining the wellbeing of American families whom trust them with one of their largest assets, a home! The Consumer Financial Protection Bureau must properly vet loan companies to ensure that those companies are accredited though the XXXX and have a long standing record of quality customer care and record keeping. There is no excuse for these wealthy companies whom absorb millions of dollars in interest from homeowners to not have a quality company. PHH Mortgage has over 700 1-star reviews elaborating the shortcomings of the company. I second me earlier statement : As a federal agency, Consumer Financial Protection Bureau must dictate higher standards for lenders to deserve consideration under XXXX. US citizens count on the government to adequately take care of its people ; not to have a government agency toss their mortgage investment to the dogs to be picked over and handed off to a sub-par company with a poor track record. Poor practices like these are what directly lead to a housing crisis.
Company Response:
State: MO
Zip: 65802
Submitted Via: Web
Date Sent: 2020-07-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-24
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/20 In regards to CARE ACT I was advised my FHA loan that is current was not an option rather I was advised by my mortgage company PPH. I was told by resolution team XXXX XXXX I only eligible for their 3 month forberance offer by phh.
Company Response:
State: TX
Zip: 780XX
Submitted Via: Web
Date Sent: 2020-07-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have been dealing with Ocwen Loan services for some time now, I originally had issues in XXXX when I had to try and secure a modification. I applied for a government HAMP modification and was denied 3 times with a reason of Ocwen stating that they couldn't prove that I lived at the property however they never sent anyone to verify. I was inclined to take one of their modifications that completely changed my mortgage terms. We have had 3 modifications with them over the years. The most recent in XXXX, I was asked to make payments on time at my regular rate for 5 months in which I did. The modification was completed in XXXX of XXXX. I continued paying at the same payment rate every month following with an escrow account in tact that was for my property taxes and my insurance that I had had for 15+ years. XXXX of XXXX I was contacted by the XXXX XXXX XXXX office that I owed for my property taxes and my Insurance company cancelled my home owners insurance due to non payment. I was unable to reinstate the Insurance or obtain Insurance through another company on my own. I was told that the servicer I had been transferred to PHH Mortgage Services was a partner of Ocwen and I was 2 months behind on my mortgage and they didnt have any record of my escrow account because Ocwen hadn't sent all of my loan documents to them at that point, yet I was still making the same payment with the escrow included. I was told I missed XXXX and XXXX payments in which I hadn't because I also purchased a car that year in XXXX. I was forced to pay a reinstatement fee on my loan of around XXXX and after doing so I was still 2 months behind and cant catch up. They then took out their own insurance on the property. In XX/XX/XXXX I had a tree fall on my house, I removed it myself and had heavy damage to the roof and back porch areas. I paid for materials to shore it up, the insurance adjuster came out and promptly sent me a check for the damages for XXXX, it was made out to me and PHH Mortgage. I called several contractors to estimate the job of repairs and none would touch it because PHH was holding the money and wanted to do a monitored release of funds. I have found a contractor however the paperwork trail is very extensive and they wont release the funds that they have already deposited into their account, I still do not have the repairs made on my roof because of the process they are using to get the funds.
Company Response:
State: NC
Zip: 28715
Submitted Via: Web
Date Sent: 2020-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am submitting this complaint against PHH mortgage because, based on their history of refusing to communicate with me and sending correspondence to the wrong address I feel this may be the only way I can get information. I have also submitted notices of error to PHH with these concerns and a printout from my bank of all cashiers checks issued to PHH and the dates they cleared my bank. I recently discovered that PHH has applied only two of the payments I have made since XX/XX/2019 to my account. All of these payments have been made with cashiers checks so money has already been taken from my account, however only two of those checks have cleared my bank. None of the checks have been returned to me so as of today almost {$15000.00} of my money is missing. According to the information I have obtained from PHH my account balance has increased by almost XXXX since I signed a modification agreement in XXXX oXXXX XXXX. I believe this is because my payments have not been credited to my account and fees were improperly added to my account because of this. PHH recently began foreclosure proceedings because of a series of their own errors and because of that I was forced to apply for a new modification to stop the foreclosure. This new modification is based on the inaccurate account balance that has been determined based on their failure to properly apply my payments. I would like all of those payments immediately credited to my account or returned to me. Once the payments have been properly applied and fees added to my account because of PHHs errors removed, I believe I should be offered a new, affordable modification based on accurate information.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 808XX
Submitted Via: Web
Date Sent: 2020-07-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Account Number : XXXX. Property Address : XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Utah XXXX. On XX/XX/2020, I paid off my mortgage to PHH Mortgage Services. However, they did not recognize my pay off until XX/XX/2020. In the meantime they were billing me for another payment. After, and only after filing a complaint with CFPB did the company respond and fix the problem. Now they will not release their lien on the property. One of their letters stated that it may take up to six months to release it. So, I contact the XXXX XXXX County Recorder to find out if they were back logged on recording mortgage lien releases. They informed me that they were not and that the delay was with PHH. So, I contacted PHH again, who informed me that it would take up to 30 days from XX/XX/2020 " for the release to be completed and submitted to send the SATISFACTION DOCUMENT to the County for recording. '' Interestingly, the date of their letter was XX/XX/2020, which was already more than 30 days. I have contacted the XXXX XXXX XXXX recorder three times ( the last time today XXXX ) and was informed that they have not received any documentation from PHH to release the lien on my property. As always, there is no sense of urgency until one files a complaint against them. All I want to do is clear this lien. I was a perfect customer. Not once was I late on my payments. Many times my payment was paid early. I truly appreciate your help in the past and have confidence that you can help me again. Thank you.
Company Response:
State: UT
Zip: 84116
Submitted Via: Web
Date Sent: 2020-07-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I engaged the XXXX XXXX XXXX firm to help me work out a modification. PHH Mortgage still tried to foreclose. They tried to serve someone at my house today.
Company Response:
State: CO
Zip: 80130
Submitted Via: Web
Date Sent: 2020-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-23
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Ocwen was previously my mortgage company and has reported multiple late payments on my credit report. In XX/XX/2019, PHH Mortgage became my new servicer. I have appealed to Ocwen to correct this incorrect information, which is interfering with my ability to get a new mortgage, but they said they can not because they no longer service my mortgage. PHH refuses to correct this information because they said they were not my servicer during this period. I need Ocwen to immediately correct this incorrect mortgage information with the three credit reporting agencies immediately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DC
Zip: 200XX
Submitted Via: Web
Date Sent: 2020-07-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A