Date Received: 2020-07-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In addition to moving ahead with the process of foreclosing on my property during a statewide freeze on Evictions and Foreclosures that is still in effect ( https : XXXX ) I believe my mortgage servicer, PHH Mortgage ( or XXXX XXXX XXXX ) is also violating several provisions of the California Home Owners Bill of Rights, and Fair Debt Collection Practices Act. I have been preparing a list of these potential violations and tried to confront them over the phone about the rules they seem to be breaking, but I get no response from them and they continue moving forward with attempting to foreclose. POSSIBLE HOME OWNERS BILL OF RIGHTS VIOLATIONS Notification of foreclosure-prevention options : Your servicer must try to contact you at least 30 days before starting the foreclosure process to discuss your financial situation and explore your options to avoid foreclosure. Your servicer can then start the foreclosure process by recording a notice of default in the county where your home is located, and will then send you a copy within 10 business days. Within 5 days of recording a notice of default, your servicer must generally give you information about options to avoid foreclosure that may be available. ( Civil Code sections 2923.55, 2924.9 ) I was never contacted by my servicer. I logged on to my online account to make a payment for XX/XX/XXXX on XX/XX/XXXX, but I was blocked from making payments thru the site and given a phone number to call. I called the number and spoke with somebody that claimed my account was blocked because my account was delinquent and that I owed around {$4100.00}. I was told that if I attempted to send a check for my payment for any amount less than the {$4100.00}, that it would be returned. I immediately said that I would like to dispute the amount she was telling me I owed because, in my estimation, theres no way it could be that much. Reviewing my available payment history on the servicers site, it looked like I had missed 2 payments ( each payment is under {$800.00}, so there was about a {$2500.00} difference between the amount I was told was past due and the amount I could verify on their site that I owe. At this point, I was asked if I would like to review my finances and see what my foreclosure prevention options are. I agreed and she began to interview me. After about 15 minutes, I was told that they were sending me an application packet in the mail that I needed to fill out and send back, but that it looked like I may qualify for a forbearance plan. I waited for the application to arrive, but it never did. Instead I received a NOTICE OF DEFAULT. This means that after going out of my way to contact my servicer, ask for help and spend 15 minutes going over my finances to qualify for some kind of foreclosure prevention option, my servicer went ahead and recorded a NOTICE OF DEFAULT anyway. Guaranteed single point of contact : If you ask for a loan modification or other foreclosure-prevention option, your servicer must assign you a specific person or team who can walk you through application requirements and deadlines, knows the facts and status of your application, including missing documents needed to complete your application, and can get you a decision on your application. ( Civil Code section 2923.7 ) My so-called relationship manager and I have a definite language barrier. We had a very difficult time understanding each other and she had a super noisy phone line that made her sound like she was in a blizzard. We spoke only the one time I called ( when I was blocked from making my regular payment on XX/XX/XXXX ) and spent about an hour going over my finances with her and asking for help. I was promised I would get some forms in the mail to fill out for mortgage relief assistance that I never received. I have called her multiple times and been unable to reach her. The last time this happened, I decided to hold and wait for someone else to take my call because I needed answers about my application never arrivinand the NOTICE of DEFAULT that I received. The person I spoke with knew NOTHING about my situation and explained that they are not a relationship manager, but just trying their best to help me. Acknowledgment of application : If you apply for a loan modification, your servicer must notify you within five business days of any missing information, other errors, and deadlines for completing your application. ( Civil Code section 2924.10 ) SInce I did not receive the foreclosure prevention application I was promised, I went ahead and applied directly on my servicers website for a modification of my loan on XX/XX/XXXX. I have not received any response or acknowledgement for my application. Restrictions on dual tracking : Your servicer must generally pause the foreclosure process while it is making a decision on your completed loan-modification application and until after it gives you time to appeal a denial. It also can not foreclose on you while you are complying with the terms of an approved loan modification, forbearance, repayment plan, or other foreclosure-prevention option. ( Civil Code sections 2923.6, 2924.11 ) After requesting help on XX/XX/XXXX and being promised that a foreclosure prevention application would arrive in the mail for me to fill out that never arrived. I went ahead and applied directly on my servicers website for a modification of my loan on XX/XX/XXXX. I have not received a response either, but I did receive a NOTICE OF DEFAULT postmarked on XX/XX/XXXX. Denial rights : If your servicer denies your loan-modification application, it must state its reasons and identify other possible foreclosure-prevention options in writing. It must also give you a chance to appeal the denial. You may submit a new loan-modificati application if you have had a material change in your financial situation since the last application. ( Civil Code section 2923.6 ) If my load modification application from XX/XX/XXXX has been rejected, then the reason for its rejection has not been given to me. I believe my servicer has also violated parts of the Fair Debt Collection Practices Act : Communication with third parties is prohibited : revealing or discussing the nature of debts with third parties ( other than the consumer 's spouse or attorney ) [ 24 ] ( Collection agencies are allowed to contact neighbors or co-workers but only to obtain location information ; .25 ] ) The NOTICE OF DEFAULT I received was also sent to my parents address for some strange reason. Neither of my parents are listed on or have anything to do with my mortgage. They dont own any part of the property in question, and I have SPECIFICALLY requested that they DO NOT CONTACT MY PARENTS last time they attempted to foreclose my property back in XXXX. I explained back then that the property they are trying to foreclose is my primary ( and only ) residence, so thats the only address they should ever send anything to. They apologized but now that they are trying to foreclose again, they are sending all of these sensitive documents to my parents once again. My father is XXXX and he has just recovered from XXXX and a bad case of XXXX that might have been caused by the XXXX. My father and I have the same name. So when the oversized envelope that contained my NOTICE OF DEFAULT arrived in his mailbox, he thought it was a letter for him, which he then opened. My mother told me that when he opened it and saw that it was a NOTICE OF DEFAULT, he nearly had a XXXX XXXX. When they figured out that it was intended for me, they both began to panic and I received a call from them. In short, if I had to choose a third party that I do not want ANY of my private financial information shared with ( whether the information is accurate or not ) it would definitely be my parents. Without going into detail, sharing private financial information in general and sending them a copy of my NOTICE OF DEFAULT in particular has made my life and interactions with them a living XXXX. My servicer has no right to do this. *Harassment? I should also mention that the NOTICE OF DEFAULT that I received ( along with my parents ) did not arrive in my mailbox alone. The Notice is mailed as part of a 10+page packet in an oversized 8 x 12 envelope. This is common, Im sure. However, I received 17 of these oversized envelopes all postmarked and arrived on the same day. Im surprised they were able to all fit in my mailbox, but of course, this left no room for other mall that day. I first assumed that each of the 17 packets contained something unique, but I quickly discovered that they ALL CONTAINED THE EXACT SAME INFORMATION AND NOTICE OF DEFAULT. As we have already gone over, I believe the NOTICE OF DEFAULT should have never been sent to me in the first place ( and definitely not sent to my parents ), but they chose to send me 17 copies on the same day and mailed 2 copies to my parents. If not for the purpose of harassment, why send that many? Why inform my parents, who have nothing to do with this property about my alleged debt? Wrong address appears on the NOTICE OF DEFAULT *The property address that appears on all 19 copies I have received of my THE NOTICE OF DEFAULT is incorrect.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92110
Submitted Via: Web
Date Sent: 2020-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH Mortgage acquired our mortgage several months ago. In early XXXX, we received an email to prove that we had homeowners insurance. This was done via fax on XX/XX/20. Additionally, we submitted the information through their portal. We also called PHH and our insurer. At the same time, we received notice that our homeowners insurance from XXXX XXXX was going to expire on XX/XX/20. It was due XX/XX/20 but it had not been paid by PHH. After multiple phone calls, a fax and online sumbission - PHH issued payment on XX/XX/20. On XX/XX/20, I contacted our homeowners insurance agent and was told that the payment was still not received. In order to prevent cancellation of the policy, I paid {$2200.00} to XXXX XXXX. As of XX/XX/20 - XXXXXXXX XXXX still has NOT received the payment from PHH mortgage. Obviously, PHH collects money monthly for our insurance. How can they be allowed to not pay the insurance in a timely fashion? And it cost us and extra {$2200.00}. Thank goodness we were able to do so - what about people who would be unable to double pay thousands of dollars?
Company Response:
State: OH
Zip: 442XX
Submitted Via: Web
Date Sent: 2020-07-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I currently have a mortgage with XXXX XXXX XXXX PHH Bank ). Two months ago my monthly mortgage payment was decreased because I was overpaying towards the escrow. My account is set up with flex pay in where my mortgagee payments are withdrawn from my account twice a month. PHH bank for the last two month has been charging my mortgage twice. They have charged my account twice for the flex pay and in addition charged the full monthly payment on the XXXX of the month. This has caused me to pay over {$100.00} in overdraft fee 's in my personal checking account and to date I've made XXXX calls to PHH and no one has been able to resolve my issue. I've been dealing with this stress for the past two month with no resolution. Now when I call I get told by the escalation department that one of the supervisors has my case open and they will send her a message to call me back. She should be calling my within 24-48hrs. We are now at 72hrs and I still haven't received a call back. Currently, my mortgage account states that I have a late payment which is not the case. In addition, I've received emails and letters from PHH stating that my account is over due and that they will be charging me a late fee and in addition a return payment fee because one of the payments was returned. I've never paid my mortgage late and/or missed a payment. I went to XXXX XXXX in person to see if anyone can assist me and was informed that the mortgages are handled by PHH and there is nothing they can do for me. I don't understand on how technology is so advanced now a days it has taken 2 months to fix the auto deduction on my account and difficult for me to find someone that can help. Everyone I speak to blames the other person and passes the buck. These past two month has been extremely overwhelming and stressful in trying to get this issue resolved.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 07621
Submitted Via: Web
Date Sent: 2020-07-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH Mortgage bought the mortgage I have from Ocwen XXXX. I am current on my payments, but after 5 years of on time payments, they still have not removed the PMI from payments. If I call, I get benign answers and reading from a " script '' and " apologies ''. I am overpaying by {$120.00} a month, and it was supposed to be removed XX/XX/XXXX. No response, even though I sent letters and called. I have copies of correspondence. I want them to remove the PMI as promised, and the remit a check as promised for the several months of overpayment. ( 7 payments thus far ). OUR LTV is in line, and there is over {$150000.00} of equity in my home. Please ask them to handle this immediately. REMOVE THE PMI!! PHH mortgage is not pleasant to work with.
Company Response:
State: GA
Zip: 30144
Submitted Via: Web
Date Sent: 2020-07-22
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 status incorrect
Consumer Complaint: PHH MORTGAGE REPORTED ME LATE WHEN IT WAS NOT SUPPOSED TO. WHEN I CALLED THEM THEY STATED THEY DID NOT REPORT ME LATE BUT ON MY CREDIT REPORT ALL THREE AGENCY IT SHOWS LATE FOR THE MONTH OF XXXX. I INFORMED THEM THE GOVERNOR OF Maryland stated Gov. XXXX XXXX announced substantial economic relief on Friday for residents hurt financially by the challenges of the COVID-19 pandemic. An executive order from the governor temporarily prohibits mortgage lenders from initiating the foreclosure process. Nearly 70 of the states banks and financial institutions have agreed to a program to provide a 90-day forbearance and deferral period on mortgages, he said. During this period, no late fees will be charged, and there will be no negative reporting to credit bureaus. Residents must contact their lender to take advantage of this relief. To avoid the serious health, welfare, and safety consequences that may result if Marylanders lose their housing as a result of COVID-19, it is necessary and reasonable to impose a moratorium on certain evictions and prevent the initiation of residential foreclosures, XXXX executive order reads in part. The order expands to include industrial and commercial evictions and also prohibits the repossession of cars, trucks and mobile homes, XXXX said during Fridays news briefing. XXXX office is also directing the Maryland commissioner of financial regulation to suspend certain lending limits for Maryland banks in some cases in an effort to make more credit available to struggling small businesses. In addition, during this state of emergency, all executive state agencies will suspend debt collection activities. Were going to continue to do everything that we possibly can to help get Marylanders through this, XXXX said. He announced and signed an executive order last month that also protects renters from eviction, if they can demonstrate theyve lost income due to the coronavirus outbreak. Gov. XXXX XXXX announced substantial economic relief on Friday for residents hurt financially by the challenges of the COVID-19 pandemic. An executive order from the governor temporarily prohibits mortgage lenders from initiating the foreclosure process. Nearly 70 of the states banks and financial institutions have agreed to a program to provide a 90-day forbearance and deferral period on mortgages, he said. During this period, no late fees will be charged, and there will be no negative reporting to credit bureaus. Residents must contact their lender to take advantage of this relief. To avoid the serious health, welfare, and safety consequences that may result if Marylanders lose their housing as a result of COVID-19, it is necessary and reasonable to impose a moratorium on certain evictions and prevent the initiation of residential foreclosures, XXXX executive order reads in part. The order expands to include industrial and commercial evictions and also prohibits the repossession of cars, trucks and mobile homes, XXXX said during Fridays news briefing. XXXX office is also directing the Maryland commissioner of financial regulation to suspend certain lending limits for Maryland banks in some cases in an effort to make more credit available to struggling small businesses. In addition, during this state of emergency, all executive state agencies will suspend debt collection activities. Were going to continue to do everything that we possibly can to help get Marylanders through this, XXXX said. He announced and signed an executive order last month that also protects renters from eviction, if they can demonstrate theyve lost income due to the coronavirus outbreak. PHH claims they did not report me late and they did
Company Response:
State: MD
Zip: 206XX
Submitted Via: Web
Date Sent: 2020-07-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-22
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: For 12 years, Bank Ocwen did not let me refinance with another banks because bank Ocwen marked my credit report 2 times in XXXX and XXXX with incorrect information and complicated my life moral and financial. First they made a mistake with my whife name XXXX XXXX XXXX XXXX XXXX, the bank included her name on the title and the mortgage was only in my name XXXX XXXX XXXX XXXX. We bought the house in XX/XX/XXXX and we lost the house in XX/XX/XXXX the Lawyer XXXX XXXX XXXX said for us leave the house, then we back to the house in XX/XX/XXXX because the bank Ocwen didn't take the house back, we don't know why because we don't know how the law with Mortgage works here in USA and I did a modification just in my name The program HAMP save our home in that time.I would like to know if I can have a compensantion for the damages caused unfairly on my credit report because I finished my bankruptcy in XX/XX/XXXX and I aware I have to wait 10 years to do any refinance with another bank but the Ocwen first marked on my credit report that I did bankruptcy in XXXX then he reported in XX/XX/XXXX marked me again said I had banckrupcity and chapter XXXX in that date that is incorrect and this is unfair because in those 10 years I have been always paid my mortgage on a due date just now I'm in the Forbence Plan, I have to start pay the house in XX/XX/XXXX. I have all papers from the Bank and from the Court showing to prove that I'm saying the truth. Bank Ocwen and Bank XXXX worked together against us. The title is on the name of the bank XXXX and I can not make full payment before XXXX, and I can't sell the house either I'm sending all documents about the house and courts by mail. The bank Ocwen stopped reporting to my credit report my payment since XX/XX/XXXX and I have all documents showing the payments until today. I don't have the Title and deed of the house. I tried to refinance the house with another Bank last month and I found that I can't make nothing because of the derogaty, bankruptcy and chapter XXXX marks was reported on my credit report and another bank told me the title is in the name of XXXX XXXX. I will send by mail all the documents tomorrow XX/XX/XXXX. I sent here just small file the rest I will send by mail because they are big file. Could you please help me! Thank you so much!
Company Response:
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-08-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My mortgage was with XXXX lending Loan care originally and I had called them during the COVID Pandemic crisis and let them know I wish to apply for forbearance which they had said they would look into it and has verbally agreed that I would actually be qualified for 180days period and they would discuss closer to 180 days for further extension if need be so due to my financial hardship.But after couple of week my mortgage services was switched to a new company PHH mortgage company.I had to reapply for forbearance again and this time they only gave me 3 months for forbearance and have asked me to do a balloon payment at the end of the period Without giving me any options nor did they discuss any other resolutions. I am not happy with the current service provider and wish to have my original servicer to take care of my mortgage needs.If mortgage companies decide to switch companies amongst themselves there should be some discounts to the consumer as this is a ploy to harass us!
Company Response:
State: CA
Zip: 95403
Submitted Via: Web
Date Sent: 2020-07-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We were having mortgage troubles before the Pandemic, as I am XXXX XXXX and my husband was not getting many hours at work ( now he is XXXX ). I was catching up as often as I could with the mortgage and making several payments at one time, in most cases. I had made a few payments during the pandemic, still trying to catch up. On XX/XX/XXXX I made two payments. By my calculations, I was still behind and needed to catch up with more payments. I saved for few months to be able to do this. I received a letter from XXXX, our mortgage servicer, stating that they were offering a modification ( which I had not applied for ) and that I would have to make the new payment by XXXX It is a trial modification and after three months of on time payments, it is permanent. I have a modification in place from a prior servicer. I wanted to ask some questions, before committing to this. It is now XX/XX/XXXX and I have not heard back from my email, dated XX/XX/XXXX, which was the day after I received the letter. I have some specific questions that I need answered : Mainly, are they including the {$1800.00} in payments I made on the same day as their letter? I just need clarification before accepting and I feel that it is the servicer 's responsibilty to answer these questions before I commit to something that I don't have enough information to understand. I will not be forced into a corner, when I have protections in place to not even have to pay my mortgage right now. I am in Calfornia, in XXXX XXXX county which is in an area with a very high infection rate. I may not be able to continue to work, if the state is shut down like it was previously, so I need clarification. ASAP I will not accept this modification with out adequate information.
Company Response:
State: CA
Zip: 90605
Submitted Via: Web
Date Sent: 2020-08-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This company plays games with consumers in order to collect more money. We contacted the company prior to sending the check for the total amount on our bill. We were told that we owed the amount on the bill and were not told to request a " pay off '' amount. We sent a check for the total amount on the bill and then continued to try to contact the company because our check was not being cashed. We talked to at least XXXX different people at the company before anyone ever told us that our check would not be accepted. XXXX, an escalation XXXX, in fact told us that she had our check and that the account would be paid in full. She followed up with a call to tell us that she had applied it to our account and that it should be updated the next day. It was never updated in our account. Several days later someone else from the company called to tell us that we owed more money due to daily interest charges. Those daily interest charges should not have been applied to our account. They had the full amount due to them on time. Now they say they did not receive our check until XX/XX/XXXX ( they had it by at least XX/XX/XXXX ). None of their documentation stated that it had to be a certified check, but after not cashing our check or applying it to our account the XXXX or XXXX person that we talked to said they would never cash our check or apply it because it was not certified funds. The entire situation was just giving us the run around as they continued to add daily interest charges to our account. We wired a higher amount of money that they eventually quoted us because we did not want our credit to be hit with a late payment like they were threatening. They had the balance in full on time, and they owe us the difference XXXX {$670.00} XXXX back. This company is not honest, reputable, or trustworthy and I would never voluntarily do business with them again. They were never easy to reach, gave us voice mail numbers that were full, and had a different story every time that we talked to them. I paid them more than I owed them in order to preserve my credit, but as far as I am concerned they need to return that money to me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 21122
Submitted Via: Web
Date Sent: 2020-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-21
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: QUESTION : Im told by PHH/Ocwen and XXXX XXXX that they dont know who the registered agent is for the former GMAC Mortgage Corporation. They do know that all of the paperwork/files were transferred to an attorney firm at some point. They are not customer facing or a loan servicer and do not reply to requests for information. Does anyone know who the attorney or law firm that was assigned as the registered agent for the former GMAC Mortgage Corporation? Background : Property with GMAC Mortgage Lien Requesting Discharge : We are seeking a discharge for the original GMAC mortgage and note that was paid in full/satisfied back in XXXX through a loan refinancing through XXXX XXXX XXXX. A discharge was required to be recorded by GMAC in the XXXX County NJ Clerks Office, but they apparently failed to do so and it was not discovered until XX/XX/XXXX when we went to sell the property at XXXX. I'm prevented from transferring clear title to the buyer because of this so I need a discharge immediately. The property at XXXX was sold on XX/XX/XXXX. However, the title company is withholding {$10000.00} in escrow from the sale proceeds until this GMAC mortgage lien is resolved. Overview : XXXX ( husband/wife ) need to obtain a mortgage discharge for a former GMAC Mortgage. During the recent sale of our primary home at XXXX, we were informed by the Title Company ( XXXX XXXX ) and the XXXX County ( New Jersey ) Clerk Records Department that we have a GMAC mortgage shown as outstanding. The original mortgage was with GMAC Mortgage Corp of PA loan # XXXX for {$200000.00} dated XX/XX/XXXX. Borrowers were XXXX. We purchased our newly constructed home at XXXX in XX/XX/XXXX for {$280000.00} financed with a {$200000.00} GMAC mortgage. This original GMAC mortgage dated XX/XX/XXXX was subsequently refinanced in XX/XX/XXXX at a lower interest rate with XXXX XXXX XXXX XXXX # XXXX for {$200000.00}, but apparently the GMAC mortgage was never discharged properly with the XXXX County Clerks Office during the refinancing process. The refinanced {$200000.00} mortgage with XXXX XXXX was apparently sold/purchased by a few banks and eventually was acquired by XXXX XXXX loan # XXXX. XXXX XXXX was holding the loan when XXXX fully paid off the mortgage and XXXX XXXX properly discharged this mortgage with XXXX County Clerks Office.
Company Response:
State: NJ
Zip: 085XX
Submitted Via: Web
Date Sent: 2020-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A