Date Received: 2020-07-15
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I modified my mortgage in XXXX as a part of it make home affordable program. As part of the program {$120000.00} balloon payment was going to be added to the end of my mortgage maturity date in XXXX. I would not of this payment until maturity date of XXXX. It would not be a part of my principal balance that is due, or owed, or outstanding. Not until the year XXXX. Therefore I had a principal balance and then I would have a final balloon payment that would not hit maturity until The year XXXX. For almost a decade with two former mortgage companies homeward residential and Ocwen mortgage servicing, they reported to all the major credit bureaus exactly the way that it was supposed to be reported which would be my principal balance that is outstanding and due. Then it would show that I have a payment of XXXX not due until the year XXXX. It would not go against my outstanding income/debt utilization. All of my payments have been paid on time and are perfect. My credit score reflected as such XXXX me a very good XXXX credit score. In XX/XX/XXXX a new mortgage company PHH bought my mortgage from awkward and for whatever reason started reporting that I owe my principal balance plus my one time balloon payment that is not due yet until XXXX. PHH started reporting to major credit bureaus that both principal and maturity balloon payment were due immediately And instantly grenade in my hard earned almost perfect credit score. Costing me thousands and thousands of dollars in interest rates from other credit entities based upon my new credit score that PHH is now affecting. PHH is only holds my mortgage for a little over a year but has made my credit score dropped to at one point a XXXX beacon score, from a XXXX beacon score. It is 100 % because PHH is incorrectly reporting that I owe and half outstanding {$210000.00} in principal mortgage payment when in reality you take that XXXX maturity payment off and my principal balance should be in the range of XXXX due at this time. That is exactly how to different mortgage companies prior to PHH reported correctly on how my make home affordable modification should be presented to the credit bureaus. I have spoken to PHH on multiple dates and I have disputed how PHH is reporting what I owe and that it is false and not true and that it is most importantly costing me thousands of dollars in interest fees because of their inconsistent and unprofessional way of doing business. In fact their escalation manager even said to me today XX/XX/XXXX that the prior to mortgage companies since XXXX have gone out of business because of how they did business and that PHH is not obligated to adhere to the modification of my XXXX mortgage and they have every right to combine my principal balance and my balloon payment that is not due yet and consider them outstanding and report the two balances as one even if it is negatively affecting my credit. They even said that I have a choice if I want to hire an attorney which I shouldnt have to because it is their business practices and their bottom line that they are putting that is the problem. I have disputed it multiple times with all three credit bureaus and PHH has put out a statement stating that the dispute has been worked out and it 100 % has not nor has it even changed. They are reporting the wrong amounts to the credit bureaus. As of right now but they should be reporting is my principal balance that is crewing interest bearing. And they should not be reporting {$120000.00} balloon payment That has not hit its maturity date yet. It is called maturity date because its gon na take time to get to that point where I owe it. In laymans terms it should not be going to get my credit and income to debt ratio until the year XXXX when it will finally be due. All Im asking PHH in regards to this matter is to please report my principal balance that is current just like the previous two mortgage companies for the past decade have reported my principal balance which is the balance not including the one time balloon payment. They should only be reporting my principal balance in and around the sum of {$84000.00} which is what I have been faithfully paying and have not missed any payments. I just want my credit score to be restored to what it was prior to PHH paying my mortgage without my knowledge or consent. I would like PHH to please report the correct way according to the modification.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33418
Submitted Via: Web
Date Sent: 2020-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-15
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My lender PHH Mortgage Services is not complying with the CARES Act. They are offering only a forebearance, and limit it to 3 months after which the entire backlog of payments is due in one lump sum. I am demanding my full 6 month ( or more ) forebearance provided for under the CARES Act, added on to the end of my loan with no additional fees or trickery.
Company Response:
State: CA
Zip: 959XX
Submitted Via: Web
Date Sent: 2020-07-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-15
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: The letter dated XX/XX/XXXX that was uploaded to the Consumer Financial Protection Bureaus ( CFPB ) website on XX/XX/XXXX by XXXX XXXX XXXX XXXX XXXX c/o PHH Mortgage Services ( PHH ), Ocwen Financial Corp. and Ocwen Loan Servicing, LLC ( hereafter collectively referred to as " Ocwen '' ) displays the foregoing parties continued and willful engagement in unfair, deceptive and unlawful debt collection practices in violation of the consent judgments entered on XX/XX/XXXX and XX/XX/XXXX in the U.S. District Court for the District of Columbia under Cas No.s 1:13-cv-02025-RMC and 1:18-cv-00009-TFH, and false statements to a Federal Agency in violation of 18 U.S.C. section 1001. In particular, the foregoing parties continue to falsely declare that I defaulted by not making a payment due for XX/XX/XXXX which contradicts the statements made by Ocwen 's affiliate company and predecessor upon commencing foreclosure for the same transaction by complaint filed on XX/XX/XXXX ( the same day my husband died ) under Docket No. : XXXX wherein the default is declared as of XX/XX/XXXX and no payments were made for the months following and through XX/XX/XXXX. Furthermore, the foregoing parties continue to 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. Lastly, the foregoing parties refuse to comply with my request and demands made pursuant to 15 U.S.C. 1962 ( g ), 12 U.S.C. 2605 ( e ) & 15 U.S.C. 1601 et seq., and 15 U.S.C. 7021 ( f ), by omitting and failing to forward the following : Proof and validation as to the existence of the XXXX XXXX XXXXXXXX XXXX XXXX. The original loan application and file in its entirety. Date the subject account became payable. Certified, true and correct copy of the of the Notice of New Creditor sent to me by the creditor or the latters authorized agent ( s ) that you claim is legally entitled monies for the disputed debt as required by 15 U.S.C. 1641 ( g ). Date of default and acceleration ( if applicable ) for the subject account. Certified, true and complete accounting for the subject account from the first payment applied to present date. Certified, true, complete and itemized statement of any and all arrearages including each month in which the alleged default occurred, and the amount of each monthly default for the disputed account. Complete and itemized statement of any late charges to this disputed account from the origination date to present date. Complete and itemized statement from the origination date to the present for any fees incurred to modify, extend, or amend the disputed account or to defer any payment due under the terms of the disputed account. Current amount needed to pay-off the subject account in full. Current amount needed to reinstate the subject account in full, if it is not current. Certified, true, complete and itemized statement of all advances or charges against the subject account applied for any purpose. Certified, true, complete and itemized statement of the escrow account for the subject account, if any, from the inception of the subject account to the date of this letter, including, but not limited to, any receipts or disbursements with respect to real estate property taxes, fire or hazard insurance, flood insurance, mortgage insurance, credit insurance, or any other insurance product. The names and addresses for the certificate holders for XXXX XXXX XXXX claiming ownership rights to repayment of the subject account number. A certified true and correct Authoritative Copy of the transferable record assigned MIN XXXX and made part of the above referenced account number in dispute, as required upon demand made pursuant to 15 U.S.C. 7021 ( f ). Proof of mailing denial of modification letter dated 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: 2020-07-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-15
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: The letter dated XX/XX/XXXX that was uploaded to the Consumer Financial Protection Bureaus ( CFPB ) website on XX/XX/XXXX by XXXX XXXX ( XXXX ) c/o PHH Mortgage Services ( PHH ), Ocwen Financial Corp. and Ocwen Loan Servicing, LLC ( hereafter collectively referred to as " Ocwen '' ) displays the foregoing parties continued and willful engagement in unfair, deceptive and unlawful debt collection practices in violation of the consent judgments entered on XX/XX/XXXX and XX/XX/XXXX in the U.S. District Court for the District of Columbia under Cas No.s 1:13-cv-02025-RMC and 1:18-cv-00009-TFH, and false statements to a Federal Agency in violation of 18 U.S.C. section 1001. In particular, the foregoing parties continue to falsely declare that I defaulted by not making a payment due for XX/XX/XXXX which contradicts the statements made by Ocwen 's affiliate company and predecessor upon commencing foreclosure for the same transaction by complaint filed on XX/XX/XXXX ( the same day my husband died ) under Docket No. : XXXX wherein the default is declared as of XX/XX/XXXX and no payments were made for the months following and through XX/XX/XXXX. Furthermore, the foregoing parties continue to 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. Lastly, the foregoing parties refuse to comply with my request and demands made pursuant to 15 U.S.C. 1962 ( g ), 12 U.S.C. 2605 ( e ) & 15 U.S.C. 1601 et seq., and 15 U.S.C. 7021 ( f ), by omitting and failing to forward the following : Proof and validation as to the existence of the XXXX of XXXX XXXX XXXX. The original loan application and file in its entirety. Date the subject account became payable. Certified, true and correct copy of the of the Notice of New Creditor sent to me by the creditor or the latters authorized agent ( s ) that you claim is legally entitled monies for the disputed debt as required by 15 U.S.C. 1641 ( g ). Date of default and acceleration ( if applicable ) for the subject account. Certified, true and complete accounting for the subject account from the first payment applied to present date. Certified, true, complete and itemized statement of any and all arrearages including each month in which the alleged default occurred, and the amount of each monthly default for the disputed account. Complete and itemized statement of any late charges to this disputed account from the origination date to present date. Complete and itemized statement from the origination date to the present for any fees incurred to modify, extend, or amend the disputed account or to defer any payment due under the terms of the disputed account. Current amount needed to pay-off the subject account in full. Current amount needed to reinstate the subject account in full, if it is not current. Certified, true, complete and itemized statement of all advances or charges against the subject account applied for any purpose. Certified, true, complete and itemized statement of the escrow account for the subject account, if any, from the inception of the subject account to the date of this letter, including, but not limited to, any receipts or disbursements with respect to real estate property taxes, fire or hazard insurance, flood insurance, mortgage insurance, credit insurance, or any other insurance product. The names and addresses for the certificate holders for GSAMP Trust 2007-NC1 claiming ownership rights to repayment of the subject account number. A certified true and correct Authoritative Copy of the transferable record assigned MIN XXXX and made part of the above referenced account number in dispute, as required upon demand made pursuant to 15 U.S.C. 7021 ( f ). Proof of mailing denial of modification letter dated XX/XX/XXXX.
Company Response:
State: TX
Zip: 76543
Submitted Via: Web
Date Sent: 2020-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-15
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan was originally through XXXX and I recently went through a REFI via XXXX XXXX XXXX. PHH became the new servicer effective XX/XX/2020 which I was only notified 7 business days prior to effective date and 1st payment due date of XX/XX/2020. On XX/XX/2020 I attempted to make my 1st payment to PHH mortgage both via online and then over the phone and neither option was available to me as my account was not fully setup. I was then instructed by the representative to call back at a later date to process and I had until the XXXX of XXXX as part of the grace period to do so. I then spent over 2hrs on a call trying to obtain resolution with no luck. Thanks, XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92570
Submitted Via: Web
Date Sent: 2020-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-15
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Was with OCWEN NOW PHH. My town added a one time betterment charge of {$1400.00} to XX/XX/2019 tax bill. PHH raised my escrow from {$480.00} to {$880.00} per month. I paid until {$1400.00} was repaid and went back to original amount. PHH PUTS ME ON HOLD AND THEN HANGS UP OVER AND OVER. Act # XXXX
Company Response:
State: MA
Zip: 02346
Submitted Via: Web
Date Sent: 2020-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-15
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: We were discharged from our Ch. XXXX Bankruptcy in XX/XX/2020, our mortgage company PHH reported to the credit bureaus in XX/XX/2020 that our mortgage was {$280.00} dollars past due for over 180 days ( which would fall when we were in bankruptcy ), but when they reported this they had not reconciled our mortgage account from the bankruptcy, once they reconciled our account ( XXXX XXXX ) it was current, nothing past due. So Phh mortgage had our money in one of the accounts but had not applied it to where it needed to be before they reported negatively to the credit bureaus.
Company Response:
State: MI
Zip: 493XX
Submitted Via: Web
Date Sent: 2020-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-14
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My original loan was through XXXX. It was sold to XXXX & now Im stuck with PHH Mortgage. I was unaware of the many problems with this company until they sent a letter dated XX/XX/2020 claiming that FEMA had recently mapped my property into a Special Flood Hazard Area. I thought it must be a scam since I live on a hill. They are force placing flood insurance, even though I have sent many documents showing I am not in the XX/XX/2020 FEMA SFHA. I have applied for a LOMA from FEMA, but I did not do this from the beginning because FEMAs updated online map clearly shows my property in a low flood risk area. PHH wants me to provide an Elevation Certificate at my expense which I am unable to procure anyway because it can not be done for a property that is not in a flood zone according to XXXX XXXX at XXXX XXXX XXXX XXXX, surveyor XXXX XXXX XXXX XXXX County Flood Plain Administrator, XXXX XXXX. I have provided my correct Community #, property ID # s, my Recorded Deed as well as other documents including a flood determination & property exhibit from XXXX, maps from engineers & my appraisals from the XXXX County Appraisal District. PHH is refusing to send a flood determination to XXXX so that I may purchase insurance from the provider of my choice. I started asking for this document on XX/XX/XXXX when I first learned it was needed in order to even get a quote for the high risk flood insurance. XXXX requires this document when a mortgage company claims a property is in a different zone than what XXXX & FEMA states. It is nearly impossible to get a live person on the phone at XXXX. I have been passed from agents to managers to supervisors to researchers with great difficulty on my part to even get past the first call-taker. They rarely call back, they have given me direct lines that are not answered & /or disconnected. Employees that have promised to see my case throughare suddenly no longer with the company. All of this easily took the 45 days they gave me to either dispute my case or purchase my own insurance before they choose their own & start charging me for it. Now they are charging me for insurance that I have no proof that is needed, do not know what company is providing it or what it covers. XXXX is aware that I have lost my job due to COVID & that this policy abuse will make it more difficult for me to continue to pay my mortgage. I have never been late or missed a payment. I would have refinanced a month ago to be free of XXXX if I were able to.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have called them for the past 3 months due to them misapplying my payments and come the due date, it shows Im past due. I have over paid by what is due each month and have called in but i have to do this each month even though I have been told this would be corrected. It still has not been corrected and I still have to call in to avoid late charges. I already told them last time I dont want to call in each month, this has already been escalated to their emr department. Their emr department was to call me by Friday. A phone number was provided but apparently they didnt use phone number provided and used home phone number and they mentioned someone picked up amd hung up on them. Really? I attempted today to call XXXX who was to be the emr rep assigned. He wasnt available so i chose to leave a message however after the automated system transferred me to his mailbox, his mailbox is full and cant accept new messages so it then disconnected me. This whole thing is beyond frustrating. I called into customer service and they said they need to transfer me to an emr rep. I spoke with a XXXX. He claims that he will address this and have taken care of once and for all, however being as what i have went through thus far you can see my frustration and lack of confidence that this will be rectified. This is now my 3rd complaint about them.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: PA
Zip: 171XX
Submitted Via: Web
Date Sent: 2020-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-13
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: By way of 17 packages forwarded by mail to New Jersey address, true copies of the envelopes are enclosed hereto as Exhibit A, XXXX XXXX XXXX XXXX XXXX XXXX c/o PHH Mortgage Services ( PHH ) : 1. Continued its practice of falsely addressing the Estate oXXXX XXXXXXXX XXXX XXXX as displayed on page one the communication dated XX/XX/XXXX enclosed hereto as Exhibit B when, at all relevant times, my husbands name was never XXXX XXXX XXXX and my husbands estate has no rights to the subject property by operation of N.J.S.A. 46:3-17.2 upon his death on XX/XX/XXXX. 2. On page two of said communication dated XX/XX/XXXX, XXXX XXXXXXXX and PHH falsely responded to my complaint regarding the XX/XX/XXXX trial modification for the subject account by enclosing an alleged denial letter from Litton Loan dated XX/XX/XXXX annexed hereto as Exhibit C, that is addressed to my already deceased husband ( as of XX/XX/XXXX ) and declares in relevant part that : you failed to properly endorse or notarize the original Loan Modification Agreement and / or return the required funds, and the time frame to complete the modification has expired.. I, however, aver that the foregoing letter constitutes mail fraud in violation of 18 U.S.C. section 1341 because : ( i ) I do not recall receiving any such communication from Litton Loan and hereby demand proof of mailing ; and ( ii ) the letter communications from my prior attorneys at XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX dated XX/XX/XXXX and XX/XX/XXXX enclosed hereto as Exhibit C1 confirms communications with Litton Loan wherein the latter received my XX/XX/XXXX and XX/XX/XXXX trial modification payments along with an executed agreement as demanded by Litton Loan without any objections or refusals based upon an alleged lack of acknowledgment. 3. On page two of said communication dated XX/XX/XXXX, XXXX XXXX and PHH acknowledged the foreclosure action commenced by Litton Loan the same day my husband died on XX/XX/XXXX under Docket No. : XXXX and the acceleration of the underlying mortgage loan because of non-payment for XX/XX/XXXX. A copy of the complaint filed the same day my husband died on XX/XX/XXXX under Docket No. XXXX XXXX and the voluntary dismissal of the action filed on XX/XX/XXXX are enclosed hereto as Exhibit D. 4. On page two of said communication dated XX/XX/XXXX after acknowledging the aforementioned action commenced by Litton Loan the same day my husband died on XX/XX/XXXX under Docket No. : XXXX, XXXX XXXX and PHH proceeded by stating the subject account was referred to foreclosure on XX/XX/XXXX because the account was past due for the XX/XX/XXXX, which is a false and deceptive statement because : ( i ) as of the alleged foreclosure referral on XX/XX/XXXX, the subject account was already in an active foreclosure under Docket No. : XXXX wherein Litton Loan declared a default as of XX/XX/XXXX ; ( ii ) no payments were made by my late husband and I for the months due XX/XX/XXXX through XX/XX/XXXX while my husband was still alive ; ( iii ) no payments were made by me after my husbands death on XX/XX/XXXX for the months due XX/XX/XXXX through XX/XX/XXXX ; and ( iv ) I forwarded Litton Loan approximately {$21000.00} in mortgage payments for the months XX/XX/XXXX through XX/XX/XXXX, with Litton Loan cashing approximately {$16000.00}, true copies of which are enclosed hereto as Exhibit E. 5. On page two of said communication dated XX/XX/XXXX, XXXX XXXX and PHH proceeded by stating they are represented by XXXX XXXX XXXX XXXX XXXXXXXX XXXX ) in Docket No. : XXXX wherein XXXX XXXX have yet to declare themselves to be counsel for XXXX XXXX and PHH in the aforementioned foreclosure action and neither XXXX XXXX or PHH are parties named in the aforementioned foreclosure action. 6. On page two of said communication dated XX/XX/XXXX, XXXX XXXX and PHH reference to an alleged Litton Loan Payment History and Ocwen Payment Reconciliation History ( PRH ) that are enclosed hereto as Exhibit F, both of which are defective and false upon : ( i ) the Litton Loan history is out of sequence, provides an incomplete history for dates in the year XXXX through begins XX/XX/XXXX, while omitting all payments of principal and interest that I made from the inception of the subject account through XX/XX/XXXX ; and ( ii ) the Ocwen history starts as of XX/XX/XXXX, while omitting all payments that I made from the inception of the subject account through XX/XX/XXXX. 7. On page three of said communication dated XX/XX/XXXX, XXXX XXXX and PHH falsely and deceptively declared that : As of the date of this letter, the account is past due for XX/XX/XXXX payment., which : ( i ) falsely implies that payments were made by my late husband and I for the months due XX/XX/XXXX through XX/XX/XXXX while my husband was still alive ; ( ii ) falsely implies that payments were made by me after my husbands death on XX/XX/XXXX for the months due XX/XX/XXXX through XX/XX/XXXX ; and ( iii ) conceals approximately {$21000.00} in mortgage payments for the months XX/XX/XXXX through XX/XX/XXXX that I forwarded to Litton Loan wherein approximately {$16000.00} of those payments were cashed ( See Exhibit E ). 8. XXXX XXXX and PHH enclosed with their communication dated XX/XX/XXXX, a note instrument certified to be a true copy of the original signed by my husband on XX/XX/XXXX in favor of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as the lender, wherein : ( i ) I aver that some authored and forged by husbands name, alleged signatures and initial displayed throughout the instrument ; and ( ii ) the instrument remains payable to XXXX XXXX XXXX without any indorsements. A copy of the un-indorsed not instrument forwarded to me by XXXX XXXX and PHH along with the Notice of Right to Cancel communication that follows the last page of the note instrument enclosed within the XX/XX/XXXX letter is annexed hereto as Exhibit G. 9. XXXX XXXX and PHH enclosed with their communication dated XX/XX/XXXX, an instrument titled CORPORATE ASSIGNMENT OF MORTGAGE annexed hereto as Exhibit H that is defective ( at best ) and a forgery ( at worst ) because : ( i ) XXXX XXXX XXXX, XXXX. as the alleged successor by merger to XXXXXXXX XXXX XXXX. XXXX XXXX XXXX XXXX, as the alleged Trustee under a purported Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX with an alleged address of XXXX XXXX XXXX XXXX, FL XXXX is misrepresented to be the assignor of my mortgage without any mention of a transfer of the note, and the alleged transfer would constitute tax fraud in violation of 26 U.S.C. 860 et seq. ; ( ii ) XXXX XXXX XXXX XXXX as the alleged successor in Interest to XXXX XXXX XXXX XXXX XXXX as the alleged successor by merger to XXXX XXXX XXXX as the alleged trustee for XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series 2007-NC1 under the alleged care of PHH Mortgage Corporation at XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX, is falsely declared the assignee of my mortgage ( without any mention of a transfer of the note ) on XX/XX/XXXX, which further constitutes tax fraud in violation of 26 U.S.C. 860 et seq., and there is no proof of agency to ascertain PHH Mortgage Corporation was given a power of attorney from XXXX XXXX XXXX XXXX ; ( iii ) the alleged date of transfer on XX/XX/XXXX is after the foreclosure action under Docket No. : XXXX was commenced on XX/XX/XXXX ; ( iv ) the name and alleged signature of XXXX XXXX XXXX as the alleged Assistant Vice President for XXXX XXXXXXXX XXXX, XXXX. as the alleged successor by merger to XXXX XXXX XXXX. XXXX XXXX XXXX XXXX, as the alleged Trustee under a purported Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX constitutes the crime of fictitious name in violation of 18 U.S.C. section 1342 and forgery because, at all relevant times, XXXX XXXX XXXX was employed by Ocwen and / or PHH along with the Florida Notary Public XXXX XXXX rendering the latters acknowledgement false. Separate and aside from the foregoing false and deceptive statements, and false evidence enclosed within the XX/XX/XXXX communication from XXXX XXXXXXXX and PHH, the foregoing parties along with Attorneys XXXX continued to illegally demand monies using false and / or forged evidence for the subject account that became time barred under N.J.S.A. 12A:3-118, 2A:50-56.1 ( a ) and 2A:14-1 as of XX/XX/XXXX because of the acceleration pursuant to N.J.S.A. 46:9-6 as declared within the foreclosure complaint filed the same day my husband died on XX/XX/XXXX under Docket No. : XXXX XXXX See Exhibit D ). Furthermore, XXXX XXXX and PHH continue to deceptively ignore by not answer by request and demands by communication dated XX/XX/XXXX that is enclosed hereto as Exhibit XXXX and 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 ). Lastly, XXXX XXXX and PHH continue to document and prove their right to enforce and foreclose upon the subject account when XXXX XXXX XXXX was the original lender and became a bankruptcy debtor as of XX/XX/XXXX in the U.S. Bankruptcy Court for the District of Delaware under Case No. XXXX ( KJC ).
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: 2020-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A