Date Received: 2020-07-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: During XXXX, OCWEN transitioned servicing of all its mortgages ( including mine ) to PHH Mortgage. They shut down access to the OCWEN accounts web site where borrowers would go to get their 1098 forms online. I have NOT received my 1098 for XXXX or for XXXX. My loan was transferred to PHH Mortgage on XX/XX/XXXX and the 1098 form I received from them does not include any of the mortgage interest paid to OCWEN, so it seems that it is being handled as a " loan servicing acquisition ''. I sent a certified letter to OCWEN 's address on my XXXX XXXX to ask for these statements but they have IGNORED the request.
Company Response:
State: CA
Zip: 95062
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: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX and XXXX of XXXX, PHH mortgage reported to the credit bureaus that I had missed two payments of my mortgage. I checked PHH 's system and confirmed through customer service in XXXX of XXXX that I did make attempts to make on-time payments, but there was a system error in processing the payment. Since XXXX, my XXXX checking account was stored in PHH 's system and every month I would login, the account would pre-populate teh account number and i would make my monthly payment. Since XXXX, I was never late with a single payment. PHH customer service confirmed that for an unknown reason, the system dropped a digit off of my bank account number which is why my payments were failing. In XXXX, I had to manually correct the account in their system that was modified somehow by PHH and I paid the account in full to make the mortgage current. In XXXX of XXXX, PHH customer service told me to write a letter explaining the situation ( since it was their fault that the digit of the account had dropped ) and then they would review and correct the blemishes reported to the credit agencies. On XX/XX/XXXX, I submitted a letter to PHH explaining the situation and requesting that the situation be remedied. My request was denied in XX/XX/XXXX, but a letter was never received from PHH explaining why. After months of calling in for more information, i finally was able to reach XXXX ( company ID XXXX ) who was an escalation specialist at PHH. He made two attempts to have the issue resolved and my request granted. The first request was to XXXX ' supervisor XXXX ( company ID XXXX ). XXXX declined my request as no apparent issue was identified - no other information or level of detail would be provided. XXXX then escalated to his technical team. They declined my request bc they said they didnt have widespread reports of issues with their system. I tried to explain to XXXX this was an acute issue, but he said they would not pursue the matter further. This was a system glitch on PHH 's end, they can not explain to me what happened, and have decided to leave the blemishes on my credit even though it's their system that had the glitch. No edits were made by any profile users to my account number. There was no transparency with PHH 's escalation process and no good reason has been provided other than they don't know what caused the issue, so they are blaming me for it.
Company Response:
State: CA
Zip: 92078
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 of XXXX 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 XXXX 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 ) 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 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 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 ) 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 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 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, XXXX XXXX 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 XXXX 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 XXXX and PHH, the foregoing parties along with XXXX 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 ( 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 I 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 XXXX 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: 2020-07-13
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 ) c/o PHH Mortgage Services ( PHH ) : 1. Continued its practice of falsely addressing the Estate of XXXX 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. XXXX upon his death on XX/XX/XXXX. 2. On page two of said communication dated XX/XX/XXXX, XXXX XXXX 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. ( Attorneys 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 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 XXXX for the months due XXXX through 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 XXXXXXXX and PHH proceeded by stating they are represented by XXXX XXXX XXXX XXXX Attorneys XXXX ) in Docket No. : XXXX wherein Attorneys 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 XXXXXXXX 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 XXXXXXXX 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 XXXXXXXX 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 XXXXXXXX XXXX XXXX ( XXXX XXXXXXXX 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 XXXXXXXX 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 XXXX XXXX XXXX XXXX annexed hereto as Exhibit H that is defective ( at best ) and a forgery ( at worst ) because : ( i ) XXXX XXXXXXXX XXXX, XXXX. as the alleged successor by merger to XXXX XXXX XXXX. fka 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 XXXXXXXX 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 XXXX XXXX, XXXX. as the alleged successor by merger to XXXX XXXX XXXX. fka 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 XXXX 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. XXXX, XXXX ( a ) and XXXX as of XX/XX/XXXX because of the acceleration pursuant to N.J.S.A. XXXX as declared within the foreclosure complaint filed the same day my husband died on XX/XX/XXXX under Docket No. : 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 ( 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: 2020-07-13
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 ) c/o PHH Mortgage Services ( PHH ) : 1. Continued its practice of falsely addressing the Estate of XXXX 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 XXXX 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. ( Attorneys 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 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 ( Attorneys XXXX ) in Docket No. : XXXX wherein Attorneys 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 ( XXXX ) 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 XXXXXXXX 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 XXXXXXXX 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 XXXX XXXX XXXX. XXXX XXXX XXXX Bank, 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, XXXX XXXX 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 XXXX 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 XXXX 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 ( 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 I 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: 2020-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-10
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: MY NAME IS XXXX XXXX I WAS DISCHARGED FROM CHAPTER XXXX BK OVER 2 YEARS AGO. SINCE THAT TIME XXXX XXXX IE PHH MORTGAGE NEVER UPDATED MY MTG PAYMENT HISTORY. I AM TRYING TO REFINANCE MY LOAN HOWEVER FOR OVER XXXX WKS SENDING FAXES AND PHONE CALLS VIA XXXX XXXX PHH XXXX XXXX HAS NOT RESPONDED TO MY REQUEST. I AM AT THE END OF REFI PROCESS BUT CAN NOT COMPLETE UNTIL PHH UPDATES MY PAYMENTS. THEREFORE, WE ARE REQUESTING YOUR HELP
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 92336
Submitted Via: Web
Date Sent: 2020-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We have been working with the company since XXXX trying to modify the loan. They denied us and told us the HELOC matures on XX/XX/XXXX and payment is due in full. They sent us the invoice with the amount due on XX/XX/XXXX. We sent them a check for that total amount and sent it certified mail. They received it on XX/XX/XXXX. We called to verify that they had the check and they confirmed that we did and read the check number to us. It is now XX/XX/XXXX, they have not cashed the check yet and we are calling every day to find out status. Each time we call we are told something different about why they have not cashed the check or applied it to our account. Today they said that the check was not for enough money even though we paid the amount on the bill that they sent us! Every single time we call they tell us that they will have to call us back. Nobody from that company has EVER called us back and they won't cash our check!
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: 2020-07-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Summer I became behind on our mortgage payment while in chapter XXXX. We lost 2 subsidies for XXXX children in our care. In XXXX we were able to get back on track. Been paying monthly since. In XX/XX/2020 we received a letter from PHH attorney demanding {$17000.00} with in 10 days or they would release us from our bankruptcy and foreclose on our house. We are XXXX parents with XXXX babies and also XXXX children we have XXXX through XXXX XXXX. My husband and I are essential workers so we continued to work through the pandemic. It was a difficult decision to continue working taking our health and our childrens health at risk. Now PHH wants a large down payment and we have 6 months from that point to pay it off. Are hands are tied but what can we do. We tried to get it stretched further but to no avail. Our bankruptcy attorney wants us to get a third party to help us but with all the layoffs no one we know is in a position to help us.
Company Response:
State: MA
Zip: 01906
Submitted Via: Web
Date Sent: 2020-07-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: 2nd complaint Reference # XXXX I have called everyday and automatically placed on hold for long periods of time TODAY ( 2days before foreclosure ) I am on hold now for 36min and still waiting PHH has set up 3dates for telephone conference which THEY NEVER CALLED CAM YOU HELP PLEASE
Company Response:
State: WA
Zip: 983XX
Submitted Via: Web
Date Sent: 2020-07-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-07-07
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My name is XXXX XXXX I'm a recently XXXX XXXX XXXX Veteran that had my signature signed fraudulently signed by Ocwen LLC in XXXX as a co-borrower for a refinance. Here 's a little history. I was a co-signer on a Mortgage with my Mom from XXXX. Fast Forward to XXXX and Ocwen refinanced a Mortgage with my Mom and they apparently got her signature and put mine as a co-borrower as well. The Documents were never sent to me, or notarized which they need to be. When my Mom died in XX/XX/XXXX, I discovered then that I was on this Mortgage then. After unsuccessfully trying to contact Ocwen to refinance this in my name, they gave me the run-around. I was deployed overseas then, and they never told me that my Mom must have refinanced with her signature, and my ( forged ) signature from them on this document is when I noticed a $ XXXX Mortgage remodification was done in my name without my consent. I found this out from XXXX XXXX Mortgage, which is who Ocwen sold the mortgage too. XXXX XXXX were the ones who told me about the $ XXXX when I tried to refinance with them since I was getting nowhere with Ocwen. I believe they committed Mortgage fraud, they never called me, emailed me, or anything back in XXXX when they did this refinance.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32566
Submitted Via: Web
Date Sent: 2020-07-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A