Date Received: 2020-06-26
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: By letter response dated XX/XX/XXXX and enclosed hereto as Exhibit A, XXXX XXXX ( XXXX ) c/o PHH Mortgage Services ( PHH ) provided the following false and deceptive statements along with forged falsely uttered evidence enclosed thereto : ( 1 ) As displayed on page five of five of the communication and throughout, XXXX and PHH continue to identify the Customer ( s ) for the above referenced account number as the " Estate of XXXX XXXX XXXX '' ( See Exhibit A ), when no such estate or person exist and the Estate of XXXX XXXX XXXX has no interest in the subject property or subject account number. ; ( 2 ) As displayed on page one of five of the XX/XX/XXXX communication, XXXX and PHH declared they were not involved in the origination of the account and therefore would not be able to comment on concerns regarding the origination. ( See Exhibit A ), which is proof that everything declared under penalty of perjury in the foreclosure action under Docket No. XXXX pertaining to the original transaction is unsubstantiated - unauthenticated hearsay because neither XXXX or PHH have knowledge as to whether or not the original transaction is fraud in factum, the product of illegalities by XXXX XXXX XXXX XXXX ( New Century Mortgage ) and subject to set-off and recoupment. ( 3 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and PHH stated there is no single owner of the account, but rather the account is one of many in a securitized investment trust, XXXX Trust XXXX Mortgage Pass-Through Certificates, XXXX XXXX. ( See Exhibit A ), a statement that XXXX and PHH omitted in the pleadings filed in the above docket number, you omitted the names and identities of the multiple owners ( alleged ) for the subject account number in their XX/XX/XXXX communication and have yet to provide a notice of new creditor as required by federal law ( See 15 U.S.C. section 1641 ( g ) ). ; ( 4 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and / or PHH declared they are servicing the account for XXXX Trust XXXX Mortgage Pass-Through Certificates, XXXX XXXX ( XXXX Trust XXXX ) ( See Exhibit A ), without presenting a power of attorney as required by N.J.S.A. XXXX in the foreclosure action under Docket No. XXXX or within XXXX and PHHs XX/XX/XXXX correspondence ( See Exhibit A ) to prove their claims of agency. ; ( 5 ) As displayed on page two of five of the XX/XX/XXXX communication, XXXX and PHH stated that XXXX XXXX XXXX XXXX ( XXXX XXXX ) is the trustee for XXXX XXXX XXXX and the alleged trustee does not own the subject account ( See Exhibit A ), which is a claim omitted from XXXX and PHHs pleadings in the foreclosure action under Docket No. XXXX ( See Exhibit L ), contradicts their statements set forth within the instrument titled CORPORATE ASSIGNMENT OF MORTGAGE that they enclosed within their XX/XX/XXXX communication wherein XXXX XXXX as Trustee for XXXX XXXX XXXX is designated owner of the subject mortgage loan as of XX/XX/XXXX for an alleged good and valuable consideration that XXXX XXXX as Trustee for XXXX XXXX XXXX paid to XXXX XXXX XXXX, XXXX. as Trustee for XXXX XXXX XXXX ( See Exhibit B ), and the alleged assignment is five years after Ocwen Loan Servicing ( Ocwen ) commenced its foreclosure action against me in Docket No. XXXX by complaint filed on XX/XX/XXXX for the subject mortgage loan ( See Exhibit L ) ; ( 6 ) The XX/XX/XXXX communication from XXXX and PHH fails to include evidence demonstrating when and how ownership and possession of the subject mortgage loan was transferred from XXXX XXXX XXXX as the originator before XXXX XXXX XXXX became a chapter XXXX bankruptcy debtor on XX/XX/XXXX ( to present date ) in the U.S. Bankruptcy Court for the District of Delaware under Case No. XXXX ( XXXX ) ( See Exhibit C ). ; ( 7 ) XXXX and / or PHH claimed on page two of five of their XX/XX/XXXX communication that the loan originated with XXXX XXXX XXXX XXXX ( XXXX ) as the original beneficiary of the Mortgage solely as nominee for the original lender its successors and assigns without presenting a power of attorney as required by N.J.S.A. 46:2B-8.2 in either their pending foreclosure action in XXXX. No. XXXX or their correspondence XX/XX/XXXX ( See Exhibit A ). ; ( 8 ) XXXX and PHH referenced on page two of five of their XX/XX/XXXX communication a MIN number that is associated with the above referenced account number without providing an authoritative copy of the transferable record as I previously requested and they are required to provide pursuant to 15 U.S.C. section 7021 ( f ). ; ( 9 ) XXXX and PHH claimed on page two of five of their XX/XX/XXXX communication that the subject account is past due for the XX/XX/XXXX payment and further claimed on page three of five of their XX/XX/XXXX communication that XXXX XXXX Payment History enclosed to their communication reflects all credits and disbursements made to the account by XXXX and the resulting account status., all of which is false and they continue to omit and conceal : ( i ) the trial modification agreement offered by XXXX XXXX and executed by me on XX/XX/XXXX, requiring three payments of {$1900.00} for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were all timely paid and cashed by XXXX XXXX ( See Exhibit D ), and the latter failed to permanently modify the transaction or apply payments to the subject account ; ( ii ) a total of {$10000.00} in payments that were made to and cashed by XXXX XXXX for the installments declared due towards the subject account on XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit E ) ; and ( iii ) a total of {$5100.00} in payments that were tendered and presented to XXXX XXXX for the installments declared due towards the subject account on XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were returned by XXXX XXXX for several varying reasons, the middle of which instructed me to refer to my already deceased husband on the payment ( See Exhibit F ). ; ( 10 ) XXXX and PHH claimed on page three of five of their XX/XX/XXXX communication that It was determined that the foreclosure proceedings were initiated on XX/XX/XXXX, at that time the account was past due for XX/XX/XXXX payment, followed by their claim on the same page that the account was referred to foreclosure on XX/XX/XXXX. At the time of the referral, the account was past due for the XX/XX/XXXX payments. ( See Exhibit A ), and those statements are false, deceptive and contradictory because : ( i ) XXXX XXXX did indeed commence a foreclosure action on XX/XX/XXXX under Docket No. : XXXX which is the same day my husband died, and the underlying complaint matured the subject account number and demanded the total amount due thereunder as of XX/XX/XXXX ( See Exhibit G ) ; ( ii ) XXXX and PHH are falsely implying in the pending foreclosure action under Docket No. XXXX ( See Exhibit L ) and within their XX/XX/XXXX communication ( See Exhibit A ) that payments were made and applied towards the subject account for the installments due XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX when they were not ; ( iii ) they are claiming the subject account was referred to foreclosure on XX/XX/XXXX, at which time, Ocwen was still prosecuting a foreclosure for the subject account under Docket No. XXXX declaring a default as of XX/XX/XXXX until the matter was voluntarily dismissed by Ocwen on XX/XX/XXXX ( See Exhibit H ). ; ( 11 ) XXXX and PHH claimed on page three of five of their XX/XX/XXXX communication that XXXX XXXX XXXX ( XXXX XXXX ) is their foreclosure attorney for the foreclosure action under Docket No. XXXX wherein XXXX XXXX as Trustee for XXXX XXXX XXXX is designated plaintiff ( See Exhibit L ) while, according to a recorded telephone conversation placed to XXXX XXXX XXXX XXXX services on XX/XX/XXXX, XXXX XXXX employees indicated that : ( i ) they have no knowledge about or ownership of the subject loan, account number or address ; ( ii ) they have no knowledge about or involvement with the present and pending foreclosure under docket number XXXX ; and ( iii ) they have never retained XXXX XXXX to initiate and maintain the present and pending foreclosure under docket number XXXX. ; and ( 12 ) the note instrument that XXXX and PHH enclosed with their XX/XX/XXXX communication that is certified to be a true copy remains payable to XXXX XXXX XXXX and the last page ( five of five ) is followed by a Notice of Right to Cancel ( See Exhibit I ), and is not followed by the separate forged counterfeit piece of paper that they previously caused to be electronically filed with the NJ XXXX XXXX in the pending foreclosure action under Docket No. XXXX ( under penalties pursuant to 18 U.S.C. section 1343 and other state and federal criminal statutes ) by XXXX XXXX, XXXX. ( XXXX XXXX ) of XXXX XXXX that is certified to be a true and correct copy of the original instrument and includes a separate piece of paper behind page five of five that bears a counterfeit and undated stamp misrepresented to be an indorsement by XXXX XXXX ( See Exhibit J ), the latter of whose varying and forged signatures and stamps are documented by the Florida Office of the Attorney General XXXX XXXX XXXX report titled Unfair, Deceptive And Unconscionable Acts In Foreclosure Cases ( Id. at XXXX XXXX of XXXX ) ( See Exhibit K ).
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: 2020-06-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-26
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I, XXXX XXXX, am sole mortgage holder of loan # XXXX with PHH Mortgage. My complaint with them is : 1.Phh Mortgage has approved a 3rd party unauthorized person, XXXX XXXX , to file a motion with bankruptcy court to try an refinance my debt. I have not given authorization for anyone to do anything on my debt. I even sent in.writing to both Ocwen and PHH I do not give authorization for anyone to discuss my loan. Phh should not be allowing anyone to do anything to refinance my debt because it has already been discharged in a prior XXXX in XX/XX/2016. 2. Phh refuses to speak to.me regarding my OWN debt. They say there is an attorney by a unauthorized 3rd party shanae young. They told me to.send writing letter stating I am not represented by an attorney. I have done so and when I call customer service they still refuse to speak with me stating an attorney is involved and I explain it is not my attorney and this is my debt. I did not have this problem with prior mortgage company ocwen.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-07-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My daughter went through a break up with her boyfriend and moved in with us. She also brought our XXXX year old granddaughter. This increased our expenses and we fell behind on our mortgage payments. Then the COVID hit and I lost my retail job at XXXX and my husband 's side work was cut off. The decrease in income made our efforts to get a loan modification difficult because we no longer had the income to pay even a modified payment so we asked for the forbearance under the CARES act. We were denied and told to apply for a modification. Without our incomes we only receive social security income and we can not afford to pay a mortgage payment. Due to COVID our daughter is also not working and school has been cancelled for our granddaughter. We are supporting two additional people and have a had a decrease in income. We are asking for a forbearance as to not be served foreclosure until we can get back to work.
Company Response:
State: FL
Zip: 324XX
Submitted Via: Web
Date Sent: 2020-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-25
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My home of 20+ years is scheduled for foreclosure on XX/XX/2020. Although my payments were behind prior to the Covid Pandemic - In XXXX of this year, I had finally resolved a discrepancy between my employers Insurance and myself and a settlement was in the works to include timeloss benefits and approval for my XXXX XXXX XXXX. I felt certain I could keep my home and stay current on my payments, if a Modification were approved. Then Covid 19 shut down everything - My Lawyer, Insurance, medical and there was nothing i could do - My Attorneys office and I have just recently started talking again, but the prediction of resuming a settlement is now for sometime in XXXX. My Mortgage company gave me 30days written notice of foreclosure ( XX/XX/2020 ). I have tried contacting them nearly everyday but they are unreachable. - we set up 2 telephone conferences The first they claim they had my wrong phone number despite the many emails ive written correcting them, to include the email confirming our phone apt., and ive had this number for over a year. The 2nd phone apt., I waited by the phone for an hour - they never called! Finally I sent them an email asking why and never got a response. - The many emails i have sent, requesting a meeting so that i could explain how Covid has halted my progress along with some ideas and questions as to how i may save my home go unanswered. ( i.e. adding a family member to the note and/or modification or forebearance ). WHY cant I at least get some answers. I am trying very hard to save my home and feel as tho i am being ignored intentionally.
Company Response:
State: WA
Zip: 983XX
Submitted Via: Web
Date Sent: 2020-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-24
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: XXXX XXXX and XXXX XXXX of XXXX XXXX XXXX XXXX XXXX for selling 5 illegal mortgages, appraisals and title insurance along with PHH Mortgage. 3 from a Liquid Asset Account when they did not have the proper licensing for XXXX WA or XXXX UT via the NMLS agency the other two were actual mortgage products XXXX XXXX XXXXXXXXXXXX XXXX at the time of sale XXXX of XXXX and XXXX of XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: WA
Zip: 98682
Submitted Via: Web
Date Sent: 2020-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have a mortgage with XXXX XXXX XXXX. I have a XXXX XXXX and because of covid-19 I have trouble with getting parts and having my workers to work. XXXX has told me I can avoid mortgage payments due to the virus. Now I have received a bill for XXXX . This does not include XXXX 's payment. I can start paying the monthly amount of {$1300.00} on XX/XX/XXXX .The amount owed for missed payments ( as I understood ) would be added to the end of the contract. I need this to happen. Thanks XXXX XXXX email : XXXX. Property Address : XXXX XXXX XXXX XXXX, XXXX, Oregon XXXX.
Company Response:
State: OR
Zip: 97754
Submitted Via: Web
Date Sent: 2020-06-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-24
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: To summarize, housed burned down in XX/XX/2020. Reported it to the mortgage and insurance. They eventually sent me a check for {$140000.00} which was made out to both me and my mortgage company. I was told to endorse it and send it to their bank, which I did. They were suppose to pay off my mortgage and return the difference ( about 1/2 ) to me, but they never returned my half. An attorney told me to do it that way, because the ins. co. said that I don't get anything if I don't restore to the full value, but they were not giving me enough to rebuild as they wanted. I had previously tried to get Ca Dept. of Ins. to help and they referred me to a Ca agency, each taking paper work and time. The Ca agency said they could not help, and the ins. dept. then referred me to Office of the Comptroller of the Currency. OCC said my " complaint is against an entity that does not fall under the jurisdiction ... '' and they referred me to you. Today, I got a notice from the Sheriff to clean up the burned house, but I need money to do it. I thought the OCC would help and so I sent them a lot of papers that I hope they will forward to you, because I am old and tired and sent them originals. Also, the letter from OCC is made out to me and to " XXXX XXXX '' that is my middle and maiden name. Not a different person. Please help me end this night mare. I paid XXXX XXXX XXXX. for 16 years for nothing. I so hope you are the end of the line, and can do something. Just tell me what else you want and I will get it done. I do have XXXX, and so only have about 1/2 a day each day. Took extra meds just to get this to you. Always tired.
Company Response:
State: CA
Zip: 961XX
Submitted Via: Web
Date Sent: 2020-06-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Just to give a specific in a short version I dont know how much typing this allows me. PHH Mortgage has giving me the run around for 9 months now. CS Reps no knowledge how to answer questions you ask. Being assigned to a different case mgr twice.Submitted 4- 5 mortgage assistance applications for them to tell me I'm not eligible because I need to have my loan 12 months which was not stated. If I knew that why would I go thru 9months of faxing, calling, spending money to send all this paperwork. I wait til it 13 months as they suggested and be denied again Now here come the pandemic I explained I have {$10000.00} toward my NOW {$18000.00} to resolve my mortgage up to date and they say NO REALLY! LOOK AT THESE DATES THEY SUBMITTED VIA MAIL I could speak to them via phone then they send a letter dated the same day with a different response. IM already nervous abt this virus as I suffer from XXXX & XXXX PLEASE PLEASE REVIEW ATTACHMENT
Company Response:
State: NJ
Zip: 07112
Submitted Via: Web
Date Sent: 2020-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Applied for modification in XX/XX/XXXX. The company delayed the modification process for months causing us to fall delinquent. The company continued to request duplicate information which we complied with each time. Each time we complied with a request we would receive correspondence from the company confirming receipt, confirming the information was correct, then correspondence that the information was in fact NOT correct and they needed updated different information. In XX/XX/XXXX we began to receive notices that a foreclosure was pending and a lawsuit had been filed. At the same time we continued to receive notices that the modification application was still under review. In XX/XX/XXXX when I contact CFPB, which in turn contacted PHH Mortgage, suddenly the application was approved and we were to enter into trial payments as a condition to being approved for a permanent modification. In XX/XX/XXXX we completed the trial payments and were told that the modification would be finalized. In XXXX, amid the Covid outbreak, we received paperwork to be notarized, and returned to PHH. PHH arranged to send a Notary to our home to process the paperwork on XX/XX/XXXX. The Notary sent the paperwork to PHH and we received work from PHH that the paperwork was incorrectly processed by the Notary. They scheduled another notary to process the paperwork in XXXX and we received word that PHH never received the paperwork so our modification was being denied due to failure to return the paperwork in a timely manner. The PHH representative then called us and admitted that the mistake was on his part and he should have stayed in better contact with the notary. PHH sent a Notary to us for the THIRD time. This time we also retained original notarized copies and mailed them certified to PHH. We have now been told that although they received the paperwork, they are not sure if " the Department '' will reverse the denial and they have subsequently refused the XXXX payment. Their continued incompetence in the handling of this matter is resulting in continued fees on our account as well as negative credit rating. This issue has been pending for over a year.
Company Response:
State: NY
Zip: 10305
Submitted Via: Web
Date Sent: 2020-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH AND XXXX c/o PHH are harassing me with multiple calls for things I have already discussed with them. I have told them numerous times the forbearance plan I am on d/t CoVid does not need to be extended and can resume on XX/XX/XXXX. Since XX/XX/XXXX, I have received a minimum of 10 calls asking me about the same exact thing. I have answered the phone every time they call and told them it was all set. They continue to call me. As far as I can see from my phone log, I can only go by the number normally coming through as PHH, so there maybe more : I have received calls on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and today XX/XX/XXXX. This was supposed to be escalated and the multiple calls were supposed to stop, and they continue. Its harassment at this point. Im NOT behind on my mortgage, I have already spoken with them regarding the forbearance d/t CoVid. The excessive phone calls need to stop.
Company Response:
State: MA
Zip: 014XX
Submitted Via: Web
Date Sent: 2020-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A