Date Received: 2020-05-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX is imposing modified loan terms on us. The company added a Shared Appreciation Mortgage ( SAM ) balance to the loan that should have been waived according to the SAM agreement. This complaint relates to a mortgage taken from Ocwen on a primary residence in NJ, the terms of which were modified after the last financial crisis to a lower interest rate, with a SAM clause. The SAM clause provided for the SAM balance to be waived after three years of making payments without defaulting. Ocwen assigned the mortgage to XXXX, with PHH mortgage acting as the loan servicer, according the letter from XXXX. The heart of our complaint is that after years of making payments on time, and paying the balance down to USDXXXX, XXXX wants to impose an additional USDXXXX on us, in breach of the SAM agreement, and in breach of the decency one would expect from a mortgage lender in the midst of the COVID-19 crisis. The loan modification was completed towards the end of XXXX, and shortly after the agreement was completed, we began to make regular monthly payments. Having made payments without missing a month for more than 6 years, one would expect that the SAM balance would have been removed. It was not. We called XXXX to ask that the SAM balance be removed in XX/XX/XXXX, and they did not agree, arguing that the terms of the SAM agreement allowed them to keep the SAM balance. We considered that our request had been heard, as you can see in the attached letter, that a Welcome package was sent to us without the SAM balance. Then XXXX turned around to say we owe them a SAM balance. We hope you can kindly ask XXXX to review the long history of on-time payments to comply with the SAM agreement, the fact that the nation is currently in a pandemic crisis, and basic human decency, so that they remove the SAM balance and report the correct amount for our mortgage balance. Thanks in advance.
Company Response:
State: NJ
Zip: 07003
Submitted Via: Web
Date Sent: 2020-06-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: California has been shut down since XX/XX/XXXX. We have not been allowed to go to work. I applied for Covid 19 forbearance in XXXX and have a receipt. Ocwen/PHH/XXXX XXXX ( not sure who is the real servicer ) said I used the wrong account number and asked me to reply with it - I did and your response was that I needed to send a qualified written letter. PHH could have easily found my account using my email address and updated my account that I had requested Covid Relief. After checking my account, I realized nothing had been updated. I filed a covid 19 form again online in XXXX and received an email today, XX/XX/XXXX that I need to call a relationship manager, which I did and the person was not available. I want my account corrected that I applied for Covid19 relief in XXXX and late charges reversed. I also want my portal fixed so that I can access my account information and statements. PHH has now turned off my portal so that I can no longer have access to my statements and loan information. I want the forbearance of three months tacked on to the tail-end of the loan as it is done with the FHA loans and my XXXX XXXX XXXX loan. PHH is stating that the lump some of three months is due at the end of forbearance. Because of the pandemic, the State of CA did not allow us to work - we need help with these monthly mortgage payments for at least three months. Below is a copy of my first receipt - I can provide others if needed : -- -- - Forwarded Message -- -- - From : " XXXX '' XXXX To : " XXXX '' XXXX Sent : Wednesday, XX/XX/XXXX, XXXX XXXX PDT Subject : Important Information Concerning the Mortgage Account Dear Customer, The information you provided in our web form is invalid. Please resubmit your account details or respond with an account number and your property address so we may authenticate your account. Also, please include the type of loan you have to assist us in addressing your inquiry properly. If you have any further questions, please contact us through our website at XXXX or call Customer Care at ( XXXX ) XXXX during the following hours : Monday Friday XXXX XXXX ET PHH Mortgage Services , LLC XXXX XXXX XXXX XXXX. XXXX, NJ XXXX This communication is from a debt collector attempting to collect a debt ; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is purely provided to you for informational purposes only with regards to our secured lien on the above referenced property. It is not intended as an attempt to collect a debt from you personally. The information contained in this communication is confidential information intended only for the personal and confidential use of the individual or entity to which it is addressed. If you are not the addressee indicated in this message ( or an authorized agent responsible for delivery of the message to such person ), you are hereby notified that you have received this communication in error and that any review, dissemination, copying or unauthorized use of this message is strictly prohibited. In such case, you should destroy this message and kindly notify the sender by reply email. If you wish to change your consent to receive emails from PHH in the future, please contact us to update your account. When you provide your email address, we may use it to send you important information about your account. PHH email response when they asked me to reply with my account number ( note, my name is not XXXX ) : Dear XXXX, If you wish to request information or assert an error relating to the servicing of your mortgage loan, including any Qualified Written Requests, you must use the address below and include your name, your mortgage loan account number, property address and a statement of either the information you are requesting or the error you believe has occurred : PHH Mortgage Services XXXX. XXXX XXXX XXXX, NJ XXXX This account has been assigned a Relationship Manager as a single point of contact. If you have any questions regarding the account or options that we may have available, you may reply to this email or contact our Home Retention Department at XXXX XXXX ) XXXX to speak with the Relationship Manager, XXXX XXXX. XXXX XXXX is your designated contact for inquiries and the submission of documents as needed. XXXX C/O PHH Home Retention Department is available during the following hours : Monday Friday XXXX XXXX ET For your protection, we have removed any personally identifiable information from your original inquiry. This communication is from a debt collector attempting to collect a debt ; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is purely provided to you for informational purposes only with regards to our secured lien on the above referenced property. It is not intended as an attempt to collect a debt from you personally. The information contained in this communication is confidential information intended only for the personal and confidential use of the individual or entity to which it is addressed. If you are not the addressee indicated in this message ( or an authorized agent responsible for delivery of the message to such person ), you are hereby notified that you have received this communication in error and that any review, dissemination, copying or unauthorized use of this message is strictly prohibited. In such case, you should destroy this message and kindly notify the sender by reply email. If you wish to change your consent to receive emails from PHH in the future, please contact us to update your account. When you provide your email address, we may use it to send you important information about your account. Original Message Follows : -- -- -- -- -- -- -- -- -- -- -- -- From : XXXX XXXX XXXX To : XXXX Subject : Re : Important Information Concerning the Mortgage Account Date : XX/XX/XXXX XXXX XXXX EDT Caution : This email has originated from outside of our organization. DO NOT CLICK on any link or attachment unless you recognize the sender and the content is safe. Caution : This email has originated from outside of our organization. DO NOT CLICK on any link or attachment unless you recognize the sender and the content is safe. Resubmitted today - did not see this email previously. This is for Account # XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX Thanks you. XXXX XXXX XXXX
Company Response:
State: CA
Zip: 956XX
Submitted Via: Web
Date Sent: 2020-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I send payments to this company every month at the same time I pay my first mortgage payment. Always they say I am late or they didn't receive my payment. Then they add late fees and threaten foreclosure. I have even sent them two extra payments and they claim I am behind again.
Company Response: Company believes complaint is the result of an isolated error
State: MI
Zip: 48205
Submitted Via: Web
Date Sent: 2020-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: First of all the PHH Mortgage company is overcharging me for fees and late charges.I didn't know my mortgage was sold to PHH mortgage company in XXXX, XXXX. PHH mortgage had the wrong mailing address, they admitted they received the returned mail I have owned the house for over 17 years and i have never been harassed and charged so many fees. I know i have equity in the house and i feel like the mortgage company is purposely trying to make me lose the house and have it go in foreclosure. I have set up for automated payments and I had that canceled by them. I have also been making the payments and have had late on my credit reporting. This is the reporting for month on XXXX, XXXX & XX/XX/XXXX ( during the coronavirus ) This isn't my first home I have owned. I appreciate any help i can get to investigate this mortgage company.
Company Response:
State: CA
Zip: 92374
Submitted Via: Web
Date Sent: 2020-05-28
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage was placed into forbearance by my mortgage service agency, PHH Mortgage, without my authorization. I called the customer service line on XXXX XXXX to inquire about the forbearance options related to COVID-19. The representative asked if I wanted to have my mortgage put into forbearance, and I explicitly told him that I did not want to proceed with that option at the time of the call ( and would call back if I did want to proceed ). I then received a letter a few days later indicating that the loan had in fact been placed in forbearance. I subsequently learned that this could have negative consequences for my ability to take out a new loan and/or for my credit score. I have contacted PHH to end the forbearance ( which is now complete ) and to restart my payments. I am very concerned about this increasing the interest rate if I were to purchase a new home in the coming year. I am not happy. Thanks for your help.
Company Response:
State: NH
Zip: 037XX
Submitted Via: Web
Date Sent: 2020-05-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: After my husband who was the sole breadwinner of our household became ill, are property fell into foreclosure. We put the property on the market and received an offer in XX/XX/XXXX. The offer was submitted to our loans servicer for a short sale approval. In XX/XX/XXXX, the buyer canceled because the bank took too long. Then in XX/XX/XXXX we received another offer which we again submitted to the bank for approval. Since XX/XX/XXXX we have done everything asked of us from the bank to attempt to obtain an approval. The bank again delayed, delayed and delayed some more. Unfortunately, in the course of attempting to secure the short sale approval, my husband died. Each time we have presented the bank with an offer they reject it for being too low. The buyer came all the way up to {$540000.00}. The lender has had this offer since at least early XXXX. I ordered an independent appraisal of the property earlier this year which came back at {$510000.00}. Today when we contacted the bank, we were advised that on XX/XX/XXXX an appraisal was conducted and home appraised at {$470000.00}. When we asked about the status of the {$540000.00} offer that the buyer had submitted several months ago, we were advised that the offer had been declined by the investor. I was shocked. I do not understand how an offer which is {$70000.00} higher than the bank 's own appraisal could be rejected. After researching the matter a bit on the Internet, I realized that since this is a servicer who owns this loan, it may be that they are trying to delay the process to make more fees on the servicing of the loan. Or, in the alternative, perhaps the owner of the loan is simply going to make more money from a mortgage insurance claim. I can't figure out why this is happening to us. I have made a good faith, diligent effort to attempt to minimize the bank 's losses and to try to salvage what's left of my credit. However, the bank continues to delay and demand documents that have been submitted on multiple occasions and requiring the buyer to increase their offer which by their own admission is {$70000.00} more than the appraised value. I am no attorney but this seems like a highly unfair and deceptive business practice which this investor and their servicer are engaging in. I would appreciate any help you can provide in investigating this matter.
Company Response:
State: FL
Zip: 33021
Submitted Via: Web
Date Sent: 2020-06-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-21
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: They put my mortgage in forbearance and reported it to the credit companies and now my credit score dropped 67 points and they broke the CARE ACT
Company Response:
State: FL
Zip: 32904
Submitted Via: Web
Date Sent: 2020-05-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am in an active bankruptcy, a senior citizen, XXXX, and lost three out of four jobs to COVID. I have help to pay my payments by a school and/or XXXX XXXX, but need a W-9 form filled out by my mortgage Company for me to turn in with my applications. I called on XX/XX/2020 and got hung up on several times with no resolution. I finally talked with an oversees representative who assured me that he would automatically send it to my e-mail immediately, as well as send me copy in the postage mail. I tried to contact them all day on XX/XX/2020, getting hung up on several times and told that there phone service is not working. No resolve on that date! Today, XX/XX/XXXX, I was told multiple times that they would check, placed on hold ( if I was not disconnected immediately upon calling ), then disconnected and multiple times just hung up on. I asked for supervisors, given a female at XXXX Extension # XXXX and XXXX at the same # Extension # XXXX. I was promised not to be disconnected by both, and a promise of a call back ( which did not happen by the first ). I was told that they would take another XXXX days in which they would decide if they were going to send it, it had to go through a review process first. This information is time sensitive as my help will disappear if I do not provide this W-9. I was told on the XXXX that it was sent E-mail, now told that they did not, and might not send it at all. I have checked with an attorney, who stated that it is illegal to withhold this W-9 as the IRS states this. I need this help, but can not get resolve, as they keep moving the date to a longer hold and outright refusing it. I have called 23 times in the last two days, gotten hung up on, disconnected and refused this paper. I need some help to obtain this!
Company Response:
State: CO
Zip: 81001
Submitted Via: Web
Date Sent: 2020-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-21
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: When my mortgage was transferred to PHH from Ocwen, I had problems getting their website to accept payments and I missed a couple. I then contacted the company to request a modification as 7.5 % is too high. With the previous mortgage company, I had paid XXXX in additional principal, and had never missed a payment. The mortgage number is XXXX. Anyhow, this modification dragged on, and I just called to see if I could make some payments and they said that they removed the modification and moved this into foreclosure. This is something that should never happen. I would like for them to give me relief, as my business has had issues due to the COVID-19 emergency, but I do have the means to keep these payments current. Thanks! XXXX XXXX
Company Response:
State: CO
Zip: 80130
Submitted Via: Web
Date Sent: 2020-05-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: 1. My original lender XXXX XXXX XXXX XXXX liquidated in bankruptcy on XX/XX/XXXX. Contractually and through court order in connection with a modified plan, XXXX XXXX XXXX XXXX assigned on that same date, all of their assets to a new entity called the XXXX XXXX XXXX XXXX. ( See Ross v. Deutsche Bank Nat. Tr. Co., 933 F. Supp. 2d 225, 231 ( D. Mass. 2013 ). 2. After assigning all of their assets to the XXXX XXXX XXXX XXXX on XX/XX/XXXX, XXXX XXXX and their attorneys advanced a ten-year fraudulent litigation with me using a fake and forged Transfer of Lien assignment purportedly negotiated in XX/XX/XXXX and then purportedly, executed on XX/XX/XXXX between XXXX XXXX and my original lender XXXX XXXX XXXX XXXX, a 2.5 year old dead entity lacking both existence and capacity. 3. The XX/XX/XXXX Transfer of Lien was executed using a forged attorney in fact for a dead entity and a XX/XX/XXXX extinguished power of attorney which pre-dated the XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX. XXXX. In XX/XX/XXXX, I obtained mortgage records from the XXXX XXXX XXXX XXXX XXXX XXXX XXXX providing patent proof XXXX XXXX held no interest in my mortgage loan. My loan records were authenticated and bates stamped and there was NO INDORSEMENT on my Note. And it was my understanding after personally talking to XXXX attorneys that my payments should have been made to the trust, not XXXX XXXX who was never in my chain of title. 5. As further proof XXXX XXXX was not in my chain of title, the XXXX XXXX XXXX XXXX provided me a bates stamped and authenticated XX/XX/XXXX XXXX XXXX XXXX XXXX letter from my loan file showing XXXX XXXX was for tax purposes, only sold an INTEREST in my loan, which was extinguished upon the XXXX XXXX XXXX Liquidation. And XXXX XXXX was sold nothing. ( emphasis added ). ( See Ex-A, extinguished notes ). 6. In XXXX, a XXXX County District Court clerk provided me a copy of Judge XXXX XXXX Judges Notes. These notes were faxed only to the XXXX XXXX attorneys ( XXXX XXXX XXXX and XXXX XXXX ) and not my attorney. The Judges Notes were written by Judge XXXX XXXX and she identified specific judges ( including Judge XXXX, Judge XXXX and Judge XXXX ) to hear matters in my case that were not even set for a hearing. 7. The purpose of those Judges Notes was made clear in a XX/XX/XXXX plea to the jurisdiction proceeding in the trial court in Cause No. XXXX. Specifically, I tried to present all of my XXXX XXXX XXXX XXXX evidence to XXXX County District Court Judge XXXX. He refused to permit me to admit my evidence in the plea hearing to show XXXX XXXX held no interest in my mortgage loan. XXXX XXXX filed no response or objections to my plea. And Judge XXXX previously granted XXXX XXXX Motion to Quash my discovery. 8. XXXX XXXX also filed the XX/XX/XXXX Declaration of XXXX XXXX in a XX/XX/XXXX summary judgment proceeding. The Ocwen loan servicer analyst falsely swore under the penalty of perjury, to a fake default. She falsely swore in par. No. 10 that I failed to remit a payment from XX/XX/XXXX onward. 9. The trial court ( Judge XXXX and author of the XX/XX/XXXX Judges Notes ) ignored my evidence of timely remitted certified by mail loan payments to XXXX XXXX loan servicers from XX/XX/XXXX XXXX XXXX and through XX/XX/XXXX when I filed my lawsuit. 10. On XX/XX/XXXX, Judge XXXX ( the author of the XX/XX/XXXX Judges Notes ) granted XXXX XXXX summary judgment on their counterclaim for foreclosure. I did not prevail in my first litigation which concluded with the Texas Supreme Court denying a petition for review. ( Cause No. XXXX ). In XXXX, I filed a bill of review after obtaining new evidence including the uncontroverted securitization expert report of XXXX XXXX who concluded XXXX XXXX held no interest in my mortgage loan. ( Cause No. XXXX ). I filed a bill of review summary judgment raising issues on XXXX XXXX lack of standing and XXXX XXXX filed no affidavit and never responded to any of my summary judgment issues. The trial court oddly denied my summary judgment. And it was clear that the XX/XX/XXXX Judges Notes appeared to continue to have tentacles reaching this litigation. I timely filed a notice of appeal at the XXXX Court of Appeals. ( Case No. XXXX ). On XX/XX/XXXX, the XXXX Court of Appeals issued an opinion and judgment. And although I briefed in detail in my XX/XX/XXXX Appellant Brief and XX/XX/XXXX Appellant Reply the XXXX XXXX ex parte communications and criminal forgery activity in the trial court in the First Lawsuit, the XXXX court of appeals oddly did not address any of my point of errors on bill of review factors regarding the deep seeded corruption at the XXXXXXXX County courthouse that is fixing borrower litigations in favor of the banks. And I know judges are not doing this gratuitously. The XXXX court of appeals held that I lacked standing to address what I allege, is a void XX/XX/XXXX Transfer of Lien assignment which XXXX XXXX purportedly executed with a dead entity. My case file can be viewed online at the XXXX Court of Appeals website. Alternatively, if you provide me an email address, I can email you the filed Appellant and Appellee briefs for review. After providing this litigation information to the FBI in XXXX XXXX in XX/XX/XXXX, I am bringing this matter to your attention because as my case demonstrates, XXXX XXXX is continuing to pay unconscionable fees to attorneys to engage in a continuing nefarious criminal scheme to file forged mortgage records to assert unlawful standing to steal properties and then engage in unlawful ex parte communications with judges to obtain unlawful orders to foreclose on properties using forged instruments. To wit, on the identical set of forgery facts, a XX/XX/XXXX XXXX, Texas jury awarded XXXX XXXX dollars to the XXXX XXXX XXXX v XXXX XXXX after XXXX XXXX forged the XXXX XXXX records to also steal the XXXX homestead property. See : XXXX : XXXX XXXX XXXX XXXX Given the facts in my case where I allege local judges worked in concert with XXXX XXXX attorneys to permit forged XXXX XXXX records to be filed, recorded and used by XXXX XXXX to obtain unlawful court orders to permit XXXX XXXX to foreclose on my property which they held no interest in, I believe on these facts, potential violations of federal criminal statutes have surfaced as follows : fraud deprivation of rights under the color of law conspiracy to defraud obstruction of justice perjury deceiving judges ; and lying to courts At this juncture, I am seeking to stop this egregious abuse of authority and request the DOJ and government agencies review my evidence and take such action deemed appropriate including but not limited to, filing complaints with the Texas State Bar against the attorneys ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX ) and local judges who were involved in the fraudulent scheme to permit XXXX XXXX to file and defend knowing forged and fake mortgage instruments for the unlawful purpose of stealing properties. Restoring public confidence in the judicial system for other homeowners similarly situated is extremely important so they do not suffer through exhausting years of public corruption at the courthouse as I did. I am also asking that you investigate my complaint and help bring a just resolution to my litigation which has been contaminated by the Texas courts who continue to protect the deep seeded pubic corruption that ignored my civil rights and denied me due process.
Company Response:
State: TX
Zip: 78230
Submitted Via: Web
Date Sent: 2020-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A