Date Received: 2020-03-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My mortgage was sold from ocwen to phh one year ago at this time my mortgage was 1.5 months behind but I had a payment agreement. Due to graduating nurse practitioner school and a job transfer. The mortgage sold they were unable to locate it for 2 months. I paid 2 payments and it was applied to my escrow then called back to make third and was told they would only accept 3 months In full .. forced me to do a modification. Completed trial payments had to call ever week to get status now a year later they have my payments in holding my act reflects nothing paid my credit is shot and it takes four weeks calling every three days to be told they will put another task for someone to call me back. In turn no calls me calling numerous times to be told now they denied my forms cause they are not notarized. Confirmed my forms are In deed notarized they put in another task four more tasks later now they say my forms are not accepted cause notary used my middle initial. I just get run around and want to pay and fix this but cant insure my house is safe or where my money is going. Never mind get a straight answer from anyone on there staff after hours of hold times
Company Response:
State: NH
Zip: 038XX
Submitted Via: Web
Date Sent: 2020-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-03
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Starting in early XX/XX/XXXX we became aware that PHH Mortgage Company was not paying our property taxes on one of our parcels. We have contacted PHH by phone just about every week since XX/XX/XXXX. We continue up to today XX/XX/XXXX to no assistance from PHH. The taxes our included in the mortgage payment, but PHH refuses to follow instructions from the county clerk 's office, sends the wrong amount ( that are marked " Insufficient Funds '', includes the wrong parcel numbers and incorrect address. XXXX ID XXXX a manager at PHH and our main contact has refused to return our phone calls or communicate to us in any way. The parcel stated has been sold for delinquent taxes due to PHH mishandling. The original amount was {$1500.00}, but since it has not been paid by PHH it is now up to {$1700.00} and will increase again in XX/XX/XXXX for additional fines and penalties. Back on XX/XX/XXXX PHH sent two checks in the amount {$750.00} each. PHH has been given by us and the clerk 's office specific instructions on how to send and what to send. The two checks were returned to PHH on XX/XX/XXXX for wrong PIN number, ISF, incorrect check type and this has happened three times now. We have until the year XXXX to redeem the back taxes to keep our property. PHH has stopped all communications to us and has sent threatening letters stating they will start charging us a {$50.00} for some unknown reason and a {$17.00} fee for processing, processing what?
Company Response:
State: IL
Zip: 600XX
Submitted Via: Web
Date Sent: 2020-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-03
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: For the past 3 plus years Ocwen Mortgage has fraudently been reporting that I have been late numerous times which is inaccurate and untrue. Although I have sent them numerous correspondences alerting to them that the information was inaccurate and untrue even providing proof such as canceled checks etc. They and their subsidiary company PHH Mortgage has continued to report this derogatory and inaccurate information on my credit reports. The only response from Ocwen And PHH Mortgage has been dunning letters and informing me that I am past due and adding excessive late fees. I have disputed this inaccurate information with all three credit bureaus but Ocwen and PHH continue to verify and falsely report this inaccurate information. I had a previous lawsuit with Ocwen Mortgage which was settled out of court several years ago and they agreed to remove this false information but have failed to do so. Ocwen turned over this false information to PHH which continues to report this false inaccurate and damaging information. Ocwen and PHH have been willingfuly withholding my payments and returning them to me after a 30 day period just so they can charge excessive late fees and illegaly foreclose on my home which I have been able to stop everytime they have tried.
Company Response:
State: TX
Zip: 78228
Submitted Via: Web
Date Sent: 2020-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-03
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: OCWEN HAS AN ACCOUNT ON MY CREDIT REPORT THAT IS NOT MINE/INACCURATE.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33617
Submitted Via: Web
Date Sent: 2020-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-02
Issue: Trouble during payment process
Subissue:
Consumer Complaint: We took a second mortgage out in XXXX. The agreement was for 240 payments of {$310.00}. The disclosure statement said that would cover the {$30000.00} principal and {$46.00}, XXXX worth of interest for a total of {$76000.00}. Interest rate was 11.521 % which I hear is outrageous but we were dumb at the time I guess. I'll admit it was a bad decision. We have paid every payment to date though. We are nearing the last payment which is XX/XX/XXXX and I asked for a payoff. I was told we would owe over {$9000.00} if it was paid off by our XXXX payment date. No one can explain to me why we would still owe this much when we have made all the payments. In XXXX we were forced to declare bankruptcy when my husband was XXXX and we had huge medical bills. The loan was not reaffirmed but per our lawyers suggestion we continued to make payments on it. At that time we were behind a few payments but we made an agreement to make up those payments and we did it. Since then we were rarely even late, and in the last 8 years have never been late. When we were late we always paid the late fee and we have always paid any other ridiculous fees they tacked on for things like them selling the mortgage to another company or sending us documents.. I requested loan histories from Ocwen, this company and another previous holder of the mortgage, Litton, and I can prove that we made the payments. A lawyer is looking over those now, but has generally agreed with me that when we make these final 6 payments we will have completed the loan terms. The mortgage has been sold a few times. The current holder is a company called PHH or XXXX, whichever they choose to use as a name on a document. It's a subsidiary of Ocwen, which was the previous servicer. In the last 2 years they continually claimed we were late on payments, even though we always made our payments 10-14 days early online. We had to call each month to get the late charges removed. When the payments were declared late that changed how the payment was allocated between interest and principal, making us pay more interest. I finally made someone understand that after I made an online complaint and they claim they fixed this going back to when they got the mortgage. But no one can still explain why that would leave such a huge amount at the end of the loan. I offered to give them the last 6 payments we owe for a release of the lien but they insist our last payment needs to be some {$7.00}, XXXX more than what the sum of those payments would be. We are senior citizens and I can not just give them extra money we don't owe to get the lien cleared. We will continue to make payments while this is being resolved. But I would like them to release the lien as soon as all the scheduled regular payments have been made without that huge unexplained amount on the end. I have consulted with a lawyer as I said and he suggested I file this complaint.
Company Response:
State: MI
Zip: 487XX
Submitted Via: Web
Date Sent: 2020-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-02
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Concerns : Wrongful intent to foreclose Poor credit reporting Payments not being applied to my loan Inconsistency information given Being LIED too by each and every PHH representative WHERE IS THE MONEY?! To whom it may concern : We would like to express serious concerns regarding our Mortgage Lender PHH Mortgage Company. Please assist in any way possible. They have received our payments and have not applied them to our account stating that we now are past due {$5500.00} for the months of- XXXX XXXX XXXX XXXX and now have sent an Intent to Foreclose document. We have had several conversations asking them why they have not applied our payments. All we continue to get is a bunch of lies and the run-around. They tell you anything to get you off the phone. So I then started tracking down the representatives ID numbers and names, which are all based out of XXXX! XXXX and Name= XXXX XXXX and Name=XXXX XXXX XXXX and Name= XXXX ( a supervisor that suppose to put a request to expedite the finial terms and agreement of the remodification but never followed up or completed the request ) XXXX and Name=XXXX XXXX and Name=XXXX XXXX and Name=XXXX ( a supervisor that just hang up on people and never call back ) XXXX and Name=XXXX XXXX and Name=XXXX ( a supervisor or kept his word about calling us back in a week but lied and about being our relationship manager who they can't even transfer us to nor speak to. ) Events that have taken place : XX/XX/XXXX -Called in to make a payment and was told we were qualified for a loan Re-Modification and that our trial period starts on XX/XX/XXXX with a new monthly mortgage payment of {$1000.00}. So we accepted the offer and also made the first payment of {$1000.00} over the phone the same day with the representative that advised us about the Re-Modification he asked if we wanted an head start on the trial payments that started on XX/XX/XXXX. Payment # 1 XX/XX/XXXX, XXXX Called in to make a payment and was told by the representative that we overpaid in XXXX and that we should only pay {$970.00}. I then paid over the phone for an even {$1000.00}. Payment # 2 XX/XX/XXXX Called to make the 3rd payment and was told that the modification was denied due to lack of payment on XX/XX/XXXX in which I overpaid what the representative told me to actually pay, and they would not accept a payment from us. Big Inconvenience and VERY STRESSFUL. Point : I called prepared to pay {$1000.00} WHY : would I only pay {$1000.00}? At this point I asked for the calls for XXXX and XXXX to be pulled and researched for Validation of MISCOMMUNICATION from the representative telling me that we only needed to pay {$970.00}. XX/XX/XXXX, XXXX Called back was told the exact same thing can't take a payment and that the re-modification was denied and now they are doing research. XX/XX/XXXX Called back was told the same thing, that they can not take a payment and that they are researching the account. XXXX XXXX Called and was told that they found the error and the re-modification was reversed but had to pay {$1000.00} due to the lack of {$23.00} from the miscommunication given to me by the representative I spoke to on XX/XX/XXXX. So we made the payment of {$1000.00} which was the 3rd Payment to clear good standing for final approval of the Re-modification. XX/XX/XXXX, XXXX Called and was told that we should have the final term for the review in the mail within 7-10 business days and to just sign and date and mail the forms back in. XX/XX/XXXX, XXXX Called to make a payment and they we not accept the payment. The reason was that because the final agreement had not taken place they could not accept a payment over the phone and that we had to use XXXX XXXX. XX/XX/XXXX, XXXX We send a payment of {$1000.00} by XXXX XXXX . Payment 4 XX/XX/XXXX, XXXX We called to confirm the payment had been received and they informed us that it would take 24-48 hours. XX/XX/XXXX, XXXX Called and was told that I had to go back to XXXX XXXX and get the money back NO Payment being accepted only because of the final agreement is still under review but to hold onto the payment. Point : Why were we not foretold this on the previous calls. Miscommunication again and lack of education from the employees. Noone is on the same page and again telling people ANYTHING! XX/XX/XXXX, XXXX Letter through XXXX of INTENT TO FORECLOSE and a letter from PHH saying the reason our payment was sent back was because it did not meet the default/past due amount of {$4000.00}. BUT WE ARE NOT AT DEFAULT OR PAST DUE THEY HAVE NOT APPLIED OUR PAYMENTS. Now, every call we are getting a sorry and a lie that this was not going to happen and that the re-modification would clear these charges and make the correct changes. However, that does not help US! This is our HOME not some clubhouse! XX/XX/XXXX, XXXX called was told that the Modification was still under FINAL Review and that the Intent to Foreclose does not apply. However, the letter clearly states by XXXX the funds need to be paid and I can t seem to get any conclusion to the SERIOUS MATTER! XXXX XXXX XXXX and NAME = XXXX, called stated that he was the relationship manager and that a final agreement was sent out on XXXX, and that it would take 2 business days to receive and to sign date and mail it back. Today is XXXX still no letter.
Company Response:
State: VA
Zip: 22407
Submitted Via: Web
Date Sent: 2020-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-02
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: PHH Mortgage Services in falsifying mortgage payment request that are delinquent. They are not my lender. They have sent me numerous invoices in XXXX. The amount due is {$2600.00}. If you call the number, it is clear that it is fraudulent. You only get a recording and no live person answers. They are options to pay with a credit card. Information on the company is as follows : PHH Mortgage XXXX XXXX XXXX XXXX XXXX, NJ XXXX XXXX XXXX Email : XXXX Fax : XXXX
Company Response:
State: CA
Zip: 93940
Submitted Via: Web
Date Sent: 2020-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-02
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On or about XX/XX/2017 i was litigating ( proSe ) with case # XXXX. On those they XXXX XXXX settlement notices were sent but I couldnt received because i had file already in court. I am seeking to be added to customers notices on the XXXX dollar action..my case was dismissed i could not appeal ..coud not afford an attorney. Thanks XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 93907
Submitted Via: Web
Date Sent: 2020-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-28
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On XX/XX/XXXX, my late husband and I executed a sub-prime / adjustable interest rate refinance mortgage loan transaction wherein XXXX XXXX XXXX XXXX ( " XXXX XXXX '' ) designated itself the lender, my late husband was the sole obligor who executed a promissory note, and we both executed a mortgage instrument wherein Mortgage Electronic Registration Systems , Inc. ( " MERS '' ) as the alleged nominee for XXXX XXXX was declared the " mortgagee ''. In XX/XX/XXXX, XXXX XXXX became a Chapter XXXX Bankruptcy Debtor in the U.S. Bankruptcy Court for the District of Delaware under Case No. XXXX, at which time, the local land records were void of any instruments asserting a transfer and assignment of my mortgage loan for MERS as the alleged nominee for XXXX XXXX remained the purported mortgagee of record. A true copy of XXXX XXXX 's bankruptcy petition is annexed hereto as Exhibit A. On XX/XX/XXXX, the Chapter XXXX Trustee for XXXX XXXX XXXX bankruptcy filed a rejection of executory contracts to cancel any agreements between the debtor, XXXX XXXX. ( " XXXX '' ) and the latter 's subsidiary MERS. A true copy of XXXX XXXX XXXX rejection of executory contracts with XXXX and MERS is annexed hereto as Exhibit B. In XX/XX/XXXX, Litton Loan Servicing, LP ( " Litton Loan '' ) as our mortgage servicer instructed us to become delinquent in order to qualify for a loan modification being our payments had increased due to the adjustable interest rate. In good faith, my late husband and I followed Litton Loan 's instructions by missing the payment due XX/XX/XXXX and thereafter. Instead of modifying our loan upon us following instructions to become delinquent, Litton Loan initiated foreclosure proceedings by complaint filed XX/XX/XXXX in the Superior Court of New Jersey under Docket No. : XXXX, on the same day my husband XXXX this XXXX, by asserting that : ( 1 ) because of the default on XX/XX/XXXX, Litton elected to nullify the original maturity date of XX/XX/XXXX by accelerating the total principal sum with interest declared due pursuant to N.J.S.A. 46:9-6 as of XX/XX/XXXX and ( 2 ) MERS as the alleged nominee for XXXX XXXX assigned our mortgage loan on XX/XX/XXXX, after XXXX XXXX entered bankruptcy in XX/XX/XXXX and after XXXX XXXX cancelled its executory contracts with XXXX and MERS in XX/XX/XXXX. A true copy of the foreclosure complaint filed in the Superior Court of New Jersey under Docket No. XXXX by Litton Loan on XX/XX/XXXX, the same day my husband died, is annexed hereto as Exhibit C. Towards the end of XX/XX/XXXX, I was able to negotiate a trial modification with Litton Loan wherein the latter required that I make three equal payments of approximately {$1900.00} each, starting XX/XX/XXXX through XX/XX/XXXX, in order to receive a permanent modification. As displayed within Exhibit D, I fulfilled my obligation by making the payments demanded by Litton Loan towards the trial period modification for XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX, and Litton Loan breached its promise to provide me with a permanent modification. In total, Exhibits D through M, displayed where I tendered approximately {$21000.00} in payments to Litton Loan for the months of XX/XX/XXXX through XX/XX/XXXX, with at least approximately {$16000.00} in payments being cashed by Litton Loan and the latter refused to provide me with a permanent modification. In XX/XX/XXXX, Ocwen Loan Servicing, LLC ( " Ocwen '' ) became the servicer for my mortgage loan and maintained the aforementioned foreclosure action under Docket No. XXXX without de-accelerating my mortgage loan because of the default as of XX/XX/XXXX as declared within the complaint filed on XX/XX/XXXX, the same day my husband died ( See Exhibit C ). In XX/XX/XXXX, Ocwen caused the first foreclosure action under Docket No. XXXX to be voluntarily dismissed as displayed within Exhibit N annexed hereto. On XX/XX/XXXX, Ocwen entered into a consent judgment with the CFPB and 49 State Attorneys General to prohibit Ocwen 's further engagement in unfair, deceptive and unlawful servicing and foreclosure practices cited in the civil complaint filed as ConsumerFinancial Protection Bureau, et al. v. Ocwen Loan Servicing, et al. ( CaseNo. XXXX ) in the U.S. District Court for the District of Columbia. On XX/XX/XXXX, XXXX violated the aforementioned consent judgment upon creating and causing the XXXX County Clerk to record a second falsely uttered - falsely signed - forged - falsely notarized instrument titled " Assignment of Mortgage New Jersey '' annexed hereto as Exhibit O, consisting of misrepresentations and false assertions regarding a transfer of my mortgage loan, false considerations, imposters, and a false notarization by persons employed by Ocwen. On XX/XX/XXXX, Ocwen further violated the aforementioned consent judgment upon commencing a second foreclosure action in the Superior Court of New Jersey under Docket No. XXXX, a copy of which is annexed hereto as Exhibit P, wherein : ( 1 ) my mortgage loan was already time-barred from foreclosure upon the acceleration pursuant to N.J.S.A. 46:9-6 upon commencing the first foreclosure action on XX/XX/XXXX under Docket No. XXXX ( See Exhibit C ) that was dismissed in XX/XX/XXXX ( See Exhibit N ) ; ( 2 ) Ocwen recited two falsely uttered - falsely signed - forged - falsely notarized instruments misrepresented to be assignments of my mortgage ; and ( 3 ) Ocwen falsely asserted a default occurred as of XX/XX/XXXX, contradicting the first foreclosure action setting forth a default as of XX/XX/XXXX, falsely implying payments were made for the months of XX/XX/XXXX through XX/XX/XXXX, and concealing approximately {$21000.00} in payments that I tendered and forwarded to Ocwen 's predecessor / affiliate company Litton Loan from XX/XX/XXXX through XX/XX/XXXX XXXX XXXX Exhibits D through M ), wherein at least approximately {$16000.00} was cashed. On XX/XX/XXXX, Ocwen violated the aforementioned consent judgment upon creating and causing the XXXX County Clerk to record a third falsely uttered - falsely signed - forged - falsely notarized instrument titled " Corporate Assignment of Mortgage '' annexed hereto as Exhibit Q, consisting of misrepresentations and false assertions regarding a transfer of my mortgage loan, false considerations, imposters, and a false notarization by persons employed by Ocwen. On XX/XX/XXXX, PHH Mortgage Corporation ( " PHH '' ) entered into a consent judgment with 49 State Attorneys General to prohibit PHH 's further engagement in unfair, deceptive and unlawful servicing and foreclosure practices cited in the civil complaint filed as State of Alabama, et al. v. PHH Mortgage Corporation ( Case No. XXXX ) in the U.S. District Court for the District of Columbia . On XX/XX/XXXX, PHH violated the aforementioned consent judgment upon creating and causing the XXXX County Clerk to record a second falsely uttered - falsely signed - forged - falsely notarized instrument titled " Assignment of Mortgage New Jersey '' annexed hereto as Exhibit R, consisting of misrepresentations and false assertions regarding a transfer of my mortgage loan, false considerations, imposters, and a false notarization by persons employed by PHH and or its affiliate company Ocwen. To present date, XXXX, XXXX ( " XXXX '' ), PHH and XXXX XXXX ( " XXXX '' ) are illegally maintaining foreclosure against my home by seeking enforcement of an already time-barred mortgage loan, while concealing approximately {$21000.00} in payments that I tendered as of XX/XX/XXXX through XX/XX/XXXX ( See Exhibits D through M ), and using the aforementioned false and forged evidence along with a counterfeit note instrument annexed hereto as Exhibit S, wherein a separate page displays an undated stamp and forged signature of " XXXX XXXX '' whose varying signatures and unoriginal stamps were mentioned in the Florida Office of theAttorney General Economic Crimes Division titled Unfair, Deceptive AndUnconscionable Acts In Foreclosure Cases ( Id. at Page 61-62 of 98 ). Furthermore, despite receiving at least three FDCPA validation letters and Qualified Written Request dating back to XX/XX/XXXX through XX/XX/XXXX, XXXX, PHH, Ocwen and RAS have either : ( 1 ) failed to response as required by applicable laws ; and / or ( 2 ) provided incomplete and or false responses in violation of applicable laws. Additionally, by order entered by the U.S. Bankruptcy Court for the District of Delaware on XX/XX/XXXX in Case No. XXXX that is annexed hereto as Exhibit T, the Trustee for XXXX XXXX 's bankruptcy was directed to forward me certain documents that I requested prior to their destruction. In return, I received several documents including, but not limited to, a " Telephone Verification of Employment '' and " Underwriter 's Income Analysis for Full Docs '' for my husband that was falsified by New Century and / or its successors upon falsely declaring my husband 's income earned was {$9600.00} a month and {$110000.00} a year for XXXX which was extremely exaggerated and false, and XXXX XXXX and / or its successors further falsified the loan application by including my earnings for XXXX and XXXX even though I was a non-obligor. A copy of the falsified income documents received from XXXX XXXX 's bankruptcy trustee in the year XXXX is annexed hereto as Exhibit U. Hence, the incomplete responses to by FDCPA and QWR letters that I received from XXXX, XXXX and XXXX conveniently omitted the aforementioned falsified income verification information that was forwarded to me in the year XXXX from the Trustee in XXXX XXXX 's bankruptcy matter ( See Exhibit U ), which New Century and / or its successors illegally created to approve my late husband and I for a loan that we could not afford and for which XXXX and PHH should have in their possession. In closing, the aforementioned issues and events is causing me a great deal of anguish, mental and emotional distress, especially the fact that XXXX, PHH and XXXX continue to falsely assert that no payments were made as of XX/XX/XXXX, while omitting and concealing approximately {$21000.00} in payments made between XX/XX/XXXX through XX/XX/XXXX during the hardest time in my life upon the XXXX of my husband on XX/XX/XXXX, the same day Litton Loan commenced a foreclosure upon the default on XXXX XXXX, XXXX which is the result of my husband and I following Litton Loan 's instruction to become delinquent to qualify for a modification.
Company Response:
State: TX
Zip: 76543
Submitted Via: Web
Date Sent: 2020-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-28
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On XX/XX/XXXX, my late husband and I executed a sub-prime / adjustable interest rate refinance mortgage loan transaction wherein XXXX XXXX XXXX XXXX ( " XXXX XXXX '' ) designated itself the lender, my late husband was the sole obligor who executed a promissory note, and we both executed a mortgage instrument wherein Mortgage Electronic Registration Systems , Inc. ( " MERS '' ) as the alleged nominee for XXXX XXXX was declared the " mortgagee ''. In XXXX of XXXX, XXXX XXXX became a Chapter XXXX Bankruptcy Debtor in the U.S. Bankruptcy Court for the District of Delaware under Case No. XXXX, at which time, the local land records were void of any instruments asserting a transfer and assignment of my mortgage loan for MERS as the alleged nominee for XXXXXXXX XXXX remainedthe purported mortgagee of record. A true copy of XXXX XXXX XXXX bankruptcy petition is annexed hereto as Exhibit A. On XX/XX/XXXX, the Chapter XXXX Trustee for XXXX XXXX XXXX bankruptcy filed a rejection of executory contracts to cancel any agreements betweenthe debtor, XXXX XXXX. ( " XXXX '' ) and the latter 's subsidiary MERS. A true copy of XXXXXXXX XXXX XXXX rejection of executory contracts with XXXX and MERS is annexed hereto as Exhibit B. In XXXX of XXXX, Litton Loan Servicing, LP ( " Litton Loan '' ) as our mortgage servicer instructed us to become delinquentin order to qualify for a loan modification being our payments had increased due to the adjustable interest rate. In good faith, my late husband and I followed Litton Loan 's instructions by missing the payment due XX/XX/XXXX and thereafter. Instead of modifying our loan upon us following instructions to become delinquent, Litton Loan initiated foreclosure proceedings by complaint filed XX/XX/XXXX in the Superior Court of New Jersey under Docket No. : XXXX, on the same day my husband departed this life, by asserting that : ( 1 ) because of the default on XX/XX/XXXX, Litton elected to nullify the original maturity date of XX/XX/XXXX by accelerating the total principal sum with interest declared due pursuant to N.J.S.A. 46:9-6 as of XX/XX/XXXX and ( 2 ) MERS as the alleged nominee for XXXX XXXX assigned our mortgage loan on XX/XX/XXXX, after XXXX XXXX entered bankruptcy in XX/XX/XXXX and after XXXX XXXX cancelled its executory contracts with XXXX and MERS in XX/XX/XXXX. A true copy of the foreclosure complaint filed in the Superior Court of New Jersey under Docket No. XXXX by Litton Loan on XX/XX/XXXX, the same day my husband died, is annexed hereto as Exhibit C. Towards the end of XX/XX/XXXX, I was able to negotiate a trial modification with Litton Loan wherein the latter required that I make three equal payments of approximately {$1900.00} each, starting XX/XX/XXXX through XX/XX/XXXX, in order to receive a permanent modification. As displayed within Exhibit D, I fulfilled my obligation by making the payments demanded by Litton Loan towards the trial period modification for XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX, and Litton Loan breached its promise to provide me with a permanent modification. In total, Exhibits D through M, displayed where I tendered approximately {$21000.00} in payments to Litton Loan for the months of XX/XX/XXXX through XX/XX/XXXX, with at least approximately {$16000.00} in payments being cashed by Litton Loan and the latter refused to provide me with a permanent modification. In XXXX of XXXX, Ocwen Loan Servicing, LLC ( " Ocwen '' ) became the servicer for my mortgage loan and maintained the aforementioned foreclosure action under Docket No. XXXX without de-accelerating my mortgage loan because of the default as of XX/XX/XXXX as declared within the complaint filed on XX/XX/XXXX, the same day my husband died ( See Exhibit C ). In XXXX of XXXX, Ocwen caused the first foreclosure action under Docket No. XXXX to be voluntarily dismissed as displayed within Exhibit N annexed hereto. On XX/XX/XXXX, Ocwen entered into a consent judgment with the CFPB and 49 State Attorneys General to prohibit Ocwen 's further engagement in unfair, deceptive and unlawful servicing and foreclosure practices cited in the civil complaint filed asConsumerFinancial Protection Bureau, et al. v. Ocwen Loan Servicing, et al. ( CaseNo. 13-cv-2025-RMC ) in the U.S. District Court for the District of Columbia. On XX/XX/XXXX, Ocwen violated the aforementioned consent judgment upon creating and causing the XXXX County Clerk to record a second falsely uttered - falsely signed - forged - falsely notarized instrument titled " Assignment of Mortgage New Jersey '' annexed hereto as Exhibit O, consisting of misrepresentations and false assertions regarding a transfer of my mortgage loan, false considerations, imposters, and a false notarization by persons employed by Ocwen. On XX/XX/XXXX, Ocwen further violated the aforementioned consent judgment upon commencing a second foreclosure action in the Superior Court of New Jersey under Docket No. XXXX, a copy of which is annexed hereto as Exhibit P, wherein : ( 1 ) my mortgage loan was already time-barred from foreclosure upon the acceleration pursuant to N.J.S.A. 46:9-6 upon commencing the first foreclosure action on XX/XX/XXXX under Docket No. XXXX ( See Exhibit C ) that was dismissed in XXXX of XXXX ( See Exhibit N ) ; ( 2 ) Ocwen recited two falsely uttered - falsely signed - forged - falsely notarized instruments misrepresented to be assignments of my mortgage ; and ( 3 ) Ocwen falsely asserted a default occurred as of XX/XX/XXXX, contradicting the first foreclosure action setting forth a default as of XX/XX/XXXX, falsely implying payments were made for the months of XX/XX/XXXX through XX/XX/XXXX, and concealing approximately {$21000.00} in payments that I tendered and forwarded to Ocwen 's predecessor / affiliate company Litton Loan from XX/XX/XXXX through XX/XX/XXXX ( See Exhibits D through M ), wherein at least approximately {$16000.00} was cashed. On XX/XX/XXXX, Ocwen violated the aforementioned consent judgment upon creating and causing the XXXX County Clerk to record a third falsely uttered - falsely signed - forged - falsely notarized instrument titled " Corporate Assignment of Mortgage '' annexed hereto as Exhibit Q, consisting of misrepresentations and false assertions regarding a transfer of my mortgage loan, false considerations, imposters, and a false notarization by persons employed by Ocwen. On XX/XX/XXXX, PHH Mortgage Corporation ( " PHH '' ) entered into a consent judgment with 49 State Attorneys General to prohibit PHH 's further engagement in unfair, deceptive and unlawful servicing and foreclosure practices cited in the civil complaint filed asState of Alabama, et al. v.PHH Mortgage Corporation ( Case No. 1:18-cv-00009-TFH ) in the U.S. District Court for the District of Columbia . On XX/XX/XXXX, PHH violated the aforementioned consent judgment upon creating and causing the XXXX County Clerk to record a second falsely uttered - falsely signed - forged - falsely notarized instrument titled " Assignment of Mortgage New Jersey '' annexed hereto as Exhibit R, consisting of misrepresentations and false assertions regarding a transfer of my mortgage loan, false considerations, imposters, and a false notarization by persons employed by PHH and or its affiliate company Ocwen. To present date, XXXX, XXXX ( " XXXX '' ), PHH and XXXX XXXX ( " XXXX '' ) are illegally maintaining foreclosure against my home by seeking enforcement of an already time-barred mortgage loan, while concealing approximately {$21000.00} in payments that I tendered as of XX/XX/XXXX through XX/XX/XXXX ( See Exhibits D through M ), and using the aforementioned false and forged evidence along with a counterfeit note instrument annexed hereto as Exhibit S, wherein a separate page displays an undated stamp and forged signature of " XXXX XXXX '' whose varying signatures and unoriginal stamps were mentioned inthe Florida Office of theAttorney General Economic Crimes Division titled Unfair, Deceptive AndUnconscionable Acts In Foreclosure Cases ( Id. at Page 61-62 of 98 ). Furthermore, despite receiving at least three FDCPA validation letters and Qualified Written Request dating back to XX/XX/XXXX through XX/XX/XXXX, XXXX, PHH, Ocwen and XXXX have either : ( 1 ) failed to response as required by applicable laws ; and / or ( 2 ) provided incomplete and or false responses in violation of applicable laws. Additionally, by order entered by the U.S. Bankruptcy Court for the District of Delaware on XX/XX/XXXX in Case No. XXXX that is annexed hereto as Exhibit T, the Trustee for XXXX XXXX XXXX bankruptcy was directed to forward me certain documents that I requested prior to their destruction. In return, I received several documents including, but not limited to, a " Telephone Verification of Employment '' and " Underwriter 's Income Analysis for Full Docs '' for my husband that was falsified by XXXX XXXX and / or its successors upon falsely declaring my husband 's income earned was {$9600.00} a month and {$110000.00} a year for XXXX which was extremely exaggerated and false, and XXXX XXXX and / or its successors further falsified the loan application by including my earnings for XXXX and XXXX even though I was a non-obligor. A copy of the falsified income documents received from XXXX XXXX XXXX bankruptcy trustee in the year XXXX is annexed hereto as Exhibit U. Hence, the incomplete responses to by FDCPA and QWR letters that I received from XXXX, PHH and XXXX conveniently omitted the aforementioned falsified income verification information that was forwarded to me in the year XXXX from the Trustee in XXXX XXXX XXXX bankruptcy matter ( See Exhibit U ), which XXXX XXXX and / or its successors illegally created to approve my late husband and I for a loan that we could not afford and for which XXXX and PHH should have in their possession. In closing, the aforementioned issues and events is causing me a great deal of anguish, mental and emotional distress, especially the fact that XXXX, PHH and XXXX continue to falsely assert that no payments were made as of XX/XX/XXXX, while omitting and concealing approximately {$21000.00} in payments made between XX/XX/XXXX through XX/XX/XXXX during the hardest time in my life upon the death of my husband on XX/XX/XXXX, the same day Litton Loan commenced a foreclosure upon the default onXX/XX/XXXX which is the result of my husband and I following Litton Loan 's instruction to become delinquent to qualify for a modification.
Company Response:
State: TX
Zip: 76543
Submitted Via: Web
Date Sent: 2020-03-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A