Date Received: 2020-02-24
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am filing this complaint due to the fact my home went to foreclosure sale illegally. In XX/XX/XXXX, PHH approved my loan for a modification whereas I was required to make 3 consecutive payments in the amount of {$6200.00} on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX which I adhered to. In XXXX, I called PHH to make my trial payment and I was advised that my modification was declined due to failure to return the permanent modification documents within the deadline imposed of XX/XX/XXXX. I was advised that in XX/XX/XXXX PHH mailed the permanent modification however I never received them. After being notified of the denial, I submitted a letter to PHH on XX/XX/XXXX advising that we never received the permanent modification documents nor did anyone reach out from PHH via e-mail or phone to notify me of these documents. Furthermore, we notified them of a death in our family that may have contributed to never getting this documents. Please see attached letter. PHH acknowledged our letter on XX/XX/XXXX whereas they advised that we can have the modification denial reversed provided that we return the modification agreement along with paying the XXXX and XXXX trial payments totaling {$12000.00}. It also stated that if the denial reversal did not transpire in XXXX, that a total of {$18000.00} would be due in XXXX. Please note that the response letter that was generated by PHH on XX/XX/XXXX did not arrive until Wednesday XX/XX/XXXX. I immediately got the documents and had them notarized on XX/XX/XXXX. I faxed a copy of these documents to PHH to advise them that I am in agreement with the response letter dated XX/XX/XXXX. PHH nor the foreclosure attorney advise me that they scheduled a foreclosure sale date on my property for XX/XX/XXXX although the response letter dated XX/XX/XXXX advised that I had through XXXX to pay the {$18000.00}. The response letter did not provide any deadline dates with exception to that I would have to pay the {$18000.00} in the month of XXXX. I contacted PHH on XX/XX/XXXX to confirm the address they would like me to mail the documents and check to only be advised that my property went to foreclosure sale on XX/XX/XXXX. It is my belief the representative did not properly disclose specific information such as when the documents and funds were due nor did the letter advise of a foreclosure sale pending of XX/XX/XXXX. Prior to the response letter PHH provided dated XX/XX/XXXX, they provided copies of the modification documents they resent on XX/XX/XXXX. Please note these documents were the exact documents they stated was mailed on XX/XX/XXXX. The cover page was also dated XX/XX/XXXX although the documents were re-generated on XX/XX/XXXX. The deadline on the documents read XX/XX/XXXX although they were being resent to me on XX/XX/XXXX. It is absolutely clear based on all correspondences received from PHH surrounding this issue that this issue was not properly address whereas it should have provided specific dates as to when the permanent modifications and funds were due by. If they required the permanent documents and funds prior to XX/XX/XXXX, why wouldnt this information be stated in the response letter dated XX/XX/XXXX.
Company Response:
State: CA
Zip: 91325
Submitted Via: Web
Date Sent: 2020-02-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XX/XX/XXXX : Homeowner receives letter from lender, PHH Mortgage, dated XX/XX/XXXX. She attempts to make contact with the lenders representative, XXXX XXXX, at the phone number in the correspondence. The homeowner stated that for two weeks she called multiple times a day at various times of the day, but the phone never connected to the representative. She decides to send a loss modification packet on her own to the fax number as indicated on the correspondence from the lender. XX/XX/XXXX : Homeowner receives letter from lender dated XX/XX/XXXX. She called the lenders representative, XXXX XXXX, she was unable to reach him. She became frustrated and she sought help from a HUD Approve Housing Counseling Agency. XX/XX/XXXX : A complete loan modification packet was sent to the lender ; the packet was sent according to the instructions outlined in the XX/XX/XXXX correspondence from the lender sent to the homeowner. The fax number given by the lender in the correspondence did not work, therefore the housing counselor had to contact the lender to receive a fax number that was operable to receive the requested documentation for the loan modification. To contact the lender during the working day ( EST : XXXX ) is very difficult and without being on hold for over 40 minutes. The 3rd party authorization form was sent to : XXXX. The loss mitigation application, 3rd party authorization and supporting documentation packet was sent by fax at XXXX ( fax : XXXX ) ( SEE FAX COVERSHEET dated XX/XX/XXXX for XXXX, XXXX, XXXX, XXXX ) XX/XX/XXXX : HUD Approved Housing Counselor contacts lender after working hours due to the lender will not answer calls prior to XXXX EST. The lender requested additional documents needed to submit to underwriting for review. The following was needed : Homeowner must prove employment, the paystubs did not substantiate employment. A letter from the employer is needed to validate employment ; the letter must be on letterhead, dates of employment and rate of pay. Page 3 and 5 of the request for mortgage application was not readable. XX/XX/XXXX : HUD Approved Housing Counselor contacts lender after working hours due to the lender will not answer calls prior to XXXX EST. Lender states they had not received the information sent via fax on XX/XX/XXXX. Therefore counselor must resend packet ( SEE FAX COVERSHEET dated XX/XX/XXXX for XXXX ) : Homeowner must prove employment, the paystubs did not substantiate employment. A letter from the employer is needed to validate employment ; the letter must be on letterhead, dates of employment and rate of pay. Page 3 and 5 of the request for mortgage application was not readable. XX/XX/XXXX : HUD Approved Housing Counselor contacts lender to receive update status of loan modification application. Was told additional documentation was needed by the underwriter. The underwriter wanted proof that TANF deposits are being deposited in the bank. The counselor explained that the TANF benefits were not deposit into the bank ; state funds are deposited on a EPPI Card. The representative stated that the benefits must be deposited into the bank, if not, the benefits will not be considered as income. The counselor faxed the TANF statements again, as was sent with the initial RMA application, and faxed EPPI card information as issued by the State of Georgia for TANF benefits. The information was also emailed to XXXX ( SEE EMAIL and FAX COVERSHEET for XXXX and XXXX and attached documents dated XXXX XX/XX/XXXX ). Documents sent : Letter of Explanation of TANF benefits, amounts, EPPI Card, benefit statements, etc. TANF statement ( XXXX and XX/XX/XXXX ) Food Stamp Statements ( XXXX and XX/XX/XXXX ) Bank statements ( again to include additional month ) EPPI Card information as obtained from the State of Georgia website regarding the benefits and how they are distributed on the issued card XX/XX/XXXX : HUD Approved Housing Counselor contacts lender to receive update status of loan modification application. Was told additional documentation was needed by the underwriter. The representative wanted the following ( SEE COVERSHEET for XX/XX/XXXX for XXXX and XXXX ) : TANF signed statement by the homeowner : a signed statement with an explanation to clarify how the TANF benefits are distributed to the homeowner ( the letter dated XX/XX/XXXX and sent via fax was denied as acceptable. Although it had the same information was sent XX/XX/XXXX. Additional TANF Benefit statements for XX/XX/XXXX and XX/XX/XXXX. ( These are the same statements sent XX/XX/XXXX under fax coversheet ). XX/XX/XXXX : HUD Approved Housing Counselor contacts lender to receive update status of loan modification application. Was told additional documentation was needed by the underwriter. The representative wanted the following ( SEE COVERSHEET for XX/XX/XXXX for XXXX and XXXX ) : Bank statements : XX/XX/XXXX through XX/XX/XXXX and XX/XX/XXXX through XX/XX/XXXX Hardship letter ( this document was sent under original submission in XX/XX/XXXX and during the resubmission of RMA application as required and requested by the lender under submission XX/XX/XXXX ) Page 5 of the RMA must be resent ( was sent XX/XX/XXXX SEE COVERSHEET ) The representative asked for the XX/XX/XXXX : HUD Approved Housing Counselor contacts lender to receive update status of loan modification application. Was told additional documentation was needed by the underwriter. The representative wanted the following ( SEE COVERSHEET for XX/XX/XXXX for XXXX and XXXX ) : Re-submission of entire RMA Mortgage Assistance Application ; the representative stated the RMA application sent in XXXX and XXXX expired and the process needed to start again New hardship letter ; the representative stated that the hardship expired under the original submission in XXXX and a new hardship is needed Spoke to Employee # XXXX. Loan modification status, outstanding balance of {$9000.00}. Incomplete : Need completed hardship affidavit from application ( date ) and the application solicitation center inquiry section. Please note the representative could not clarify what the " Solicitation center inquiry section '' is and could not find it on the RMA. He also placed the counselor on hold to talk to management regarding the Solicitation center inquiry section '' and his management could not find it on the RMA. But he said if it is not sent in, the packet would be considered incomplete. The homeowner believes her consumer rights have been violated. She faithfully submitted the same documentation over and over again. A representative stated to the borrower and counselor that the lender will be receiving a subsidy to add to the loan from the government ; therefore the underwriters wanted to ensure the biggest return to modify the loan, if possible. The RMA application had to be resubmitted three times for no reason except that the lender is increasing the defaulted amount in order to receive a greater payment for loss mitigation operations. The loan modification could have been approved back in XXXX with the 1st submission by the HUD Approved Housing Counseling Agency. Therefore the homeowner is asking the loan modification PITI payment to be {$550.00} per month or less and for the loan to be restructured for 25 years with an interest rate fixed at 3.75 % with no balloon payment. And the lender should not receive any subsidy for lack of resolving the default expediently. Also the lender served the homeowner with a SUMMONS on XX/XX/XXXX. When the homeowner made an inquiry to the lender, the lender could not answer the reason for the summons. The homeowner needs an explanation.
Company Response:
State: GA
Zip: 31313
Submitted Via: Web
Date Sent: 2020-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Attempting to contact call center when I am not working. Call center reported that they " could not transfer me '' to United States branch. Call is recorded, requested 4 times. Representative name is " XXXX ''. I was informed by a representative 2 weeks ago ( call is recorded ) that I was assigned a new case manager, " XXXX '', in the United States. Have never received any contact from her or call back. More incivility and unethical behavior on the part of PHH off shore branch.
Company Response:
State: CA
Zip: 92203
Submitted Via: Web
Date Sent: 2020-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My mortgage loan was modified by PHH on XX/XX/XXXX( see attached ). After the loan was permanently modified, PHH canceled the modification and proceeded with foreclosure action. PHH cited on XX/XX/XXXX( see attached ) that there were issues with the title that prevented acceptance into the program. Since my loan is secured by FHA, there is a right to clear title issues prior to closing on an y modification deals. PHH never allowed me to clear up the title issues, which stem from HOA dues. Moreover, the law firm representing the HOA, set up a payment plan on the outstanding balance due ( see attached ). This payment plan is an actual agreed order entered into court, which negates the right for the HOA to proceed with any foreclosure activity. The agreed order was never submitted to FHA for underwriting consideration. PHH is clearly motivated to foreclose in order to collect excess fees by billing FHA for foreclosure costs. PHH is in violation of general CFPB law, based on the lack of transparency during the modification process. They are also in violation of FHA 24 CFR Section 203.604, for failure to meet face to resolve delinquency issues. FHA requires all mortgagees to have a face-to-face meeting with the borrower, or make a reasonable effort to do so, before the borrower is seriously delinquent or foreclosure activity commences. PHH has set a foreclosure sale date of XXXX, so I am seeking your assistance on this matter.
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2020-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-21
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: During the months of XX/XX/XXXX/XX/XX/XXXX. We received a letter from XXXX XXXX sending a demand for payment on the second mortgage loan that was charged off in XX/XX/XXXX. The letter referenced XXXX XXXX was collecting the debt for PHH mortgage company who was listed as the servicer for the loan. Since XXXX couldn't provide any documentation that actually provided that PHH Mortgage was the actual servicer of the second mortgage loan, I ask for additional information from XXXX. On XX/XX/XXXX I received an email from XXXX and they reference they were in receipt of my dispute with them and they wouldn't be providing any more written correspondence or documents. See a copy of the attached email from XXXX. I kept requesting and no information was provided by XXXX. On XX/XX/XXXX, I received a demand letter from XXXX and they continued to reference PHH mortgage as the client they are collecting the debt. see attached letter. So on XX/XX/XXXX, I send a QWR to PHH mortgage which outlined my request to confirm they actually were the servicer for the second mortgage. Please find a copy of the QWR request. As of XX/XX/XXXX. No response. Please find attached the receipt of the OWR and when it was signed for by PHH Mortgage.USPS certified letter was delivered. On XX/XX/XXXX I received an email from PHH Mortgage Corporation asking me and XXXX XXXX, to provide the following : A copy of the title report showing the lien is outstanding and also the following information. Please also provide copies of the recorded Mortgage, Assignments and any payoff information you may have, such as a copy of the payoff statement and/or the HUD1 Settlement Statement. This will help with locating the account in our records. This last request was very upsetting since if in fact, PHH mortgage was actually our servicer, wouldn't in fact, they should already have this information in their system? Please find attached a copy of my XXXX account that references this email.
Company Response:
State: OR
Zip: 97219
Submitted Via: Web
Date Sent: 2020-02-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-21
Issue: Problem with customer service
Subissue:
Consumer Complaint: On XX/XX/XXXX Ocwen Loan Service was paid $ XXXX XXXX by by XXXX XXXX XXXX ( ck # XXXX, They were instruceted to send to me, XXXX XXXX a letter of Release of Lien. When I went to remortgage the house in order to get ex-wife removed from mortgage, it was discovered that I had never received the release from ocwen Loan. I made tow phone calls to Ocwen customer service in XX/XX/XXXX to no avail. I have sent two letters to Ocwen, registered mail on XX/XX/XXXX and XX/XX/XXXX. Both were reeived and siggned for. They have not had the curtosy of even acknowledging that they received the request for ( A ) Release of Lien or ( B ) a copy of origial letter, if they sent one. I am informed that this is a viloation of both State and Federal Law ; I have no way of sending you the documentation electronically as I do not have a scanner. All I am looking for is some sort of documentation so that I can proceed to remortgage the house.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 133XX
Submitted Via: Web
Date Sent: 2020-02-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: The billing procedures of PHH Mortgage are deplorable. Since they took my mortgage over from Ocwen, i was able to log in to make my payment ONCE. Their website is down, you are unable to view tax documents, escrow, property tax info ( all needed for tax purposes ) or make a payment! When you log in, it says we can better serve you over the phone. To use their automated system to make a payment ( over the phone ) it costs money- its through XXXX XXXX speed pay and they tell you upfront it costs money. So you have to sit on the line ... ... ... .. and wait. Eventually you get a customer service rep, usually from over seas, that will take your payment information, but you have to ask them about the fee. Mail a payment in? I wouldn't trust this company with a mailed payment for ANYTHING. I started getting notices from my homeowners insurance company. My insurance wasn't paid, and i was made the billing agent. How is that even possible when its included in my mortgage payment? I can't even log IN TO SEE MY ESCROW ACCOUNT. I am beyond frustrated with this company- their billing procedures are invalid, because you can't make your payments through their websites, as their statements suggest. I smell fraud and they are XXXX miles away. This has been going on since XX/XX/2019. Every month is a hassle. I received an email telling me I have to log on to get my tax documents. But when I do ... XXXX nothing. Call us so we can better serve you. I have talked to their tech support twice. I got the same run around each time. I have used different browsers, i have cleared my cache, I don't have any issues with ANYTHING BUT THEIR WEBSITE- how can you run a business like this!!! ANGRY Dear ( xxxxxxxx ) : An Escrow Tax statement is now available for you to review. For more information, please log onto http : //www.mortgagequestions.com. Please do not respond to this e-mail as it will be sent to an unmonitored e-mail box. to : We feel that your home loan needs can be better addressed over the phone. Please call toll free at ( XXXX ) XXXX so one of the expert mortgage consultants can help you complete your home loan process. Internal Server Error The server encountered an internal error or misconfiguration and was unable to complete your request. Please contact the server administrator at root @ localhost to inform them of the time this error occurred, and the actions you performed just before this error. More information about this error may be available in the server error log. I just called in to get my loan number to finish this complaint. they told me this time, my loan was never registered on their website, which is why I am unable to log in. Huh, really? I've been through this before, twice but ok, just for the purpose of this complaint, i went through it ... .. AGAIN Internal service error. It is not me- its them. I used 3 different browsers and 2 different computers, neither of which have any issues with ANY other website. Registration Error! We have encountered an error. Please see below for additional details. For help, please call XXXX Monday - Friday XXXX - XXXX ET and Saturday XXXX - XXXX ET. Huge FAIL
Company Response:
State: KS
Zip: 660XX
Submitted Via: Web
Date Sent: 2020-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-20
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: Complaint to Consumer Protection against OCWEN LOAN SERVICE Ocwen needs to provide all payments made to Ocwen by XXXX XXXX XXXX XXXX. Ocwen needs to explain why they sent a letter dated XX/XX/XXXX that they will schedule a sale of my property XXXX XXXX XXXX XXXX, Hawaii without legal standing. ( See Exhibit A. ) Ocwen needs to explain why they sent me correspondence on XX/XX/XXXX of an unrecorded assignment dated XX/XX/XXXX from XXXX XXXX XXXX to XXXX XXXX XXXX XXXX. When they already claim they sold the servicing rights in XXXX to XXXX/XXXX XXXX. XXXX Exhibit B ) Ocwen needs to explain why they sent me correspondence on XX/XX/XXXX of assignment dated XX/XX/XXXX from XXXX XXXX to XXXX XXXX XXXX, when they already claim to have sold servicing rights to XXXX/XXXX XXXX. ( see exhibit C. ) Ocwen needs to explain why they sent correspondence dated XX/XX/XXXX, subject matter XX/XX/XXXX letter from GMAC, stating entire balance immediately needs to be paid after 35 days of date of letter dated XX/XX/XXXX. ( See attached Exhibit D ) Ocwen needs to explain their letter dated XX/XX/XXXX signed by Mr. XXXX XXXX of their executive offices stating that Ocwen enclosed in their letter the corrected assignments. Ocwen executed assignment documents dated XX/XX/XXXX and another dated XX/XX/XXXX and one more dated XX/XX/XXXX. Ocwen executed assignment documents in XXXX as they stated in their letter. Now Ocwen claims they dont have any executed assignments in XXXX and XXXX.. Why did Ocwen state XXXX In their letter XX/XX/XXXX that they had corrected assignments in XX/XX/XXXX. Ocwen states the mortgage and note was secured in a trust with XXXX XXXX in XX/XX/XXXX. See letter dated XX/XX/XXXX. Ocwen needs to provide a true recorded assignment that they claim took place in XX/XX/XXXX With XXXX XXXX.. Ocwen lied to me. I have a recorded conversation with Mr. XXXX XXXX of XXXX XXXX XXXX XXXX recorded in XXXX Mr. XXXX stated the XXXX XXXX XXXX had no interest in XXXX XXXX XXXX property. He stated there was no recorded assignment to XXXX XXXX XXXX or there was no assignment recorded to MERS system as nominee. Mr. XXXX stated if XXXX XXXX XXXX had an interest, a recorded assignment had to be recorded in XXXX to the trust or to the MERS system. Ocwen claims to have transferred servicing rights and ownership of mortgage in XX/XX/XXXX without any legal standings and rights. Ocwen executed assignments XXXX XXXX, XX/XX/XXXX, XX/XX/XXXX and again in XXXX even after they claim the servicing rights were sold to XXXX/XXXX. XXXX in XX/XX/XXXX. See attached letter : dated XX/XX/XXXX from XXXX XXXX of XXXX XXXX XXXX XXXX XXXX to Ocwen private investor relations. Also see attached letter dated XX/XX/XXXX from Ocwen Mr. XXXX XXXX office of the consumer ombudsman. In letter from Mr. XXXX he states he believes XXXX XXXX is currently servicing. He states that PHH/Ocwen is not currently the server. Ocwen can not take this action on your behalf. So why did Ocwen executed a fraudulent assignment again in XXXX, if Ocwen already sold the servicing in XXXX? Its now over seven years GMAC Ocwen XXXX/XXXX. XXXX continuously execute fraudulent assignments in attempts to show legal standings and execute endorsement of the note. The original wet copy note endorsed in blank and wet copy mortgage docs do not exist. GMAC in XX/XX/XXXX, stated they only had copies. Ocwen and XXXX /XXXX. XXXX executed fraudulent endorsements on copies of the note. On XX/XX/XXXX I received copies of original mortgage documents from XXXX national title prior to recording and executed by XXXX XXXX XXXX. The notary page signed by a notary, venue page State of Hawaii was left in blank.
Company Response:
State: HI
Zip: 967XX
Submitted Via: Web
Date Sent: 2020-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-19
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: PHH Mortgage Services # XXXX and # XXXX are reporting invalid lates to my accounts. I made these payments and the mortgage company misapplied it. They told me that they would be removing the lates but they have yet to take them off of my credit. This is a violation and I want these lates removed.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: UT
Zip: 84003
Submitted Via: Web
Date Sent: 2020-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Simply can not find anyone in this company who can provide any level of customer service. Sadly, multiple decades of great service with the company that serviced my mortgage - but New Rez took over my mortgage and since then zero meaningful assistance. The worst mortgage company I have ever dealt with and they just appear to make things up as they go. Every time you call it's a different story. They should change their name to XXXX XXXX XXXX.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A