Date Received: 2020-02-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/2020 we received a notice in the mail stating we are behind on our mortgage and at risk of default actions. The letter gave suggestions we contact them regarding work out options including modification or short sale. Problem with this is they pull money out of my bank account automatically every 2 weeks for the mortgage payment, we are always paid a month ahead and they pull {$20.00} more a month then what our actual mortgage payment is. I called and was on the phone with the mortgage company for over an hour and they told me they applied my payment to the principal not the mortgage payment causing us to be 2 months behind on our mortgage and facing default and eventually possible foreclosure action. I never authroized this, I never discussed with them doing this and I never asked them to do this. My arrangement with them was to withdraw {$500.00} every 2 weeks from my account for my mortgage payment. There are even months that there are 3 pay periods not 2 so I pay an additional {$520.00} in those months not just {$20.00}. They informed me they are not sure why or how this happened and they would need to look into it but refused to give me contact information for anyone and told me they did not know how long it would take could be at least 5-10 business days
Company Response:
State: ME
Zip: 04901
Submitted Via: Web
Date Sent: 2020-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: As a recap from my last complaint, my loan modification was approved and then taking away due to a payment that was authorized for me to submit upon receiving the loan papers. According to XXXX with PHH mortgage, he advised me I could submit my first payment once I received the loan modification approved papers. Well, I didn't receive the loan modification papers until after the due date which made my first payment late and in results PHH pulled my loan modification from me. I advised them to pull the phone call with XXXX and myself conversation indicating it was still okay to submit payment although it was past the deadline. PHH mortgage apologized for error and said they will give me another loan modification. As of today I have not received a modification or any other offers and PHH mortgage have started foreclosing procedures. According to the letter I recieved dated XX/XX/2019 they were considering me for a loan modification and advised me there was nothing for me to do while they're looking into my loan modification. PHH mortgage said they will not consider any foreclosure proceedings and there will not be any mortgage late payments reported to credit bureaus while the loan modification was being considered. Well, PHH lied! I received foreclosure letters while they were considering me for the loan modification and PHH mortgage also where reporting late payments to the credit bureaus. I have attached corresponding letters to support my complaint. Please help me save my home! I'm not sure why they haven't listen to the phone conversation between XXXX and myself discussing the loan modification. This will surely clear up the error on their end.
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2020-02-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been working on completing a short sale with my servicer, PHH mortgage. On XX/XX/XXXX, I have faxed and emailed in the following documents - PHH SHORT SALE APPLICATION, THIRD PARTY AUTHORIZATION, REQUEST FOR MORTGAGE ASSISTANCE, HARDSHIP LETTER, 4506 T, BORROWERS FINANCIALS, REALTOR LISTING AGREEMENT, BUYERS PURCHASE AGREEMENT, BUYERS PROOF OF FUNDS, BUYERS CERTIFICATE OF FORMATION, HUD1 / SETTLEMENT STATEMENT. - After submitting the application I have been calling them at least once sometimes twice a week to make sure they have everything they need and to be as efficient as possible to avoid delays. On XX/XX/XXXX I called PHH and was told there was a Foreclosure Sale Date for XX/XX/XXXX - Docs were received - more information is required - still requiring One more pay stub. On XX/XX/XXXX I faxed and emailed a copy of the most recent Pay Stub requested. On XX/XX/XXXX the package was still showing incomplete due to the missing pay stub. As of XX/XX/XXXX, PHH still did not see the pay stub imaged into their system. I immediately resent to the email address of XXXX and fax number of XXXX. I called back on XX/XX/XXXX and was told the pay stub was received and the foreclosure date was suspended. on XX/XX/XXXX I called and spoke w/ PHH and was told I need to provide XXXX pay stub that reflects the year to date income or the most recent bank statement from 2nd employer. I then Faxed and Emailed the following PAY STUB FROM OTHER EMPLOYER on XX/XX/XXXX. I called PHH on XX/XX/XXXX and confirmed the pay stub was received and under review. On XX/XX/XXXX I called PHH for an update and was told we have a complete package under review for loan mod before we go into short sale and to allow up to 30 days for a decision. Called PHH back on XX/XX/XXXX and the file was still under review. I called PHH back on XX/XX/XXXX and was told the file was still under review. I called PHH back on XX/XX/XXXX and was told the file was still under review. I called PHH back on XX/XX/XXXX and was told the file was still under review for a decision and to follow up on XX/XX/XXXX as this will be the 30 day of the review. I called PHH again on XX/XX/XXXX and there was no new info. On XX/XX/XXXX I called PHH and was told that the load mod decision was denied and that we would be moving into short sale review. On XX/XX/XXXX I called PHH and there was no movement or no new info on the loan being reviewed for short sale. On XX/XX/XXXX I called PHH and was told we need the following items - Need a completed Hardship Affidavit - also a copy of buyers member docs, a copy of the HUD1 w/o cash from or to the seller. HOA Statement, Notarized letter of administration. Copy of listing agreement w/ list price signed by borrower and agent w/ cancelation verbiage, Realtor license for both parties, and a copy of the Purchase Agreement w/ addendums. XX/XX/XXXX I faxed and emailed PHH the following documents, HARDSHIP AFFIDAVIT, BUYERS MEMBER DOCS, HOA STATEMENT, LISTING AGREEMENT, SALES CONTRACT, HUD1 / SETTLEMENT STATEMENT. The servicer continues to ask for a Notarized Letter of Administration. I have explained to the servicer and the person assigned XXXX XXXX at extension XXXX, that there is no letter of administration because there is no estate or will or probate or even any death in the parties. When I called back on XX/XX/XXXX I was told the docs were received but to allow time for review. I called back on XX/XX/XXXX and was told the docs still had not been reviewed yet. I called back again to PHH on XX/XX/XXXX and PHH reviewed the documents and advised we were missing some items. The items missing were listing agreement - Settlement Statement - Sales Contract - Realtor License - I explained this was all sent in on XX/XX/XXXX which they confirmed receipt of on XX/XX/XXXX. On XX/XX/XXXX, the following was sent to PHH again, SALES CONTRACT, LISTING AGREEMENT, HUD1 SETTLEMENT STATEMENT, BROKERS LICENSE. I called PHH on XX/XX/XXXX and was told Underwriters are asking for additional docs - Complete and valid listing agreement with list price signed, complete and valid copy of HUD. Need HOA support document for fee showing on HUD. So while on the phone on XX/XX/XXXX I sent the following via Fax and Email to PHH - SALES AGREEMENT, HUD 1/SETTLEMENT STATEMENT, LISTING AGREEMENT, HOA BILL. On XX/XX/XXXX I sent the following again just to make sure received - LISTING AGREEMENT, SALES CONTRACT, HUD1 SETTLEMENT STATEMENT. On XX/XX/XXXX we received an update from the underwriters - Underwriting team shows the package to be incomplete and need the following documents - Complete and valid listing agreement w/ list price signed by borrowers and listing agent is required, A complete and valid copy of the settlement statement is required, Also a complete and valid copy of the purchase agreement and all addendum is required, please provide a copy of the license for the listing agent and selling agent, Please provide a copy of brokers license Notarized copy of the notarized copy of executor deed. - At this time we explained again that all of this information has been sent in several times and also advised that the Notarized copy of executor deed is not applicable. I also had the Rep on the phone dig into the files that we have submitted. Rep located the Brokers License and documented the page number 24 of document # 116. I went ahead and resent the HOA statement by itself also 3 times back to back just to make sure received. On the XX/XX/XXXX call the rep apparently left a note asking why the Notarized copy of executor deed is being asked if there is no death/probate or estate. I called PHH back on XX/XX/XXXX for an update and was advised the same information is being requested - Complete and valid listing agreement w/ list price signed by borrowers and listing agent is required along with cancelation clause, A complete and valid copy of the settlement statement is required, Also a complete and valid copy of the purchase agreement and all addendum is required, please provide a copy of the license for the listing agent and selling agent, Please provide a copy of brokers license, Notarized copy of the executor deed. On XX/XX/XXXX I spoke w/ XXXX the assigned specialist and went over and over about the request that are being made. He mentioned the same items being needed, listing agreement signed and dated by all parties with standard cancelation clause, Sales Agreement singed and dated, HUD1 Settlement Statement, Copy of Brokers License, Notarized copy of Executor Deed. I raised a question about the cancelation clause that is needed and explained we have the cancelation clause on the Listing Agreement on page 8, paragraph 15. XXXX did not know what verbiage was required and kept asking me to send standard cancelation clause. I explained there is no " standard '' and the cancelation clause is usually investor specific to the short sale. He didn't know what to advise. We've been going round and round in circles. I spoke w/ XXXX the case manager again on XX/XX/XXXX and was told the same information is being requested. listing agreement signed and dated by all parties with standard cancelation clause, Sales Agreement singed and dated, XXXX Settlement Statement, Copy of Brokers License, Notarized copy of Executor Deed. Today XX/XX/XXXX I call PHH and speak to agent ID XXXX and I am told that the Short Sale has been canceled on XX/XX/XXXX due to not receiving the documents in time. Now we have a XX/XX/XXXX FC date and no short sale in review and very low odds of them opening it up for review this close to the foreclosure sale date. I am very frustrated as I feel like I have been jumping through every hoop thrown at me and I am ready to get my attorney involved if need be. I don't like the way PHH is handling my loan and not providing clear details on what is needed based on what has been provided.
Company Response:
State: TX
Zip: 78250
Submitted Via: Web
Date Sent: 2020-02-18
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: Ocwen now moved to PHH mortgage somehow took over a secured loan that I had on my home and it is now called a Mortgage. I had loan modified a couple of years ago to save on the payments but this meant they had to escrow taxes and house insurance which I normally paid myself without issue ie being behind in any payments. Since they took escrow over it has been calculated wrong and it has made my payments increase by more thank {$100.00} with every year miscalculation. I get nowhere in the phone asking how it can be miscalculated. What can I do?
Company Response:
State: TX
Zip: 77092
Submitted Via: Web
Date Sent: 2020-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-18
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Ocwen Financial Corporation ( www.ocwen.com ) sold or merge with PHH MORTGAGE SERVICES ( XXXX ) XXXX or XXXX XXXX ; XXXX XXXX XXXX XXXX. XXXX, NJ XXXX PHH Mortgage Corporation is the subservicer of my loan, changed the terms of my agreement. My loan closes in XX/XX/XXXX because of the modification and PHH Mortgage change the terms of the modification after acquiring the mortgage on XX/XX/XXXX and went back to the original agreement which would make my loan close on XX/XX/XXXX. Your Loan Started XX/XX/XXXX ; Your Loan Ends : XX/XX/XXXX ; Remaining Payments : XXXX ; Prepaid Principal : {$160000.00} ; Prior Yr Principal Paid : {$1800.00} '' Prior Yr Interest Paid : {$1600.00}. Out of my payment of {$810.00}, PHH Mortgage uses {$180.00} towards my principal ; Interest : {$220.00} ; Escrow : XXXX. Ocwen Loan Servicng & PHH Mortgage is scamming me. I need an investigation into both companies
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In XX/XX/XXXX I went into financial and physical hardship. I hired an attorney from advice from my realtor XXXX XXXX ; realtor license : XXXX and was directed to XXXX XXXX ; CA Bar License # XXXX, XXXX XXXX ; CA Bar License # XXXX, which I paid them {$5000.00} XX/XX/XXXX to represent me in my fight to get a loan modification. My first loan was with XXXX XXXX for {$450000.00} Loan Number XXXX and second loan with XXXX Loan Number XXXX for {$43000.00}. I went through all the necessary steps and GMAC approved and we entered the Loan Modification Agreement on XX/XX/XXXX. We were in agreement to make 3 consecutive months payments at {$2300.00}. After making XX/XX/XXXXand XX/XX/XXXXpayments, a representative from GMAC named XXXX, informed me that I didnt need to pay the third month since I honored the first two payments. Subsequently, GMAC without my authorization nor knowledge, paid my property taxes which I was not in default. Soon after, GMAC changed the terms and required me to make a {$4200.00} payment which will cover the tax payments they made on my behalf. Unfortunately, I didnt have the financial ability to make that payment due to my hardship. XX/XX/XXXX my property went into default and into foreclosure. XXXX XXXX and XXXX XXXX then forced me into a short sale, in addition to making me pay 3 % ( {$8300.00} ) for the closing costs. XX/XX/XXXX my home was sold in a short sale. Complaints ; 1.Breach of contract, loan modification agreement. 2.Violation of civil cod Section 2923.5. 3. Breach of the Implied covenant of Good Faith and Fair Dealing to Honor Loan Modification Agreement. 4. Promissory Estoppel from denying loan modification. 5. Violation of Civil Code Section 17200. 6. Declaratory Relief of Loan Modification Agreement. I believe I was discriminated against based on my ethnicity, skin color and socioeconomic background, in addition the transactions and the course of action that took place throughout this process. The attorney 's I hired to help save my home, took advantage of my financial hardship and sold my home in a short sale. I don't understand how I was approved for a loan modification, then I " didn't qualify '' and soon after, my attorney 's sold my house in a short sale. I gave all necessary information, including all paperwork for the HOPE and HARP program for loan modification.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91350
Submitted Via: Web
Date Sent: 2020-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-15
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: Ocwen loan account # XXXX XXXX XXXX I am unable to log in or receive my year-end tax information for 2019. The company with my information was Ocwen loans now the website is PHH mortgage questions. I have followed the website information. I talked with a rep. at PHH mortgage ( unable to locate information ) Forgot password and user name. called with account information through the automation system. I need my 2019 tax information to complete my taxes.
Company Response:
State: TX
Zip: 79423
Submitted Via: Web
Date Sent: 2020-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-14
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Hi, After a lengthy conversation with another PHH representative this week. I was informed that my new case manager XXXX ( United States based/English Speaking ) would be giving me a call today to share findings, negotiate a solution and clarify issues. No one called me .... I am concerned that this matter is not being taken seriously, I have never spoken to the same representative twice. XXXX, the original case-manager is highly negligent, profoundly unavailable and has trouble conveying any real answers. I get constantly told each week there will be a solution. What kind of company sends out letters threatening foreclosure as a scare tactic and doesn't follow up with their clients. I have a call log of nearly 300 phone calls to PHH. I highly recommend that you close your off-shore call center and provide clients with representatives that are not only invested in support US clients but have the skills set, linguistic and cultural competence, respect, compassion for their clients served. Please address immediately- there have been not results from this. Thank you.
Company Response:
State: CA
Zip: 92203
Submitted Via: Web
Date Sent: 2020-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I previously entered a modification in the past and no one explained to me that there would be a balloon payment due for XXXX. Currently the balloon payment is due and I do not have the money to pay for it. They are currently threatening me that my house will enter foreclosure on XX/XX/2020. I am worried I will be losing my home.
Company Response:
State: CA
Zip: 90037
Submitted Via: Web
Date Sent: 2020-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-13
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I have Power of Attorney for my Father on this account. In year of XXXX it was documented a mortgage loan of XXXX was not taken out by my Parents. How it was done we don't know. Their signature is up on the contract but it's impossible for them to say it was a mortgage loan because the land and house was paid for by parents. XXXX XXXX is the company who said they owe {$53.00} for mortgage which they never financed that amount for them to borrowed or given for anything. I see also this account was given to them by XXXX XXXX .Then XXXX XXXX in XXXX turned this loan over to Ocwen Mortgage XXXX and in XXXX, the month of XXXX, Ocwen turned this loan over to PHH Mortgage. I have been Informing them that this could no way be my parents loans legally. No money was borrowed against this property or was used as collateral for any purpose. I believe this loan was fraudulent from the beginning. My parents were not aware of these situations going on. My mom passed in XXXX and my dad which Is XXXX years old with health issues he don't need this burden. I want our property back from their clutches and payments that were paid over the years.
Company Response:
State: NC
Zip: 27834
Submitted Via: Web
Date Sent: 2020-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A