Date Received: 2020-02-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Payment issues with PHH mortgage. There stating were months behind and I have proof that payments have been made. I believe they have not applied payment appropriately and they are and have been giving us the run around now they have disabled my online account and Im unable to see my account and payment history. Also they will not let me make a payment on my loan. We have been told and emailed so many lies that I am wanting to pursue a lawsuit. I would not recommend this company to anyone Ive gone thru sleepless nights and medical issues related to all this besides our credit. They will not hear the end of me until they get what they deserve another lawsuit
Company Response:
State: WI
Zip: 539XX
Submitted Via: Web
Date Sent: 2020-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: PHH mortgage recently sent me a notice of default and intent to accelerate letter. This letter claims they have not received a payment since XX/XX/XXXX. In XX/XX/XXXX I received notice that I was approved for a mortgage modification which I applied for in XX/XX/XXXX when my husband got sick and was no longer able to work. The trial modification was to go from XX/XX/XXXX - XX/XX/XXXX. If I complied with the terms I would be offered a permanent modification. I paid every payment in that time period not just on time but early. At the end of XX/XX/XXXX I received notice that I was being offered a permanent modification and the paperwork was in the mail. I continued paying per the terms of the trial modification while I waited for the paperwork. It took two months and several phone calls and emails before I finally received the new modification agreement. I immediately signed it before a notary and sent it back. I also sent my husbands death certificate and proof that I was entitled to the property as my husband had passed away in XX/XX/XXXX. I didnt get any response, however, shortly after I sent in the permanent modification paperwork I lost access to my online account, I could not log in. After several emails to customer service I regained access but I could no longer make payments on line and all the account information changed. Neither the temporary modification nor the permanent modification were reflected on the on line account information, and none of the payments I made under the modification were shown. After several months of phone calls, emails and complaints I received via XXXX the permanent modification paperwork and the agreement to assume the mortgage. I immediately signed and returned the paperwork via XXXX with delivery confirmation. Still nothing changed in my online account. I have made every single payment per the modification agreement since I received it, and every one was on time. I used cashiers checks from my bank and sent every payment certified with signature confirmation return. Every. Single. Payment. Was. Made. I have evidence of every payment. So why are they sending me a notice of Default? PHH also refuses to send any correspondence to me, they send mail addressed to my late husband. The mail is returned because the post office was notified of my husbands death. Ive sent countless emails requesting that everything be addressed to me, all are ignored. I didnt receive tax documents because they were addressed to my husband. I havent received any correspondence from PHH at all, except for this notice of Default letter. That they managed to address to both my husband and me. My payments have been made per both modification agreements, I have proof of every payment sent and received by PHH, but still they want to foreclose on my home. To them this is a great opportunity to take advantage of a widow in a vulnerable position who happens to have a somewhat valuable property. This is a scam and it absolutely should not be allowed to continue.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 808XX
Submitted Via: Web
Date Sent: 2020-02-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-08
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX I hired an attorney to assist me with processing loan modification paperwork. I paid him {$5000.00}. He said that the lender will give me modification terms with an interest rate of 2 % on a 40 fixed loan term and 25-30 % will go toward the principle. XXXX- Ocwen Mortgage called me to take my modification application. They only requested income information for myself an not my ex husband, who is on the loan but not on the title. We were married at the time of purchase but divorced in XX/XX/XXXX. So, I have been making the payments solely for over 5 years with no issue until the attorney was hired. XXXX I called my attorney and asked it it was ok for me to stop making my mortgage payments because I became ill and was not able to work for 6 months.The attorney said " Ok, that is fine. '' So, I took his word as a professional. ( XX/XX/XXXX I am here speaking with a friend of mine in the mortgage industry - she believes that the attorney should have advised me at that exact time to do a hardship request. This way Ocwen could just add the payments to the end of the loan while I recovered. ) XXXX- My attorney called and said that Ocwen was asking for more income documentation, etc. This went on and on for months ... Late XX/XX/XXXX- My attorney called and said that Ocwen has sold my loan to XXXX XXXX . XXXX I received papers that my loan was sold to PHH Mortgage. XXXX PHH sent me papers saying my modification was approved. They advised me that my trial period would start with my first payment on XX/XX/XXXX. XXXX The attorney send the bank my divorce decree and Quit Claim Deed taking my ex husband off of the title. XXXX- I make my first months trial mortgage payment. I paid it on time, exactly in the amount requested. XXXX- I make my second month trial mortgage payment. I paid it on time, exactly in the amount requested. XXXX- I make my third month trial mortgage payment. I paid it on time, exactly in the amount requested. The trial period for modification approval is 3 months. XXXX- I called PHH and let them know I do not under any circumstances want to miss a payment. So, I asked to pay my XX/XX/XXXX payment now over the phone. They said they could not do that but I could sent a check to a PO Box address that he gave me. I send the check certified mail, confirmed receipt and have a copy of the cancelled check. XX/XX/XXXX -I received an approval for the modification. And I called my attorney and asked if it was ok for me to send back the modification papers without my ex husbands signature- which for some reason they still had on the paperwork. My attorney said " Yes, this is just good faith documentation '' and to sign my signature in both places and state under the co borrower section that I am the ex wife of the other party. So, I did and sent it overnight. It was confirmed received on XX/XX/XXXX. The due date for my response accepting the modification was XX/XX/XXXX. XXXX- I called PHH to make a XXXX payment and they stated that my modification was rejected because of the co borrowers signature. I was never contacted prior to this moment. The PHH representative proceeded to tell me that I would need to make the increased Adjustable Interest Rate payment of $ XXXX- not the lower modification payment. All this time they have accepted my trial payments knowing that I am divorced and then they deny me because my of my ex husbands signature. Who is going to sign for a loan on a home that they do not own for their divorced wife? NO ONE! Ocwen from the beginning of the process only ever asked me for my income. I qualified based on my income and a 3rd party contributors income that was added during the process. It is not based on my ex husbands information. **What options do I have to have my modification accepted without the signature of an ex husband that can not be located please?
Company Response:
State: VA
Zip: 20176
Submitted Via: Web
Date Sent: 2020-02-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: There were three payments made to collection agency. XXXX XX/XX/XXXX to request accounting authenticate and notice of rescission of a ledge loan. Collection sent a letter with no evidence per what we had requested. Sent out Notice of injury XXXX XX/XX/XXXX. Collection sent nothing based on what we had requested. XXXX XX/XX/XXXX sent out cease and desist letter and questionnaire. Received letter ( s ) in XX/XX/XXXX from Collections stating the loan has been referred to an attorney to start foreclosure process. Sent a very bad copy of Balloon Rider aka the NOTE. In the collection response they stated they are not the holder. So, who is the holder? If the holder has not demanded payment, then there lies the problem. Fact : the collection agency is not the holder in due course then this would be extortion or loan sharking and fraud. There is no reason to pay collections under 26 CFR 1.1275-3 - OID information reporting requirements plus under title 15 U.S.C., Sec. 1601,1692. They were upset about our claim of fraud. We can provide proof of some fraud and suspicious documents related to the accounting by parties. Final cease and desist along with RESPA request to be answered going out within days. These are some the codes they have violated : 26 U.S. Code 7206. Fraud and false statements 26 U.S. Code 1273. Determination of amount of original issue discount 26 CFR 1.1275-3 - OID information reporting requirements 26 U.S. Code 7201. Attempt to evade or defeat tax The loan amount can not be verified by lender, servicer, and or trustee then what is the claim of a debt is about. I have supplied lots of documents for review. Based on the documents supplied. How do you owe more on the loan 10 years later then you borrowed? Scan XXXX XXXX & XXXX was reported to the IRS. Scan 24 balloon rider of the deed of trust demands {$130000.00} due XXXX XX/XX/XXXX on top of the loan of {$250000.00}. Would be predatory lending? Collector XX/XX/XXXX statement states the account sent over to an attorney to start foreclosure process. The collector is not the holder in due course, but they want to foreclose. They need to validate the debt first but no they are qualified XXXX group engaging in economic XXXX as domestic or in foreign status. Can you verify they have right to do business in California? This is the STATE OF CALIFORNIA major XXXX campaign operations domestic and in foreign status engaging in economic XXXX activities of all sorts. This definitely falls in line with economic XXXX. We will be cancelling this account with INTERNAL REVENUE SERVICES asap. The real estate was paid in full before or at closing. Senior citizens need not to take advantage of by bad business practices. Scan 13 show the owner ( s ) are tenants in their own home. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C., Sec. 1601,1692 et seq, this constitutes timely written notice that I decline to pay the attached erroneous purported debt which is unsigned and unattested, and which I herein discharge and cancel in its entirety, without dishonor, on the grounds of breach, false representation and fraud. Under Title 26 852 and 862 Collection Agency do not qualify as a Real Estate Investment Trust REIT which makes you in possession of contraband. We appreciate you looking into these issues. The original lender and trustee is out of business so it is most important we get all assignments documents to make show no fraud has taken place. We are very aware of what these domestic or foreign crews will do to steal assets from you, me or anybody under mortgage fraud. This would be not limited to refiling the original deed, making up a new deed, using variation of like name ( s ) to file into the courts to obtain summary judgement, out of state crews to produce documents, none holder of the instrument to file claim as monies are owed to them and the list go on and on. There is a possibility they won't even notify you to come to court. You need to take a real close look at this crew and associates. There could be some type of security fraud that my need to be reported to the Security Exchange Commission to investigate. Highly financed crew ( s ). They will not and have not comply with federal laws.
Company Response:
State: CA
Zip: 90003
Submitted Via: Web
Date Sent: 2020-02-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I contacted the Loan Servicer XX/XX/2019 and said I was having difficulty paying my Mortgage and need to apply for assistance. I was due XXXX, XXXX & XXXX at the time and I sent in my application. I was declined and I thought from the decline letter they didn't calculate my income. So I sent in the income again and additional income ( social Security XXXXncome for My Children ). I got another decline letter so I sent an email to the escalation department. I was declined again for NPV. My Origination Loan was a Texas Section 50 ( a ) ( 6 ) and I looked up FNMA Guidelines and It says I qualify for a Fannie Mae Flex Modification for Texas 50 ( a ) 6 ) Mortgage Loans. The decline letter states 186 remaining and they could of extended the Term 360 or 480 but did not. In All 3 decline letters they did not even send a Repayment plan offer. Today I called them and they said they can only do a repayment plan if I pay 6 full payments, that would be XXXX thru XXXX and leave the XXXX Payment due. I do not consider that a repayment plan, that is reinstating the loan. I want to keep my home and I do not think they are following guidelines to offer me a modification plan to stay in my home.
Company Response:
State: TX
Zip: 760XX
Submitted Via: Web
Date Sent: 2020-02-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-07
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: IN XX/XX/XXXX A PERSON WAS SENT TO VERIFY MY ADDRESS AT XXXX XXXX XXXX, XXXX, NJ XXXX. THE PERSON, XXXX XXXX, WAS HIRED BY AN ATTORNEY, XXXX XXXX TO MAKE THIS VERIFICATION DUE TO A DELINQUENT MORTGAGE ON XXXX XXXX XXXX, XXXX, NJ XXXX. THE MORTGAGE COMPANY WAS OCWEN LOAN SERVICING WHICH HAS NOW BECOME PHH. MY RESIDENTIAL ADDRESS OF XXXX XXXX XXXX, XXXX, NJ XXXX HAS NEVER BEEN QUESTIONABLE. ALL MAIL SINCE THE MORTGAGE ORIGINATION IN XX/XX/XXXXHAS BEEN SENT TO THE RESIDENTIAL ADDRESS. MR. XXXX XXXX TOLD XXXX XXXX THAT HE CAME TO THE RESIDENTIAL ADDRESS OF XXXX XXXX XXXX, XXXX, NJ XXXX AND FOUND THAT IT WAS AN ABANDONED BUILDING THAT HAD BEEN FORECLOSED ON. TOTALLY FALSE. AN APPEAL WAS MADE TO MR. XXXX XXXX AND TO THEIR LAW FIRM TO REMOVE THIS FALSE INFORMATION. THE LAW FIRM IS XXXX XXXX XXXX WHICH IS THE LAW FIRM REPRESENTING PHH. I AM NOW APPEALING TO CFPB FOR AIDE IN CORRECTING THIS FALSE INFORMATION. THE HOUSE IN QUESTION IS A RENTAL AND HAS ALWAYS BEEN A RENTAL. LANDLORD LICENCES HAVE BEEN ACTIVE SINCE XX/XX/XXXX WITH THE CITY OF XXXX. I HAVE NEVER LIVED THERE.
Company Response:
State: NJ
Zip: 077XX
Submitted Via: Web
Date Sent: 2020-02-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-06
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My mortgage is with PHH Mortgage I received a call from the mortgage company the week of XX/XX/2020 stating my modification was approved and I would receive the modification trial payments in the mail. I have not received the modification trial period in the mail and there is a property foreclosure sale date set for XX/XX/2020. I have not received a foreclosure notice for this sale date. The Tennessee law says I am suppose to receive a 30 day notice before the foreclosure was set of which I have not received a foreclosure letter..
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TN
Zip: 38116
Submitted Via: Web
Date Sent: 2020-02-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-06
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I received a letter in the mail on XX/XX/XXXX addressed to my deceased husband XXXX XXXX. It was from PHH Mortgage Services. There was information on there about a Misc repayment and an escrow disbursement. XXXX passed away in XXXX and he has not had a mortgage since XXXX. I called the company to find out what this was about and they would not give me any information. They said I needed to send them his death certificate. I told them that I was not going to do this because I had no idea what this was even about and then they hung up on me. It sounded like a scam and I wanted to report them so another person doesn't give them information and get taken like they were trying to do to me.
Company Response:
State: WI
Zip: 54956
Submitted Via: Web
Date Sent: 2020-02-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-05
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have been trying to work with them and all they do in give me the run around. I recently uploaded a third party authorization as well for my counselor so he can help me save my home! They refused to speak to him over the phone.
Company Response:
State: TX
Zip: 76053
Submitted Via: Web
Date Sent: 2020-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Money taken out of my checking account for a payment I didnt authorize and has put my checking account in the negative by almost {$800.00}. I called and made a payment for XXXX payment that was processed on XX/XX/2020 for {$1300.00}. This includes my mortgage payment plus a {$17.00} payment processing fee. On XX/XX/2020, an unauthorized mortgage payment for {$1200.00} was debited from my account. Why is the company taking money from my account without my permission? I was told that because Im paying my XXXX mortgage payment in advance, Im not authorized to pay on-line. And my only options are paying by telephone with a representative for {$17.00} or by mail. I didnt want to take the risk of having payment lost in the mail, so I chose the telephone option. Now, my checking account has unauthorized drafts.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A