Date Received: 2019-12-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My escrow account has been mismanaged, and incorrectly analyzed. Refunds have been issued over the past 2yrs, that should have never been issued, which resulted into escrow shortages, and increases in my mortgage payments for the past 2 years. These mistakes has increased my mortgage payment by {$340.00} in the past 1 years, making it difficult to pay my mortgage, and impossible for me to catch up my mortgage payments, should I ever fall behind, like now. I have never fallen this far behind, but the difficulty in catching up is because of the continuous increase in payments. I have not been able to speak with the assigned case manager, or anyone else representing the company. The recording always states the case manager is not available. There have been numerous times I have been on hold for over an hour. The only type of communication I receive from the mortgage company is by mail. Ive received the same correspondence dated 2-3 days apart on more than one occasion. Now Ive received an intent to foreclosure. My payments have went from {$1000.00} to {$1400.00}, all due to escrow shortages caused by the mortgage companies mishandling of my escrow account. There has been no significant change in my property tax payment or homeowner insurance payments. In one analysis PHH states actual payment for property taxes were {$12000.00}, and Hazard Insurance paid was {$1.00}, XXXX. My last property tax payments totaled {$8600.00} for XXXX, paid in XXXX, and Hazard Insurance paid was {$1300.00} for XXXX. I don't know where they got this information from, and it is not supported by any of the payment information of the Escrow account. The escrow shortage exist only because of the mismanagement of the escrow account for XXXX and XXXX, XXXX. During this time they have refunded a total of {$5400.00} and the shortage amount totals {$6300.00}. The amounts listed for actual payments of property taxes and insurance are incorrect, but I can never reach anyone to discuss this issue.
Company Response:
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2019-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-17
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: In the meantime, PHH mortgage is piling my account with additional penalties and fees. Below is my communication with PHH Mortgage. Ive attempted to contact the representative XXXX as stated in the letter. Her mailbox is full. Its over an hour hold time to speak to another rep. I have wrote them several times requesting to stop payment on the check and make the payment on line without being charged a fee. Below is the most recent communication. Dear XXXX, We received the document attached to your emails on XX/XX/2019. Based on the tracking number, the mail is still in transit. Please contact the United States Postal Service ( USPS ) to check the reason for the delay in delivering it to us. Should you have any further concerns, you may contact XXXX directly toll free at ( XXXX ) XXXX, select option 1, extension XXXX or email XXXX at XXXX. For general account questions you may visit XXXX. You may also contact PHH 's Customer Care Center via telephone at ( XXXX ) XXXX during the following hours : Monday? Friday XXXX XXXX? XXXX XXXX ET Saturday XXXX XXXX? XXXX XXXX ET PHH Mortgage Services, LLC XXXX XXXX XXXX XXXX XXXX, NJ XXXX PHH Mortgage Services, LLC is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. However, if the debt is part of an active bankruptcy case or if your personal liability on the loan has been discharged through a prior bankruptcy court issued Order of Discharge, this communication is not intended as and does not constitute an attempt to collect a debt and is provided solely for information purposes. Original Message Follows : -- -- -- -- -- -- -- -- -- -- -- -- XXXX To : XXXX Subject : Account Date : XX/XX/2019 XXXX XXXX CST Hi, Can I make the payment over the telephone and stop payment on the {$22000.00} check I mailed? The check is lost or sitting in your post office box.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I recently received a letter in my inbox, dated XX/XX/2019 from the new mortgage servicing company XXXX XXXX regarding the hazard insurance on my property. I previously had lender placed insurance that was disbursed and paid in XX/XX/XXXX of every year. Last year {$1700.00} was disbursed and paid for the hazard insurance. This year {$1900.00} was disbursed in XX/XX/XXXX for the hazard insurance and then recently refunded back on XX/XX/2019. The {$1900.00} was refunded back to the escrow account, but I was informed that there was a shortage of insurance on my account and that my new assessed requirement for hazard insurance would be {$2100.00} monthly for XX/XX/XXXX which subsequently increased my mortgage payment to {$2500.00}. I believe that the insurance assessment was done incorrectly. The new {$2100.00} required amount is being billed monthly instead of annually and I have tried to explain this to the different customer service agents but to no avail. Also I dont know why I was being billed the {$2100.00} when I clearly had {$2300.00} sitting in my escrow account. I obtained my own insurance with XXXX XXXX and submitted the documents to the website for review. My new premium amount is {$1100.00} which has been deducted recently from the escrow balance and there is an overage of {$1200.00} sitting in the escrow account. I also have called several times to inform the customer service agents that I do have hazard insurance on the property so they can remove the hazard insurance requirement they placed on my account. I paid the XXXX payment with the {$2100.00} insurance requirement overage. My XXXX payment also includes a {$2100.00} insurance requirement which makes my XXXX payment {$2500.00}. I went from paying {$600.00} including hazard insurance to {$2500.00}. I am currently late on my XXXX mortgage and additional late fees are being assessed but I can not make that high mortgage payment. The new assessed hazard insurance requirement calculation is not my mistake but a miscalculation on the part of the new mortgage servicing company and I do not feel I should have to pay for that. It was reasonable to expect an increase to the hazard insurance requirement until I provided the required hazard insurance on my property, but not an increase of 1160 %. I was paying {$170.00} in hazard insurance on top of my regular Principal & Interest of {$430.00} until now. I have never had this happen before and XXXX XXXX refusal to acknowledge the mistake is causing me undue hardship and making me fall behind. I have also spoken to the insurance department of XXXX XXXX and they also agreed that the incorrect hazard insurance requirement should be removed. The only relief the collection department has given me is to tell me that I need to pay the {$2500.00} payments for XXXX, XXXX and XXXX, then they can reimburse me later for those amounts, but I can not afford to pay those amounts when it is clearly not my mistake. XXXX from C/S and XXXX ( XXXX ) from the Insurance department informed me that they would be contacting the escrow department to see if they could make the corrections, but I have not received a call back yet. I have respectfully requested that the incorrect hazard insurance requirement be removed from the remaining XXXX and XXXX payments but the mortgage company refuses to comply and I have called several times and checked online and sent a certified letter to their address for errors and complaints. I spoke to customer service agents on XX/XX/19, and again on XX/XX/19 and sent a certified letter on XX/XX/19. I have yet to hear back from them.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 338XX
Submitted Via: Web
Date Sent: 2019-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-17
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH Mortgage notified me in mid XXXX that I was delinquent making my XX/XX/19 payment. I had made the payment on time. I have made all my payments on time. Upon querying my online account my payment history indicated I had made the payment on time. However, my home page indicates I currently owe the payment plus late fees. I have been unable to speak with any PHH employee due to 17-28 minute customer service wait times. I submitted a message through the company message system with no response. PHH has threatened to report to the credit reporting agencies that I am delinquent.
Company Response:
State: CT
Zip: 06033
Submitted Via: Web
Date Sent: 2019-12-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-17
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have owned my home since XXXX and currently in a repayment plan through a bankruptcy with agreed amounts of mortgage payments to my lender each month. During my Bankruptcy Ocwen was my lender for several years and just recently was transferred to PHH mortgage services and I have always made the payments without missing any with statements coming to me reflecting the payments. Today the attorney representing me, XXXX XXXX advised me that PHH Mortgage has filed a default with the bankruptcy court claiming I am 19 months behind in payments and requested the stay lifted to protecting me from foreclosure or in lieu demanding a XXXX XXXX plus past due amount be cured all before a XX/XX/XXXX hearing in which I was never served for and had no awareness had not my attorney called me today alerting me of this. Unfortunately I had similar problem with Ocwen not properly applying payments and when they did they placed payments in a suspense account and I believe this is where things went wrong.
Company Response:
State: CA
Zip: 95118
Submitted Via: Web
Date Sent: 2019-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH Mortgage has been demanding payment for my home. When requesting verification of this assignment of mortgage, fraudulent documents were submitted which did not match the note supplied from my original mortgage company and did not include our information leading me to believe they have falsified data. They are sending statements stating that the home will be submitted to a default/foreclosure department due to nonpayment but we have yet to receive the information. In addition, there have been 2 assignments recorded with our parish where our mortgage company supposedly assigned the property over to them TWICE. once in XXXX and again in XXXX When requesting a verification of mortgage in XX/XX/XXXX when serviced by Ocwen, a letter showing {$0.00} balance was submitted to us. Mers System also shows something totally different. We are asking that there be clarification and verification of this said mortgage along with these assignments.
Company Response:
State: LA
Zip: 70058
Submitted Via: Web
Date Sent: 2019-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I went through a divorce and applied for a mortgage modification, I followed all the rules all the way to the Ombudsman office ... .... I will be sending correspondence from the OMBUDSMAN OFFICE stating clearly the name can be removed in order so I alone may sifn the modification Please help
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 207XX
Submitted Via: Web
Date Sent: 2019-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: This is my third complaint to CFPD regarding this company, PHH Mortgage. My last complaint # is XXXX. To rehash the experience, I have been fighting with them since last XXXX because they assumed my mortgage from my previous company and paid my property tax without my authority, then placed me in an Escrow account I do not want and never asked for. I contacted their Customer Service several times ( XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX ) but I was transferred from representative to representative and promised that I would be called back and never was. Finally, they sent me a letter in XXXX that said I qualified to be removed from the Escrow account. By that time I had already made several escrow payments and asked for an updated amount to pay off. They took their time sending me amounts owed, but by the time I'd received those amounts I'd already paid into the Escrow account again, so I'd ask for any updated amount. They do not communicate via emails, only thru regular mail or fax, which means their responses are always behind. Long story short, I received a letter from them on XX/XX/XXXX, dated XX/XX/XXXX, that said, " ... your request to remove the escrow of your property tax and/or hazard insurance from your load was denied because the following requirement has not been satisfied : You must not have been 30 or more days late in making any of your monthly payments. '' This is an outright lie. I have not had a late payment in years. YEARS. And I definitely did not have one the year prior to them taking over my mortgage, nor did I have one after they assumed my mortgage, and I definitely did not have one between the XXXX letter, when they offered to remove the escrow account and XX/XX/XXXX, when they sent this last letter. I have years of confirmation numbers to prove my payments have not been 30 days late and my credit score has done nothing but go up in the last several years. This is an outright lie they are using fraudulently to keep me in this escrow account. PHH Mortgage assumed my mortgage. I did not refinance with them. Shouldn't they be required to honor the mortgage contract they assumed which did not require me to have an escrow account.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-13
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH Mortgage took {$13.00} out of my extra principal payment back in XX/XX/2019 they said they issued a check in XX/XX/2019 I have called in 15 times or more and I am always told well we cant confirm it was mailed let me get with that department for verification and we will get back to you sorry for the trouble. I want my {$13.00} that has been owed to me since XXXX and I wish that the CFPB would get more teeth and penalize this company for their sloppy mistakes period.
Company Response:
State: FL
Zip: 346XX
Submitted Via: Web
Date Sent: 2019-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: This complaint regards Breach of Mortgage Contract by Ocwen ; XXXX XXXX ( formerly XXXX XXXX XXXX, XXXX ) ; XXXX XXXX XXXX , XXXX ; XXXX XXXX XXXX. ; and PHH Mortgage ( hereinafter collectively referred to as 'PHH ' ). Under a cloud of non-disclosure, with concealment of material facts, without the borrower 's knowledge and consent, and without additional consideration to or for the borrower, PHH unilaterally modified the borrower 's mortgage Contract ( inclusive of both the Note and Mortgage ) by converting it from a regulated residential mortgage contract into an unregulated commercial investment contract, which may be referred to as securitization. The title company may also be a co-conspirator in the non-consensual conversion and, thus, breach of the borrower 's contract. By breaching the borrower 's mortgage contract, the contract is legally void or voidable from the beginning. During the securitization transaction, the original Note and Mortgage were destroyed, also without the borrower 's knowledge and consent. There were absolutely NO Terms or Conditions in the mortgage contract that legally permitted PHH to convert and, thus, breach the mortgage contract including, but not limited to, without compensating the borrower with additional consideration. By illegally converting the mortgage contract absent the borrower 's knowledge and consent, PHH committed fraud including by subsequently filing a libelous foreclosure complaint against the borrower into the public record on or around XX/XX/2017. As a result of the non-authorized unilateral modification of the borrower 's mortgage contract by PHH, the Note has already been paid in full one or more times by third-party payers, to wit, credit default swap side bets and/or default insurance payments and/or title insurance payouts and, as a result, the borrower is not now and never has been in default, and PHH and its representatives and affiliates knew or should have known this. PHH is refusing to disclose the name ( s ) of the investor ( s ) /lender ( s ) claiming an alleged right to payment or profit from mortgage payments so that the borrower may serve the investor ( s ) /lender ( s ) with legal process to ascertain if the investor ( s ) /lender ( s ) has already been paid in full. Because it has recently been discovered by the borrower per a public document that the borrower is, in fact, a Party to the securitization transaction ( which was also concealed from the borrower ), PHH and the investor ( s ) /lender ( s ) has also failed to compensate the borrower from funds/profits received resulting from the transaction, amounting to a contractual lack of additional consideration to the borrower in exchange for converting the mortgage contract into an investment contract without the borrower 's written, signed authorization, knowledge and consent. Basically, the borrower was illegally and fraudulently cut out of the deal and has been defrauded of profits derived from the securitization transaction. On information and belief, PHH may be in violation of Federal RICO laws pursuant to a cursory review of the XXXX Clerk of Court 's Forensic Examination of the Real Records and the Circuit Court Records, XXXX County, Florida which may be viewed here : XXXX : XXXX PHH intentionally and knowingly BREACHED XXXX 's Mortgage Contract. In an act of non-disclosure and concealment of material facts, misrepresentation, without meeting of the minds, without acceptance by XXXX of any additional Terms or Conditions, and without any additional consideration in XXXX 's favor, PHH egregiously and illegally unilaterally modified XXXX 's mortgage contract by converting the so-called loan from a regulated, residential mortgage Contract into an unregulated, commercial investment Contract, and multiple material issues in connection with the non-consensual conversion were never disclosed to XXXX, neither did PHH obtain her signed authorization and consent for PHH to modify her mortgage contract, and neither did XXXX show any legal intent for her mortgage contract to be modified. Again, XXXX XXXX has publicly stated in one of its official documents that the borrower is a Party to the MBS transaction unless, of course, XXXX XXXX is committing fraud by concealing if the true, legal definition of 'borrower '. XXXX was never presented with an addendum containing additional Terms or Conditions to the original mortgage contract for her review and negotiation and which contained the additional consideration she would receive and in what form she would receive the consideration should she have agreed to the modification of her mortgage contract. A mortgage contract that is unilaterally modified by one party without the knowledge and consent of the other party is void or voidable from the beginning and unenforceable.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 34771
Submitted Via: Web
Date Sent: 2019-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A