Date Received: 2019-12-06
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: This complaint is due to the negative effects on my credit rating of PHH Mortgage showing my XX/XX/XXXX payment as late. The payment was only late because PHH failed to correct their system in a timely manner. I am a XXXX veteran with a XXXX XXXX XXXX XXXX living in XXXX XXXX Illinois. Although the rating was effective in XX/XX/XXXX, it was not formalized by VA until XX/XX/XXXX. I received a letter from VA XX/XX/XXXX, showing the new rating and effective date. That same day, I received a letter from the XXXX County Assessors office showing that I was no longer responsible for property taxes. My escrow payment with PHH was solely for property taxes I pay my insurance separately. I called PHH customer service and was told XX/XX/XXXX to fax a copy of the tax exempt status letter, which I did, and for which I have receipt confirmation. On XX/XX/XXXX, I called PHHs tax professional line and spoke with agent XXXX. I was told PHH had the letter and it was in process. Unfortunately, according to the agent, the process would take until XX/XX/XXXX, so I needed to pay the escrow for the XX/XX/XXXX payment, but it would be refunded. I did so. I called XX/XX/XXXX, and spoke with agent XXXX in the tax department. She told me she was requesting escrow removal and it would take five days. Apparently it hadnt been in process after all. On XX/XX/XXXX, I spoke with agent XXXX. Despite the fact she is in PHHs tax professional phone queue, she obviously knows nothing about American taxes. She insisted that PHH had already paid my XXXX taxes in XXXX and XXXX. When I tried to explain that, in fact, PHH had paid my XXXX taxes and that I was calling about the XXXX taxes which would be paid in XXXX, she repeated that the XXXX taxes were already paid. I asked for a supervisor after being on hold, I was told the supervisor was not available. Since this was totally unacceptable, I demanded to speak to a supervisor, even if it wasnt her direct supervisor. XXXX came on the line and told me that there was nothing he could do as the processing was done by another office and NOW SHOWED A DUE DATE OF XX/XX/XXXX! I told XXXX I would not pay escrow for the XXXX payment, but would gladly make the principle and interest payment on time. Unfortunately, PHHs online payment function does not allow me to change the payment amount, and I refused to allow them to continue to draw the escrow payments from my bank account, as they had already proven themselves either incompetent or thieves. To add insult to injury, they then notified me they couldnt remove the escrow payment because the payment was past due!! After telling me the correction would be made XX/XX/XXXX ( which would have given me time to make the payment within the 30 day window ), I received email from PHH on XX/XX/XXXX asking for a copy of the tax exempt status letter which I had sent them in XXXX, and which they acknowledged having multiple times after. I immediately re-sent the letter. Through many contacts by phone and email through XXXX, I continued to re-iterate I would pay the principal and interest if they would allow it. Not only did they not make the changes, their site was down completely from XX/XX/XXXX through XX/XX/XXXX, making it impossible to make the payment before the XXXX day, even if I was willing to pay the escrow. They had changed their website and the old website address did not work. They made no effort to notify me of this new portal address until I questioned them why I couldnt reach my account online. Throughout this process, I repeatedly told them I wanted to make the payment, but their system and lack of correction was preventing it. Finally, on XX/XX/XXXX, they notified me by email that they had removed the escrow from my payment, but that it might take time for the correction to be made on the web site. The account was updated online in a couple of days, and I made the XXXX payment XXXX. Their system would not allow me to make the XXXX payment until they processed the XXXX payment. I made the XXXX payment XXXX. I made the XXXX payment on time. Last but not least, I found it very telling that when I was working with the XXXX County Assessors office, they asked me which mortgage company I had. Their reaction when I said PHH? Oh, man, they are so hard to work with we hear from vets all the time what a hard time they give you. A small county tax office staff knows how difficult PHH is to work with. Think about how XXXX that is. PHHs action in reporting me as late has caused my credit rating with XXXX and XXXX to fall by more than 60 points each. I consider their actions as consumer fraud, as they purposely did not take timely actions as requested, and repeatedly stated the corrections would be made when they were not made. I have copies of all emails and correspondence as well as notes from every call which I will provide as needed.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60030
Submitted Via: Web
Date Sent: 2019-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am in an active bankruptcy and since my bankruptcy Ocwen Financial transferred my mortgage to PHH, during this process PHH transitioned there website to a new website and since then have continued to deny me access to my online account, therefore I can not see the status of my loan, confirm payments are received or see the balance. I have attempted to contact them multiple times via email and online support as well as calling them multiple times to no avail. The Customer Service Representatives continue to give me the run around and claim that they can not give me any information over the phone regarding my account or balance and that they have restricted access to my online account and that I will need to contact an attorney to have them authorize my access to my account. Please note that prior to the company migrating to the new website I had no issues accessing my account or seeing my account balance or payment activity, payment due, escow balance, etc. The last time I was able to access my account was in XXXX of this year. Please advise if this is illegal as I feel I should not be restricted from accessing my account.
Company Response:
State: NJ
Zip: 070XX
Submitted Via: Web
Date Sent: 2019-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Once again I have to submit a complaint via this channel because you REFUSE to assist me on the phone or the website! My payment was due on XXXX. I always pay online but this month you have a new website and it says a " You can not make a payment at this time call a phone number. I called that number and get someone in a foreign country. I tell them I want someone in the US and I get an argument. I call back again and eventually get XXXX. She says she'll take the payment but it will cost {$17.00} to do it over the phone. Then it's {$7.00} because the website doesn't work. When I do it on the website it's FREE! She finally agrees to do it for free but then wants to apply it to the wrong loan. I have a home loan and a HELCO. She wants to apply it to the home loan which has already been paid for the month! I then call XXXX, who I had spoken with previously because of another issue. He's never available. I leave 2 messages. 2 days later and I don't hear back. I look at the complaint I filed earlier for the same time of issue and find the name of XXXX and a different phone number. I call that number. Message says that XXXX isn't available and sends be back to the Customer Service queue and it goes to someone in a foreign country AGAIN! I end up hanging up because he starts arguing with me! ALL I WANT TO DO IS MAKE A PAYMENT!!!! This is the second time I haven't been able to make payments. Every day that goes by the interest on a HELOC is continuing to add up. I really think this is a way for PHH to make additional money. If they can make it impossible for people to pay then they can continue to charge interest on the outstanding balance! With all of the loans they have this would add up to a lot of money real fast!!!!! I have had this loan with them for less than a year now, it was transferred from Ocwen. In less than a year I have had issues with payments for 4 months now. I have had issues with them and my home owners insurance. PHH claimed that the insurance policy didn't have the correct loan number on it, however, when I used PHH 's automated system it immediately pulled up all of the insurance information. At some point someone needs to step in and get these people in line or shut them down!!!! Unfortunately, the ONLY option the consumer has is to refinance and then there are all of the closing costs which must be paid so it makes it much more expensive! I can't believe that it should be this difficult to just make a payment on a loan!!!!!!!!!!!!!!!!!!!!!!!!!! Absolutely absurd!!!!!!!!!!!!!!!!!!!!!!!!!! I just tried to take a screen shot of the message but now you can't even get in to the site!
Company Response:
State: FL
Zip: 34746
Submitted Via: Web
Date Sent: 2019-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Starting in XX/XX/XXXX HomeQ sold our mortgage to PHH. Our mortgage payment was on auto-pay to HomeQ and were current in all payments. We were never notified that our mortgage was sold to PHH. As a result we continued auto-pay to HomeQ in XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. PHH is claiming that we are four months behind in payments, we started making payments to PHH in XX/XX/XXXX and we are continuing to do that on an auto-pay basis.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90720
Submitted Via: Web
Date Sent: 2019-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-05
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 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 XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 34771
Submitted Via: Web
Date Sent: 2019-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I've been paying my mortgage for 10 years,never later or missed a payment,l mail my payment postal money order and priority with tracking ever month,XXXX of this year my payment was mail on the XXXX,PHH received it on the XXXX they are telling me they don't have it,my tracking is saying different,they hit my credit score,I'm in the process of tracking the money order through USPS now.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 23504
Submitted Via: Web
Date Sent: 2019-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-05
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am filing this complaint because PHH filed a Notice of Default on XX/XX/2019, the same day that I faxed in my hardship/mortgage assistance package application and before 120days being delinquent. From what I understand a lender is not supposed to continue foreclosure proceedings when a borrower submits a hardship/mortgage assistance application. I am asking for PHH to rescind this NOD filing, as they review my assistance request. By PHH filing this NOD at the same time that my hardship/mortgage assistance package application is being reviewed is dual tracking and it not allowed. I find this in your website and I believe that PHH has violated this rule. Restricted Dual-Tracking : Under the CFPBs new rules, dual-tracking when the servicer moves forward with foreclosure while simultaneously working with the borrower to avoid foreclosure is restricted. Servicers can not start a foreclosure proceeding if a borrower has already submitted a complete application for a loan modification or other alternative to foreclosure, and that application is still pending review. To give borrowers reasonable time to submit such applications, servicers can not make the first notice or filing required for the foreclosure process until a mortgage loan account is more than 120 days delinquent.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-05
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have repeatedly applied for HARP with PHH without receiving a response to the reason that I was denied. I received an approval on a loan modification XX/XX/XXXX, paid six months of payments at {$2100.00} per month with a denial coming in XX/XX/XXXX. PHH logged these payments to my account for all six months in the amount of {$2100.00} per month a difference of {$32.00} for each month on XX/XX/XXXX. I had a temporary loan modification for XX/XX/XXXX to XX/XX/XXXX in the amount of {$2100.00} for each month and a Disaster Forbearance for XX/XX/XXXX to XX/XX/XXXX at the amount of {$1000.00} for each month. My Mortgage went up from {$400000.00} to {$410000.00} instead of down the amount that I have paid from XX/XX/XXXX. PHH took one payment of {$1800.00} on XX/XX/XXXX and one payment of {$1700.00} on XXXX XXXX for property taxes that XXXX County Treasurer have never received and are charging me for this. I have paid my property taxes in full XX/XX/XXXX. I am being told that by PHH is putting my loan on a variable loan program with a cap of 4.75 % not the 3.375 % that I was approved for in XXXX and have been paying all along but can not supply any paperwork for this agreement. Because of all of this holding of payments PHH shows on my credit report that I am 90 days past due. I am being told by PHH that XXXX owns my loan. That I must take a new Trial Period Loan at {$2300.00} XXXX {$250.00} more per month XXXX with a variable loan that caps at 4.75 % instead of the 3.375 % that I have now.
Company Response:
State: NV
Zip: 894XX
Submitted Via: Web
Date Sent: 2019-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-05
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have repeatedly applied for HARP with Citibank without receiving a response to the reason that I was denied. I received an approval on a loan modification XX/XX/XXXX, paid six months of payments at {$2100.00} per month with a denial coming in XX/XX/XXXX. Citibank logged these payments to my account for all six months in the amount of {$2100.00} per month a difference of {$32.00} for each month on XX/XX/XXXX. I had a temporary loan modification for XX/XX/XXXX to XX/XX/XXXX in the amount of {$2100.00} for each month and a Disaster Forbearance for XX/XX/XXXX to XX/XX/XXXX at the amount of {$1000.00} for each month. My Mortgage went up from {$400000.00} to {$410000.00} instead of down the amount that I have paid from XX/XX/XXXX. Citibank took one payment of {$1800.00} on XX/XX/XXXX and one payment of {$1700.00} on XXXX XXXX for property taxes that XXXX County Treasurer have never received and are charging me for this. I have paid my property taxes in full XX/XX/XXXX. I am being told that Citibank is putting my loan on a variable loan program with a cap of 4.75 % not the 3.375 % that I was approved for in XXXX and have been paying all along but can not supply any paperwork for this agreement. Because of all of this holding of payments Citibank shows on my credit report that I am 90 days past due.
Company Response:
State: NV
Zip: 894XX
Submitted Via: Web
Date Sent: 2019-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-04
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: 1 ) The mortgage servicer PHH Mortgage formerly Ocwen Loan Servicing, LLC had accepted and confirmed the submission for XXXX XXXX XXXX loan modification file on XX/XX/XXXX. 2 ) PHH Mortgage formerly Ocwen Loan Servicing, LLC approved the trial modification on XX/XX/XXXX. Mr. XXXX made an completed all three trial payments dated XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. Ocwen Loan Servicing, LLC, currently PHH Mortgage did not send the final modification agreement ; however, Mr. XXXX always continued to make his payment with fail. 3 ) PHH Mortgage, formerly Ocwen Loan Servicing, LLC realized in late XX/XX/XXXX that the final modification was not delivered to Mr. XXXX. PHH Mortgage allegedly then issued the final modification agreement in late XXXX and asked for Mr. XXXX to send back immediately. The modification agreement was not delivered within the time requested for document to be returned. Instead Mr. XXXX received agreement in mid to late XXXX. Upon receiving Mr. XXXX then called PHH Mortgage, and explained the situation. PHH Mortgage representative XXXX id # XXXX confirmed with MrXXXX XXXX that they would accept the final signed agreement because of the mix up and he would have no further problems. 4 ) Mr. XXXX returned agreement as instructed and continued to make scheduled payment. However, PHH Mortgage cancelled the modification because, documents were not received per date on agreement ; and set a scheduled sale date. Although PHH Mortgage representative confirmed agreement would be accepted, as it was no fault of Mr. XXXX for the delayed return. 5 ) When Mr. XXXX contested PHH Mortgage actions his funds were returned, and PHH has continued to push the sale date of XX/XX/XXXX. 6 ) The actions of PHH Mortgage are consistent with Dual Tracking. Dual tracking occurs when a mortgage servicer continues to foreclose on a borrower 's home while simultaneously considering the borrower 's application for a loan modification or other foreclosure avoidance option. In addition, PHH Mortgage violates the rule of RESPA AND ECOA, while failing to properly and timely provide Mr. XXXX with required documentation to complete modification, while discriminating against Mr. XXXX by not accepting said agreement. This practice violates federal law ( 12 C.F.R. 1024.41 ) which ; The Consumer Financial Protection Bureau, which was established by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, issued mortgage servicing rules that, after being codified into federal law, went into effect as of XX/XX/XXXX. Among other things, the rules restrict dual tracking. 7 ) As stated in the opening of this Notice of Error, Mr. XXXX complied with instructions provided by PHH Mortgage and continued to honor his payment commitment. However, a foreclosure sale date was scheduled, and final modification cancelled. As of XX/XX/XXXX, the sale date of XX/XX/XXXX remains on record.
Company Response:
State: VA
Zip: 23060
Submitted Via: Web
Date Sent: 2019-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A