Date Received: 2019-12-02
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I started the modification process in May with PHH Mortgage Company. I started sending documentation through their online portal. I called often to check on the status of my modification package and each time I was told I was missing documentation, that was already sent. I would resend the requested documentation and follow up with a call where I was told that I had other documentation missing. This continued until XXXX. In XXXX I was locked out of the online portal which said the username and password were wrong. I tried changing the password and eventually called the tech help number. They told me they couldn't get me into the portal. At that point I called and got the paperwork to resubmit the ENTIRE package again, this time through email. Again, I was told repeatedly that I had missing paperwork and that I submitted the " old '' hardship paperwork. I turned in the " new '' hardship paperwork and waited. When I called to follow up I asked to talk to a supervisor. I was put on with a supervisor that immediately emailed me the " new '' hardship paperwork in which I immediately filled out and sent back to her. I called on XX/XX/2019 to follow up and she said the dates were wrong and that I needed to send in the tax returns page 2 again. I did so immediately and she emailed me back that everything was in and and she was going to be out of the office until after XXXX and she would get in touch with me on Friday after XXXX when she returned to work. I never heard from her on Friday the XXXX in which I emailed her but the email came back that the email address didn't exist. I called her direct line today and extension and it said the number was disconnected. Throughout this whole process I was assigned a " relationship manager '' in which I never spoke to once. I spoke to someone different each time I called. I asked to have an appointment with the " relationship manager '' and was told they do not make appointments. I received a certified letter on XX/XX/2019 and summons papers that my house is in foreclosure.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IN
Zip: 46544
Submitted Via: Web
Date Sent: 2019-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Everything in this complaint is well documented with letters, notes, and emails, however its the 45+ hours of phone calls PHHs Retention, Resolution, and Escalation Departments that have been most helpful in accurately piecing together all that has occurred. So far my experience when dealing PHH is that a majority of my concerns will not be properly investigated, if at all, will not be accurately noted to the file, if at all, and the resolution letter doesnt even resemble the original concern I asked to be investigated. The help desk said I cant upload audio files but if you thought it would be helpful I could copy all call to a USB drive and overnight it. COMPLAINT : I was just finishing my trial modification period when my loan was transferred from Ocwen to PHH. I was told that they were recalculating the numbers and that I would have the modification paperwork 30 days well it ended up taking over a 100. When I receive the modification package on XX/XX/19, I signed and returned as requested. It was returned weeks later due to the wording issue by the notary so I re-signed and sent it back. PROBLEM 1 : On or about XX/XX/19 I noticed that my suspense account balance went from {$8100.00} to {$6000.00}. I was told by the escalations department that it was returned to the XXXX because thats where I made it. Ive requested a reference number 9 times, 3 from the retention department, 6 from the escalation team. Ill not aware that anythings been done or a ticket being open. PROBLEM 2 : On XX/XX/19 I PHH transferred {$2300.00} from my suspense account and applied to my XX/XX/19 payment. Per the modification paperwork, my payment is only {$2100.00} Ive asked the Escalation Dept for an explanation on every callnothing! Even if there is a valid reason for payment to go up, I would imagine some kind of notice has to be provide before the bank can just take it? PROBLEM 3 : On XX/XX/19 another {$1800.00} was transferred to my escrow account and no ones able to tell me why. An escrow analyst was done the same day but it shows my payment goes down {$32.00} starting in XXXX. PROBLEM 3 : On XX/XX/19 I received a Notice of Intension to Foreclose dated XX/XX/19 that is riddled with inaccuracies. When I called on Friday to make my regular payment of {$2100.00} I was told by XXXX in Escalations that I couldnt make one because of this status. First it states Im due of a XX/XX/2019 payment when we already know PHH made from my suspense account 7 days prior to this letter. That would make the number of months past due 4. Total amount due shows 5 payments for $ XXXX. Assuming its 5 payments it should really be {$2100.00} x 5 = {$10000.00}. Finally, theres the suspense account balance of {$4100.00}, why wasnt another payment taken out. How does a bank try to take someones house with made-up numbers? PROBLEM 4 : On XX/XX/19 I received 2 notices that my monthly statement was ready. One was dated XX/XX/19 and the other XX/XX/19, both are for the 12/1/19 payment and use numbers inconsistent with the loan modification. Problem 5 : Per my XX/XX/19 conversation with XXXX XXXX in PHHs Resolution Dept, I was making a {$580.00} payment to cover the deficiency for XXXX. I took 4 payments of {$2100.00} and subtracted my suspense account balance of my suspense account and came up with a deficiency thru XXXX of {$580.00}. Is PHH holding this check or are they sending it back? PROBLEM 6 : For issues leading up to this modification ( I can detail them if you like ), Ocwens Office of The Consumer Ombudsman agreed to do a do a couple of things, and one of them being that theyre were going to waive the foreclosure fees. The other were suppressing my credit and waiving prior late fees. The late fees have been waived, credits been 80 % suppressed, but the foreclosure fees were still added to my principle balance. I first inquired about this on XX/XX/19 and probably another dozen times since, yet the only response I received on XX/XX/19 and it was just the definition of foreclosure costs and fees. Im including the following docs : Signed modification agreement, Notice of intent to foreclose, XX/XX/19 and XX/XX/19 statements, last response from PHH dated XX/XX/19, my most current request for information emailed XX/XX/19 escrow analyst dated XX/XX/19
Company Response:
State: MI
Zip: 483XX
Submitted Via: Web
Date Sent: 2019-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-01
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Everything in this complaint is well documented with letters, notes, and emails, however its the 80+ hours of phone calls with Ocwens Office of the Consumer Ombudsman and PHHs Retention, Resolution, and Escalation Departments that have been most helpful in accurately piecing together all that has occurred. Its been my experience when dealing with Ocwen, and now PHH, that a majority of my concerns will not be properly investigated, if at all, will not be accurately noted to the file, if at all, and the resolution letter is so watered-down that it rarely describes what truly transpired. The help desk said I cant upload audio files but if you thought it would be helpful I could copy all call to a USB drive and overnight it. COMPLAINT : In late XXXX of this year Ocwens Office of the Consumer Ombudsman, and then PHH, agreed to suppress my credit history with all 4 CRAs from my XX/XX/XXXX payment through XX/XX/XXXX. Although neither Ocwen or PHH dispute the agreement to suppress my credit, both continue to knowingly furnish erroneous information to each of the 4 CRAs.. In XXXX I disputed Ocwens erroneous reporting with the CRAs, Ocwens responded by continuing to report the erroneous information and falsely verifying it as accurate. Over the past 9 months Ive provided over a dozen excerpts from my credit report showing the erroneous reporting, however, I cant find a single time theyve even acknowledge them. Ironically, one of the reasons for granting the credit suppression in XXXX was Ocwens erroneous reporting of my credit back in XX/XX/XXXX. The only bright spot in this entire mess was working with XXXX XXXX in the resolution department. She understood my issues, was accessible and responsive, but most importantly she got answers. She actually fixed the reporting issue in late XXXX it was short-lived lasted until XX/XX/XXXX. Im attaching the following. PHH latest erroneous credit reporting response dated XXXX, various credit excerpts highlighting the erroneous reporting, Ocwens dispute response to XXXX, Excerpts showing Ocwen and PHH reporting correctly XXXX XX/XX/XXXX. Again, I would encourage you to listen to the calls to fully understand what borrowers have to deal with. In the next week or so I will be filing separate complaints against both Ocwen and PHH for their continued violation of our Federal consumer financial laws, Ocwen for its actions leading up to the XXXX suppression agreement and PHH violation regarding the transfer and modification agreement.
Company Response:
State: MI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-01
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am in a loan modification program with Ocwen, Phh Mortgage. I made my first payment in XX/XX/2019. I tried to make my second scheduled payment on XX/XX/2019, and the automated system informed me that money can not be accepted on my account. I have no idea why that would happen. Now I am behind a month in the loan modification, because the automated system would not allow me to pay. I couldn't speak with anyone because the office was closed.
Company Response:
State: GA
Zip: 30214
Submitted Via: Web
Date Sent: 2019-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-30
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: XXXX Hello. In the response the mortgage company did not send me an escrow account activity since XX/XX/2018 to XX/XX/2018. Please send me escrow activity for those month. Sincerely XXXX XXXX. PS- they were my first mortgage company and they are responsible for escrow activity for this period
Company Response:
State: CT
Zip: 06053
Submitted Via: Web
Date Sent: 2019-11-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-29
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Oqwen mortgage reported I was missing a payment in XXXX of this year. I was not late I pay with XXXX XXXX XXXX XXXX every month for the last 14 years this system was down and wouldn't allow my payment to go thru there were problems with the system for 3 weeks before it was fixed. There for my payment was late not do to me but problem with there own system. I would like missing payment to be changed on my report.
Company Response:
State: NV
Zip: 89011
Submitted Via: Web
Date Sent: 2019-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-29
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Under Florida Statute 57.105, attorneys fee 's can only be awarded to the PREVAILING PARTY IN A FORECLOSURE ACTION. On XX/XX/XXXX, The the moving foreclosure party ( XXXX XXXX ) dismissed the legal action VOLUNTARILY. The Court order attached herein clearly reflects that the foreclosure action was dismissed pursuant to a settlement between us and the bank and therefore XXXX XXXX never prevailed in the foreclosure action and NOT ENTITLE TO LEGAL FEES PURSUANT TO FLA. STAT. 57.105. See Fla. Statute attached herein for your review. See page 3 of 7 to the note executed on XX/XX/XXXX. Under section ( d ) " Payment of note Holder 's Cost and Expenses ''. The note reflects the following clause " If the Note holder is required to pay immediately cost and expenses for enforcing the note whether or not lawsuit is brought TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW ''. What does the last paragraph mean? It means that a lender can not add these fees to the account if the state where you reside does not permit or allowed by Statute. Under Florida Statute a lender is PROHIBITED from pursuing legal fees if have not prevail in an action. There is clear and convincing proof in that the foreclosure action was dismissed due to a settlement out of Court and therefore did not prevail in the action. PHH Mortgage Services are in car violation of Florida Statute 57.105. Both the note and the Florida Statute 57.105 does not allow for such charges given that their predecessors ( Ocwen ), ( XXXX ) DID NOT prevail in the foreclosure action. PHH actions are illegal in the state of Florida and should be reprimanded.
Company Response:
State: FL
Zip: 331XX
Submitted Via: Web
Date Sent: 2019-11-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Look at what they are applying to principal, and look at the historical payments. I tired a loan modification I made 3 payments on time. The loan modification they offered a new Maturity date to XXXX. They saying I Owe XXXX, I ; ve only missed 2 at XXXX has you can see I have been paying XX/XX/2019 Mortgage Payment {$950.00} XX/XX/2019 Principal Only Payment {$91.00} XX/XX/2019 Mortgage Payment {$950.00} XX/XX/2019 Mortgage Payment {$900.00} XX/XX/2019 Mortgage Payment {$950.00} XX/XX/2019 Mortgage Payment {$900.00} XX/XX/2019 Mortgage Payment {$900.00} XX/XX/2019 Mortgage Payment {$950.00} XX/XX/2019 Mortgage Payment {$950.00}
Company Response:
State: VA
Zip: 220XX
Submitted Via: Web
Date Sent: 2019-11-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-29
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mother, who is legally XXXX, has granted me power of attorney which is why I am submitting this on her behalf. My mother lost a portion of her income on XX/XX/XXXX when her previous employer ceased her XXXX pay. We applied for a loan modification through her current servicer at the time, Ocwen. All of the necessary documentation had been sent and during this time, her loan was sold to XXXX/PHH. Since that time, her loan has been an absolute disaster. How PHH is in business is beyond me. The modification was approved but her payment INCREASED. My mom made the decision to " just give up '' and accept their new modified terms. She was told by PHH that she will be on a trial-mod payment period and needs to make the prescribed 4 payments and she will then be reviewed for a permanent modification. During that time, PHH has regularly misapplied funds and has constantly contacted my mom to make multiple payments during the month. The most recent and egregious occurring on XXXX. My mom made a regularly scheduled payment on XX/XX/XXXX ( when she receives her SS income ) and the payment was put into a " suspense account '' and not applied to the loan. On XXXX, her homeowner 's insurance payment was due and PHH unilaterally determined that they would release the funds from this suspense account and use it to pay the homeowner 's insurance, despite the fact that my mom has an escrow account, and has been calling her nonstop stating that she is due for her XXXX payment. There has been no escrow analysis done and my mom has not had the opportunity to determine how she wants a projected escrow shortage handled, whether it be through a one time payment to bring it current or spread out and added to her payment. Additionally, PHH is misapplying the funds which has the potential to jeopardize her eligibility for the final modification. In speaking with them, they are advising that they have the right to apply funds as they see fit. I can not imagine that is accurate and everytime we call, we get a new story. Desperate to get some assistance with this horrific company.
Company Response:
State: MI
Zip: 48348
Submitted Via: Web
Date Sent: 2019-11-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-11-28
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage company has not sent me a statement for the most recent billing cycle and I am unable to access my account online. This happened to me last payment cycle as well and they misapplied my payment.
Company Response:
State: GA
Zip: 30041
Submitted Via: Web
Date Sent: 2019-11-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A