Date Received: 2019-10-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Ocwen transferred the mortgage to PHH without a principal balance. This is illegal. PHH was to assist with reinstating the mortgage with a modification but efforts have been refused. There was a modification with Ocwen in XXXX on which payments were made from XXXX, XXXX to XXXX, XXXX. No laws were cited by Ocwen when part of the payments were refunded. Ocwen illegally advised their attorney who was unknown, to refuse the modification after 3 months. This is illegal. Attorneys can not make representations about the financial workings of the loan. The attorney stated that a notice of. refusal was sent by email but a copy of that email was not presented because the attorney never sent the email. Ocwen accepted the trial modification by implication because Ocwen kept part of the payments. Please advise Ocwen to reinstate the modification. Who is supervising Consumers Rights at CFPB? Who will defend the Respa Laws which. Ocwen has continuously violated in this mortgage. The only way the refusal of the XXXX modification was discovered was in an answer to a CFPB in XX/XX/XXXX. Ocwen also admitted that clerical errors were in the modification of XXXX and no monthly payments were established since XX/XX/XXXX so I could not pay on the loan. Ocwen admitted that the payment of XXXX, XXXX was not credited correctly. This transfer to PHH is the 2nd time Ocwen transferred the loan. The first time was in XXXX, XXXX to XXXX but the loan was sent back to Ocwen creating another delinquency. The loan was not delinquent in XXXX until Ocwen misapplied monthly payments, failed to correct the mistakes on the XXXX modification after which a monthly amount to pay was never required. Even though Ocwen failed to return 5 months of payments on the trial modification of XXXX and 3 months of payments on the modification of XXXX plus all the other errors Ocwen has not credited those monies. The default date goes back to XX/XX/XXXX before the failed transfer to XXXX and before the XXXX to XX/XX/XXXX payments and before the XXXX to XX/XX/XXXX trial payments. This is illegal and outright Theivery. What if CFPB going to do about this? XXXX XXXX XXXX Ps. Ocwen created this default. After 225 requests to Ocwen to correct, Ocwen has not responded with answers within 30 days as required by Respa.
Company Response:
State: NJ
Zip: 077XX
Submitted Via: Web
Date Sent: 2019-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: To whom it may concern, My name is XXXX XXXX, I have a mortgage with PHH Mortgage, I am writing this letter because I recently requested mortgage assistance with my mortgage company PHH Mortgage. Upon my request for mortgage assistance much to my surprise I was charged a fee of {$100.00}. I requested the assistance because PHH Mortgage previously sent me documentation that no fees will be charged when requesting for mortgage assistance ( included ). I have reached out to PHH Mortgage regarding the fees charged and PHH has rejected my request to refund my account. I would greatly appreciate it if my District Attorney will please look into this for me. Thank you in Advance XXXX XXXX, PHH Mortgage Account # XXXX Property Address : XXXX XXXX XXXX, XXXX AR XXXX Mailing Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX
Company Response:
State: TX
Zip: 75024
Submitted Via: Web
Date Sent: 2019-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I was under Chapter XXXX bankruptcy until earlier this year I had to pay a lump sum to ensure my mortgage was caught up going forward which left me with a surplus on my mortgage account during the months of XXXX and XXXX my mortgage was transferred to a different mortgage company and no one would take my payments due to having had been in chapter XXXX. I tried thru several methods to clear this up but I could not see a statement or speak with anyone at phh mortgage company, I submitted thru money transfer made two payments to phh in XXXX one was for XXXX one was for XXXX and I made the XXXX payment at the end of XXXX the company never applied suspension money to my account that were due on the account and reported that I have a late XXXX payment. Due to the way that they applied the funds that was clearly in my account was not acceptable and they held my money without informing me that it was not applied to my account again I had no statement.
Company Response:
State: NC
Zip: 270XX
Submitted Via: Web
Date Sent: 2019-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage was recently bought out and transferred to PHH mortgage on XX/XX/XXXX. My property taxes were due XX/XX/XXXX and when I contacted their customer service to make sure with the transfer and everything they were paid - they stated yes Im all paid up for XX/XX/XXXX taxes. According to their records next payment is not due till XX/XX/XXXX. Next comes a surplus check from an escrow analysis done XX/XX/XXXX saying I have an overage in my account. Its clear to me they havent made any payment for XX/XX/XXXX, so I called XXXX county treasurer and sure enough no payment, they stated that a certified letter is being mailed and there is a penalty added to it of XXXX. I then reached back out to mortgage company and they gave me a fax number to submit the bill along with a letter of service error. I have submitted these documents to them on XX/XX/XXXX. I have checked my account online as of XX/XX/XXXX looks like they made a payment to county tax but when I call they just state the facts of what I already see. I have contacted treasure office but they havent received payment yet. Its very frustrating because I cant seem to get a straight answer from their customer service. They are reading off a script and keep putting me on hold to try to get more information but then state everything I already know. They should be able to provide me with more specifics as when the payment is mailed out when they expect it to get there? Are you covering the late fees. This should all be well documented. At this point I am in limbo waiting to make sure XXXX county receives the payment. Im concerned that there will be a tax lien put on my property due to this companies failure to do its job with my escrow. Please advise if any further information is needed Im looking forward to this being resolved as soon as possible,
Company Response:
State: IL
Zip: 60174
Submitted Via: Web
Date Sent: 2019-10-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: This is a follow-up to complaint XXXX, which has been closed by PHH. They have provided a settlement offer to close the deed in lieu process but nothing more was provided. They have provided with a settlement amount, which seems unreasonable, and I'm unaware of how they arrived at that settlement amount. I have requested hardship assistance and they are offering none, and they are not taking any responsibility for their failings throughout this process. It is unreasonable to expect that I agree to a payment without knowing how they arrived at that amount, without them accounting for their shortfalls in the process, and without knowing next steps or terms of the deed in lieu. I would like PHH to take responsibility of their shortfalls throughout this process, which have exacerbated the hardship I continue to experience, and to STRONGLY consider the counteroffer provided. Furthermore, I need PHH to communicate, clearly, the next steps and expectations of the deed in lieu process, expected terms and conditions of the agreement, provide a draft of the deed in lieu documentation, prior to any agreed upon payment or expected signature. I have provided a letter to PHH outlining the issues experienced, my counteroffer, which I deem reasonable given the experiences with Ocwen/PHH, and requesting specific next steps regarding the deed in lieu.
Company Response:
State: CO
Zip: 80209
Submitted Via: Web
Date Sent: 2019-10-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I obtained a mortgage from XXXX XXXX in XXXX of XXXX. My loan was sold to PHH Mortgage in XXXX of XXXX to begin servicing XX/XX/XXXX. I have always made my payments online every month with XXXX XXXX without being charged any " convenience fees '', however, PHH is charging me a {$7.00} " processing '' fee to make my payment online or over the phone. The only way to avoid this fee is to 1 ) mail them a check or 2 ) set up auto debit ( ACH ) from my bank account ( which is exactly the same thing as paying online because my bank routing and account numbers are used for both so it makes no sense ). Basically, they bullied me into setting up my payments on Auto Draft, which I am not comfortable doing because : 1 ) I am straight commission and like to budget and pay as commissions are paid 2 ) I am afraid the draft might not pull due to computer glitch and 3 ) I don't want to pay {$50.00} for an overdraft fee to the mortgage company or my bank if my commissions are paid a few days later than the auto draft. I should have the right to pay my mortgage payment the way I choose without being charged. I called PHH on XX/XX/XXXX to complain. I told them that it was not my choice for my loan to be sold to them and I should not have to " pay '' to " pay '' my mortgage payment on my due date. They told me that the payments go through " XXXX XXXX '', who charges them. I expressed to them that they chose to partner with XXXX and they should absorb the costs because a mortgage servicer 's responsibility is for the day to day management of my mortgage, which includes the collecting and crediting of my monthly loan payments. That's how they make their money. They shouldn't contract with XXXX XXXX if it dips into their profits. Also, I am concerned because the terms and conditions of my loan should not change and they did with this fee. My old lender did not charge a convenience fee to pay and since it was never disclosed in my original loan papers, they should not be able to do it. Furthermore, in my opinion, these " convenience '' fees are the same as " finance charges '' which changes my Truth in Lending APR. I feel like this is a direct violation of my mortgage agreement. I didn't choose to have my loan sold to PHH so it's only fair that I should not incur any extra fees. Thank you.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32937
Submitted Via: Web
Date Sent: 2019-10-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I accidentally sent in two mortgage payments and when I realized what I had done, I asked the company to reimburse me a payment. They initially agreed and told me that it would take 5 business days. Those days have passed and I reached out to them and was told that the request was rejected. I asked to speak with a supervisor that never came to the phone, and I was on hold for 30 minutes. This has caused other bills to go unpaid. I am under a lot of stress and my husband is a XXXX veteran that has to have constant care. We are on a fixed income. The company never reached out to me to inform me or explain why my request for a refund of one payment was rejected. The company is PHH Mortgage Services, XXXX XXXX XXXX, XXXX XXXX, NJ XXXX. Company number is XXXX.
Company Response:
State: TX
Zip: 75232
Submitted Via: Web
Date Sent: 2019-10-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I was sent a letter stating that my payment would increase unless I paid an escrow shortage. I submitted the requested payment of XXXX. The following month, I received a call informing me that my payment had not been received and they wanted to make payment arrangement. My payment is made via my banks auto pay so I knew it was made. Upon research, he then told me the payment was received but it wasn't enough to been cover my amount due, so that payment had been suspended until the full payment was made. I explained that my payment is made automatically every month for the same amount. He then saw that my payment had increased by approximately 100.00. I asked why did my payment increase when I submitted the escrow shortage, and was told the payment was mistakenly applied to the principal instead of the escrow shortage. I was then told that my monthly payment would continue to be suspended until they corrected the error, which should take a few weeks. In the mean time to keep making my regular payments at my current amount due. I received more calls saying my account was deliquent. Despite making the monthly payments as directed. I had to explain what I was told and after reviewing the account and notes they directed me to keep doing as I was. Then received several notices of Intent to Foreclose from a company XXXX XXXX on behalf of PHH mortgage. As well as a notice of late fees applied. I called to find out what was going on and was told that my payment had not been received until after the past due date. Which was false. There records show that they received my payment on the XXXX and didn't apply it until the XXXX. Then charged me a XXXX late fee, and also sent an un I ask that you investigate this event and see if this is a pattern of fraud by this company.
Company Response:
State: FL
Zip: 33414
Submitted Via: Web
Date Sent: 2019-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am having a problem with my mortgage servicer, PHH Mortgage Services. I am U.S. military, and in XX/XX/2019 I set up a payroll allotment via myPay to pay my mortgage every month. XXXX XXXX XXXX XXXX ( XXXX ) ( in XXXX ) sends out payments of {$1500.00} in my behalf on the first day of each month. Until now, PHH has been receiving my payments OK, although a few months ago they called me and said one of my payments was late. This month, however, they called me ( on XX/XX/19 ), said they hadn't received my XX/XX/XXXX payment, and said they were adding a {$37.00} late fee onto my bill. This is the first time they have ever demanded a late fee. I called PHH again on XX/XX/19, and they again denied receiving my XX/XX/XXXX payment in the amount of {$1500.00}. This money is missing. I went to my local finance office and had them put a trace on the funds.
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: IN XXXX I REQUESTED A PAY-OFF AMOUNT FROM MY MORTGAGE COMPANY. OUR DESIRED PAY OFF MONTH WAS XXXX. I RECEIVED THE FIRST PAY OFF AMOUNT ON XX/XX/XXXX OF {$14000.00} FOR XXXX XXXX. I THEN RECEIVED A REVISED PAY OFF AMOUNT ON XXXX XXXX OF {$15000.00} FOR THE SAME DATE IN XXXX. THIS IS WHEN I DISCOVERED THE ESCROW OVERDRAFT OF {$1700.00}. AFTER GOING INTO THE ACCOUNT HISTORY I DISCOVERED A DOUBLE PAYMENT FOR HOUSE INSURANCE. THE DATES PAID WERE XX/XX/XXXX OF {$2100.00} AND XX/XX/XXXX THE SAME AMOUNT WAS PAID AGAIN AND I WAS CHARGED AN SHORTAGE TO MY ESCROW ACCOUNT. ON RECEIPT OF OUR HOMEOWNERS INSURANCE PAPERS IT STATED THE EFFECTIVE DATE AS XX/XX/XXXX. AFTER CONTACTING PHH ON XX/XX/XXXX I WAS TOLD THE FIRST PAYMENT CHECK WAS NEVER RECEIVED AND THEY HAD TO ISSUE ANOTHER CHECK. EMPLOYEE # XXXX FUNDS WOULD BE RETURNED ON XX/XX/XXXX. ON XX/XX/XXXX FUNDS WERE STILL NOT RETURNED. WIFE CALLED AND TALKED TO EPLOYEE # XXXX. WAS TOLD TO GIVE THEM 2 BUSINESS DAYS TO LOOK INTO IT. NO RETURN CALL. ON XX/XX/XXXX I CALLED AGAIN EMP. # XXXX SAID GIVE ANOTHER DAY AND WOULD CALL BACK. TO THIS DATE NO RETURN CALL AND FUNDS HAVE NOT BEEN RETURNED. WE HAVE ASKED REPEATEDLY WHY ARE WE COVERING THEIR LOSS. WE DON'T UNDERSTAND IF THE PAYMENT WAS LOST HOW WERE WE ABLE TO HAVE THE DATE THAT WE GOT ON OUR INSURANCE PAPERS.
Company Response:
State: FL
Zip: 32503
Submitted Via: Web
Date Sent: 2019-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A