Date Received: 2024-01-22
Issue: Struggling to pay mortgage
Subissue: Trying to communicate with the company to fix an issue related to modification, forbe
Consumer Complaint: I requested a modification from the loan servicer PHH Mortgage. Loan number XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I was told that I was denied because there is too much equity in the home and to contact the investor who is XXXX XXXX. XXXX XXXX was no help they told me I had to submit a letter to the correspondence dept. Myself n my XXXX was affect by the pandemic and XXXX XXXX. Since than my financial situation has changed and Im in a better place to make payments. They are refusing payments they just want a reinstatement amount in full. They are refusing to work with me and they have contacted an attorney to begin foreclosure proceedings.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NY
Zip: 10310
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-20
Issue: Trouble during payment process
Subissue: Payment process
Consumer Complaint: On XX/XX/XXXX, PHH Mortgage Services received my principal-only payment of {$1300.00}. I mailed a check accompanied by a statement stub explicitly identifying the payment as principal only. Also, I added a note on the check. PHH reduced the principal payment by taking out interest on the payment. This effectively pays PHH a portion of the payment and reduces my payment to the principal of my loan. This practice has had many negative impacts on me. It prevents my efforts to reduce my loan amount, increases the amount of interest owed on the loan, incorrectly states the 1098 interest reported to the IRS, and results in an inordinate amount of my time trying to get them to reverse what they have done. The primary reason to file a complaint is the recurrence of this by PHH Mortgage. I believe PHH Mortgage is intentionally misapplying principal-only payments from customers to increase their interest revenue. The very same practice occurred by PHH to a principal-only payment I made in XXXX.
Company Response:
State: SC
Zip: 29710
Submitted Via: Web
Date Sent: 2024-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-19
Issue: Trouble during payment process
Subissue: Escrow, taxes, or insurance
Consumer Complaint: This has been going on for over 3 months. My home was demolished for reconstruction. My insurance dropped because there is no home. My mortgage customer service says to contact insurance, and insurance says to contact customer service. Their insurance department first asked for demolition papers and permits. A month later, XXXX XXXX XXXX. I have provided all of these documents to their insurance department and it still has not been corrected. Now, they are trying to make me pay for their private insurance. I would like them to update the documents and status and reimburse the money they took out of escrow. Before I pay for the incorrect amount due in XXXX PPH Mortgage and XXXX XXXX
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-19
Issue: Struggling to pay mortgage
Subissue: Applying for or obtaining a modification, forbearance plan, short sale, or deed-in-li
Consumer Complaint: Hi : My prior complaint with the CFPB is XXXX. I've been able to get to & work with XXXX people at both PHH 's Ombudsman & XXXX XXXX XXXX Escalations, Lost Mitigations Departments. The latest for me : submitted a loan mod, passed thru Underwriters, but denied by loan carrier. However, PHH is still not directly responding to my main complaint which is : PHH overseas reps repeatedly gave me THE WRONG INFO re : PHH policies during XXXX. PHH has never directly acknowledged their responsibility in my growing outstanding balance -- nor offered any make-good. Essentially, they're saying : " Oh, we gave you wrong info. But this is 100 % your problem. '' I call that corporate bullying. There must be someone at PHH who has the seniority to hear, comprehend, and do something to help.
Company Response:
State: CA
Zip: 90034
Submitted Via: Web
Date Sent: 2024-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-18
Issue: Trouble during payment process
Subissue: Fees charged
Consumer Complaint: XX/XX/XXXX Dear Madam or Sir, I'm making this complaint because I feel that PHH Mortgage Services or other companies using that trademark and logo lured me into paying late and penalized my wife and me even though PHH was never damaged, because I never paid later than 30 days. This is true because for many decades that was the only situation in which they notified me of a problem and would not waive a late fee : in the very rare event over 30 years that I paid AFTER 30 days late. If I had known they were going to exact a late payment penalty against me for paying later within 30 days AFTER WE ACCEPTED IN WRITING THEIR OFFER TO HELP US, I could have taken other measures to avoid the {$1500.00} or so penalty they imposed for our being a bit late for the several months in which I requested help during the Covid downturn. Documentation of the PHH offer of assistance and my acceptance is included with this complaint, in PDFs entitled starting with " PHH XXXX XXXX XXXX XXXX and continuing with dates going through the following months, about 12 months in all. During this Covid pandemic period, I filed this same request online on the PHH payment website EVERY MONTH that I paid later than the XXXX, and in every one of these months, I paid in full by the end of the month. In XX/XX/XXXX, at the end of the loan 's 30-year term, and until I gave in to their unfair demands, PHH failed to send my mortgage release and ignored or gave incoherent and unreasoned responses to my written requests for help, apparently to coerce me into paying by threatening to extend payments indefinitely. See attached, enclosed PHH 2nd Denial Attachment Letter where they deny having received anything from me, DESPITE MY FILLING OUT THEIR OWN FORM ON THE PAYMENT WEBSITE MONTHLY -- which submissions are proven by the attached requests for PHH assistance copied in It appears they also kept returnable excess escrows, probably a further reason for their delay, saying they had to re-calculate escrows for the year even though they must have known the loan would be terminated by the time any insurance or tax escrows would be paid out. I later fully paid our-of-pocket all XXXX flood insurance and property taxes ( the only two year-end payments they had been escrowing for years before ), and these were the escrows they re-calculated in the month my loan was to terminate and was in fact paid off by us. I never had the sense they understood in the least the injustice of saying they wanted to help and using that as an enticement to position PHH to unfairly impose a penalty. This had to be the exact opposite of the intention of the law and of consumer financial protection in general. Or so it seems to me, as I believe it would to most borrowers. One must ask now : If this is how they HELP people, what horrific things are they doing when NOT offering to help? I wish they had not made the offer at all, and I would have saved the near- {$1500.00} they overcharged me. ( I haven't even been able to discern from their incoherent and incomplete documentation exactly how much they overcharged us, but it amounted to about the same as an extra monthly payment would have been, in the neighborhood of {$1500.00}. ) By the way, this also seems like a breach of contract, because they unilaterally modified the repayment agreement we had by claiming to offer forbearance upon request and imposing draconian fees without alerting us while the whole country was in the midst of the extraordinary circumstances of the Covid pandemic and economic downtown, a time when all my business seemed to go away as well. I have attached/included the PHH offers of assistance and our acceptance of them by monthly filling out the webpage containing the offers of assistance on which we relied. I have also included other year-end statements they sent as well as their perfunctory denial of my appeal for a waiver of all these unjust fees. I've tried to work with them, but they have been uncommunicative and resistant, handling me off to people who couldn't speak English well enough for my aged hearing to grasp and giving me nothing detailed or substantive in writing, probably thinking that would shield them from your scrutiny. Thank you in advance for your attention and your assistance!
Company Response:
State: LA
Zip: 704XX
Submitted Via: Web
Date Sent: 2024-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-18
Issue: Trouble during payment process
Subissue: Escrow, taxes, or insurance
Consumer Complaint: Right before Hurricane Sally, I called to check my insurance. Since my mortgage company pays this, I wanted peace of mind. After inquiring, my insurance carrier said that my flood was canceled. I asked how this could happen, and they looked into this with FEMA. It was discovered that my mortgage company sent a check to FEMA, put a stop payment, and then did this again. FEMA then canceled my policy, which I assumed from the previous seller. I was then forced to get private flood at triple the price. I have asked for help and or an explanation from my mortgage company. They claim it's not their fault, and that's it. Now, my payments have gone up to no fault of mine. They were supposed to handle this with my escrow.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 325XX
Submitted Via: Web
Date Sent: 2024-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-18
Issue: Struggling to pay mortgage
Subissue: Trying to communicate with the company to fix an issue related to modification, forbe
Consumer Complaint: THIS IS OUR RESPONSE TO PHH MORTGAGE WHICH SENT US AN EMAIL PROVIDING THEIR ANSWER TO TWO OF OUR COMPLAINTS WITH THE CFPB *** Office of Consumer Ombudsman c/o PHH Mortgage Services XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX COPY : THE CONSUMER FINANCIAL PROTECTION BUREAU Sir XXXX This is to confirm receipt of your communication sent via email and dated XX/XX/XXXX where you indicated you have responded, through your counsel, to two complaints we filed with CFPB : - Fraudulent mortgage s/b fraudulent mortgage assignment - Incorrect balance Fraudulent mortgage assignment We note that you are not a party to what we assert as a fraudulent mortgage assignment done by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX or four years after the Trust RAMP Series XXXX closed and no more assets can be added. That fraudulent deceptive assignment was between XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX That complaint was not against PHH Mortgage but against XXXX XXXX. We are not sure why you are responding to that, unless you are speaking for XXXX XXXX. Your counsel, we believe, missed the issue involved in that fraudulent transaction. They kept alluding to the the mortgage follows the note concept. As important as the issue is, that is not why we are complaining that the assignment of mortgage was fraudulent. We assert that XXXX XXXX has acted in bad faith, has dirty hands and manipulated the assignment of mortgage to themselves so they can grab the property through a foreclosure, except that they appear to be foreclosing on an unsecured note. 1. First, they filed a foreclosure as the Trustee of the XXXX XXXX XXXX XXXX where the note is part of or securitized in. 2. Note : The Trust does not own the mortgage ( or security instrument ). No more assets to be added after it closed on XX/XX/XXXXXXXX XXXX XXXX 3. The Trustee owns the mortgage ( by virtue of an assignment of mortgage that we assert to be fraudulent and invalid ) 4. So XXXX XXXX is foreclosing on an unsecured loan Incorrect Loan Balance Your counsel indirectly stipulated and admitted in their response that XXXX XXXX did in fact receive a sum of money as part of the XXXX XXXX XXXX huge settlement with XXXX XXXX. Your counsel is labeling XXXX XXXX share of this settlement as something else. They are not disputing that it is for XXXX XXXX XXXX XXXX which is where our loan was securitized. And the ( we presume ) large amount that XXXX XXXX received from the XXXX XXXX settlement was not specified. It appears indisputable that XXXX XXXX received a large sum ( presumably ) as a part of the XXXX XXXX XXXX settlement for RAMP Series XXXX. Our loan was securitized and part of that Trust. All these years, XXXX XXXX kept quiet about this large settlement they received. Now that it is in the open, they have finally admitted receiving that large sum as part of that {XXXX XXXX settlement but they want to label it for something else. In the meantime, they are claiming that our loan balance, and the other loans in the Trust, is unaffected by those monies they received. It seems that the other loans in the Trust should be complaining as well that their balances should be adjusted as a result of that huge payout received by XXXX XXXX. We intend to get to these details and specifics when we get to the appropriate discovery motions. FDCPA ( Federal Debt Collections Practices Act ) We are not disputing that under the FDCPA mortgage services are not classified as debt collectors as claimed by your counsel. However, federal appellate courts and trial courts have held/ruled that a mortgage loan servicer who is assigned a mortgage loan debt while it is in default is a debt collector and is thus governed by the FDCPA. Our loan with PHH Mortgage is in default, thus PHH Mortgage is bound to follow the FDCPA and refrain from 1 ) unfair, deceptive and manipulative practices, 2 ) validate the debt is not inaccurate or grossly misstated - we have pointed to them many times that the loan balance is wrong 3 ) harassment calls 4 ) dual tracking You have not, despite our repeated requests, provided any validation of the debt. There have been several loan principal forgiveness under Ocwen that appears not reflected in the loan balance. Also during the transfer of loans from Ocwen to PHH Mortgage there have been complaints that your servicing software had errors and flaws. You have stopped sending us mortgage statements for the last 10 months. You are clearly in violation of the FDCPA. Sincerely, XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AL
Zip: 35242
Submitted Via: Web
Date Sent: 2024-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-18
Issue: Struggling to pay mortgage
Subissue: An existing modification, forbearance plan, short sale, or other loss mitigation reli
Consumer Complaint: I was approved for a modification. I made my last payment on XXXX XXXX XXXX but was applied XXXX XXXX XXXX I am assuming because it was a holiday. This broke my agreement and cutomer service said I had to reapply for another modification. I was approved for a new modification with a ballon payment of {$88000.00}. I had to reject this new agreement to try and find an alternative such as a repayment plan. I can not reach my relationship manger by phone. I have a phone appointment for XXXX XXXX XXXX Customer Service can't help with anything other than taking a payment. My past due balnce is {$5300.00}. My total amount due XX/XX/ will be {$7200.00}. I am trying to reslove the issue with no luck.
Company Response:
State: TX
Zip: 77089
Submitted Via: Web
Date Sent: 2024-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Trouble during payment process
Subissue: Payment process
Consumer Complaint: I submitted a PDF request to switch to biweekly payments. No acknowledgement of receipt was provided nor has the website been updated to reflect this. Calling their XXXX or XXXX Call Centers is an exercise in frustration. Poor connections quality, lack of efficacy and other problems. So no help there. BTW, NO AMERICAN SHOULD BE REQUIRED TO SHARE THEIR PRIVATE DATA WITH FOREIGN NATIONALS. This is UNSAT. In what world do XXXX or XXXX call Americans and share their private data. Big business is degrading privacy and national security by being allowed to offshore our personal info. Maybe the XXXX Government forgets how the XXXX siphoned info to troll for potential classified individuals information. How is this is any different. Pathetic. The end result of this was I submitted a payment and then was magically autobilled for half the payment of a biweekly payment. These clowns make XXXX look good. So I called and requested a refund after my bank account was overdrafted. I was promised a XXXX week snail mail check by the XXXX XXXX but so far that is not forthcoming. This was made prior to XXXX. Meanwhile the website is telling me I am late while showing multiple payment scenarios. This company should not be allowed to service mortgages.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85016
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Struggling to pay mortgage
Subissue: Trying to communicate with the company to fix an issue related to modification, forbe
Consumer Complaint: In XXXX to XXXX XXXX XXXX XXXX, on XX/XX/XXXX Complaint XXXX XXXXXXXX. I received Email from XXXX XXXXXXXX XXXX XXXX XXXX XXXX Ombudsman on XX/XX/XXXX stating that research into my complaint was ongoing. But, It seems XXXX XXXX is in error, investigating a XXXX on a house in XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX Account Number XXXX And, in this email, seems to think, I XXXX XXXX have something to do with this mortgage. I have never bought, nor have I ever resided in the XXXX XXXX XXXX
Company Response:
State: TX
Zip: 77833
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A