Date Received: 2019-08-26
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: PHH Mortgage Services sent me a notice in or about XX/XX/2019 that they are now the attorney of record in a case, Index # XXXX, Supreme Court, XXXX County, New York. NY CPLR 2106 requires a law firm to file an Affirmation stating that they have examined all the documents pertinent to the case and found them to be correct and true. Failure to file this Affirmation has led to dismissal of the case in many instances. PHH failed to file an Affirmation with the Court. My case must be dismissed.
Company Response:
State: NY
Zip: 127XX
Submitted Via: Web
Date Sent: 2019-08-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-24
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: The amount of bank fraud that PHH commits is unreal. We are currently in a short sale review. Have been for 7 months. PHH ordered a new appraisal. The appraisal came back at {$280000.00}. Our offer in review is {$280000.00}. PHH declined our offer that is over market value and requested {$300000.00}. That's good old fashioned bank fraud. Our offer is over market value!!! What PHH is doing is illegal. Bank fraud.
Company Response:
State: CA
Zip: 92101
Submitted Via: Web
Date Sent: 2019-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/2019, XXXX bought my mortgage from OCWEN. The problem that exists is that PHH is failing to make appropriate escrow disbursements that have resulted in an escrow shortage. Now, I don't understand how this happened since my first payment was on XX/XX/2019, under the new servicer ( PHH ). Secondly, I am real estate tax-exempt based on my VA rating by the XXXX of XXXX, Commission of Revenue office. I contacted PHH to request my refund for taking real estate tax payments from my monthly payments. PHH sent back notification that I had no refunds but was unaware of my exemption status although my previous servicer OCWEN had it on file. I don't trust PHH is telling me the truth on my refund. Lastly, I'm upset that I can't get accurate information on my mortgage balance. It seems I'm getting updates with account adjustments all of the time with increased principal balances without justification.
Company Response:
State: VA
Zip: 23666
Submitted Via: Web
Date Sent: 2019-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am a XXXX old man struggling making my mortgage payment i have been in default for over 2 years trying to correct my past dues. Due to my negative credit score and being on fixed income i have not been able to get a loan to pay my past dues. i have been pre approved for a home loan which will help me bring my past dues. i have tried multiple times to get a reinstatement and payoff quote from the Lender and attorney who is handling the default and foreclosure with no success in obtaining a payoff or reinstatement quote. Every time i call PHH mortgage my lender they tell me the attorney XXXX XXXX is the only people who can generate a reinstatement quote. I have call Western progressive at XXXX and XXXX multiple times with no success in speaking to anyone. I only have the option to leave a voicemail. Which i have multiple times and they have not called me back. On XX/XX/2019 at XXXX XXXX i sent a written request for an exact reinstatement amount to the fax number given by the pre recorded answering machine XXXX. I have called multiple times to request an update and i can not speak to anybody but leave a voicemail in addition the lender PHH is not helping me contact them they just give me the same XXXX number again. It is now XX/XX/2019 and i have yet to receive any information on the past due amount or if my fax was received. I feel as if this company is purposely trying to prolong the time so i could go into foreclosure and loose my home because there is of the equity my home has. I have my loan approved and the only thing missing is the reinstatement amount so i can get out of foreclosure however XXXX XXXX is prolonging my request.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 90291
Submitted Via: Web
Date Sent: 2019-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-23
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: OCWEN LOAN SERVICING/PHH MORTGAGE IS STATED IN CORRESPONDANCE TO YOU OUR LAST PAYMENT WAS ON XX/XX/XXXX FOR INSUFFICIENT FUNDS. THAT WAS AN INVESTOR PAYMENT AND IT PROVEN ON OUR TRANSACTION HISTORY, OUR LAST PAYMENT WAS ON XX/XX/XXXX WHICH ALSO WAS STATED TO BE TRUE IN CORRESPONDANCE FROM OCWEN LETTER DATED XX/XX/XXXX WITH THIS BEING SAID OCWEN AND PHH MORTGAGE OUR FALSE STAMENTS TO YOU AND OTHER GOVERMENTAL AGENCYS AND WE WANT IT CORRECTED. WE WERE INCOMPLIANCE WITH OUR LOAN, VICTIMS OF FALSE CLAIMS ACT.
Company Response:
State: CA
Zip: 95355
Submitted Via: Web
Date Sent: 2019-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-23
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: already have a complaint but i didnt know what to do, under XXXX i received a letter saying there is not enough time before sheriffs sale and wrote sayng the sales date is XX/XX/XXXX and under 12 C.F.G. 102.41 REGULATIONS OF XXXX XXXX THAT if it is withing 37 days before sale and although their letter is dated XX/XX/XXXX i sent it over XXXX and have proof giving it enough time i am scared i dont want to lose my home and they are doing nothing to help me i dont care what they say, i wrote XXXX XXXX XXXX a few faxes that is the guy who replied to my first complaint with you and he sent a letter dated XX/XX/XXXX saying they are there to help but they arent i need you please have a XXXX husband and nowhere to go
Company Response:
State: NJ
Zip: 070XX
Submitted Via: Web
Date Sent: 2019-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Effective XX/XX/XXXX my mortgage was transferred from Ocwen Mortgage to PHH Mortgage Services. I was in Chapter XXXX Bankruptcy from XX/XX/XXXX to XX/XX/XXXX. I was never late with any mortgage payments during or before the Chapter XXXX Bankruptcy period. However, soon after I came out of Bankruptcy, I received a phone call from Ocwen saying that my account was delinquent due to a missed mortgage payment during the bankruptcy period. I never received any written correspondence regarding this issue. Unfortunately, my bank records for the year and month in question had been lost requiring me to request the records from my bank at that time. On XX/XX/XXXX I received a letter stating that my XX/XX/XXXXpayment had not been received. Ocwen did receive my payment for XX/XX/XXXX but applied it to the missed payment. I called them and explained that I had not received my lost statements and needed some additional time. I did finally get the information I requested from my bank at the time and determined that I had missed a payment. I sent the missed payment in XX/XX/XXXX. I received a letter from Ocwen dated XX/XX/XXXX ( enclosed ) explaining why I was never notified of my missed payment from years ago. Also, I wanted an explanation as to why me credit report was showing me 30 days late for my payments of XX/XX/XXXXand XX/XX/XXXX. ( see attached Ocwen showing payments received on time ) I had missed one payment years ago and payed as expeditiously as possible upon notification and explanation. My credit score dropped over 60 points. - My first payment to PHH Mortgage was due on XX/XX/XXXX for {$2400.00} from which I was told I could deduct a suspense balance on my account for {$1300.00} ( see attached Ocwen payment document showing suspense balance amount ). I made the payment and called PHH Mortgage after they received the payment and explained the deduction. I was told that Ocwen had applied the suspense balance to my mortgage principal. I asked if the transaction could be changed and the suspense balance used to fulfill my XX/XX/XXXX mortgage obligation. The agent agreed to do so and said it would On XX/XX/XXXX I received a letter from PHH stating that I was behind on my payments, XX/XX/XXXX payment. I called and was told that the agent never requested that the suspense payment to be applied to my XX/XX/XXXXpayment. Since my payment was for less than the required amount, my XX/XX/XXXX payment did not meet the contractual amount so it would not be credited. My XX/XX/XXXX payment was credited to XX/XX/XXXX and I received another correspondence stating my account was passed do. I called again and spoke to another agent who assured me that my original request to apply my suspense balance of {$1300.00} would be completed. I spoke to my Case Manager, XXXX XXXX and after completing a review of all that transpired he said that he would make the request again and promised me it would be carried out. I also inquired as to the status of information I had requested on XX/XX/XXXX requesting the following : ( The documents I attached contain the figures detailed below ) XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX To : PHH Mortgage Services Re : Loan # XXXX disputing principal balance of {$330000.00} as of XX/XX/XXXX Facts : 1. Principal balance as of XX/XX/XXXX {$330000.00} 2. Letter dated XX/XX/XXXX Modification of Promissory Note A. Borrower made a prepayment of principal in the amount of {$5000.00} ( Recast see letter from Ocwen ) B. Unpaid principal balance of {$330000.00} C. Unpaid principal as of XX/XX/XXXX ( {$330000.00} - {$5000.00} ) = {$330000.00} difference of {$3000.00} see B 3. XX/XX/XXXX executed loan modification, new principal {$330000.00} I am requesting a statement showing all transactions and how the funds were applied to the loan principal balance from XX/XX/XXXX to XX/XX/XXXX. Anticipating a prompt response to my request. Thank you, XXXX XXXX I scheduled a call with Mr. XXXX for XX/XX/XXXX, Mr. XXXX never called, nor, have I yet to receive the information I requested in my registered letter which PHH Mortgage received on XX/XX/XXXX. I received another letter notifying dated XX/XX/XXXX that I still owed {$1200.00}. I am at a loss as to how to settle this matter and, also, get the information I requested and entitled to.
Company Response:
State: MA
Zip: 01701
Submitted Via: Web
Date Sent: 2019-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I mailed 7 payments in 4 different mailings over the last 3 months that never posted to my account, a total of {$11000.00}. PHH Mortgage Company became a new company or merged with XXXX XX/XX/19 during this time period. I have called daily for the last 2 weeks following up on their claim to be looking for the payments. I faxed the attached cashier check stubs.. They found one check of 2 payments and returned them a few days ago saying they will need all the payments to be together to bring the loan current. The other 5 payments whereabouts are 'being investigated ' but every day no progress. They sent me a 'Intent to Foreclose ' notice 2 weeks ago that alerted me to this problem. I can stop payment on the remaining checks and send them all in together, ( {$12000.00} ) but their failure to handle these checks according to their own policy has resulted in late fees that I should not have to pay since these payments were received and not posted.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NE
Zip: 681XX
Submitted Via: Web
Date Sent: 2019-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mortgage was sold to PPH from OCwen ( another story ). Apparently, my payment was increased by {$17.00} a month due to a shortage on my escrow account. No notice went to me, so I am making my normal payment. Well PPH holds my payment ( which is {$3400.00} ) and doesn't apply it until the next month when I make my payment again. So I have this rolling late of {$17.00}, then {$34.00}, then XXXX, etc ... I pulled my original note and no where on there does it say that I need to pay more than the principle and interest payment due {$2000.00}. So I don't even know if this is legal, to mark me late for a shortage on my escrow account, and reassess it, and not notice me .... According to the note, the principle and interest payment is to be applied first. Not sure where to go from here, but the escalation manager apparently owns the company since she said she did not have a manager
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 94526
Submitted Via: Web
Date Sent: 2019-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-08-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have had a mortgage on my current home since XXXX. My mortgage has been moved from company to company several times over this period. They have lost payments through the transitions and started foreclosure proceedings in the past. The last case is from XXXX. I won a ruling with my proof of payments and bank statements. OCWEN appealed and claimed my documentation was not valid and should have not been admitted. I filed a XXXX XXXX plan in XXXX and made payments for the last 3 years. OCWEN did not apply those payments correctly to my loan. I received documentation from them that my loan was being sold to another PHH company. I passed the information along to my XXXX lawyer. Then then refiled to get a new court date which is XX/XX/XXXX. I have attempted to re-finance my loan to get out from this mess, but I am not allowed to be approved since my mortgage is not being reported on my credit report. It has been reported as current for the last 2 years and stopped being reported in XXXX when it was moving to PHH. I now have a pending foreclosure court date of XX/XX/XXXX, and I have nor recourse to correct this. OCWEN and PHH refuse to talk or work with me on this issue. Neither can explain where the {$65000.00} in payments over the last 3 years have been applied. My principal balance is the same, my arrears balance seems to be the same. Please help me correct this.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: OH
Zip: 43065
Submitted Via: Web
Date Sent: 2019-08-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A