Date Received: 2023-05-11
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: In accordance with the Fair Credit Reporting act Phh Mortgage Acct # XXXX, has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1666b A Creditor May not treat a payment on a mortgage account under an open end consumer credit plan as late for any reason
Company Response:
State: FL
Zip: 32246
Submitted Via: Web
Date Sent: 2023-05-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-10
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: The XXXX XXXX XXXX XXXX and XXXX violated FDCPA rules 1692g and 1692e. They are attempting to enforce a debt that expired years ago by consenting to resume enforcement on a fraudulent claim. They provided false information as to whom they are representing. The Foreclosure Abuse Prevention Act signed XX/XX/XXXX was made effective immediately in all pending actions where Judgment of Foreclosure and Sale has not been enforced. Pursuant to the new amendment in law CPLR 205-a this creditor can not lawfully proceed with collection on this debt but chooses to do so anyway. Additionally his client is an assignee and this creditor failed to comply with the Certificate of Merit to confirm this debt is valid. This action started in XXXX and dismissed in XXXX pursuant to CPLR 3216 - Failure to Prosecute. They refused to comply with the XXXX of XXXX. I can no longer trust the courts. They allowed a Shadow Docket Case by the XXXX firm to be restored and when I tried to appeal the paperwork went missing on that entire motion. Please read the rest of my statement as attached.
Company Response:
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-05-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I lived in the home at XXXX XXXX XXXX, XXXX, OH XXXX. I was given an additional 30 days to be out of the garage of my old home.
Company Response:
State: OH
Zip: 45251
Submitted Via: Web
Date Sent: 2023-07-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I was charged for forced place insurance and property taxes of {$7000.00}, which went into default and then foreclosure. I had already paid the insurance and taxes they finally acknowledged ; however, PHH received {$8200.00} from the XXXX relief fund. Yet they refuse to issue me a refund. I paid my insurance and taxes ; they state that XXXX paid it then XXXX relief was also paid ; then how do I get assistance? Because of my age, I can't get assistance from the company. XXXX XXXX PHH Servicing
Company Response:
State: CA
Zip: 92113
Submitted Via: Web
Date Sent: 2023-05-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Mortgage transferred to PHH Mortgage several years ago XXXX. All had been fine until XXXX of which caused us to fall behind on payments. After a trial modification, we were offered a loan modification of which we did not agree to the terms. Now, we have a mess. We were approved for a refinance with a different mortgage co. until PHH sent payoff statement showing an interest amount owed which resulted in our payoff being approximately {$110000.00} XX/XX/XXXX and our beginning balance years ago was {$110000.00}. I disputed this payoff amount. PHH is showing on our statements, an interest bearing balance and also a non-interest bearing balance. We were told our payments deferred would be added to the end of the loan, causing us to show current. We are not showing current on PHH statements, but our credit reflects current. When we call out of concern, they assure us all is fine and not to worry. We've requested a transaction history of our entire account multiple times & received but it is so confusing and doesn't involve simple bookkeeping as I was taught and have done for a living daily all of my working career. We can only access history from XX/XX/XXXX forward online. However, when I called on XX/XX/XXXX, I was told a transaction history from XXXX would be mailed to my address. We are being verbally told one thing, our statements reflect different and our credit reporting reflects different & our online account shows different. We want away from PHH Mortgage as it's obvious we will never get our home paid for at this rate. We have sent a payment but they returned it stating they had to in order for us to qualify for assistance. We would receive letters stating we were current & no payment due for 3 months. This is a nightmare which has caused me much distress and XXXX to the point of a XXXX XXXX case. We never speak with the same person, never told the same thing and always assures us all is fine with our loan. This scares us because I can't prove verbal statements & their paper statements say different from what they say verbally. We feel victims of PHH Mortgage & held hostage from successfully moving to a different mortgage co. who would allow us to accomplish paying our mortgage off within a timely manner. We've had nothing but problems out of them and would like you to investigate our account to rule out any illegal charges added to our account & to make sure they handled posting our payments correctly. It's hard to send someone a payment when they send it back for no reason other than to qualify us for financial assistance. We are frustrated and feel this is a nightmare never ending. Please help us get away from this company. Thank you!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MS
Zip: 386XX
Submitted Via: Web
Date Sent: 2023-05-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I got XXXX XXXX and the needed to take time to attempt to recover so I could at least hopefully gain enough strength to walk XXXX XXXX again and return to work enough to meet my obligations. I called PHH, and asked for assistance at the suggestion of their support agent. We were put in a forbearance for 90 days. During this and subsequent calls, I was told that these 90 days of payments would be put at the end of the loan, and not to worry. However, at the end of this 90-day forbearance, to my complete dismay, they refused to put these at the end of the loan and additionally refused to take any more payments from me, putting me into foreclosure. For nearly a year now I've been trying to pay this balance or get payment arrangements set up, but each time I get the same runaround and then denied any assistance and threatened with foreclosure and am put another month behind. Had I never called and asked for assistance, I would never be in this position. It has become very apparent that PHH Mortgage has no intention of helping me or my family, and makes a habit of taking advantage of hardworking citizens. All I have been asking for is a loan modification, or other assistance in putting my 90 days of payments on the end of the loan as I was promised. ( or anything else that could potentially help me while I navigate this terrible illness. The reason I reached out for help to begin with is because I have a XXXX XXXX XXXX and am not only a full time single dad, but I also care for my elderly and XXXX mother. So now it's not bad enough for me to have to face each day knowing I am going to die soon and leave my child and mother, but now I also have to worry that myself and those I leave behind are going to be out in the streets and homeless and my life 's earnings which have went into our home and property, are now at risk of leaving my surviving family members completely penniless as a result of PHH 's deception. We have been in our home for almost 20 years and farm it to feed ourselves and can not fathom how heartless their company can be to someone who is XXXX XXXX and to my family, to add the prospect and fear of foreclosure on the only thing of real value we have so that we must live daily with this threat despite spending nearly a year trying to resolve this, including 8? attempts at loan modification. I also know that I am just one of many, many people who have been victimized by their tactics. Had I never even called them, and been coerced into the forbearance, and lied to, myself and my family would not even be in this situation. They have used the forbearance as a weapon against us and attempted to destroy us financially with this, and threatened to put us out on the streets, depriving us of our home and equity, 20 years of equity we have accumulated in our property, and they wish to take this and benefit by means of foreclosure. The property and it's equity is the only thing I have to leave my child and mother upon my passing to take care of them and their dishonesty and lack of care is jeopardizing that now. I wasn't behind on my payments when I called and asked if assistance was available. They knowingly coerced me into something they knew would potentially jeopardize my home, my credit and my equity. I am now working 12 hours a day with my daughter to earn this money back and am not supposed to be working only but a few hours a day if that. Doing so is shortening my expected lifespan in a very dramatic way coupled with the fact that every XXXX I earn is going to pay them, when ultimately it should be going into medical treatments and XXXX to help extend my life. I guess if it were me, and one of my customers came to me with the same problem, I would do every thing I could to assist them and to make it as affordable as possible by either reducing the principal, reducing the interest rate, spreading out the loan, or all of the above, whatever I could do I would ... .as this is the ethical thing to do. All I have been asking for, for the past several months ( going on a year ) is the ability to send my payments and not have them returned and for perhaps, a repayment plan or other arrangement that is affordable. Between my daughter and I, we have saved a little over {$10000.00} to pay this balance ( by forgoing my much needed medical treatments and XXXX ) and all I was requesting was help with the remaining {$5900.00} by either putting to the back of the loan as promised or by giving us a formal repayment plan, but I can't even get that. Also, PHH currently holds an excess {$500.00} dollars of a payment I made, which they refuse to apply to our account. The severe stress from this completely unnecessary situation has not only worsened my condition, it has caused further trauma, fear and worry for my family, all unnecessarily, and all due to no fault of our own. They have a ludicrous amount of nerve to use the motto " helping homeowners '' when they have, and continue to do the exact opposite of helping us, going so far as to take advantage of my situation and desperation to deliberately destroy us financially and risk having our home taken during the time when we need it most. This situation is by far the most evil thing that I've ever experienced in my XXXX XXXX. I can not describe the amount of stress, fear and frustration we have all felt as a result. Perhaps they can use this opportunity to prove that they mean what the say when they use the motto of " helping homeowners ''. Especially when one of their homeowners has an immediate, urgent, and legitimate need. Up until XXXX shut us down, made us ill and likely caused my XXXX XXXX, I don't believe that I was ever late or missed a payment in the previous 15 years. Again, I ask you to look at our situation again and consider helping us in any way possible while we try to navigate this horrible place we find ourselves in. Sincerely, XXXX XXXX and XXXX ( XXXX ) XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: ID
Zip: 83634
Submitted Via: Web
Date Sent: 2023-05-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: The Current issues and concern I have are : XXXX. PHHs failure to properly service the account and ; process and apply payments in the total of XXXX made to PHH on XX/XX/XXXX For the reinstatement of the mortgage and escrow account. 2. That as of XX/XX/XXXX PHH has stopped properly servicing the mortgage account due to the fact despite my repeated request for an accurate copy of the monthly mortgage statement. On XX/XX/XXXX, XXXX XXXX Consumer Account Analyst of PHH informed Texas Department of Savings and Mortgage Lending : a reinstatement of {$17000.00} was provided, were applied to satisfy past due payments, {$2500.00} was posted to cure the escrow shortage, and {$380.00} posted as an additional principal payment. On XX/XX/XXXX, XXXX XXXX informed Texas Department of Savings and Mortgage Lending : ..the HAF request included the escrow shortage. The escrow shortage is not determined by the appraisal district, rather it is the amount lacking in the escrow account which would result in a payment increase. The funds received were posted correctly The records of XXXX XXXX XXXX XXXX I presented to Savings and Mortgage Lending Is to show that prior to the payment made on the XXXX of XXXX there were no shortages in escrow. The mortgage statement dated XX/XX/XXXX not only reflects the total amount due for past payments but also, the amount in escrow which may result in a escrow shortage and/or payment increase. After the reinstatement of mortgage, no records support PHH claims of : 1. A lack, or shortage in the escrow account that would result for an extra XXXX cushion. 2. An increase of the mortgage payment in the amount of {$1500.00}. 3. A account balance due for the XX/XX/XXXX. XXXX XXXX also stated On XX/XX/XXXX, .PHH does not determine the assistance available or how to apply it. PHH applies the funds it receives from HAF according to HAFs instructions and these instructions we followed when PHH applied {$17000.00} to this account. Tx Haf provided me with the instructions and guidelines regarding their mortgage Reinstatement Program. [ See attachment Enclosed. ] A reinstatement program is, by definition, to cure delinquency. Since the reinstatement of mortgage, PHH has failed to Fully comply with Tx Haf program and has stopped properly servicing the mortgage account. enclosed documentation : 1. my compliant to Texas Department of Savings and Mortgage Lending. 2. Information showing : the balance outstanding balance prior to the {$17000.00} payment [ see statement dated XX/XX/XXXX ]. 3. Information showing there was NO escrow deficiency or shortage prior to the reinstatement of mortgage [ see XXXX XXXX XXXX XXXX receipt and statement ]. 4.Information showing : the original fixed mortgage payment of XXXX [ see statement dated XX/XX/XXXX ] 5.Information showing : PHH are providing me inaccurate monthly mortgage statements [ see mortgage statements dated XX/XX/XXXX and XX/XX/XXXX ]. 6.PHH correspondence submitted through Texas Department of Savings and Mortgage Lending.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2023-05-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am qualified as the non-borrowing spouse on a HECM. My husband died XX/XX/XXXX. XX/XX/XXXX I submitted a letter of intent to remain in my house to PHH Mortgage. I have continued to call biweekly and sometimes twice a week to get a resolution on this request. Continually I am told, " It is in review ''. I have asked to speak to a supervisor and I am told " one is not available '' over and over again. On XX/XX/XXXX I received a letter from PHH Mortgage requesting documents. Many of the documents had already been submitted. All documents PHH has asked for have been submitted to them. Foreclosure notices began coming in the mail. Since I can not get a status update from PHH I panicked and I have applied for a payoff to avoid losing all the equity in my home. The last letter I received said my home will go into foreclosure XX/XX/XXXX. This does not give me enough time to properly get my home ready to show and sell. It takes several days to receive the payoff so by then I am really close to XX/XX/XXXX - 3 business days. This has created so much undue stress on top of losing my husband. PHH 's unwillingness to help is unforgiveable. Making me wait 7 months is absurd.
Company Response:
State: TN
Zip: 37421
Submitted Via: Web
Date Sent: 2023-05-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: 18 months ago I've asked PHH mortgage to remove my PMI because the house value has increased. I paid a $ XXXX appraisal fee back in XXXX XXXX XXXX and that house never got appraised. I've tried many times to get the issue resolved and I'm constantly getting the run around. Their monthly update to me is that there's no changes from the PMI department. If they got my property appraise back in 2021 I wouldn't have to pay my PMI for the last 18 months. At the moment, I have no confidence in their escalation team. I need this issue resolved and my appraisal fee refunded.
Company Response:
State: TN
Zip: 37343
Submitted Via: Web
Date Sent: 2023-05-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-05-05
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: PHH mortgage has put my past due amount on my mortgage ( due to covid 19 loss of businesses ) of $ XXXX to a Balloon payment at end of my mortgage without my consent after delaying for 9 to now 16 months working with and rufusing the XXXX ( HAF ) money in every way possible of whom is willing to pay in full. XXXX has tried to pay even sending a check of which PHH never cashed. PHH Told me they even were unjustified to do so missing proper signed papers and would reverse it but now refuses to after more delays, lack of communication and misinformation as well as changing my representative.
Company Response:
State: VA
Zip: 23112
Submitted Via: Web
Date Sent: 2023-05-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A