Date Received: 2024-01-10
Issue: Trouble during payment process
Subissue: Escrow, taxes, or insurance
Consumer Complaint: I Purchased a brand new home in XXXX from XXXX XXXX. I also XXXX at XXXXXXXX XXXX at the time I am a XXXX XXXX in the state of Florida I Purchased my home insurance through XXXX XXXX insurance in XXXX mortgage. They broke the policy out to XXXX, which is also called XXXX XXXX. I initially had my loan through XXXX XXXX who sold the loan to PHH mortgage. It is an FHA loan that requires all insurance and taxes be paid out of escrow at closing. I paid a year and a half of insurance as well as money was taken out for my monthly mortgage payment in XX/XX/XXXX it appears my mortgage company did not pay the full premium. It was short {$110.00}. XXXX XXXX says it was charging {$110.00} more for papers that I needed to sign that were not signed which would be impossible because I have a policy and went to closing. I never wouldve been able to close on the home if I hadnt sign for the policy, my closing was delayed and so according to the lady I spoke to they reissued me another policy with a different policy number, but did not explain to me. It was a whole different policy anyways, we wouldnt have been able to close without those signatures but we did when they found a mistake they added {$110.00} to the premium to compensate for that, according to them PHH mortgage did not pay the XXXX so they canceled my insurance policy. According to PHH they never received notification of the additional amount. When they called XXXX XXXX to find out why the policy hit last and try to make payment for the {$110.00} XXXX XXXX refused to accept the payment at that time. PHH needed to get their lawyers involved because this is a violation of RESPA. The law states that if mortgage company fails to pay escrow and the policy lapses or is expired it, is there a duty to call the insurance company and get the policy reinstated within 90 days. And the insurance company is supposed to reinstate the same policy within that 90 days, none of this happened instead they put the onus on me to purchase homeowners insurance that was twice three times the amount of my original policy. I called XXXX XXXX myself and they didnt mention any of the law and try to quote me a higher price as well. She asked if they could reinstated, and they said no, which was a lie and violation of RESPA. Whoevers fault it was whether it was the mortgage company or the insurance. They both are at fault because they did not follow the remedy. It is very clearly written. Neither company is returning my calls or taking this seriously and they are letting the 90 days go by. Also, the law states that if it was The mortgage companys fault for not paying the escrow, they are supposed to pay the additional amount for the next two years that my payment has gone up per month. I expect this to be enforced. sect 501.37 1 ) Every lender of money, whether a natural person or an artificial entity, whose loans are secured by a mortgage on real estate located within the state and who receives funds incidental thereto or in connection therewith for the payment of property taxes or hazard insurance premiums when the funds are held in escrow by or on behalf of the lender, shall promptly pay the taxes or insurance premiums when the taxes or premiums become due and adequate escrow funds are deposited, so that the maximum tax discount available may be obtained with regard to the taxable property and so that insurance coverage on the property does not lapse. ( 2 ) If an escrow account for the taxes or insurance premiums is deficient, the lender shall notify the property owner within 15 days after the lender receives the notification of taxes due from the county tax collector or receives the notification from the insurer that a premium is due. ( 3 ) ( a ) If the lender, as a result of neglect, fails to pay any tax or insurance premium when the tax or premium is due and there are sufficient escrow funds on deposit to pay the tax or premium, and if the property owner suffers a loss as a result of this failure, then the lender is liable for the loss ; except, however, that with respect to any loss which would otherwise have been insured, the extent of the liability shall not exceed the coverage limits of any insurance policy which has lapsed. ( b ) If the lender violates paragraph ( a ) and the premium payment is not more than 90 days overdue, the insurer shall reinstate the insurance policy, retroactive to the date of cancellation, and the lender shall reimburse the property owner for any penalty or fees imposed by the insurer and paid by the property owner for purposes of reinstating the policy. ( c ) If the lender violates paragraph ( a ) and the premium payment is more than 90 days overdue or if the insurer refuses to reinstate the insurance policy, the lender shall pay the difference between the cost of the previous insurance policy and a new, comparable insurance policy for a period of 2 years. If the lender refuses, the lender is liable for the reasonable attorneys fees and costs of the property owner for a violation of this section. ( 4 ) At the expiration of the annual accounting period, the lender shall issue to the property owner an annual statement of the escrow account.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33566
Submitted Via: Web
Date Sent: 2024-01-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-10
Issue: Trouble during payment process
Subissue: Loan sold or transferred to another company
Consumer Complaint: We purchased a mobile home in XXXX and financed it through Ocwen. Well, in XXXX, the mobile home burned ; we were having a lot of financial difficulties at the time and, therefore, only had a lender place insurance through Ocwen on the property. Well, the County in XXXX, GA, was telling us to clean up the property, or we would be fined $ XXXX, which we couldn't afford. We called the Ocwen insurance rep and tried to get them to come take a look for several weeks, which the insurance rep kept putting off. We finally called and told them we had to do something now, and the County wasn't having it. The insurance rep told us to go ahead and do what was necessary, and he would file the information on his end to let the company know ( insurance company ) and it would all be fine. Well, it wasn't fine ; the insurance company supposedly ( according to Ocwen ) refused to pay because they didn't get to look at the trailer. Then, before we even found out about the insurance denial, Ocwen sold our mortgage to another company, which has now done so, I think, 2 more times. Then we find out that Ocwen and the other companies that they sold our mortgage to are all within the same organization. Same building, same workers, etc. We were getting the runaround and shafted as they still want us to pay on a loan that we firmly believe has been paid off. They won't provide us with any documents to show that we ever gave permission for our mortgage to be sold. Also, we have since moved a house onto the property that is included in with the mortgage but the house we paid cash for and are remodeling the home. They are trying to claim that they will forclose on our home that we paid cash for since we moved in to that property and they claim legally they can. No one will go up against this company in GA because of the money they bring to GA but, GA government is as XXXX and XXXX as they come. It's like mob or something. Our Loan number is XXXX with XXXX PHH Mortgage. They are illegally stealing our money. We need help!!!! My phone number is XXXX and please leave a message.
Company Response:
State: GA
Zip: 30736
Submitted Via: Web
Date Sent: 2024-01-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-10
Issue: Trouble during payment process
Subissue: Private mortgage insurance (PMI)
Consumer Complaint: I bought my home with 15 % down. I paid additional principal payments to get to 22 % equity at 38 months after closing. I contacted my lender, PHH to remove the PMI requirement PHH refused to remove PMI and offered the following : I could pay them a fee to " re-appraise '' my house and then they might remove PMI at their discretion. The explanation given that the investors didn't want to. When I pointed out there is zero incentive for investors to remove PMI ever and maybe we should follow the federal threshold instead my request was still rebuffed. I do not know if I should pay them the fee and hope they do the correct thing or just continue to pay the unneeded PMI
Company Response:
State: CA
Zip: 954XX
Submitted Via: Web
Date Sent: 2024-01-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-10
Issue: Struggling to pay mortgage
Subissue: Trying to communicate with the company to fix an issue related to modification, forbe
Consumer Complaint: PHH returned a payment of {$2500.00} I made on XX/XX/XXXX and I just made another one for {$1000.00} They are an evil criminal organization and impossible to work with. I can bring the account current by XXXX and am acting in good faith PHH is not. There is a pending class action lawsuit against them which I intend to join. The state of PA got them for XXXX XXXX for improperly servicing loans
Company Response:
State: CA
Zip: 90601
Submitted Via: Web
Date Sent: 2024-01-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-09
Issue: Trouble during payment process
Subissue: Paying off the loan
Consumer Complaint: I requested a payoff via email. Although the company responded, they did not provide a payoff quote and they also asked me to provide a payoff good through date. My objection is the the fee they are proposing to charge which is noted as up to {$30.00} for a payoff quote in the pasted statement below. I don't feel that I should pay a payoff quote fee to a mortgage company that is in the business of servicing my mortgage. Please forward this to your leadership and make them aware of this onerous fee. Congress should not allow mortgage companies to charge consumers such high fees to provide something that likely takes 1 push of a button. ________________ From NEWREZ Mortgage _____________________________ Furthermore, if you wish to obtain the payoff statement, we can generate it for you if you provide the following information : 1. Payoff good through date 2. Whether you want the payoff statement mailed or faxed to you. Note : The good through date must be within the next 30 days. Alternatively, you may order it by any of the following options : Option 1. You may call the customer service number listed below and place a request for a payoff quote via IVR. Option 2. You may email us to request a payoff quote at XXXX. Option 3. You may also fax a written payoff quote request through our fax XXXX XXXX XXXX XXXX. Upon receipt of your request, a payoff statement will be faxed or mailed to you within 4 business days depending on your account product and status. You may be assessed a {$30.00} Payoff Quote Fee/ Demand Fee ( as permitted by state laws ). For your protection, we have removed any personally identifiable information from your original inquiry. If you have any further questions, please contact us through our website at XXXX or call Customer Care at ( XXXX ) XXXX during the following hours : Monday to Friday : XXXX XXXX XXXX XXXX XXXX ET Saturday : XXXX XXXX XXXX XXXX XXXX ET NewRez XXXX XXXX Mortgage Services , LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX
Company Response:
State: VA
Zip: 22201
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-07
Issue: Trouble during payment process
Subissue: Paying off the loan
Consumer Complaint: Greetings, On XX/XX/XXXX, PHH, sent written correspondence regarding my efforts of discharging the debt. Please see attachments below. ( TILA/RESPA requests ). The rules of engagement are simple, reasonable, lawful, and legal ( written in the affidavit ) : 1. I require the following answers to my reasonable questions and all answers must be answered according to the following requirements : i ) Your answers must be in accord with TILA ii ) Your answers must be truthful under oath under penalty of perjury iii ) Your answers must be with a wet-ink signature and title of the representative iv ) Your answers must be sent with delivery confirmation v ) Your answers must be in plain, easy to understand language with a definition of all words used in your answers vi ) Your answers will be reviewed by my attorney vii ) I require your answers within ten ( 10 ) days of your reception of this inquiry viii ) Send your response to me with delivery confirmation Also see FAS 140 ( detailed ) attached. FAS 140 was created to govern the sale and securitization of a negotiable instrument. Im afraid theirs been security fraud somewhere along the lines of my mortgage and Im seeking to satisfy what is legally expressed as a debt. From the permanent conversion executed, Im simply seeking whats fair by law. PHH continues to send me the Adjustable Rate Note, when Im clearly requesting the ORIGINAL Promissory Note. Which to my knowledge doesnt exist any longer, its been sold as stated in correspondence to PHH from XXXX XXXX XXXX XXXX XX/XX/XXXX. XXXX. This is a form of double dipping security fraud. I now am seeking PHH to show their standing on the matter, and will seek all punitive damages from this unfortunate series of events. According To RESPA laws, theres a {$2000.00} to {$4000.00} penalty per violation. Ive been very loyal, integral and hard working, just to come to the understanding I have been taken advantage of. Ive taken the liberty to file a 1099a copy B ( Copy C is for my records ) which is attached as well for PHH to acknowledge. I will be certify mailing a new endorsement accepted for value, due to the last correspondence it was expressed PHH ( servicing company ) does not accept payments unless written in the original note, yet there is NO original note. Lets please work together! Thanks XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX
Company Response:
State: FL
Zip: 33463
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-06
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: In Good Faith, it is the intention of the creator of this complaint to place this account into a Billing Error Status pursuant to the legal authority 12 CFR 1026.13 as the presentment ( statement ) issued to me used fraudulent, fictitious, and deceptive language to defraud and confuse me violating 18 U.S. Code 1001.
Company Response:
State: FL
Zip: 32771
Submitted Via: Web
Date Sent: 2024-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-05
Issue: Trouble during payment process
Subissue: Escrow, taxes, or insurance
Consumer Complaint: My wife and I purchased our home with approximately 25 % down in XXXX of XXXX and took out a loan through a different company ( not PHH ). We were told it was common for first time homebuyers to use an escrow account to manage the payment of the insurance and property taxes, so we agreed to the escrow account. In XXXX of XXXX, we were informed that our mortgage was being transferred to PHH. PHH sent us a welcome video and package and we were told that the escrow account would still be used for our insurance and property taxes. We have experienced mismanagement of the escrow account for the past year. PHH has : 1 ) Incorrectly calculated the taxes we needed to pay, causing us to pay from our own pocket and leading to several unnecessary escrow advances. 2 ) Not paid our taxes in full or in a timely manner, causing us to pay from our own pocket and potentially leading to a late penalty of {$16.00}. 3 ) Lost one of our tax payments, causing us to be out {$800.00}. 4 ) Not paid our insurance bill on time, causing us to be without homeowners insurance for a week and a half. 5 ) Neglected to communicate adequately with us, our insurance company, or XXXX XXXX finance office. Our insurance was due to XXXX on XX/XX/XXXX. XXXX XXXX allows payment of property taxes twice a year, once by XX/XX/XXXX and once by XX/XX/XXXX. We received our property tax bill on XX/XX/XXXX and saw that we owed {$2300.00} by XX/XX/XXXX and {$2300.00} by XX/XX/XXXX. As the XXXX deadline approached, we checked the PHH portal and found that they had scheduled a payment of {$800.00} from escrow on XX/XX/XXXX. That was not enough to pay the full amount of our tax bill. We called PHH on XX/XX/XXXX to determine why they had not paid the correct amount for our taxes. They suggested that they had the wrong property ID and suggested that we send the tax bill to them through email. When we asked if they would pay the correct balance on time, they said it would take XXXX to XXXX business days to pay the correct amount, which would have been past the due date. We paid the remainder of the tax bill, {$1500.00} out of our own pockets to cover the remaining balance of the bill on XX/XX/XXXX. We thought our taxes for XXXX had been paid, but XXXX XXXX finance office said they did not receive the {$800.00} payment made by PHH from our escrow account. On XX/XX/XXXX, PHH made another {$800.00} payment from escrow. This was received by XXXX XXXX finance office on XX/XX/XXXX along with a payment of {$16.00} that appears to have come from our mortgage payment and not our escrow account. The {$16.00} payment is labeled as a late fee/penalty and is listed as paid on XX/XX/XXXX, one day after it was received by XXXX XXXX finance office. No other information was ever provided about this late fee/penalty. On XX/XX/XXXX, PHH disbursed {$2100.00} from the escrow account back to us before paying the remaining tax bill, causing our escrow account to go into the red and requiring an escrow advance once the tax bill was paid. On XX/XX/XXXX, PHH scheduled another payment of {$2300.00} to pay the remainder of the tax bill due on XX/XX/XXXX. This caused our escrow account to go negative and required an escrow advance. At this point, our escrow account was at {$0.00} and the insurance had still not been paid. The miscalculation of our tax bill combined with us paying {$1500.00} out of our own pockets on XX/XX/XXXX, has resulted in an overpayment of our taxes by {$8.00}. The missing {$800.00} payment made on XX/XX/XXXX, is in the process of being repaid. PHH told me on XX/XX/XXXX, that it was missing due to having the incorrect property ID. I called PHH on XX/XX/XXXX and XX/XX/XXXX and spoke with XXXX ( employee number XXXX ) about the miscalculation and untimely payment of our taxes and requested to have the escrow account closed. He told me that they use a third-party company to try to calculate our property taxes and that the other company must have made a mistake on how much we owed. He also told me that they did not have the correct property ID again, despite us sending the property tax bill in XXXX, which contains the property ID. XXXX also told me I would have to wait until XXXX to submit a request to close the escrow account and it would take XXXX to XXXX business days to process the request. I asked XXXX if there would be trouble paying the insurance bill at the end of XXXX from our escrow account since it was now empty due to the disbursement and incorrect tax payment calculation. XXXX assured me that the insurance bill would be paid, it would just require another escrow advance. I noticed that there was a scheduled payment of approximately {$1000.00} for our insurance bill pending on the portal, so I assumed that the insurance would be paid. We later noticed on XX/XX/XXXX that the scheduled payment had disappeared from the portal. On XX/XX/XXXX, we noticed that our insurance had not been paid from our escrow account. I called PHH on XX/XX/XXXX and talked to XXXX ( XXXX XXXX XXXX ) who connected me with XXXX ( I missed her employee number ) in the insurance department. I was told by XXXX that they had been unable to contact XXXX insurance since XX/XX/XXXX, so XXXX insurance did not know the mortgage had been transferred to PHH. The bill I received from XXXX insurance supported this, as it was made out to XXXX XXXX XXXX. I asked whose responsibility it was to alert XXXX insurance that PHH would be paying from the escrow account and XXXX told me it was PHHs responsibility. I later spoke with XXXX XXXX and XXXX from XXXX on XX/XX/XXXX, who were able to overnight the full amount of the bill to XXXX by XX/XX/XXXX, with an expected date of processing the check and resuming coverage on XX/XX/XXXX or XXXX, XXXX. I have tracked the overnight check, and it was received by XXXX at XXXX XXXX on Friday, XX/XX/XXXX. XXXX stated that they regularly have difficulty contacting XXXX insurance and that they had tried to contact them in XXXX and again in XXXX and XXXX. She said that it was my responsibility to inform XXXX insurance of the change in my mortgage provider and escrow account and that they had tried to contact me about it on XX/XX/XXXX, by phone and mail. I never received a phone call from PHH on XX/XX/XXXX, and I was traveling during the holidays and unable to receive mail. I will also note again that the due date for renewing insurance coverage was XX/XX/XXXX. Rather than contacting me about the inability to reach my insurance company at any time since XXXX, PHH waited until two days before the due date for the bill.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 216XX
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-05
Issue: Struggling to pay mortgage
Subissue: Foreclosure
Consumer Complaint: On XX/XX/ I filed a complaint with CFPB regarding my mortgage servicer, PHH Mortgage Services. CFPB reached out to PHH via an Ombudsman who was able to secure a repayment plan for me on XX/XX/XXXXXXXX XXXX My PHH Relationship Manager made it clear that CFPB was the reason my account was reviewed and approved for a repayment plan. I was offered a 50 % repayment on the balance due. Before they would confirm the repayment plan, PHH requested financial information including Profit & Loss statements, bank statements, social security statement and other income which I provided. I was assured that after they received this information, they would proceed with the repayment plan offer. Without telling me, they started foreclosure proceedings on XX/XX/XXXX, two days after the offer of a repayment plan was made. They did not notify me of their decision to proceed with foreclosure and they now demand a complete 100 % reinstatement of my arrears. PHH did not act in good faith after they replied to my complaint to CFPB. I have the funds for a 50 % repayment immediately as well as proof that my income has recovered and is more than adequate to continue making mortgage payments on time and in full as they demand. Because they did not notify me of the foreclosure, I want to reinstate the repayment plan with the private investor. Only CFPB was able to reach the private investor on my behalf. PHH will not disclose the identity of the private investor to me. It is unlikely that he changed his mind in 48 hours and more likely that PHH decided to foreclose on my house because of its increased value. This is not a repeat complaint but a new complaint based on false information that was supplied to me after PHH reviewed my CFPB complaint. I want to go forward with their offer. I am willing and able to go forward with the repayment plan immediately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 20817
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-05
Issue: Struggling to pay mortgage
Subissue: Applying for or obtaining a modification, forbearance plan, short sale, or deed-in-li
Consumer Complaint: WE were denied mortgage assistance / loan modification.
Company Response:
State: TX
Zip: 75028
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A