Date Received: 2023-04-05
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: I have serval emails stating that the loan have been paid off since 2014 with Ocwen they said it was sent to XXXX but XXXX says it was sent back to Ocwen because it was paid off now both of them just been sending me back and forth with no help besides emails saying that its paid off. I was also into with XXXXXXXX XXXX saying its payed off but they never received the lien release either and I need to talk to them Ocwen and XXXX. I also have a ledger from 2014 when I was trying as well and Im just not getting anywhere.
Company Response:
State: MI
Zip: 48221
Submitted Via: Web
Date Sent: 2023-04-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-05
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XXXX XXXX C/O PHH Mortgage Services XXXX XXXX XXXX XXXX XXXX XXXX Fl XXXX Tel XXXX Fax XXXX These companies & all their associates & all affiliates have repeatedly & knowingly ignored the incorrect balance on the mortgage, misappropriated escrow funds. Executed & enforced clear fraudulent mortgage loan documents with balloons of XXXX and another for XXXX, and another XXXX on a mortgage loan of XXXX in 2005. This is and has been grossly ignored and continues to use this fraudulent & forged & unsigned documents to fill their corrupt pockets. They continue to use different addresses, report negative pay history in the past.
Company Response:
State: NC
Zip: 273XX
Submitted Via: Web
Date Sent: 2023-05-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-03
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have an ongoing problem with our mortgage company XXXX ( XXXX XXXX which has been going on since XXXX. I had filed a XXXX XXXX in XXXX of XXXX which ended in XXXX XXXX. At the end of my XXXX XXXX XXXX / XXXX had merged and informed my attorney I needed to pay them another XXXX. Or my XXXX XXXX would not be closed. I had taken money from my tsp and paid the amount they stated I needed to pay to finalize my XXXX XXXX. Since my XXXX XXXXXXXX has ended they have reported to the credit reporting agencies that I have been late/ behind on my mortgage with them for the past 4 years. They had applied my monies to my escrow account instead of mtg. I have called them numerous times about this over these years trying to get this resolved with no success. I send my payment every month certified so I know when they receive my payment and they are not late. They have falsely reported this to the the credit agencies therefore affecting my credit. I have an ARM mtg which they have now moved up to XXXX XXXX.
Company Response:
State: WI
Zip: 53219
Submitted Via: Web
Date Sent: 2023-04-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-03
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I was approved to receive financial assistance thru the HAF program homeowners assistance. PHH mortgage has refused to accept payments issued beginning in XXXX. I was NEVER advised that no mortgage payments were issued. As of XXXX PHH received a check from the state and refused it and did not accept it and and turn back. They nEVER informed me sent any correspondence and payments Bot recieved. I was not made aware until I received notification from credit agencies
Company Response:
State: FL
Zip: 32257
Submitted Via: Web
Date Sent: 2023-04-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-03
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My home loan with XXXX XXXX/PHH Mortgage Services was illegally and wrongfully foreclosed XX/XX/XXXX. I affirm that my home was wrongfully foreclosed because I was under the terms of a trial modification plan and had executed all payments as outlined in the agreement, within a timely manner. However, XXXX XXXXXXXXPHH Mortgage Services acted illegally and in bad faith, contrary to the trial modification plan XXXX XXXXPHH Mortgage Services issued when they dual-tracked my loan and foreclosed on my home. My trial modification plan which was accepted and sent back to the lender XX/XX/XXXX outlines I was instructed to make three payments of {$490.00} for XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. Per the plans agreement I executed my payments in each month via wire transfer. I have each month 's receipt that prove my payment were credited to " PHH Mortgage '' for each month of the trial payment. When I discovered my home had been foreclosed and sold in XX/XX/XXXX, I was still under the terms of XXXX XXXXXXXXPHH Mortgage Services ' trial modification plan, so I understand that the lender, XXXX XXXXPHH Mortgage Services was improperly dual-tracking my loan and made the error to not notify their Foreclosure Department to halt the sale of my home while a loan modification was in effect. My home has been sold to a third party now, but I want XXXX XXXXXXXX PHH Mortgage Services to rescind my foreclosure and restore my loan to the point where I should have been in loss mitigation. Additionally, XXXX XXXX PHH Mortgage Services should inform the third-party purchaser of my home that there was an invalid sale transaction due to a wrongful and illegal foreclosure.
Company Response:
State: GA
Zip: 31204
Submitted Via: Web
Date Sent: 2023-04-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-31
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Had storm damage to my home. My insurance company- ( XXXX XXXX issued a check for {$16000.00} to myself and my mortgage company ( PHH ) I endorsed the check and forwarded it to PHH XXXX XXXX sent me a copy of the check # XXXX showing it was deposited to a PHH account XXXX XXXXXXXX XXXX XXXX XXXX on XX/XX/2022. I have contacted the lost draft department of PHH and have been assisted XXXX XXXX she advised she had sent a request to corporate for research but no reply has been forthcoming. I have a contractor waiting for payment so he can order materials to begin repairs.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-03-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-30
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have explained to that Ocwen Financial Corporation has violated my rights and the issues in the disputes I have sent them have not fixed or resolved the issues. I have sent a CFPB complaint on XX/XX/2023, I also sent a Notice of Dispute, Affidavit of Truth, as well as a Cease and Desist ( see in attachments I also have all green return receipts back from them confirming they received my documents ). XXXX XXXX and Ocwen Financial Corporation have continued to send me bills about this alleged debt which is also a violation but also have failed in every way to provide me any documentation about this matter. Everything has been very unclear and very deceptive, this company continues to run a risk on my life and consumer report. I will attach all of the documentation to show I have tried to resolve this issue, but nothing is being done. Ocwen has not provided a single documentation regarding my request in my disputes. Further more, I have now sent my XXXX notice of dispute, Cease & Desist, & an AOT on XX/XX/2023 ( I also have all green return receipts back from them confirming they received my documents ). They have not fixed this alleged debt arising on my consumer report or return a If company does not comply they will be in big legal trouble. After reasonable inquiry I have concluded that Ocwen Financial Corporation is in breach of the alleged agreement. The following facts support my position in this matter : XXXX. Ocwen Financial Corporation failed to disclose to the alleged consumer Ocwen Financial Corporation ( hereinafter consumer ) that Ocwen Financial Corporation used consumers note, capital, funds, money or money equivalent to fund a note, check or similar instrument that was used to fund the charges on the alleged account, whereby Ocwen Financial Corporation did not perform under the agreement and risked nothing of value. XXXX. Ocwen Financial Corporation has not used any of their own capital, funds, money or money equivalents to pay for any charges on the alleged account. XXXX. Ocwen Financial Corporation received something-for-nothing by using the consumers note ( s ) to fund charges to the Mortgage account while retaining payments from the consumer. XXXX. So, a breach occurred due to the fact that Ocwen Financial Corporation failed to disclose the above information in their Mortgage Agreement prior to soliciting applicant to become bound by it. XXXX. Due to the breach, and lack of disclosure, Ocwen Financial Corporation has, directly or indirectly, used false, deceptive, or misleading representations or means, in violation of Regulation Z the Truth in Lending Act and Section 807 of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud. XXXX. Due to the securitization of the initial outstanding balances of the alleged account, Ocwen Financial Corporation is not a holder in due course, and therefore can not have incurred a loss or make a valid claim. XXXX. When accounts are 90 days or more overdue, Ocwen Financial Corporation receives a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. I want to receive absolute assurance from Ocwen Financial Corporation that they did not breach the agreement. In order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand GAAP, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures. In addition please furnish me with the following information : XXXX. A complete statement of Damages, including each and every loss that Ocwen Financial Corporation incurred under the alleged agreement. XXXX. A copy of any insurance claim having been made by Ocwen Financial Corporation regarding this account. XXXX. A front and back, true and correct copy of the alleged signed agreement bearing my signature ( full & complete disclosure ), and a detailed copy of the alleged account. XXXX. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website. XXXX. The name, address and telephone number of Ocwen Financial Corporations CPA auditor. XXXX. Verification if this debt has been assigned or sold to a debt collector. XXXX. If this debt has been assigned to a debt collector, please provide the commission amount if collection efforts are successful. XXXX. If this debt has been sold to a debt collector, please provide the price for which it was sold. If you can not verify and validate this debt by the above listed means, then what right do you have, under the Fair Debt Collection Practices Act 15 USC 1692, to even send me a letter or an account statement? Are you committing mail fraud, bank fraud, aggravated identity theft, conspiracy, conspiracy against rights and deprivation of rights under color of law? It would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : " a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified. The can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA. You are required by federal law to furnish the credit bureaus with the required disclosure by placing a notice of dispute on my account within ( 30 ) days after receiving this dispute letter. I am maintaining a careful record of dates as well as time-stamped copies of my credit reports, which will show that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) [ 15 USC 1681s-2 ] if you do not place the disclosure within the required ( 30 ) day period. THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR THE ATTACHED AFFIDAVIT AND PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT. Notice to the Principal is Notice to the Agent, and Notice to the Agent is Notice to the Principal.
Company Response:
State: IL
Zip: 61244
Submitted Via: Web
Date Sent: 2023-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-02
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have already submitted a separate complaint with the CFPB against my current mortgage service provider, XXXX XXXX XXXX XXXX XXXX XXXX My loan was transferred to XXXX XXXX XXXX from PHH Mortgage on XX/XX/XXXX. I was approved for HAF via Mortgage Assistance Alabama on XX/XX/XXXX. Mortgage Assistance Alabama ( MAA ) has paid PHH Mortgage : {$4900.00} Processed on XXXX ; {$1000.00} Processed on XXXX ; {$1000.00} Processed on XXXX ; {$1000.00} Processed on XXXX. To date, XXXX XXXX XXXX XXXX XXXX XXXX has not stated, confirmed, or corrected errors regarding receiving and/or being forwarded payments up to the total amount of {$8000.00} that was sent to PHH Mortgage from Mortgage Assistance Alabama ( MAA ) on my behalf. PHH mortgage confirmed with me via telephone and email that they have received documents & approval for HAF payments via Mortgage Assitance Alabama. XX/XX/XXXX I contacted PHH Mortgage twice trying to get information regarding the payments sent to PHH Mortgage made by Mortgage Assistance Alabama before the transfer of my mortgage to XXXX. First PHH MorgagXXXX agent gave me Agent ID # XXXX. PHH Morgage agent stated that no payments are showing on their end for HAF via Morgagte Assitance Alabama, I requested multiple times to escalate my issue due to Mortgage Assistance Alabama is stating they sent payments to PHH Mortgage in XX/XX/XXXX and XX/XX/XXXX. PHH Morgage phone agent tried multiple times to get a higher agent on the phone with no success, gave me the number for PHH Mortgage at XXXX. I asked the PHH Mortgage agent if my account with PHH Mortgage showed a trial modification, that XXXX stated that PHH Mortgage transferred a trial modification to them, PHH Mortgage agent stated, no because the account is closed. The PHH agent requested my phone number and asked if XXXX XXXX in the afternoon is an okay time to call back, I stated, yes. I did not receive a call back from PHH Mortgage. I called PHH Mortgage again at XXXX given to me by the previous PHH Mortgage phone agent. PHH Mortgage Agent ID # XXXX answered- I inquired about HAF/Mortgage Assitance Alabama payments sent to PHH Mortgage in XX/XX/XXXX and XX/XX/XXXX and the PHH Mortgage agent stated that since my loan has transferred and is now closed to contact XXXX. I stated that HAF/Mortgage Assistance Alabama is stating they have paid PHH Mortgage {$6000.00} in XX/XX/XXXX and XX/XX/XXXX. PHH agent put me on hold and an escalation agent and manager with PHH Mortgage, XXXX ID # XXXX was put on the line. PHH Mortgage XXXX, XXXX stated they no longer handle the account anymore, they can't do anything, to call XXXX, PHH received notification of the HAF/Mortgage Assistance Alabama funds were sent in XX/XX/XXXX, but PHH Mortgage has not received the payment, not to worry that if PHH Mortgage receives the payment they will forward it to XXXX, PHH Mortgage has limited info, that I need to contact Mortgage Assitance Alabama. I told PHH Mortgage, XXXX I have no issue getting in touch with Mortgage Assitance Alabama, that they've ( MAA ) confirmed they sent payments to PHH Mortgage in XX/XX/XXXX and XX/XX/XXXX, and Mortgage Assitance Alabama told me to contact PHH Mortgage. I received no assistance or resolution. PHH Mortgage has transferred false and/or incorrect mortgage documents and information to XXXX XXXX XXXX. PHH Mortgage has not forwarded any payments to Select Portfolio, PHH Mortgage sent Trial Modification documents that I did not request nor agree to, incorrect property tax information and payment amounts and balances. After reviewing some of my PHH Mortgage statements & documents I have found that PHH Mortgage has made errors on my account which resulted in an escrow shortage and mortgage payments going up. Mortgage statement from PHH Mortgage from XX/XX/XXXX shows a PMI Payment in the amount of {$220.00} paid on XX/XX/XXXX, my normal PMI payment before and after that statement is {$73.00} ( PHH Mortgage charged 3 months of PMI for one month ). If I call PHH Mortgage for assistance regarding my account they tell me they can not help me and have limited access. It is my understanding PHH Mortgage should be able to assist with account errors within 1 year after my mortgage is transferred.
Company Response:
State: AL
Zip: 351XX
Submitted Via: Web
Date Sent: 2023-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: In late XXXX when we started having heavy rain storms, I noticed portion of the ceiling collapsed in the den area.I immediately notified PHH about this. My home insurance company denied the claim. I asked PHH for some financial help and they told me that I have to wait a whole year for a refinance and suggested a payment deferment or loan modification. During this process, Mortgage companies shouldn't report the mortgage payments as late. They repeatedly report the mortgage account as30 or 60 days late. I submitted 4 different applications and they keep prolonging the process because of me complaining to the 3 bureaus regarding my report.Today XX/XX/28 was my loan modification interview but I asked them to stop the modification appointment and process on the advice of the mortgage servicer I'm currently working with to take over the mortgage. On XXXX XXXX, They reported that the account is in Forbearance further damaging my credit. I feel that this is in retaliation for my many complaints to the 3 bureaus and the new mortgage servicer.
Company Response:
State: CA
Zip: 90805
Submitted Via: Web
Date Sent: 2023-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-29
Issue: Trouble during payment process
Subissue:
Consumer Complaint: The problem ( pt. 1 ) The HAF program provided mortgage assistance and as of today the funds do not show as applied. There was an approval of funds for XXXX and XX/XX/XXXX mortgage payments. PHH has not credited the XXXX XXXX payment as of today, XX/XX/XXXX. My mortgage payment is currently showing 28 days past due, as a result. Attached is confirmation that the payments have not been applied and an email from PHH that Delaware HAF has requested information on my account. Which confirms they received communication regarding the approved payments. ( I received the exact same communication from PHH when HAF approved the original request in XX/XX/XXXX ). The problem ( pt. 2 ) After the Delaware HAF requested total amount to bring the account current in XXXX of XXXX, PHH assessed additional charges in XX/XX/XXXX and tacked them on to the monthly payment. Further increasing the monthly payment and consistently keep the account from arriving to a " normal '' payment state. PHH has assigned my account to 3 different relationship managers in the past 3 months, non of which has ever contact me via phone or email.
Company Response:
State: DE
Zip: 19702
Submitted Via: Web
Date Sent: 2023-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A