Date Received: 2023-01-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Complaint against XXXX XXXX XXXX dba XXXX XXXX XXXX aka XXXX XXXX XXXXXXXX owned by Ocwen Financial Corporation, PHH Loan Number XXXX, FHA Case Number XXXX PHH has and continues to engage in including but not limited to improperly servicing my mortgage loan, Breach of Contract, Elder Abuse ( financial exploitation ), Fraud, not acting in Good Faith with me, failure to account since close for the {$12000.00} PHH is holding of my money per PHH Loan Officer and PHH Closing Document aka contract with me, failure to use the {$12000.00} PHH is holding of my money to pay my homeowners insurance as each comes due per PHH Loan Officer email to me and PHH Closing Documents aka contract with me, and XXXX XXXX XXXX XXXX XXXX against me causing me XXXX and XXXX XXXX As a condition to close loan, PHH required {$12000.00} be withheld from proceeds to me to be held by PHH and administered by PHH as what PHH called a XXXX aka XXXX XXXX XXXX that PHH would timely pay from my property taxes and homeowners insurance as each came due per PHH Loan Officer email to me and PHH Closing Documents aka contract with me. I was concerned about {$12000.00} withheld from the refinance proceeds to me to be held by PHH and administered by PHH so I sent the PHH Loan Officer an email XXXX XX/XX/2022, which was before the loan cloed. The PHH Loan Officer sent me an email on XXXX XX/XX/2022 in response to my 3 XX/XX/2022 email about the {$12000.00} that PHH required they would withheld from the refinance proceeds to me as a XXXX aka XXXX XXXX XXXX that PHH would hold, administer and would timely pay from it my property taxes and homeowners insurance as each came due. I emailed PHH Loan Officer XXXX XX/XX/2022, asking Please explain exactly how this money being withheld pays my homeowners insurance and real estate taxes for me instead of me paying them. PHH Loan Officer wrote me via email XXXX XX/XX/ 2022, Just like a regular mortgage company, our servicing department will use the funds to make these payments on your behalf so you dont have to. See enclosed. The PHH Loan Officer then wrote me via email XXXX XX/XX/ 2022, you will receive both a monthly statement and a year end statement of the PHH-withheld and administered {$12000.00} XXXX. See enclosed. In good faith I reasonably relied upon the PHH Loan Officers written representation to me of Just like a regular mortgage company, our servicing department will use the funds to make these payments on your behalf so you dont have to. and you will receive both a monthly statement and a year end statement and moved forward to close the loan. The loan closed XXXX XX/XX/2022. I have NEVER received any accounting, let alone the a monthly statement and a year end statement as promised by th PHH Loan Officer in writing of the PHH-withheld and PHH administered {$12000.00} XXXX since the loan closed. After close of refinance, on XXXX XX/XX/2022, I made written request upon PHH via fax for their promised monthly accounting of this PHH-withheld and administered {$12000.00} XXXX. On same paper, I also asked PHH When will I receive copy of closing package signed by all parties? See enclosed. The PHH fax number is on the CERTIFICATION OF OCCUPANCY I wrote my request upon. I received NO reply. Today 's balance of the {$12000.00} XXXX-withheld and administered by PHH remains at {$12000.00} because PHH has FAILED, in violation of the PHH Loan Officer email and the PHH closing documents aka contract with me to use that {$12000.00} to pay my homeowners insurance as it came due. PHH has used NONE of the {$12000.00} XXXX-withheld and administered by PHH of my {$12000.00} to pay my hazard aka homeowners insurance as it came due. My hazard aka homeowners insurance renewal premium was due XX/XX/2022 per XXXX XXXX, my homeowners insurance company. On XXXX XX/XX/2022, I AGAIN made written request upon PHH via email for the PHH promised monthly accounting of this XXXX-withheld and PHH administered {$12000.00} XXXX. See enclosed. The PHH email is on the CERTIFICATION OF OCCUPANCY and other PHH documents. I received NO reply. On XXXX XX/XX/2022, I made a ANOTHER written request upon PHH via email for the PHH promised monthly accounting of this PHH-withheld and PHH administered {$12000.00} XXXX. See enclosed. I received NO reply. I was becoming increasingly worried that this PHH-withheld and PHH administered {$12000.00} XXXX had been stolen from me so I then contacted Senior Law Project of XXXX XXXX XXXX Senior Law Project, and began working with XXXX XXXX XXXX XXXX. XXXX XXXX told me he called PHH but received no reply. XXXX XXXX, XXXX. then informed me he had sent a Certified With Return Receipt letter to PHH. On XXXX XX/XX/2022, MXXXX XXXX, XXXX. mailed me a copy of the letter he had sent to PHH Certified With Return Receipt. See enclosed. In it he attached my above emails to PHH expressing my increasing concern and worry. I remain sick with worry and frantically afraid. On XXXX XXXX 2022, XXXX XXXX, XXXX. of now XXXX Nevada XXXX XXXX, which is the name XXXX XXXX XXXX had changed to, mailed me a copy of the letter he had sent to PHH, stating to PHH e had received NO response from PHH to his XXXX XX/XX/2022, Certified With Return Receipt letter. See enclosed. Also enclosed is the PHH XXXX XXXX XXXX MORTGAGE ADJUSTABLE RATE LOAN AGREEMENT, pages XXXX and XXXX and XXXX and XXXX of XXXX of the PHH Closing Documents, Article XXXXDefinitions XXXX XXXX PROPERTY CHARGES means certain Property Charges consisting of property taxes including special assessments levied by Municipalities or State law, hazard insurance premiums, and applicable flood insurance premiums. XXXX. Property Charges means property taxes, hazard insurance premiums, flood insurance premiums, ground rents, condominium fees,, planned unit development fees, homeowner 's association fees, and any other special assessments which may be required by local or state law. XXXX Lender shall use the amounts set-aside to make timely payments of the XXXX Property Charges listed iXXXX Section XXXX. See enclosed. Also enclosed is the PHH EXHIBIT 1 XXXX XXXX XXXX ADJUSTABLE RATE MORTGAGE PAYMENT PLAN Page XXXX of XXXX of the PHH Closing Dpcuments aka contract with me documenting total of PHH-withheld {$12000.00} XXXX. See enclosed. According to the enclosed PHH TAXES/INSURANCE PAYMENT NOTICE in the PHH Closing Documents, Per the terms of your loan, the payment of property taxes ( taxes ) and all applicable property insurance premiums ( insurance ), collectively ( property charges ) will be paid via A Full-Funded Life Expectancy Set-Aside. Also enclosed is the PHH XXXX XXXX XXXX XXXX FOR TAXES AND INSURANCE also in the closing documents. It states, A XXXX Is an amount withheld from the mortgage proceeds for the payment of specific charges : property taxes, homeowners insurance Based on the review of your loan application documentation, a Fully Funded XXXX in the amount of {$12000.00} is required. In the Monthly Statement from PHH for XX/XX/ 2022, XXXX statement clearly indicates PHH ADDED, in violation of the PHH Closing Documents aka written contract PHH has with me, the real estate tax payment due to the loan. The PHH Closing Documents aka written contact PHH has with me is that property taxes was to be paid by the PHH from the PHH-withheld {$12000.00} XXXX funds. I remain sick with worry and frantically afraid. In XX/XX/2022 my home insurance was up for annual renewal and a {$740.00} premium was due to renew it. To renew my homeowners insurance {$740.00} was due XXXX XX/XX/ 2022 per my homeowners insurance company, see their enclosed letter. According to the PHH XXXX XXXX 's email and Closing Documents my homeowners insurance renewal was to be paid from {$12000.00} XXXX funds withheld and administered by the PHH of which {$12000.00} had been withheld from me from refinance loan proceeds to fund the Lender-held and Lender-Administered XXXX. In the enclosed letters from my homeowners insurance company, XXXX XXXX, dated XXXX XX/XX/ 2022 and XXXX XX/XX/2022, each clearly states Minimum Amount Due : {$740.00}. We have billed the following mortgage company for the total amount due shown above PHH MORTGAGE SERVICES XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Loan Number : XXXX which is the SAME address PHH identified in their loan documents, AND We have already sent your mortgage provider a payment request. PHH and its correct address and the due date is on the correspondence I received from my homeowners insurance company. In the 2022 Monthly Statements from PHH 2022, they clearly document PHH FAILED, in violation of the PHH CLOSING DOCUMENTS aka written contract PHH has with me, to pay my home insurance, let alone timely pay it as required by the PHH loan documents aka PHH contract with me. The PHH CLOSING DOCUMENTS aka written contact with me is that it was to be paid by the PHH from the PHH-withheld and PHH administered {$12000.00} XXXX funds XXXX See enclosed where I then received in the mail from PHH dated XXXX XX/XX/ 2022, documenting that PHH again violated its PHH CLOSING DOCUMENTS aka written contract with me as it failed to pay my homeowners insurance premium {$740.00} which was due on XX/XX/2022, from the XXXX-withheld and administered {$12000.00} XXXX funds so now I do NOT have homeowners insurance, and PHH is now WRONGLY threatening me with in violation of PHH XXXX XXXX email and PHH Closing Documents aka contract with : The insurance we buy : * May be significantly more expensive than the insurance you buy yourself. * May not provide as much coverage as an insurance policy you buy yourself. I then received in the mail from my homeowners insurance company, XXXX XXXX, dated XXXX XX/XX/ 2022, that We did not receive payment for your policy renewal which was due on XX/XX/2022. As a result, your renewal policy offer expired on XX/XX/2022, and coverage under the policy no longer exists. See enclosed. I remain sick with worry and frantically afraid. Due to XXXX failure to pay the {$740.00} homeowners insurance from the PHH-withheld and PHH administered {$12000.00} XXXX funds according to PHH Closing Documents aka written contract PHH has with me I NO longer have home owners insurance.
Company Response:
State: NV
Zip: 89434
Submitted Via: Web
Date Sent: 2023-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-22
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: XXXX and later PHH, stalled my progress in selling my late mother 's property in many ways and they took money. First, by stating that they did not receive the forms proving that I was the executor of the estate. I had sent in the documents to the company the day after probate court granted me full executorship. They kept telling me that they had not received the forms for about three months, even though I had submitted them the form multiple times. They finally admitted that they had it in their files since my first submission. Secondly, my whole experience in dealing with these companies was filled of long phone holds. They also would hang up on me. They provided no support and stopped me from completing the necessary actions that they required of me. At some point, PHH lied to me stating that they had sold my case. They stated that both on the phone and through mail. However, within a month of me asking questions, they acted like they never made that statement. Third, they jacked up the prices of reverse mortgage tremendously after my mother had passed Looking back in our files, I noticed that " Original Line-of-Credit Reserve '' that has the amount of {$15000.00}. XXXX and " +Growth of Line-of-Credit '' that has the amount {$13000.00} only appears on the XXXX Monthly Reverse Mortgage Statement. I want to bring in to question why and gain an explanation. They also added " Current Principal Limit to the Mortgage Statements around XXXX. All these changes have not been explained. I suspect that the jack up in price is from the company spending money. Fourth, they kept checking on me to see if I still lived there on the property even though they knew I was in the middle of probate, selling the house, and they could just call my phone. They stated that they did these unnecessary check-ins 8 times and each time cost me {$20.00}. Fifth, then the appraiser that the company provided to look over the property, looked over the wrong flat map of the house across the street. Resulting in the wrong price to the house. I should not pay for the appraisal. The appraisal cost about {$700.00}. Sixth, they added " Corporate Advance '' and " Outstanding Fees '' for me to pay. It added up to about {$8000.00}
Company Response:
State: CA
Zip: 92545
Submitted Via: Web
Date Sent: 2023-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH XXXXXXXX XXXX Co. A normally-processed Line of Credit Draw request for {$45000.00} was direct deposited into my account on XX/XX/XXXX, but then reversed/withdrawn by XXXX on XX/XX/XXXX XXXX A call to PHH, they explained that the loan was at 90 % so HUD is now involved and must approve such payouts. We were also told that a request would be made for those funds to be reversed/redeposited into our XXXX account so they would be again made available. During a call to HUD, they advised they do not have control of this reverse mortgage and referred me to PHH. Now its 5 months later, with many calls to PHH & HUD, my monthly statements do not show the {$45000.00} in my account/available to draw. I feel its been stolen, just disappeared. During the latest call to PHH the rep stated that a letter explanation s in the process. To date, I have received no such letter and the missing {$45000.00} was not returned to me nor made available to draw. Its my money and I need it to pay living & medical expenses. I look for guidance on where to turn. PHH is the most non-responsive company I have ever dealt with. Thanks
Company Response:
State: NJ
Zip: 07013
Submitted Via: Web
Date Sent: 2023-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My father passed away in XXXX of 2014 and XXXX XXXXXXXX was foreclosing on the home while I was in Probate and was refinancing the home with another company. XXXX XXXXXXXX XXXX in my opinion.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: SC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-20
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: In the beginning of 2021 PHH Mortgage allowed a government sponsored COVID deferment to our mortgage, at the encouragement of the PHH relationship managers. They suggested placing the past due payments, or deferred payments at the end of the loan. This would be a separate amount due after the mortgage balance was fully paid. Once deferment was over PHH requested a loan modification due to the COVID deferment. Signed papers were requested. PHH then would not accept the notarized signatures that were requested and sent by PHH. PHH then would put a time limit to receive the signed and notarized papers. This happened up to 5 times. In the midst of trying to correct the signature issues mortgage payments were sent to PHH, some were accepted, some were not accepted, then other times we were told not to send payment at all. Now after seeking legal assistance while PHH threatens foreclosure our attorney is struggling for clear dialog with PHH. They now are saying the mortgage is in active foreclosure. PHH is not willing to work through their own admitted errors by their underwriters and escalation department. Our attorney has made repeated efforts to work this out with them and PHH refuses to cooperate. This is resulting in added attorney fees while PHH is adding " delinquent '' ( We feel there is no delinquency because payments were paid as were due but not accepted by PHH at their instruction ) interest and/or fees that PHH will not explain. We feel like we have exhausted all efforts to please PHH Mortgage and are open to resolve but seem to be getting no where.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OK
Zip: 74075
Submitted Via: Web
Date Sent: 2023-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: During XXXX my mortgage servicer PHH Mortgage Services agreed to a mortgage forbearance plan. In XXXX, XXXX I informed them that I would like to start paying my mortgage again. Instead of pushing off my payments to the end of the loan as I was promised that they would, they told me that I will need to apply for a mortgage modifications. I had no problem with this. I made all the trial payments on time, and in XXXX, XXXX they sent me a loan modification agreement to sign. Both myself and my wife signed it, had our signatures notarized, and sent it back to them. In the beginning of XXXX of this year, I received a letter back from them that there was a problem with the notarization on the agreement that we signed, and that they wanted us to sign it again and have our signatures notarized. While we did not understand what your problem was, we obliged with their request, and in order to make sure that they would have no problem with the notarization, we went to an Attorney to have it notarized. The second modification was due on XX/XX/XXXX We sent it back on XX/XX/XXXX, and per my discussion with their agent XXXX ( ID # XXXX ) it was received and scanned into thier system in a timely manner. On XX/XX/XXXX PHH Mortgage Services sent me a letter informing me that they denied my request for a Mortgage modification for the following reason. " You failed to return the final modification agreement within the required timeframe. '' I wrote them an email that this is not correct, and they responded as follows : " Please be advised the notary is incomplete as the notary public incorrectly acknowledged borrower name on the notary page as " XXXX XXXX ''. The notary public should acknowledge borrower name correctly as XXXX XXXX exactly as per the name printed on the agreement. The loan is eligible for denial due to the agreement not being received on time ; hence, the loan modification is denied. '' This is something that is so easy to fix, and furthermore, this still doesn't explain their problem with the first modification agreement. I believe that they have been acting in a bad faith and an unfair manner this entire time. And I would appreciate your assistance with this matter.
Company Response:
State: NY
Zip: 10952
Submitted Via: Web
Date Sent: 2023-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On XX/XX/XXXX I was laid off by XXXX XXXX Mortgage as a mortgage underwriter. I contacted PHH Mortgage ( my mortgage holder ) on XX/XX/XXXX and began the process for a loan Forbearance which is my right. I uploaded all required documents on XX/XX/XXXX except for proof of my income from unemployment. This was delayed as I had just been laid off. I then uploaded the final required proof of income on XXXX. I contacted PHH multiple times and logged on to their system almost daily to follow what is needed. I was then told they cancelled my application due to its incompleteness. This was their error as the final unemployment document was uploaded on XXXX. After several phone calls and e-mails they re-activated the application and sent notice of that on XX/XX/XXXX. It is XX/XX/XXXX and I am still waiting. I received a letter today ( only after I sent further correspondence requesting a status ) that states " The application is currently complete as of XX/XX/XXXX, and we do not require any additional documents at this time to evaluate the request for help. ". On attached correspondences it states " We will review the account for all possible mortgage assistance options. Under applicable law we are required to complete our review within 30 calendar days from the date we determined the package was complete.. '' - It is WELL over 30 days. Each and every verbal contact made has ended in my extreme frustration. The contact for XXXX is NOT the same company that underwrites, receives or reviews ANY of the documents uploaded so they have NO information but they continually ask for money and frustrate me beyond belief. I make them confirm the phone calls are recorded so that in the event I need to seek legal action they will show just how infuriating it was to deal with the contact people. They admittedly could never answer a single one of my questions and would not provide me with an underwriting contact. They are EXCELLENT at apologizing and telling you they will escalate. Nothing ever happens. I would love for the all the recordings to be reviewed. I have receipts of all uploads, e-mails and phone calls.
Company Response:
State: CA
Zip: 92264
Submitted Via: Web
Date Sent: 2023-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have been trying to cancel my PMI as it states after 2 years it automatically cancels in my contract. I have tried to reach out by phone and email to my service provider the answer I get since XXXX is instructions will be sent in 10 business days it is now XXXX my PMI is {$280.00}. Every month they delay places me in financial hardship. I received a letter stating Im not able to remove PMI with no explanation and Ive never submitted the application for review so Im not sure how it was denied. I am current on my payments. The loan has been more than 2 years from XX/XX/2020. This is one of the worse lenders I have dealt with I started having problems since they took my loan over. They also miss calculated my taxes causing problems with my monthly payment and account. They sent a check to me that should have gone to my taxes they told me to make payment directly from check that was sent so I did but then they sent a payment on there end and said my account was negative for escrow and taxes. Then i had to call property tax and they sent they sent them a refund that never showed in my account. Please help Im not new to owning a home and I have never had such bad experiences.
Company Response:
State: CA
Zip: 92336
Submitted Via: Web
Date Sent: 2023-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Checking to see if I qual8fy for XXXX XXXX claims that has been out there.
Company Response:
State: NJ
Zip: 08081
Submitted Via: Web
Date Sent: 2023-02-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XX/XX/2022 I called PHH asking if they had bi-weekly payments. I was told that they did, at first the agent said I couldn't be set up on it if I had automatic bank draft turned on, but then he came back and said I could. They sent me the paperwork to fill out. I completed the paperwork and faxed it back in at the end of XXXX. I received a letter that was confusing about a week later. It didnt say if I was approved, it didnt say when payments would start, but it mentioned making a manual payment which was confusing since I was on automatic bank draft. I called to get clarity. I was told that I was approved and that the bi weekly payments would start the next month and that I would get another letter with when the payments would start. I never received another letter. The next month the bi-weekly payments didnt start so I called again. This pattern repeated every month through XXXX. Every time I called I was told something different. One employee told me I had to fill out the paperwork again. I repeatedly asked if I needed to turn off automatic bank draft but was told no. In XXXX I was told I had to make a manual payment for the full month then the bi-weekly payments would start the following week. I asked her twice if there was a chance that they would pull the full amount for the automatic bank draft, but she kept reassuring me no. I made the manual payment for the monthly amount and then they drafted the full monthly amount. Despite the employee reassuring me this wouldnt happen. They wiped out my checking account since I was not anticipating this. It took a week to get my money back. I asked to speak to management and was never passed on to a manager. Even when my calls were escalated to the escalations team I was still never provided with information on when the bi-weekly payments would be set up. Finally at the end of XXXX I spoke to an employee who seemed to know what she was talking about. She finally informed me they do not offer bi-weekly payments only bi-monthly. They didnt even offer what I had been asking for. Every call I asked about bi-weekly payments and no one ever told me this isnt what they offered. I wanted to pay off my loan faster so bi-monthly was not helpful. Dealing with this company has been incredibly frustrating. I spoke with a different employee every month from XX/XX/2022 to XX/XX/2022, sometimes two different employees and only one employee could actually answer my questions. Then in XXXX without my consent or knowledge they shut off my automatic payments. I am hoping I never have to call them again because I will not trust anything they tell me. As soon as I can refinance away from them I will.
Company Response:
State: NC
Zip: 28117
Submitted Via: Web
Date Sent: 2023-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A