Date Received: 2023-01-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Hello : I am XXXX XXXX, and was a few days late on my XXXX payment but, on XX/XX/XXXX i made a payment via my checking account. It was never processed. Along with several other attempts caused my payment to accrue tons of late fees. In addition to this my XXXX payment via my checking account has not been processed. As I am recovering from XXXX My husband is handling my affairs with mortgage payments.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MA
Zip: 02131
Submitted Via: Web
Date Sent: 2023-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I am helping my XXXX old mother with her complaint. She lives in XXXX and occupies the property in question. I live in XXXX, not far from XXXX. In XX/XX/XXXX my mother closed on her reverse mortgage with XXXX XXXX XXXX. M mother was in XXXX XXXX at the time of closing. A sum was distributed at closing sufficient to satisfy bankruptcy trustees The trustees subsequently provided a document stating that mother had completed her final payment. PHH Reverse Servicing [ XXXX XXXX XXXX XXXX XXXX XXXX Florida XXXX XXXX says my mother 's mortgage is with their bankruptcy department and, due to bankruptcy law, PHH XXXX XXXX is unable to communicate directly with us or to provide us with any information regarding status or resolution. Further, PHH has subsequently filed a proof of claim that appears to be the reason my mother 's bankruptcy attorney can not file papers with the court concluding her bankruptcy. The amount of funds in the PHH claim appears to be approximately the same sum paid at settlement to the bankruptcy trustees in XXXX XXXX, a separate sum of {$2000.00} dollars made available to my mother at the time of the XX/XX/XXXX closing. There also appears to be a charge for bankruptcy attorney fees to my mother 's account for {$250.00} on XX/XX/XXXX and again on XX/XX/XXXX. Subsequent to the XX/XX/XXXX closing my mother continues to lack access to funds that were supposed to be available following her reverse mortgage closing. My mother 's PHH account shows a loan balance of $ XXXX and and an available funds balance of XXXX as of XX/XX/XXXX. I need someone in PHH Bankruptcy Department with authorization to contact me so that I can better comprehend the situation from their perspective. XXXX or XXXX The files I am attaching PHH already has.
Company Response:
State: MD
Zip: 217XX
Submitted Via: Web
Date Sent: 2023-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-09
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I reached out to PHH mortgage services in XX/XX/2022 to get validation for the alleged amount stated on a statement sent to my homestead property. As stated under the FCRA I have the right to request this information and receive a full disclosure. I am exempt from forced sale or XXXX. PHH Mortgage Services has sent me an unjust default as well as a threat to foreclosure on my homestead property. PHH Mortgage Services has not validated or verified any information requested within the RESPA time frame. This is very unjust and wrongful PHH Mortgage Services has furnished fraudulent claims against my consumer reports. XXXX Mortgage XXXX has not responded to my request in a timely manner nor validated the information that I requested pursuant to 15 USC 1692g,15 USC 41 consumer protection, RESPA, FCRA and TILA. How could they ignore my request and place my account in default and force me to foreclose. As a protected consumer fraudulent practices are a violation under state and federal laws.
Company Response:
State: TX
Zip: 75134
Submitted Via: Web
Date Sent: 2023-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-09
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I was approved for the program HAF, but my mortgage company no want to solutions the problem.
Company Response:
State: FL
Zip: 334XX
Submitted Via: Web
Date Sent: 2023-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-08
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Hello, I am XXXX XXXX. My husband and I owned a home in Maryland and the loan was serviced by Ocwen loan servicing. Ocwen is represented by the law firm XXXX XXXX. I have a XXXX and a proud mother to XXXX XXXX XXXX I reached out to the lawyer from XXXX XXXX to discuss issues as I did not want to communicate by email. I spoke to my representative at the XXXX XXXX XXXX and she offered to speak to XXXX XXXX on my behalf. I phoned the lawyer from XXXX XXXX and introduced myself. To my astonishment I am told I will not talk to you or any one from the XXXX XXXX Society unless they are a lawyer. I informed him she is not a lawyer well I dont need to keep talking and good luck to you and hung up the phone. I am deeply saddened and hurt to be treated by this lawyer this way. XXXX XXXX
Company Response:
State: SC
Zip: 29708
Submitted Via: Web
Date Sent: 2023-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XX/XX/2012, Ocwen, as loan servicer for XXXX Bank, committed fraud on the court and on XXXX XXXX and XXXX XXXX, when they filed a fraudulent foreclosure action against the XXXX. Ocwen knew, or should have known, that they had, in response to a CFPB Complaint filed by XXXX XXXX, that XXXX Bank, through a letter sent in response to XXXX XXXX CFPB Complaint, had admitted that neither XXXX Bank nor Ocwen had ever owned the XXXX XXXX Mortgage and Note.
Company Response:
State: NY
Zip: 127XX
Submitted Via: Web
Date Sent: 2023-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-06
Issue: Incorrect information on your report
Subissue: Public record information inaccurate
Consumer Complaint: PHH mortgage is reporting that I have a XXXX XXXX have never filed a XXXX XXXX and they said that it was open XX/XX/2019 and XXXX on XXXX XXXXI called them and they are trying to put the blame someone else.
Company Response:
State: GA
Zip: 30078
Submitted Via: Web
Date Sent: 2023-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My mother passed away in XXXX of XXXX. I am the trustee of her estate, which includes a property subject to a mortgage serviced by PHH Mortgage ( PHH ). I mailed all requested documentation to PHH Mortgage in XXXX of XXXX to verify my successor status. I have made payments, but have not received a statement in months. I have requested that they accept me as the successor in interest, and they have no reason to dispute my claim. I recently learned that PHH has reported a delinquent payment. THIS IS AN OUTRAGE!! I have waited almost six ( 6 ) months for a response to my letter, with attendant documents, which was sent to your office on XX/XX/2022. I have multiple forms of confirmation that these documents were sent to you in a manner which satisfy the California Evidence Code. This is clearly a defamation of the estates credit you know very well from my letter FROM ALMOST SIX ( 6! ) MONTHS AGO as well as my subsequent conduct of sending payments WITHOUT THE BENEFIT OF ANY MONTHLY STATEMENTS. At this point, it seems clear that it is PHHs intent is to foreclose on the property due to nonpayment after this oppressive practice. This is a violation of Californias Unfair Business Practice Act, California Business and Professions Code 17200 et seq. as well as an obvious violation of California Civil Code 2920.7. I feel that the CFPB should intervene.
Company Response:
State: CA
Zip: 908XX
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-05
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I have been trying to assume this loan since XXXX due to a divorce. I stated at that time, I was the successor in interest of this property due to divorce and I just want to remove the co borrower 's name from the loan. I want to make this complaint short, simple and to the point. According to Regulation X Section 1024.31 - I am the confirmed successor in interest of this property, due to divorce. I made this known to Ocwen/PHH since XXXX- yet they have failed to abide by the CFPB rules that will allow me to assume my mortgage. At this point, I have an order from a family court judge that since PHH did not provide me an assumption of the loan that he will force me to foreclose on my home. He also stated, If i don't foreclose on the home, he will stop my retirement benefits even before I get them. I will not foreclose on my home, and I need PHH to inform this court that they are working on my loan assumption asap, due to the borrower being the successor in interest to the mortgage due to divorce according to the CFPB regulation. Now what I need you to do is abide by the CFPB regulations. According to the CFPB, '' signing a loan modification can show assumption '' - I have signed the loan modification paperwork. The Caselaw for this is Chicago Assets Co.v. Watrous, 262 III.App.254 ( 1st Dist 1931 ) or Brush v. Wells Fargo Bank N.A . 911 F. Supp 2d 445, 459-462 ( S.D. Tex 2013 ) Also according to the CFPB, the client ( i the borrower ) gets to decide whether or not to assume the mortgage not the loan servicer or mortgage company. PHH has never allowed me to decide on anything. There are several cases of where the borrower due to divorce was in charge of deciding whether or not to assume the loan. The Case in Andrews v Holloway, 140 Ga. App 622,623 ( 1976 ) ( UNDER GEORGIA LAW MORTGAGES ARE FREELY ASSIGNABLE AND ASSUMABLE AND " THE LACK OF CONSENT IS IMMATERIAL '' ) Again, I have a Georgia mortgage and have been denied the right to assume the loan. These are just a few cases in which the CFPB has stated clearly the rules and regulations- and PHH instead is making it hard for me, by asking me to continue to pay 12 to 24 months and then they will see about me getting an assumption, when the rules clearly state the opposite. Again, my request is to remove my former husbands name from this mortgage. In XXXX, I was in a XXXX XXXX and tried to assume the loan in which PHH/Ocwen approved and then reneged. However, this was a violation according to the CFPB, because even while in a XXXX XXXX, there is case law that the successor in interest to the property can assume the loan Smith,469 B.R. 198 ( Bankr. S.D. N.Y. 2012 ) So this is my final request to get this assumption paperwork to me immediately, before I am forced to file a legal claim of breach of contract, negligence, and or lack of good faith in settlement. There are several other possible claims that I can and will file if necessary. Please, I am requesting the paperwork for the assumption of my loan due to divorce. I need a letter in writing stating that it was your error that your company didn't implement these regulations as required by the CFPB. I need this letter to inform a sitting family court judge, that my house nor my retirement pay need to be impacted in what would impact me in a most disastrous way. I would be homeless and will lose the additional retirement income that I so desperately need and entitled to. I am attaching the order of XXXX XXXX XXXX where this judge is stating what he will do if i don't show proof from your company that I have a loan modification and that you all are in the process of making sure I assume this loan removing the co borrower. This is what I need asap, I also am attaching the CFPB rules/ regulations that your company has failed to implement on my behalf. Please pay attention where it sited the Georgia case of XXXX XXXX XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85201
Submitted Via: Web
Date Sent: 2023-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-05
Issue: Trouble during payment process
Subissue:
Consumer Complaint: PHH Mortgage Company acquired my mortgage in XXXX of XXXX. My first payment with them was XXXX. I paid XXXX early with a check and XXXX early with a check. I started calling them around XX/XX/XXXX because my account said past due. I believe they are trying to steal money. They cashed both checks and I had to provide them with copies for them to take a month to apply them. In the mean time I set up an automatic withdraw for XXXX 's XXXX payment. When they applied the payments to the account they never took off the past due notification. Their policy is to disable the automatic payment until you are current?? ( weird ) So my automatic withdraw did not go through and they took the payment out of my escrow account. I spend about an hour each day trying to resolve this. I found out today that my financial advisor has the same company and has been spending a lot of time on the phone trying to fix his payments. They past you to the " Escalation Department '' and then you can't talk to the person that is fixing the account because they don't take calls. Please help
Company Response:
State: PA
Zip: 19382
Submitted Via: Web
Date Sent: 2023-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A