Date Received: 2022-08-25
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Dear XXXX, I want to report that XXXX XXXX XXXX XXXX XXXX filed a False Proof of Claim in my XXXX # XXXX / Adversarial Proceeding Case # XXXX in the CA XXXX Bankruptcy District Court on XX/XX/XXXX. Attached copy of XXXX Bank XXXX XXXX, Proof of Claim filed by XXXX XXXX, attorney at XXXX XXXX XXXX, XXXX and Copy of my Adversarial Proceeding Case file on XX/XX/XXXX. In addition, XXXX XXXX in my XXXX XXXX Superior Court Case XXXX in XX/XX/XXXX provided 263 pages of Production XXXX in which they included three different versions of the alleged Fixed/Adjustable Rate Note on pages 117, 127 and 144 out of 263 Pages, which likely reveals counterfeiting ( Copy Enclosed ). Therefore, I hired XXXX XXXX, Private Investigator to conduct two Audits of all documents of the alleged loan, assignments and documents provided to the courts and provide a Declarations of his findings under oath and Penalty of Perjury. The First Audit and Declaration by XXXX XXXX was Notarized on XX/XX/XXXX, uncovered numerous violations and issues including the following ( Attached copies of the Audit the following reports ) : 1. CFPB/Plaintiffs States Consent Judgment against Ocwen Loan Servicing , Dated XXXX XXXX, XXXX for Violations, among other laws, the Unfair and Deceptive Acts and Practices Law of the Plaintiffs States and the Consumer Financial Protection Act of XXXX. 2. XXXX XXXX XXXX Deposition and Testimony on XX/XX/XXXX, acknowledged robo-signer, signed thousands of documents without first hand knowledge. 3. XXXX XXXX Bank, FSB vs Meisel Case Decided XXXX XXXX, XXXX. Notice of Pendency Cancelled and discharged and further Ordered that Counsel for XXXX Bank XXXX Bank XXXX, XXXX XXXX XXXX and Firm XXXX and XXXX, XXXX engaged in " Frivolous Conduct '' defined administrator in Rules of XXXX XXXX ( c ). XXXX. Consent Order, US Office of Thrift Supervision against XXXX Bank, XXXX dated XX/XX/XXXX for " Unsafe practices and initiation/handling of foreclosure proceedings Under OTS 's Finding : 2 ( 2 ) " Litigated foreclosures and bankruptcy proceedings and initiate non-judicial foreclosures proceedings without always ensuring that the promissory note and mortgage document were properly endorsed or assigned and if necessary, in the possession of the appropriate party at the time. '' The Second Supplemental Audit and Declaration by XXXX XXXX XXXX, Under Oath and Penalty of Perjury, completed on XX/XX/XXXX New Facts Revealed ( Copy attached ) : Deceptive New Gap Assignment as Indicia of Fraud... Proof of Claim- Gap Assignment Corporate Assignment of Deed of Trust on Page 2 of 15 of Audit/Declaration : " Rather than Executing any type of corrective assignment to address or remove the fraudulent " XXXX XXXX '' assignment from the land records of from the facts presented to the state court, XXXX ignores and omits the " XXXX XXXX '' XXXX in the Proof of Claim ALLTOGETHER even when PHH had previously sought Judicial Notice of said assignment on XX/XX/XXXX. '' On page 9 of 15 of Audit/Declaration : " Claimant Trust has never owned or possessed the XXXX Note because the " Trust '' was never formed because the Transaction discussed in the SEC filings never occurred. '' Three Different Versions of Note Reveals Likely Counterfeiting On Page 11 of 15 on his Audit/Declaration he states : " It appears that on the same very day, the same person who executed the certification, executed a different Certification of the Note. Both Notes produced in the State Action Court are different than the Note produced in this Matter in Claimant 's Proof of Claim, which shows two blank endorsements one on " page 5 of 5 '' and the other on the Value has been Given : On Page 14 of 15 of Audit/Declaration he states : " I have seen NO evidence that the Claimant paid valuable consideration to any party for the subject Note in this matter or the Trustee ever took possession of said " original note '', properly endorsed on or before the Trust 's closing date of XX/XX/XXXX. I can state with near 100 % Certainty that NO party seeking to enforce the remedy of foreclosure and collection of any alleged debt in this matter can not/ will not produce any verifiable accounting to show the subject loan as an account receivable on any books or records of the Claimant Trust. '' In conclusion, I want to also report that the XXXX XXXX XXXX in the XXXX XXXX Superior Court of California / Sixth Appellate Court Case, and most recently XXXX XXXX XXXX in my Bankruptcy Adversarial Case have ignored XXXX XXXX 's Investigation, Audit and Declarations provided under oath and penalty of perjury. I'm demanding XXXX XXXX XXXX XXXX XXXX to cancel Notice of Trustee Sale Scheduled for XX/XX/XXXX and expunge the all instruments recorded on my property XXXX XXXX XXXX XXXX, CA XXXX, at the XXXX XXXX XXXX XXXX XXXX. respectfully, XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 95076
Submitted Via: Web
Date Sent: 2022-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-25
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: First off this is a CARES ACT violation -- I will be filing complaints with US GOVT who administers that -- ( treasury department ). I started with XXXX in XXXX. 30 years of payments later- they CLAIM I still owed XXXX. XXXX what I started with. THEN -- -when they told me the loan payments were paid -- -all payments made- in XXXX XXXX XX/XX/XXXX they reported me late. First off- they gave me a concession -- forbearance-. it was current- therefore its illegal for them to report it late. They are in violation of the CARES act and I want these late payments removed immediately.
Company Response:
State: AZ
Zip: 85037
Submitted Via: Web
Date Sent: 2022-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-25
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: XXXX XXXX XXXX, XXXX now XXXX XXXX XXXX, XXXX ( California Secretary of State Organization Control Identification Number XXXX ) has misrepresented facts pertaining to its business as a real estate purchaser when in fact it is a debt collector and purchaser of unsecured legacy assets that are intangible. XXXX alleged it purchased a Deed of Trust lien on real property on XX/XX/2014 from trustee XXXX XXXX XXXX XXXX XXXX acting under Deed of Trust number XXXX XXXX, however, the purported beneficiary OCWEN LOAN SERVICING , LLC has confirmed that the proceeds from the foreclosure sale was not received. Require XXXX XXXX XXXX, XXXX to produce proof of payment made to the trustee or other party. Provide a readable copy of the check both front and back ensuring the account numbers, names, dates are visible. Require XXXX XXXX XXXX, XXXX to describe the foreclosure sale it was involved in : 1 ) A non judicial foreclosure sale ; or 2 ) Judicial Foreclosure Sale. Respond in kind.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-25
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Called in late XXXX to request to start PMI Removal Process. Agent advised they had to send a letter via US Mail. 10 Day lead time Weeks go by and no letter. Several calls to customer service during this time. None offered any help and advised I had to wait for the letter. A Month has now gone by and I get to an escalation manager. She has no idea why the letter was sent. This is when the vail starts to come down. They claim they can only send " messages/ emails '' to the PMI team. They can not call. Every week from then to now I call or she calls me and asks did I get the letter? I advise no and they send another message. And on and on the train goes. On a side note this seems to be a trend. Many many reviews out there with people having the same or worse expertise with PMI removal. Apparently some pay {$150.00} for appraisal and then hear nothing... Someone of authority needs to look into this business. I have experience in this sector and no reputable company would ever work this way. Especially one of the big banks.
Company Response:
State: NC
Zip: 28056
Submitted Via: Web
Date Sent: 2022-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-24
Issue: Trouble during payment process
Subissue:
Consumer Complaint: To : cfpb Consumer Financial Protection Bureau ( XXXX ) XXXX From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TN XXXX ( XXXX ) XXXX XXXX Date : XX/XX/XXXX REF : File a complaint against PHH Mortgage Services Ocwen Loan Servicing LLC XXXX Product : Mortgage ( Ocwen Loan Services ) & ( PHH Mortgage Services ) Loan number XXXX Property Address : XXXX XXXX XXXX XXXX XXXX XXXX, TN XXXX Issue : 1. Not getting full payment credit for reinstating the loan in full after court decision XX/XX/XXXX. The loan was reinstated paid in full brought current XX/XX/XXXX with two payments : 1. reinstatement amount. 2. A second payment paid in full for the other outstanding amount that was due on the loan. I will send copy of the wire transfers that will show proof of both payments to the mortgage company. 2. A Settlement Agreement was reached between Ocwen Loan Services LLC and Plaintiff XXXX XXXX on XX/XX/XXXX effective XX/XX/XXXX at which point the mortgage loan should have been reported as current to all credit bureaus. Ocwen Loan Services LLC from year XXXX did not bring the account current and Ocwen Loan Services LLC breached the terms of the Mediation Settlement Agreement. The United States XXXX XXXX for XXXX XXXX XXXX Tennessee XXXX XXXX handled this first case. Note : See PDF Document Labeled XXXX TN XXXX XXXX XXXX As a result of breaching the Settlement Agreement another law suit was filed against Ocwen Loan Service LLC on XX/XX/XXXX in the United States XXXX XXXX for the XXXX XXXX XXXX Tennessee XXXX XXXX case number XXXX Plaintiff XXXX XXXX. You will see from the case file that on XX/XX/XXXX section ( Alternative Dispute Resolution ) section A and B Mediator must file Mediation Certification Form. Note : See PDF Document Labeled XXXX TN XXXX XXXX XXXX You will note that on XX/XX/XXXX the Judge set a Pretrial Conference date XX/XX/XXXX and then a Jury Trial Date of XX/XX/XXXX at XXXX am. Because of Covid19 the trial was postponed. During this time PHH Mortgage Services reported two late payments on the plaintiff mortgage account to the Credit Bureaus XXXX, XXXX and XXXX while still in this litigation. Case number XXXX proves that litigation was going on and enforced by the XXXX Courts. Note : See PDF Document labeled XXXX TN XXXX XXXX Court A copy of XXXX XXXX credit profile history will revile this action by PHH Mortgage Services. Fact XXXX XXXX credit report will also revile that Ocwen Loan Services LLC never reported the mortgage loan XXXX as current to any the credit bureau XXXX XXXX, XXXX and XXXX except as late. Instead XXXX XXXX XXXX XXXX falsely reported late payments on the mortgage account XXXX to the credit bureaus for three years causing serious credit damage to XXXX XXXX credit history. XX/XX/XXXX the judge ruled that the Mediation Settlement Agreement will remain enforced for the plaintiff XXXX XXXX and that I had thirty days to bring the Account current. The wire transfer record will serve as proof that PHH Mortgage Services received full payment to reinstate the XXXX on XX/XX/XXXX in the amount of {$39000.00} and a second wire transfer in the amount of {$3600.00} to XXXX Mortgage on the same date to cover the other outstanding charge that was listed on the reinstatement letter. Note : See PHH Mortgage Services Reinstatement Doc2 or PHH Mortgage Service Reinstatement XX/XX/XXXX. It The amount paid was enough to cover all reinstatement fees and outstanding balances due plus XXXX XXXX payment included to bring the Mortgage loan ( XXXX ) current in full. Note : See PDF name Wire Transfer to PHH Mortgage Services. This also will serve as proof that PHH Mortgage Services should have never reported any latency on this mortgage account loan number XXXX during this time. A copy of XXXX XXXX credit report will be attached to this complaint for you to review. The credit report it will prove everything thats stated in this complaint from year XXXX, XXXX, XXXX, XXXX, XXXX and XXXX present. 3. Both mortgage companies reported false late payment on the mortgage account even after the loan was reinstated to full status and several times while in US Court litigation to the three-credit bureau XXXX This caused further serious damage to XXXX XXXX Credit Profile preventing him from getting refinanced by other potential Mortgage Lenders.
Company Response:
State: TN
Zip: 38016
Submitted Via: Web
Date Sent: 2022-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-22
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I'm submitting this complaint in regards to multiple delays in trying to remove my PMI with PHH mortgage. I calculated that I should qualify for PMI removal during my XX/XX/XXXX payment and called the company around XXXX XXXX requesting removal. The agent said they would send a letter in the mail with my eligibility and next steps. I waited about 13 days and then contacted the company again by email to see that status ( XX/XX/XXXX ). I received no response. The next day ( XX/XX/XXXX ) I contacted the company by phone and the agent said the request was still 'processing ' and to call back if I hadn't received anything in a couple of weeks. I called back today ( XX/XX/XXXX ) and the agent said there wasn't a request in for the PMI removal and it would be another 7-10 business days before they could start the process. The delay on their end is going to cost me at least {$110.00} and the company also said a new appraisal would be required to remove the PMI, even though my payments have been in good standing and we got an appraisal about a year ago. I feel like PHH mortgage is putting up hurdles for removing PMI, in order to make more money off of me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OR
Zip: 97203
Submitted Via: Web
Date Sent: 2022-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I have owned the home at XXXX XXXX XXXX in XXXX XXXX since XXXX. The home was completely destroyed in the XXXX fire in XXXX XXXX XXXX, XX/XX/XXXX. Since losing the home I have been trying to come to an agreement with the mortgage company to avoid foreclosure. I do not intend to keep the property and wish to swiftly move to sell the remaining land or transfer the deed back to the mortgage co. I have made many attempts by phone, email and regular mail to file financial documents and submit applications for the decision to terminate the loan and we have been completely ignored, or even worse handled by claim and mortgage agents who have no idea what to do in this situation. Given the extreme loss of home and property there is no way I can continue to make loan payments on a house that doesnt exist. I just need the mortgage company to reply with an educated professional opinion and advice in order to avoid foreclosure. So far, the company has made this simple request impossibly complicated! Thanks for your attention,
Company Response:
State: CA
Zip: 960XX
Submitted Via: Web
Date Sent: 2022-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-22
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: to whom it may concern, i tried numerous times to solve this matter with them and have not been successful i was given a trial that started XX/XX/2022 i completed all the payments even did 5 payments total i never received my final docs i brought it up to them they told me to re apply i did not they are saying i do not qualify that my income then it was something else i just want to keep my house they keep playing with me ive done everything that they've asked me for. i did not ever get courtesy call they are in violation of my rights as home owner. They never called to make sure i received my final docs or anything. which i never did thats why i kept making my trial payments. all i want is to keep my house and make payments. Please help me i am at the verge of a XXXX XXXX
Company Response:
State: CA
Zip: 90015
Submitted Via: Web
Date Sent: 2022-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Following XXXX. In XXXX, I received an email from out of nowhere from a XXXX XXXX from XXXX. XXXX about getting a fixed loan rate 3.50 permanent. I thought this is what I was working with him on, I never stated, I wanted a loan modification. I would like to find out if he is involved with this split loan. I was doing well already and didn't need a mod,. So this split my loan and having me pay some now and maybe the rest when I'm XXXX. I didn't approve this agreement and I have been worried sick about these changes. I plan to work diligently to get to the final of this sabotage agreement. Phh and Ocwen didn't give me the info I requested, I wouldn't have made this move with truth be told. I don't have these documents in possession with XXXX XXXX. Authorized Officer never heard. I've been paying on this loan and I still owe the same amount. Also the escrow payment that was supposed to receive took it from me and put it on the back of the loan without my agreeing to it. I did not REQUEST A MODIFICATION IN XXXX.
Company Response:
State: IL
Zip: 60608
Submitted Via: Web
Date Sent: 2022-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-20
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I was with XXXX mortgage company since XXXX and I know that I had a majority of my equity missing, and a great deal of my equity was taken during the modification process, I was charged for payments, 20 all the time, the payments that I made were not included in the modification processes and I was overcharged on the fees in numerous occasions, I was not aware of the lawsuit against Owen, but I know I have been subjected to equity loss. I went from XXXX to XXXX XXXX during the period I was with them about 8 years and I went through 3 modifications. I went through XXXX worth of equity during that time. I would like to know if I can get any help in this matter. They made a lot of mistakes in all of my modifications. Presently I have issues with PHH Mortgage resolving the issue about my payment. They overcharged me for over 12 months. I became a XXXX XXXX veteran in XXXX and informed phh mortgage. I was payin XXXX $ and then after 12 months it was refused to XXXX. They would never explain why despite writing rhe cfpb and calling the relationship manager. I would like an cplanation.
Company Response:
State: MD
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A