Consumer complaint received 2020-06-30
Company: Ocwen Financial Corporation
State: MN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Greetings CFPB, hoping your office can assist in getting resolution of getting my owed escrow balance and lien release for my mortgage from PHH Mortgage. 

I have paid my mortgage off back on XX/XX/XXXX with PHH via cashiers check. I was expecting that once my mortgage was paid in full that PHH Mortgage would promptly send me a check for my escrow balance of {$2100.00} and the lien release for my mortgage in a timely manner. Expecting that there could be some wait times to the process I went ahead and paid my county property taxes that were due on XX/XX/XXXX via personal check dated XX/XX/XXXX. 

On XX/XX/XXXX I received a partial escrow payment of {$340.00} from PHH Mortgage Services dated XX/XX/XXXX. I immediately reached out to PHH Mortgage Services to inquire on my remaining balance of {$1800.00} and was advised that this was the correct amount as they had paid my property taxes on XX/XX/XXXX. I was very surprised to learn that PHH Mortgage Services was sending my money out after the Mortgage was satisfied. I had already paid my XXXX XXXX property tax bill directly to the county. This payment was made prior to PHH Mortgage dispersing from the escrow account on XX/XX/XXXX via electronic wire transfer thru XXXX to XXXX XXXX. 

I was advised that I would have to provide proof of payment and send it to XXXX to get a refund from PHH Mortgage. 
I contacted the XXXX XXXX property tax department on XX/XX/XXXX and spoke with a XXXX XXXX. She advised that my personal payment was received on XX/XX/XXXX and credited to my account. On XX/XX/XXXX XXXX XXXX received a wire transfer from XXXX on behalf of PHH Mortgage Services in the amount of {$1800.00} She indicated that they had already returned the money to XXXX XXXX on XX/XX/XXXX via check XXXX as part of a larger payment totaling {$170000.00}. She also provided me documentation of crediting of the payments which I promptly emailed back to PHH Mortgage on XX/XX/XXXX. 

On XX/XX/XXXX I received a response back via email from XXXX advising the following, We have received the tax payment receipt attached to your email on XX/XX/XXXX. Please be advised the due taxes were paid on XX/XX/XXXX and the loan was paid off on XX/XX/XXXX. We will get in touch with XXXX regarding the refund and once we receive the payment from XXXX it will be sent back to you. The date ( s ) given regarding payoff and dispersement by PHH Mortgage are not accurate. XXXX is the wire transfer service that PHH mortgage uses to transfer funds to property tax departments. 

I waited until XX/XX/XXXX to follow up on why my refund has not yet been received. I called PHH Home Mortgage and spoke with a XXXX but my call was then escalated to a XXXX, id XXXX as there was no history of a refund being in the works to me. She said she would follow up with their escrow department and get back to me. Advised I want the refund overnighted to me. 
On XX/XX/XXXX I received a VM from XXXX. I returned the call but got voice mail and was transferred to XXXX, ID XXXX. According to his notes there was still no record of a payment having been received from XXXX XXXX. I insisted that PHH Mortgage get on the phone with XXXX XXXX to track down the money that they sent out incorrectly to the XXXX XXXX tax department as my money seems to have disappeared and I am not getting assistance from PHH Mortgage in correcting their error. Advised XXXX I want the refund overnighted to me. 

On XX/XX/XXXX I had to call and speak with XXXX, ID XXXX as I had not received any further contact from PHH Mortgage. She indicated at that time that the money was just received on XX/XX/XXXX. The refund was being processed and she would return a call to me with a tracking number when payment was issued. 

On XX/XX/XXXX I still had not received any call back from XXXX, ID XXXX. I called her and she indicated that I would have to wait another 10 days before a payment could be issued but gave me no date of when payment would be sent. Advised that was not acceptable and asked to talk to her manager. She indicated that no managers are available and that she would have to take a message and get a manager to call me back and it may take XXXX hours for contact. I was advised by XXXX I could look at the mortgage portal to see the funds were received on XX/XX/XXXX. Advised no I cant, as once you pay your loan in full PHH Mortgage revokes your access to all payment history and activity. 

As of XX/XX/XXXX no call backs have been received from PHH Mortgage on the status of my owed escrow balance of {$1800.00} I reached back out to XXXX XXXX at the XXXX XXXX Property tax department to see if she could tell me when the refund payment was cashed by XXXX. She advised according to their records the payment was sent via check XXXX on XX/XX/XXXX and was part of a larger combined refund for {$170000.00} and was cashed by XXXX on XX/XX/XXXX. 

This is very disturbing to me to know that PHH Mortgage and/or their representatives have held my money since XX/XX/XXXX and will still not issue me a payment for my {$1800.00} escrow balance. 

I am now at the two-month mark of having my mortgage paid in full and still have yet to get my title release from PHH mortgage. 

My complaint against PHH Mortgage as is follows : XXXX. Dispersing escrow funds by PHH Mortgage should not be occurring after the loan is paid in full. Once final payment is received, they must stop dispersing money from the escrow account or stop anything they have in process. PHH Mortgage overstepped their authority by making payments out of the escrow account via wire transfer on XX/XX/XXXX. 
XXXX. PHH Mortgage must provide an immediate refund to me via overnight mail of the escrow balance of {$1800.00}. PHH Mortgage and/or their representatives have no legal right to delay refund any longer as they have been in possession of my funds since XX/XX/XXXX. 
XXXX. PHH Mortgage must process my lien release for my mortgage immediately and deliver me the release. 
XXXX. PHH Mortgage should not be allowed to revoke/hide your past payment history and activity on their online portal once you pay off your loan. This tactic does not allow a user such as myself to see what my escrow balance is or other payment activities on the account. 

Thank you for your assistance in this very frustrating matter.

Company response to consumer: Closed with explanation