Consumer complaint received 2019-08-09
Company: Ocwen Financial Corporation
State: TN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I found out today that PHH Mortgage has been rejecting my mortgage payments for months without notifying me. I have contacted PHH Mortgage on multiple occasions over discrepancies in my payments. 

I could not understand why they were saying I was behind several months and I have payment receipts from XXXX showing that I could not have been behind the amount of months they were stating. 

I had filed complaints with the TN State Attorney General 's Office, the CFPB and the XXXX  of New Jersey. I had also filed formal complaints with both Ocwen Loan Servicing and PHH ( who they now own ). 

In all of these communications, not one time, did PHH Mortgage notify me that for several months they were silently rejecting the payments I had been making by XXXX. My payments had been sitting in XXXX waiting to be refunded for MONTHS. I had no clue. 

No idea. 

PHH Mortgage had ample opportunity to tell me that they were doing this. I just found out today on a phone call with PHH Mortgage where I gave a supervisor all of my reference numbers for the XXXX payments including the date and time the payment was made. The supervisor looked in the system and told me that he wasn't showing the payments and he put me on hold. He came back to the phone to notify me of the rejection. 

So PHH Mortgage was negligent in the mortgage servicing of my loan by failing to inform me that my payments were rejected and they waited until I was several months behind to demand an inflated lump sum and the man today gave me 20 days to pay {$5000.00} to bring my loan current. 

It's as if PHH Mortgage intentionally let me get this far behind to try and take my home. 

PHH mortgage is worse than Ocwen Loan Servicing. 

I have had several conversations with its agents and been told on multiple occasions that they do not have to follow the the prior agreements that Ocwen had in place for my loan even though standard servicing guidelines followed by the servicing industry usually require companies to honor agreements that are already in place when the loan is transferred. 

I was told today that the longstanding servicing agreement Ocwen Loan Servicing had with its customers of not starting foreclosure proceedings until the loan is 89 days late has been essentially 'disregarded ' by PHH Mortgage and now PHH Mortgage goes immediately to foreclosure. This is what their agent told me today. 

But this would go against what was in the notification of transfer letter that Ocwen sent me when it notified me it had transferred the loan to PHH Servicing. Also in the letter that PHH Servicing sent to me notifying me they now had servicing rights to my loan - both letters either stated or alluded to the fact that all servicing agreements, rules, procedures and guidelines in regards to my loan would remain the same. 

Yet now PHH Mortgage agents are telling people that they are disregarding all prior agreements Ocwen had on the loan. 

They did this without notifying me which violates both Federal and State Mortgage servicing laws. 

I was suppose to be informed. 

I am deeply frustrated with how PHH Mortgage has been handling the servicing of my loan. They are thumbing their nose at longstanding agreements which were in place, abruptly changing policies without proper notification to the borrower and failing to inform borrowers when they have decided to reject payments. 

It was wrong for PHH Mortgage to fail to notify me that they had been rejecting my payments FOR MONTHS. 

PHH Mortgage, like it's parent company Ocwen ( who improperly foreclosed on me and hired men to come inside my home and change my locks and tape down my toilets and trash my place - when I was never foreclosed on.. 

they never apologized. They just quietly removed the foreclosure from my credit report.. they had even notified the IRS that I had been foreclosed when I was not. ) is continuing the practice of thumbing their nose at various Federal and State laws governing the servicing of mortgage loans, and harming customers like myself in the process. 

I do not know what to do. Or who to turn to. 

I have filed numerous complaints throughout the years about first Ocwen Loan Servicing ( who now owns PHH ) and they were eventually sued for their violations ( they had illegally foreclosed on hundreds of thousands of homeowners throughout the years - throwing veterans, us military personnel, soldiers, teachers, widows, the elderly, the infirm, and other hardworking Americans into the streets and it was determined by the courts that not only had they illegally foreclosed on these people tossing them and their families into the streets like trash - they had a side hustle where they were making a profit from the illegal foreclosures ) and now PHH is continuing the trend. 

The PHH Mortgage representative, upon notifying me that my payments had been rejected by PHH for several months, demanded I send thousands to PHH in under one month ... 

thousands over my payments, to immediately bring my loan current or PHH would take my home. 

I told him I could bring the loan current and pay what he wanted but I would need at least 60 days. I certainly couldn't do it in 20 days. He refused this. 

He then said the only other alternative was a loan modification. I did not want a loan modification and did not think I would qualify. 

A loan modification is a complete restructuring of the entire loan. 

PHH Mortgage can easily give me the 60 days to bring the loan current or work out a payment plan. Especially given the circumstances surrounding the delinquency which was caused in part by PHH 's own negligence in the servicing of my loan and failing to notify me they were kicking back my payments. 

The man even lied and said 'oh we tried to call you multiple times '. That's a LIE. My phone never rang. 

I never received any communication from PHH of the rejected payments. He then said 'oh we have the wrong number '. That's also PHH 's fault. I had updated my correct phone number multiple times with PHH and they refused to erase an old outdated number that I had not used in years, choosing to put the new number I gave them under this other number and only calling the old number. 

I have told PHH and it's agents on multiple occasions my correct number. 

Every time I call them I update my number. My correct number has also been included in multiple written correspondence with PHH Mortgage I have sent to them. There is simply no excuse that they could not reach me. I don't believe they even tried. It's all just a lie. 

It's evidently the policy of PHH to never delete this information. 

Even when told by the customer the information is outdated, stale and old. 

If this matter is not resolved, I will have no choice but to go through the courts to seek equity and a remedy to the sloppy and negligent handling of my loan by PHH Mortgage. The lies it's agents have told me about not having to follow prior agreements which were in place, and the misinformation from PHH agents regarding my loan as well as failure to notify me my payments were rejected and I had to find out several months later through a random phone call with PHH. 

In addition to this I've only been able to log into the PHH Website about 3 times since PHH has had the loan because the website is either constantly down or malfunctioning. 

This is such a nightmare. 

Product or Service Mentioned : Phh Mortgage Loan. 

Reason of review : Negligence, Violation of Federal and State Mortgage Servicing Laws, Misinformation, Damage and Harm to Consumer potentially leading to Foreclosure, Potential Legal Ramifications to protect my rights in a court of law and to demand equity and remedy. 

Preferred solution : Payment Plan that will allow me to work out an agreement to keep my home that is flexible due to PHH Negligence in failing to properly inform me. I want to avoid the courts as legal filings are public record. But PHH Mortgage refuses to assist demanding t.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation