Consumer complaint received 2021-11-15
Company: Ocwen Financial Corporation
State: DC
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XX/XX/XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX  XXXX XXXX Number : ( REDACTED ) Via : XXXX OBJECTION TO NOTICE OF ACCELERATION AND VALIDITY OF DEBT You are hereby informed of the following : 1. The subject notice is improper and your firm doesn't have authority to proceed. The matter is in the jurisdiction of the United States District Court, XXXX XXXX XXXX XXXX XXXX XXXX See Case Number : Civil Action No. XXXX. Jury Trial has been requested. 
2. PHH offered a modification plan of the mortgage on or around XX/XX/XXXX and informed Peek of the same. PHH has arranged a call to discuss matters of a pending loss mitigation application on or around XX/XX/XXXX. 
3. The Real Estate Settlement Practices Act-Regulation X- provides that no debt collection action shall occur during a loss mitigation application the same of which has been duly filed and acknowledged by PHH. 
4. PHH is subject to regulatory oversight by the Consumer Financial Protection Act of 2010 ( CFPA ), 12 U.S.C. 5531, 5536 ( a ), 5564, 5565 and the Consumer Protection Finance Bureau regularly enforces the ECOA and the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and its implementing regulation, Regulation V, 12 C.F.R. part 1022 ; and the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq. 
5. CFPB Rule cited as 12 CFR Part 1024c Docket No. CFPB-2021-0006 ] RIN 3170-AB07 Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act ( RESPA ), Regulation X. Those rules mandate actions and activities for processing loan modification, debt collection, and related activities. Essentially, the demand letter is improper, contrary to the CFBF rules effective at XX/XX/XXXX, and contrary to Acts of Congress and has to be withdrawn. 
6. PHH is in receipt of multiple duly prepared and submitted Qualified Written Request, Notice of Error, and Request For Information matters since XX/XX/XXXX that is hasn't responded to and thus an action in foreclosure, such as demand for payment, is a violation of RESPA. 
7. The associated fine for violation of the Fair Debt Collection Practices Act, RESPA, CFPB shall offset and reduce any obligations herein and such matters will be resolved inly in ligation in federal court. 
8. The debt, if any, is subject to the Dodd-Frank Act of 2010 and Federal Housing Act by means of repayment agreements, loan modifications, short sale of property, partial claims. There is a partial claim that affects the validity of this debt. 

Therefore, the demand letter is improper, illegal, the debt is materially misstated, and this matter is not subject to proceedings in State Courts. Please withdraw this action and notice. 

/S/ REDACTED NAME Also, PHH falsely noted that they issued me a Loss Mitigation and Trial Payment but I never got it and they falsey said I cancelled it when I never did so or even knew it was issued. 

PHH also hasn't replied to mulitple Qualified Writtedn Request, Notices of Error, and Request for Information sent by registred mail to them. 

PHH is not complying with the new RESPA guidelines issued by CFPB as of XX/XX/XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation