Consumer complaint received 2022-01-13
Company: Ocwen Financial Corporation
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
PHH Mortgage in bad faith locked my account to make online payment, after they already approved me to do so in XX/XX/2021. They also alleged that my Prior mortgage company, XXXX Mortgage contacted them to extend my deferment, in which XXXX did not. 

PHH Mortgage marked my account Delinquent, the Deferment Agreement with XXXX stated this would not happen as long as I make my payment in full for the 90 day deferment. PHH Mortgage did not honor this and marked my account Delinquent in Bad Faith. 

After Locking my account they requested me to sign a Mortgage Amendment which is open ended to allow them to charge fees for any payment type, and does not state in the amendment a fee waiver for online payments, their website mentions this, but is not in the contract to be Legally Binding. The Amendment also has one that signs it agreeing to any document execution or making now or in the future, in which how can one agree to an unknown document to be binding to all parties in the future without out a review and consideration what the unknown document. This type of Amendment is Illegal and violates State of Texas Laws and Regulations under the Texas Finance Code Section 392, and goes further in Section 392.303 ( a ) ( 2 ) A ) PHH alleged my account was Delinquent, in which it was not ; they purchased My Mortgage from XXXX and they accepted payment of {$2000.00} on XX/XX/XXXX. 2021 in which that was PHH 's 1ST Payment after purchasing the Mortgage. 

B ) PHH without my consent Extended my Original SIGNED 90 DEFERMENT REQUST WITH XXXX, for another 90 days, with out My Written or Verbal Agreement. EVEN After PHH called me TWO to THREE TIMES a WEEK FOR XXXX WEEKS asking if I will make my payments starting in XXXX ( These calls were in XXXX Mornings and Afternoons Week Days and Weekends ) ; I informed them I did not need an Extension on every call ; after my 1st online payment they stopped calling me, PHH STILL MARKED MY ACCOUNT AS DELIQUINT in BAD FAITH. 


C ) They sent an open ended Mortgage Amendment and Informed me I have to sign this in order for them to accept online payment, after I already was approved for this prior to XX/XX/2021, in BAD FAITH they Locked me Out of MY Account ; ( 1 ) Section 2 of the amendment just has a maximum fee they can charge as stated for any type of payment ( 2 ) Section 3 of the amendment sates that there may be additional fees for any type of payment ( 3 ) Section ( 7 ) states that the signee agree to any additional document now or in the future after signing this Amendment ( 8 ) Nowhere in this amendment does it state that fee would be waived if the amendment is signed and online payments are made. This Amendment is In BAD FAITH and Only BENEFITS PHH MORTGAGE, in which this is Amendment is void and illegal in the State of Texas.

D ) The State of Texas Views this Amendment as a Violation to States Laws and Regulations : TEXAS FINANCE CODE Section392.303 ( a ) ( 2 ) PHH Mortgage is well aware of this due to the many complaints and Class Action Lawsuit against them ; yet the forced me into an unwanted deferment, marked my account as delinquent when it was not, the XXXX Deferment Agreement states my account would not be marked Delinquent, and then PHH in Bad Faith Locked my account after receiving 2 on time payment for no reason other that trying to charge a fee, and Strong Arm me into Modifying my Mortgage with PHH in BAD FAITH ( E ) Phone calls two to three times a week for 3 weeks Violates TEXAS FINANCE CODE : Sec . 392.302. ( 4 ) HARASSMENT ; ABUSE : ( 4 ) causing a telephone to ring repeatedly or continuously, or making repeated or continuous telephone calls, with the intent to harass a person at the called number. This Occurred immediately after they purchased my mortgage Throughout the month of XXXX, 2021.

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