Consumer complaint received 2015-06-03
Company: PHH Mortgage Services Corporation
State: WA
Product: Mortgage
Sub-product: VA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Our home outside the gates of XXXX XXXX at XXXX XXXX XXXX, XXXX, GA was foreclosed on in XX/XX/XXXX while I was stationed XXXX in XXXX, XXXX. Around XXXX of XXXX I noticed balance no longer was going down on the website, but the money was still being removed from my bank account. I contacted the servicer and they gave no assistance, explanation, or information about possible foreclosure. Money continued to paid in the following months, and I had no indication of trouble from my bank, or mortgage servicer. In XXXX XXXX I received an urgent email from Century 21 about my home that I did not notice for a week or two. I returned the email and called the Mortgage Servicer. I told them i had received an urgent message from my property manager concerning the property, and being stationed overseas with a XXXX hour difference had made it difficult to correspond with them, but I was more them I was had acvailible money due to reenlistment bonus and was prepared to pay whatever I owed to make my balance current. I told I could no longer tell what amount it was since their site no longer reflected my payments in spite of the reflected transactions on my checking statements. The lady responded that they had no idea I was overseas in spite of banking with XXXX who knew where I was, and forwarded me to their in house lawyers. I chose not to speak to them without my own lawyer for fear of unwittingly entering a binding legal agreement, and began looking for a lawyer willing to work with a client from overseas an unavailable to interact in person. Upon receiving a reply from Century 21, I was informed my house had been posted for auction for the XX/XX/XXXX and sold the that XXXX week. I never even had notice even though I had contacted the servicer at time that they would have been initiating the foreclosure process, and my bank had no idea it was happening either. I even received a message from XXXX sometime XX/XX/XXXX saying i was past due months after tI had contacted them for help dealing with their mortgage servicer and my home had been foreclosed on. The Pro Bono lawyer I made contact with in GA offered to take my case and accept fee at settlement. After weeks trying to discuss it with him over the phone when i was awake and he was available for a phone consultation he said I defiantly had a case, and reiterated payment would be accepted upon settlement of my case, but the contract included a huge weekly fee, and I had to abandon him as an advocate, and did not find anyone else i could trust. 
In XXXX XXXX I PCS 'd back to Joint Base XXXX XXXX, but the unit was preparing to deploy, and I had little time to take back up my foreclosure. However I was medically evacuated back home in XXXX XXXX, and I now close to XXXX years after I was foreclosed on have the time to take up this action legally. It is a threat to my clearance, my family 's financial security, and also robbed my family the foundation of our retirement. I believe the methods used in servicing my mortgage, the lack of notice, the hard to navigate website, and failure to inform me my mortgage was in trouble while i was seeking customer support from the servicer at a time that my credit report later reviewed I was past due regardless of my payments being accepted from my bank account was predatory in nature. The fact my home was sold prior to me receiving third party notification was also predatory, as the paperwork required to take my home was probably nothing compared to sending electronic notification to XXXX there was an issue. i am also not sure if i interpreted the Servicemember 's Relief Act correctly, but I believe it sates i can not be foreclosed on without a going to court, or while serving overseas. If this is correct then would the foreclosure not be wrongful, and illegal on these grounds alone?

Company response to consumer: Closed with explanation