Consumer complaint received 2020-11-12
Company: Ocwen Financial Corporation
State: TX
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
By letter dated XX/XX/XXXX, addressed and faxed to debt collector PHH Mortgage Corporation ( " PHH '' ) by and through third-party debt collector XXXX XXXX XXXX ( " Debt Collector RAS '' ) using the name of XXXX XXXX XXXX XXXX as Trustee for XXXX XXXX XXXX ( " XXXX XXXX  '' ), giving notice of errors and qualified written request pursuant to 12 U.S.C. 2605 ( e ) and 15 U.S.C. 1601 et seq., and demanding validation pursuant to 15 U.S.C. 1962 ( g ) ( See Exhibit A ) for the subject account because : ( 1 ) The XX/XX/XXXX monthly mortgage statement for the subject account from PHH states, in relevant part, that : You are currently due for the XX/XX/XXXX payment. Your last full payment was applied to the payment due XX/XX/XXXX. ( See Exhibit B ), and said statements constitutes continued errors in addition to false and deceptive statements by continuing to omit and conceal : ( i ) nine checks totaling {$15000.00} that were paid to and cashed by PHHs affiliate Litton Loan Servicing XXXX ( Litton ), starting with three equal installments of {$1900.00} each towards a trial modification under the Home Affordable Modification Program ( HAMP ) for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit C ), followed by six installments for XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX ( See Exhibit D ), without any credit to the subject account ; and XXXX XXXX XXXX XXXX checks totaling {$5100.00} that were paid for XX/XX/XXXX ; XX/XX/XXXX ; XX/XX/XXXX and returned by Litton without any legitimate reason or explanation ( See Exhibit E ).

( 2 ) The false statements and implications set forth within the aforementioned XX/XX/XXXX debt collection communication from PHH that the last payment made towards and / or applied to the subject account was for XX/XX/XXXX, are false because I did not make any payments for the months starting XX/XX/XXXX through XX/XX/XXXX upon following the instructions given to my late husband and I by Litton in order to qualify for a modification, and as Litton declared under penalty of perjury within its complaint filed on XX/XX/XXXX in the XXXX Court of New Jersey under Docket No. : XXXX ( the same day my husband died ) that a default under the subject account number occurred as of XX/XX/XXXX upon my failure to pay on XX/XX/XXXX ( See Exhibit F ) ; ( 3 ) PHH refuses to provide me with a monthly statement for XX/XX/XXXX as required by 12 CFR 1026.41 et seq.

( 4 ) PHH and Debt Collector XXXX continue to ignore my request to produce payments made for XX/XX/XXXX through XX/XX/XXXX as falsely stated and / or implied within the aforementioned XX/XX/XXXX debt collection communication. 
Then, on XX/XX/XXXX, the same day PHH acknowledged receipt of the foregoing notice of error and qualified / debt validation made pursuant to federal laws ( See Exhibit A ) and requested until XX/XX/XXXX to response, PHH and Debt Collector XXXX using the name XXXX XX/XX/XXXXcaused an application for final judgment to be filed in the XXXX Court of New Jersey under Docket No. : XXXX without answering the foregoing request made pursuant to federal laws, and provided the following false / forged information in support a Certification and Schedule of Amount Due by XXXX XXXX ( " Mrs. XXXX '' ) of PHH ( See Exhibit G ) that omits and conceals : ( 1 ) {$15000.00} in payments in the form of nine checks that I paid to ( and were cashed by ) PHHs affiliate Litton starting XX/XX/XXXX through XX/XX/XXXX ( See Exhibits C and D ) ; ( 2 ) omitting and concealing {$5100.00} in payments in the form of three checks that I paid for the subject account for XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX that were returned by Litton without any just and/or legitimate reasons ( See Exhibit E ) ; ( 3 ) declaring a default as of XX/XX/XXXX which contradicts the XX/XX/XXXX date declared for same account in Docket No. : XXXX that was commenced the same day my husband ( XXXX XXXX XXXX ) died on XX/XX/XXXX ( See Exhibit F ), which falsely implies that payments were made towards the subject account between XX/XX/XXXX through XX/XX/XXXX ; and ( 4 ) failing to provide evidence of the alleged payments from XX/XX/XXXX through XX/XX/XXXX.

Company response to consumer: Closed with explanation