Upon inception of the refinance mortgage on XX/XX/XXXX for which PHH dba Coldwell Banker Mortgage was designated as the lender, and XXXX ( hereby " XXXX '' ) as the mortgagee and nominee, my taxes and insurance were not part of an escrow for I paid those items on my own, and paid to PHH principal and interest in the amount of {$1300.00}. 

On XX/XX/XXXX, upon entering into a modification prepared by PHH that consisted of a XXXX loan number, my taxes and insurance were not part of an escrow as with the original transaction. 

Then, without any legal authority or justifiable reason, PHH forwarded to me a correspondence dated XX/XX/XXXX acknowledging receipt of my modification payment of {$600.00}, and demanded an additional payment of {$990.00} for taxes and insurance knowing that taxes or insurance were ever part of an escrow with the original transaction or the modification, and that my taxes and insurance payments were both up to date. 

On XX/XX/XXXX, PHH commenced the last of XXXX illegal foreclosure debt collection actions in the Superior Court of XXXX by falsely declaring itself the owner and or party in possession of the original mortgage loan by using a falsely uttered instrument titled " assignment of mortgage '' in which XXXX is declared the nominee for PHH and the assignor, PHH is declared the assignee, and the instrument displays the name and alleged signature of attorney XXXX XXXX XXXX of XXXX XXXX XXXX XXXX, XXXX. of XXXX impersonating an officer of XXXX, and a false notarization by the law firm 's employee XXXX XXXX who is a XXXX notary public. 

Furthermore, within the foreclosure complaint filed in XX/XX/XXXX, PHH falsely declared : " The Mortgage contains a provision that, together with, and in addition to, the monthly payments of principal and interest payable under the terms of the secured Note, the Mortgagors will pay the Mortgagee, on the first day of each month until the note is fully paid, a sum equal to XXXX of the annual taxes and insurance premiums that will next become due, which shall be applied by the Mortgagee to pay the taxes and insurance on the premises. " ... On XX/XX/XXXX, the mortgage went in default. An installment of principal and interest, insurance and taxes was due and has not been received by the plaintiff. ". 

Hence, PHH knew or should have known that the asserted default as of XX/XX/XXXX for which they alleged included an " installment of principal and interest, insurance and taxes ... '' is false because from the inception of the disputed undertaking dated XX/XX/XXXX and the disputed " balloon modification '' that I signed on XX/XX/XXXX, the " installment '' demanded by PHH was for " Principal & Interest '' only, not insurance and taxes, for I paid the latter items without an escrow and remained timely on both payments to the municipality and insurance carrier. 

As of present date, PHH is continuing to pursue the unlawful foreclosure of my home asserting the aforementioned misrepresentations, using the aforementioned false evidence, and concealing that PHH is not the owner of the mortgage loan in dispute which has since been sold to a XXXX guaranteed trust entity. 

Furthermore, the unlawful tactics of PHH set forth above resulted in the latter wrongfully reporting me delinquent to the credit bureaus for a false default declared by PHH as of XX/XX/XXXX, that is based upon their misrepresentation that I failed to pay the full amount due for which they included taxes and insurance, items which were not part of the original transaction in dispute or the modification, and items that I always made timely payments to the municipality and insurance carrier.