Consumer complaint received 2024-10-31
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: Onity Group Inc. (NY)

This complaint is against PHH mortgageXXXX XXXXXXXX XXXX for not following XXXX XXXX guidelines as required by federal law on the mortgage I took out on the property of XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, and therefore resulting in initiating a unjustified ilegal foreclosure. 

The facts here are mostly undisputed. This mortgage was taken out around XXXX from the XXXX XXXX XXXX, all payment were made on time until mid XXXX in the heart of the pandemic. On or around XX/XX/XXXX I was offered a covid forbearance plan which I accepted, this forbearance plan was then extended until around XX/XX/XXXX. On XX/XX/XXXX I spoke to XXXX XXXX XXXX and the XXXX XXXXXXXX XXXX sent me the 3 trial payment letter which required to make 3 payments of XXXX in XXXX and XXXX and XXXX based on a modification rate of a 3.125 % and 40 year mortgage which was the rate at that time, once the trial payments would be completed I was told I would be sent a permanent loan modification. All 3 trial payments were made on time from my chase account online and confirmed receipt by servicer. See below. 
XX/XX/XXXX XX/XX/XXXX Online Payment XXXX To The XXXX XXXXXXXX XXXX  XXXX XX/XX/XXXX XX/XX/XXXX Online Payment XXXX To The XXXX XXXXXXXX XXXX  XXXX XX/XX/XXXX XX/XX/XXXX Online Payment XXXX To The XXXX XXXXXXXX XXXX XXXX I contacted several times the servicer during XXXX and XXXX and was told I would get my modification package in the mail, however servicer never sent me a the permeate modification docs therefore violating the guidelines and resulting in reputable harm for their client. It was only almost 12 months later that I got corespondence from servicer that they would not be sending me the original modification because I did not keep on paying the mortgage while awaiting the modification completely ignoring the fact that they they never sent me the modification docs after I did my part violating the XXXX XXXX  servicing Guide relating to trial and flex modification which says as follows. 

The servicer must complete the mortgage loan modification in accordance with Offering a Trial Period Plan and Completing a XXXX XXXX XXXXXXXX Modification in XXXX, XXXX XXXX XXXXXXXX Modification . 
The servicer must prepare the Loan Modification Agreement ( Form XXXX ) early enough in the Trial Period Plan to allow sufficient processing time so that the mortgage loan modification becomes effective on the first day of the month following the Trial Period Plan ( modification effective date ). The servicer is authorized to, at its discretion, complete the Loan Modification Agreement so the mortgage loan modification becomes effective on the first day of the second month following the final Trial Period Plan payment to allow for sufficient processing time. However, the servicer must treat all borrowers the same in applying this option by selecting, at its discretion and as evidenced by a written policy, the date by which the final Trial Period Plan payment must be submitted before the servicer applies this option ( " cut-off date '' ). The cut-off date must be after the due date for the final Trial Period Plan payment as set forth in the Evaluation Notice. 
Note : If the servicer elects this option, the borrower will not be required to make an additional Trial Period Plan payment during the month ( the " interim month '' ) in between the final Trial Period Plan month and the month in which the mortgage loan modification becomes effective. For example, if the last Trial Period Plan month is XXXX and the servicer elects the option described above, the borrower is not required to make any payment during XXXX, and the mortgage loan modification becomes effective, and the first payment under the Loan Modification Agreement is due, on XX/XX/XXXX. 


The servicer wanted to offer me a new modification offer that would be {$1000.00} a month higher, which I obviously did not accepted insisting that I would like to adheara to the original offer. Servicer wants to for clause the house now.