Consumer complaint received 2018-04-04
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — 
Company: PHH Mortgage Services Corporation (IL)

has I have been denied the full opportunity to participate in the Loss Mitigation Process with a full understanding of the terms of the agreement with the exploration of all options to make an intelligent and informed decision regarding whether or not I could intentionally commit to the terms of the trial modification in totality. I called PHH Mortgage on multiple occasions without an opportunity to speak to the assigned case manager XXXX XXXX, therefore I spoke to a gentleman named XXXX XXXX on XX/XX/XXXX. I asked him to explain the terms outlined in the confusing letter I received by PHH Mortgage. He was unable to adequately answer my questions therefore he suggested I exercise my right to appeal and submit the decision received on XX/XX/XXXX, and do it via email at XXXX. During this time I awaited a written decision directly related to the appeal I filed on XX/XX/XXXX. I was uncertain if making a payment would indicate I agree with the terms of the modification prior to receiving clarification therefore I waited for a written response. I have never received the written response even after making several phone calls. On XX/XX/XXXX, I called PHH Mortgage speaking to XXXX XXXX, Case Manager regarding the failure of PHH mortgage to provide a written decision regarding the appeal I submitted on XX/XX/XXXX. I requested the opportunity to make the trial payments but he was unsure if that option was still available at that time. XXXX stated he would find out and send out information informing me if I could make payments for the previously offered trial modification or if I needed to submit a new application, he assured me that I would receive the information in the mail. 

On XX/XX/XXXX, a court date was set which due to unforeseen circumstances I was unable to attend. At the court date the attorney from XXXX XXXX XXXX, XXXX. asked XXXX XXXX XXXX XXXX, to enter an Order of Default and a Judgement Foreclosure and Sale on XX/XX/XXXX, against me in a case XXXX XXXX XXXX concerning the property located at XXXX XXXX XXXX XXXX, IL XXXX, my only residence. As a result of the Default Judgement, I received a Notice of Sale, with a sale date scheduled for this Friday, XX/XX/XXXX at XXXX XXXX. Unfortunately for the past two years I have experienced extraordinary health challenges which interfered with my ability to fully participate in the foreclosure not being afforded requested reasonable accommodations. In other arenas I am granted reasonable accomodations leveling the playing field for me at work and school but during this legal proceeding except during one court hearing. 

On XX/XX/XXXX, I contacted PHH Mortgage using the portal system seeking to resubmit an application for Homeowners Assistance based on the documentation previously submitted outlining the time frames of expiration of each document previously submitted in the absence of a written response to the appeal letter submitted on XX/XX/XXXX and the request for an update my options for participating in the Loss Mitigation process on XX/XX/XXXX. When I began applying through the Mortgage Service Center, I received a message stating, I already had an application being reviewed for the housing assistance program therefore I was unable to download or access a clean application. Based on the expiration of the previously submitted documents I submitted an updated application using one previously submitted changing the dates and providing current supporting documentation. 

On XX/XX/XXXX, I received two confusing letters through the portal, one stating the application for Loss Mitigation had been received and was under review and a second one stating my request for the Lost Mitigation Process was denied because it was within 14-days of the sale date of my home but required a minimum of 37 days to review an application. I inquired with XXXX XXXX, Case Manager what happened to the documents he agreed to send me on XX/XX/XXXX but he never stated what happened with the papers. He told me he was going to send me a new application which I have not received. 

XX/XX/XXXX, I called speaking to two different case managers ( XXXX XXXX & XXXX XXXX ) who informed me they saw the letter of appeal I submitted but they didnt understand what I was appealing despite the first sentence explicating stating what I was appealing and my other questions in the XX/XX/XXXX letter. The two gentleman stated it was not the proper process to seek the responses to the questions I posed in the letter. I asked what they could do at this point to assist me and they both stated it was nothing further they could provide at this date due to the sale. I asked to speak to a supervisor and I was transferred to XXXX XXXX XXXX, who made excuses about PHH Mortgages two failed requests I made during the Loss Mitigation Process. She initially pretended not to see the appeal letter then she said a package was sent to me on XX/XX/XXXX but when I asked how it was sent she stated it was not noted in the system. I shared with her the previous packages were sent via XXXX allowing PHH Mortgage the ability to track the documentation. She hurried off the phone stating she couldnt do anything at this point. I asked her to remedy the previous mistakes made by the staffs failure to respond to two requests which has excluded me from participating in the Loss Mitigation process adversely resulting in a scheduled sale of my home on Friday, XX/XX/XXXX at XXXX XXXX. XXXX XXXX mentioned she must follow the Fair Trading Act with dealing with customers fairly which drove me to your organization for assistance. I spoke to a very kind woman named XXXX who stated she was there to assist me at the onset of the call. 

After reviewing your website I have reviewed the regulations 12 CFR {$1000.00} and the Have A Mortgage? What You Can Expect publication on page 9, it states I can request a review of the decision made by the services as long as a complete mortgage assistance package was submitted. I submitted a complete application and submitted a letter requesting a review almost 120 days before the Order of Default and a Judgement of Foreclosure and Sale were requested on XX/XX/XXXX but PHH Mortgage failed to provide a written decision and submit updated information after my request submitted on XX/XX/XXXX regarding the Loss Mitigation Process. I asked the company today if they would kindly reconsider their decision to deny the application for assistance submitted last week as I am preparing for court in the morning where I have submitted a motion to stop the sale of my home but my request was denied. Based on the regulations it appears as though PHH Mortgage violated several of my rights and I am seeking your assistance with retaining my home as a person with XXXX I dont have the capacity to move at this time but I do have the means to pay my monthly mortgage. Had I been afforded the opportunity to fully participate in the totality of the Loss Mitigation Process my home would not be scheduled for sale on XX/XX/XXXX at XXXX XXXX. Today in court the judge denied my motion to vacate the default judgement.