Consumer complaint received 2024-08-29
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Onity Group Inc. (FL)

On XX/XX/XXXX, I contacted PHH Mortgage Services and I spoke with the representative XXXX XXXX XXXX XXXX, I wanted to know how come PHH Mortgage Services did not suggest a forbearance back in XX/XX/XXXX, when I told the agent, during a financial questionnaire, that I will not able to pay the total due amount due to a death in my family, health issues, and many other issues ( See your letter dated XX/XX/XXXX ). PHH Mortgage Services should have suggest and explain what is a forbearance. I was out of ressources and extremely XXXX, but PHH Mortgage Services did offer me anything at that moment, I was left alone On XX/XX/XXXX, PHH Mortgage Services sent me a Modification Offer, to be responded no later than XX/XX/XXXX. Instead of {$1200.00} per month, the offer suggested {$1100.00}. After few months of calls and letters received and after being clear that I was going through a serious financial hardship, PHH Mortgage Services offered me to lower my mortgage of XXXX XXXX  monthly. Speechless. 

XXXX, the representative told me that my request for forbearance had been denied. I was confused because I never requested a forbearance, I thought that it was something that a servicing company needs to suggest, not from me. When I inquired about the reasons of the denial, I was told that one of the criteria for forbearance is being three to four months late on payments, which was my situation. The other criteria was a cash down payment. However, I was never informed of the amount required for this payment. Had I been made aware, I would have found the necessary funds to avoid the current situation. It is deeply troubling that I was not offered forbearance or informed of the necessary steps to qualify for it, especially considering that most of the servicing companies exhaust all possible options to avoid foreclosure. In my case, this was not done. 

DEATH IN FAMILY In XX/XX/XXXX, my mother passed away in XXXX. I had to travel to XXXX to attend her funeral at the end of XXXX, which placed a significant financial burden on me. Additionally, the official XXXX  took place in XX/XX/XXXX. Unfortunately, due to my financial difficulties, I was unable to attend this important family event, which has been emotionally devastating. 

HEALTH ISSUES Compounding my situation, I am also dealing with serious health issues. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX This condition has left me feeling extremely uncomfortable and has severely impacted my ability to work as a XXXX XXXX XXXX. As you can imagine, my self-esteem and professional capacity have been greatly affected, leading to a further decline in my income. The cost to repair is {$30000.00} to {$40000.00} - I can not afford this amount for the moment. 

FLOOD & FEMA In XX/XX/XXXX, my property was flooded in the kitchen due to extreme rain in XXXX XXXX. I had to deal with FEMA, and it took over a year to finally resolve this situation with them. Unfortunately, the financial assistance from FEMA was limited and did not cover the full extent of the damage. As a result, I had to use my own money and borrow from friends to repair the damage and make my home livable, especially to prevent mold from developing in the kitchen. 

XXXX INCREASE / SPECIAL ASSESSMENTS XXXX XXXX monthly increase The most significant factors contributing to my financial hardship, however, have been the dramatic increases in my housing costs. Since XX/XX/XXXX, my condo fees increased from {$560.00} to {$680.00} per month. I have also been required to pay a special assessment of {$480.00} per month. A second special assessment for the XXXX of {$500.00}. This means my total monthly XXXX fees, including the special assessments, have skyrocketed from {$560.00} to {$1200.00} per month. 

MORTGAGE INCREASE XXXX XXXX  monthly increase In addition to these challenges, my mortgage payment, which was {$670.00} per month, increased to {$1200.00} per month. This increase occurred because PHH Mortgage Services paid my property taxes for last year, that I need to repay and PHH Mortgage Services requested to cumulate for the projected taxes for next year. As a result, my mortgage payment rose by {$550.00} per month.

Altogether, these increases in my mortgage payment, condo fees, and special assessments have added {$1200.00} to my monthly expenses, making it nearly impossible for me to keep up with my financial obligations. 

FILLING TO COURT FOR FORECLOSURE 5 MONTHS AFTER BEING LATE FOR THE FIRST TIME On XX/XX/XXXX, the last day that I was under review of the Modification Offer, PHH Mortgage Services filled in Court a lawsuit against me for non payment of XXXX, XXXX, XXXX, XXXX and XX/XX/XXXX, and request a foreclosure because I did not respond to the offer at that time.

Moreover, it is extremely challenging for me to defend myself in this foreclosure process, as I simply do not have the funds to hire a lawyer. PHH Mortgage Services is fully aware of my financial hardship, yet by proceeding with foreclosure, it is effectively discriminating against me, knowing that I can not afford adequate legal representation. This further emphasizes the unfairness of the situation, where a forbearance could have been a reasonable and humane solution.

EXPLANATION FOR NON-RESPONSE TO LOAN MODIFICATION OFFER XXXX XXXX Here is the reason for my non-response to the loan modification offer provided by PHH Mortgage Services. The circumstances surrounding my decision were directly influenced by advice I received from XXXX XXXX, the owner of my mortgage, specifically from a caseworker named XXXX. 

Upon receiving the letter dated XX/XX/XXXX of a Loan Modification Offer, I was surprised, as I had been expecting a forbearance option to be presented instead. Concerned about this discrepancy, I contacted XXXX XXXX to clarify the situation. During my conversation with XXXX, the caseworker that I was transferred to, I explained my concerns, particularly the fact that the first loan modification offered only reduced my payments by XXXX XXXXa reduction that would not significantly alleviate my financial burden. 

XXXX assured me that she would request a second loan modification from PHH Mortgage Services, as she understood that the initial offer was insufficient. She explicitly instructed me not to respond to the first loan modification offer by the XX/XX/XXXX deadline. She explained that submitting a response to the first offer could create confusion in the system and increase the likelihood of errors. She also advised me not to contact customer service regarding this matter, as she believed the first loan modification would be automatically canceled once the request for the second modification was submitted. 

Following XXXXXXXX XXXX guidance, I did not respond to the initial loan modification offer. Unfortunately, despite my compliance with her instructions, the day that marked the final deadline to accept the modification also became the day my property was filed for foreclosure in court. 

When I raised this issue with XXXXXXXX XXXX supervisor, XXXX XXXX, I received no assistance, nor did she acknowledge the error. 

I firmly believe that the guidance provided by XXXX XXXX XXXX representative, XXXX, is the sole reason for my non-response, and as such, I hold XXXX XXXX and PHH Mortgage Services responsible for the resulting foreclosure action and destroyed my creditworthiness. 

To ensure that all parties are aware of this situation and to seek a fair resolution, I am copying this letter to the Office of the Attorney General of Florida, the Consumer Financial Protection Bureau ( CFPB ), the Florida Department of Financial Services, XXXX XXXX XXXX  XXXX XXXX and the Federal Housing Finance Agency ( FHFA ). I hope that by bringing this matter to their attention, PHH Mortgage Services will take the appropriate steps to rectify this situation and provide the necessary assistance.