Consumer complaint received 2024-01-25
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Lien release
Company: Onity Group Inc. (MD)

XX/XX/XXXX - received letter from XXXX XXXX XXXX notifying me that he was the tax lien holder on unpaid property taxes associated with XXXX XXXX XXXX XXXX ; learned via the XXXX XXXX XXXX XXXX XXXX website that my property had a tax lien on my property for XXXX. 

Note : PHH Mortgage Corporation was also identified on the notification. 

XX/XX/XXXX and XXXX - spoke with two separate representatives at PHH who confirmed property tax payments had been disbursed on the following dates- XX/XX/XXXX : tax disbursement {$1600.00} XX/XX/XXXX : tax disbursement {$1600.00} XX/XX/XXXX - speak with someone from the XXXXXXXX XXXX XXXX XXXX who informs me that the unpaid bill is for a supplemental assessment that was done. I explained that I never received any notification about an assessment and asked how I could obtain a copy. The individual explained Id have to request it in writing to the XXXX XXXX XXXX which I did immediately. I sent my request via priority mail. 

XX/XX/XXXX - I contacted the XXXX XXXX XXXX XXXX again to inquire how to get this resolved and find out that it wasnt a supplemental assessment that was conducted ; rather it was the second payment for the annual property tax for XXXX that wasnt paid. I explained that two separate PHH representatives confirmed that both payments had been made. They stressed that Id need to go back to PHH to get this resolved and since fees were being accrued on the alleged unpaid taxes, that I should pay the lien holder, have him provide a release within days to avoid further issues and foreclosure. 

XX/XX/XXXX- I contacted XXXX XXXX XXXX to request his fees associated with the lien ; he responds and informs me I owe {$780.00} which I sent via certified check the same day. 

XX/XX/XXXX - I contacted PHH again to see if I can obtain any additional information/understanding about why the XXXX XXXX XXXX XXXX insists that the second payment was not received. A PHH representatives informs me of the following- XX/XX/XXXX : tax disbursement of {$1600.00} was paid via wire transfer XX/XX/XXXX : tax disbursement of {$1600.00} was paid via check ( specifically check XXXX XXXX  ) XX/XX/XXXX : CHECK XXXX XXXXXXXX WAS RETURNED IN THE AMOUNT OF {$1600.00} for overpayment/tax refund according to PHH XX/XX/XXXX XXXX I contacted the XXXX XXXX XXXX XXXX and spoke with XXXX XXXX XXXX XXXX XXXX who explained the payment was returned because they only accept wire transfers ; not checks. 

XX/XX/XXXX - I received an email from PHH that my payment of {$780.00} was applied on XX/XX/XXXX which confused me because I paid the lawyer {$780.00} to release the lien prior to understanding the second half of the payment for the annual property bill was returned to PHH. 

XX/XX/XXXX - I contacted PHH and spoke with an escalation manager, XXXX, and explained what has taken place. XXXX was patient and understanding of my frustration and asked me to email him the current tax lien bill ( which again, is accruing interest every day ) and he would follow up with the tax department. I explained the urgency in getting this resolved, as theres only a 10 day window to get the outstanding taxes paid to avoid further action being taken. I also stressed that I wanted to receive the money I paid the lawyer to release the lien since I now understood all of this occurred because PHH had not reissued payment thus allowing my property to enter into a tax lien sale. XXXX stated that a check was sent for those fees to which I responded that I had yet to receive this check and asked where it was sent. He said hed look into it once the tax issue was resolved. 

Its unclear to me, why the tax team at PHH has determined that I am responsible for this bill when its been determined the payment was returned because PHH sent it via a check. Since the check was returned and NO payment was issued in any other matter to satisfy the bill ; my property is now in danger of being foreclosed on through no action on my part. Ive done my best to try to understand how something like this could occur. Every conversation Ive had with a representative at PHH has just led to additional questions such as- Why does my escrow account not reflect the amount of the returned check? 
Why was I not notified that the payment was returned? 
Why is the payment I made from my personal funds ( {$780.00} ) applied to my escrow account when it should be returned to me? 

XX/XX/XXXX - I received notification that PHH had paid the outstanding tax bill. I then inquired again about when I can expect to receive payment for the funds I sent XXXX XXXX XXXX to release the lien. The representative informed me that it looks like the payment was sent to the lawyer ; not to me as I was previously informed by XXXX. 

XX/XX/XXXX - I contacted XXXX XXXX XXXX to ask if in fact hed received two separate payments for his fees to release the lien. He explained the only payment he received was from me and sent me a copy of the certified check I mailed to him. I forwarded this email to XXXX and once again asked when I could expect to receive the money back for this payment. 

XX/XX/XXXX- XXXX called to inform me the {$780.00} had been placed in my escrow account because I had a negative balance. I again asked why that money would be placed there rather than sent to me as Id paid this money out of my personal funds and restated the request that the money be sent to me. XXXX explained that hed check with the tax department and get back with me. 

XX/XX/XXXX - I received an email stating per the PHH Tax Department that since you paid the attorney fee to obtain the payoff to pay for the lien can not be refunded. 

Discrepancies- I was initially informed that a check for {$780.00} had been sent to me I was then informed that the check was instead sent to XXXX XXXX XXXX XXXX who denied receiving said check. 
Im now informed that I can not receive the money back.