Consumer complaint received 2020-06-18
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Onity Group Inc. (CA)

PHH Mortgage filed a Notice of Default in XX/XX/XXXX while not responding to a mortgage loan modification request and after multiple requests for a mortgage loan reinstatement amount in the month of XX/XX/XXXX. 

They are now assessing fees for over {$3900.00} related to the NOD and attaching them to the monthly mortgage statement after the mortgage loan was reinstated in XX/XX/XXXX. 

On XX/XX/XXXX, at XXXX, I called PHH Mortgage at ( XXXX ) XXXX ( Legal Dept. on my mortgage statement ) to reinstate my delinquent mortgage. The recording stated, due to unforeseen technical difficulties we are unable to connect you to a customer service representative. 

At XXXX I called PHH Mortgage during normal business hours at ( XXXX ) XXXX and the recording stated sorry, we are closed. 

On XX/XX/XXXX, at XXXX, XXXX and XXXX, I repeatedly called the legal dept. and main phone line on my mortgage statement ( XXXX ) XXXX and ( XXXX ) XXXX and recordings stated due to unforeseen technical difficulties we are unable to connect you to a customer service representative. 

At XXXX I called a number on PHH website ( XXXX ) XXXX and spoke to an agent. The agent informed me I had to get a reinstatement amount from the legal dept. and put me on hold. He was unable to reach the legal dept and said he would send them a request code for the reinstatement amount. 
He said it would take 3-4 days possibly even a week due to COVID-19. 

The agent said I would get the details of the reinstatement amount via email. He stated the reinstatement code would be good for 30 days and there would be no further fees or expenses added to the account. I did not receive the reinstatement information as promised. 

On XX/XX/XXXX, I received a letter dated XX/XX/XXXX, entitled " Early Intervention Borrower Assistance. '' The number given in the letter is ( XXXX ) XXXX and no live person answered that number. ( XXXX XXXX XXXX. ) A Notice of Default was filed 16 days ( XX/XX/XXXX ) after PHH Mortgage offered solutions in the Early Intervention letter dated XXXX. They did not give me an opportunity to reinstate my mortgage as reinstatement was an option on the letter. 

On XX/XX/XXXX, at approximately XXXX, I called the legal dept. at ( XXXX ) XXXX and recording said sorry we are closed. Then I called the number on my mortgage statement ( XXXX ) XXXX and the recording said unable to connect you to a customer service representative. ( See Attachment 2. ) At XXXX I spoke to Agent No. XXXX at a number found on the Internet of ( XXXX ) XXXX. She informed me the request was already sent to the foreclosure attorney on XX/XX/XXXX. She put me on hold to call the legal dept. but she was unable to reach anyone. Agent stated, multiple requests have been sent but the foreclosure attorney is not responding. 

PHH Mortgage Agent said she would send the request to the foreclosure coordinator. The agent put another request in for a reinstatement code. I never received a reinstatement amount. 

On XX/XX/XXXX, I emailed PHH Home Retention Dept. at XXXX requesting reinstatement amount and where to pay. No response. ( See Attachment 3. ) XX/XX/XXXX, I received several certified letters dated XX/XX/XXXX, entitled Immediate Action is Required To Avoid Foreclosure. 

XX/XX/XXXX, at XXXX, I emailed PHH Home Retention Dept. at XXXX again requesting a mortgage reinstatement amount. I got no response. ( See Attachment 4. ) XX/XX/XXXX, at XXXX, I finally received a Mortgage Reinstatement Quote and was able to wire transfer the amount needed to reinstate my mortgage. This was after the XXXX XXXX County ConsumeXXXX Department called on my behalf. ( See Attachment 5. ) The assessed fees associated with the Notice of Default decrease and increase each month. On XX/XX/XXXX, the amount was {$3600.00}. ( See Attachment 6. ) XX/XX/XXXX mortgage statement shows assessed fees and charges associated with Notice of Default as {$2300.00}. ( See Attachment 7. ) An additional XX/XX/XXXX mortgage statement shows assessed fees and charges associated with Notice of Default as {$2600.00}. ( See Attachment 8. ) XX/XX/XXXX mortgage statement shows assessed fees and charges associated with Notice of Default as {$3900.00}. ( See Attachment 9. ) My Homeowners Bill of Rights was Violated : There was no foreclosure avoidance assessment A mortgage loan modification was submitted on XX/XX/XXXX. I never received a response. PHH engaged in dual tracking. 
PHH Mortgage filed a Notice of Default on XX/XX/XXXX. That was 16 days after they mailed an Early Intervention Borrower Assistance letter dated XX/XX/XXXX. I did not actually receive that letter until XX/XX/XXXX. PHH Mortgage did not give me an opportunity to act on the Early Intervention options even though I attempted multiple times to get a mortgage reinstatement quote prior to them filing a Notice of Default. 
PHH Early Intervention Borrower Assistance letter contains a contact number of ( XXXX ) XXXX that they did not answer or allowed for a voicemail message to be left. 
I did not speak to anyone at PHH Mortgage prior to the Notice of Default being filed. PHH Mortgage failed to send a certified letter to provide me a way to contact them in a timely manner, including a toll-free telephone number that not only worked but would have provided access to a live representative during business hours prior to them filing a Notice of Default.

PHH Mortgage misrepresented their contact numbers on the mortgage statements in XX/XX/XXXX and on the Early Intervention letter dated XX/XX/XXXX. Not one of the numbers, including the legal department number, were answered. Additionally, the numbers did not connect me to a voicemail or human representative that includes the Toll-free number : XXXX and the Legal Department number : XXXX. 
Notice of Default filed 7 days after I attempted to bring mortgage current by requesting a mortgage reinstatement quote. 
The Legal Department refused to give me a mortgage reinstatement quote in a timely manner to avoid a Notice of Default being filed. 
Notice of default was filed prior to PHH completing due diligence required by Bill of Homeowners Rights, even though PHH Mortgage check-marked and signed the California Declaration of Compliance stating they did exercise due diligence. ( See Attachment 10. ) California Civil Code section 2923.5 requires lenders to contact the borrower in person or by telephone to assess the borrowers financial situation and explore options for the borrower to avoid foreclosure, 30 days before recording a Notice of Default against a property. PHH Mortgage did not exercise due diligence. 
On XX/XX/XXXX, I received a letter dated XX/XX/XXXX, from PHH Mortgage apologizing for the delay in response to my request for the mortgage reinstatement quote. As you can see from the envelope, the post-mark is dated XX/XX/XXXX. ( See Attachment 11. )