Consumer complaint received 2016-01-22
Product: Mortgage — Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account — 
Company: PHH Mortgage Services Corporation (CA)

Hi, PHH services our main mortgage. The original owner of the loan that we took on in XXXX was from XXXX XXXX, but since that time, the loan has been sold several times and now resides with PHH. We were making payments just fine until I lost my job and we had to declare chapter XXXX bankruptcy. We filed in XXXX and the bankruptcy was discharged in XXXX. I think it stays on our credit report for 10 years. Ever since we bought the house, all payments were made. However, when my income ultimately was cut in half, we sought a loan modification to reduce our payments. Since XXXX, we have tried to work with PHH, but they have lied, misrepresented the situation, refused to return calls, sent us in different directions and more. It is our feeling that PHH has broken the following XXXX federal laws : XXXX federal laws : Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, and Truth in Lending Act. However, my husband and I are not lawyers and ca n't afford one to help. 

Somehow, we were able to keep the house. 

Now, in XXXX, XXXX XXXX has be wonderful. They have excellent customer service and think that we can refinance with an FHA loan. However, we have met several obstacles from PHH. First, PHH would n't release our information. Then, when I was on a conference phone call with PHH and XXXX, PHH said at first that we were " current '' on our mortgage. XXXX then asked, " are there any 30 day lates? '' PHH then told XXXX that my husband and I had 30-day-lates every month since XX/XX/XXXX. That conference call was the first time I was alerted to the situation. 

After the conference call, my husband and I immediately contacted PHH to discuss this issue. Understandably, FHA will not issue a loan with this many lates. Increasing the complexity of the problem is that PHH has n't officially reported any of these lates to the credit companies. According to PHH, my husband and I missed one payment ages ago in XXXX. That was a mistake and we got confused as we were trying to to apply for a loan modification, which PHH denied, refused, lied about during the whole process. At any rate, we missed a single payment, but all the payments following the next five years, PHH claims via conference call that we are 30-days late. Every one! 

We are in the process of requesting that PHH document that yes, we missed a single payment in XXXX, but we are currently addressing it, but that we in fact have made every payment on time since XXXX. 

PHH has started the avoidance games again and wo n't return calls or meet promised appointments. I have sought legal advice, but ca n't afford the money to sue, or the time lost to launch a lengthy civil matter. 

In my family 's read of the situation, PHH is negligent and guilty of many violations of lending and credit laws. We just want to refinance with the FHA loan and keep our house. 

By the way, XXXX, who services our second mortgage has excellent customer service and we were able to secure a modification to that loan. I have no idea why PHH continues to act this way. 

In an additional side note -- During a lengthy email back-and-forth, PHH said that we were supposed to work with a specific agent. However, we could not reach that person by phone or email for more than 9 months ( this was XXXX ). During that time, several " supervisors '' played hot potato, dodging our calls. At one point, we received communication from PHH indicating that the agent was either deceased or no longer with the company. Then, several months later, this same agent, who we believed was dead, called me to chat as though nothing had transpired and she did n't disappear for 9 months. It was infuriating. 

Any help is much appreciated. We just want to refinance and conclude relations with this company.