Consumer complaint received 2020-06-22
Product: Debt collection — Mortgage debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Onity Group Inc. (TX)

By " monthly mortgage statement '' dated XX/XX/XXXX sent by mail from XXXX XXXX ( " XXXX '' ) c/o PHH Mortgage Services ( " PHH '' ) that is addressed to " Estate of XXXX XXXX XXXX '' with an alleged addressed at " XXXX XXXX XXXX, XXXX, NJ XXXX '', and sets forth : ( 1 ) on page 1 of 6, "  Loan number : XXXX '' ; " Payment Due Date : XX/XX/XXXX ; " Amount Due : {$250000.00} '' ; and under " Important Messages '' that " You are currently due for the XXXX payment. Your last full payment was applied to the payment due XXXX. " ; and ( 2 ) on page 5 of 6 a " ** Delinquency Notice ** '' addressed to the " XXXX of XXXX XXXX XXXX '' stating in relevant part that : " You are late on your mortgage payments. Failure to bring your loan current may result in fees and foreclosure - the loss of your home. Your loan became delinquent XX/XX/XXXX. '' A true and correct copy of the " monthly mortgage statement '' dated XX/XX/XXXX sent to me from XXXX and XXXX is enclosed hereto as Exhibit " A ''. 

The foregoing recitals within the " monthly mortgage statement '' from XXXX and XXXX dated XX/XX/XXXX is indicative of unfair, deceptive and unconscionable debt collection practices using the mail in violation of 18 U.S.C. section 1341 in an effort to extort monies from me towards the aforementioned loan number associated with my home in New Jersey, by : ( 1 ) falsely using the name of the " XXXX of XXXX XXXX XXXX '' that does not exist, has no interest in the subject property or subject account number. ; ( 2 ) demanding monies towards an already time-barred debt and mortgage debt that matured on XX/XX/XXXX by acceleration through foreclosure commenced under Docket No. : XXXX in the New Jersey XXXX XXXX on the same day by late husband died ( XX/XX/XXXX ) and later dismissed XX/XX/XXXX. See a true and correct copy of the foreclosure complaint filed in Docket No. : XXXX on the same day my husband died, declaring acceleration of the subject account because of non-payment due on XX/XX/XXXX enclosed hereto as Exhibit " B '', and dismissal of the action as of XX/XX/XXXX enclosed as Exhibit " B-1 ''. ; ( 3 ) falsely declaring no payments were made for XXXX and the subject account became delinquent as of XX/XX/XXXX, when the complaint filed in the NJ XXXX XXXX by Litton Loan as an affiliate of XXXX and XXXX in Docket No. : XXXX on the same day my husband died ( XX/XX/XXXX ) declares under penalty of perjury that no payment were made towards the subject account since the installment due XX/XX/XXXX and the subject account became delinquent as of XX/XX/XXXX ( See Exhibit " B '' ). 

( 4 ) omitting and concealing the trial modification agreement offered by Litton Loan and executed by me on XX/XX/XXXX, requiring three payments of {$1900.00} for XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX that were all timely paid and cashed by Litton Loan, and the latter failed to permanently modify the transaction or apply payments to the subject account. A true and correct copy of the XXXX XXXX, XXXX trial modification and three timely made payments for {$1900.00} made to and cashed by Litton Loan for XXXX XXXX, XXXX, XXXX XXXX, XXXX and XXXX XXXX, XXXX totaling {$5700.00} is annexed hereto as Exhibit " C ''. 

( 5 ) omitting and concealing a total of {$10000.00} in payments that were made to and cashed by Litton Loan for the installments declared due towards the subject account on XXXX XXXX, XXXX ; XXXX XXXX, XXXX ; XXXX. XXXX, XXXX ; XX/XX/XXXX ; XX/XX/XXXX ; and XX/XX/XXXX. See Exhibit " D '' for a true and correct copy of the payments made to and cashed by Litton Loan towards the subject account for the months XXXX XXXX, XXXX through XX/XX/XXXX, XXXX ; and ( 6 ) omitting and concealing a total of {$5100.00} in payments that were tendered and presented to Litton Loan for the installments declared due towards the subject account on XX/XX/XXXX ; XXXX XXXX, XXXX ; and XXXX XXXX, XXXX that were returned by Litton Loan for several varying reasons, the middle of which instructed me to refer to my already deceased husband on the payment. A true and correct copy of the {$5100.00} in payments that were made to and returned by Litton Loan for the months XX/XX/XXXX through XXXX XXXX, XXXX are enclosed hereto as Exhibit " E ''.