Consumer complaint received 2020-07-13
Product: Debt collection — Mortgage debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Onity Group Inc. (TX)

By way of 17 packages forwarded by mail to New Jersey address, true copies of the envelopes are enclosed hereto as Exhibit A, XXXX XXXX ( XXXX XXXX ) c/o PHH Mortgage Services ( PHH ) : 1.  Continued its practice of falsely addressing the Estate of XXXX XXXX XXXX as displayed on page one the communication dated XX/XX/XXXX enclosed hereto as Exhibit B when, at all relevant times, my husbands name was never XXXX XXXX XXXX and my husbands estate has no rights to the subject property by operation of N.J.S.A. XXXX upon his death on XX/XX/XXXX. 

2. On page two of said communication dated XX/XX/XXXX, XXXX XXXX and PHH falsely responded to my complaint regarding the XX/XX/XXXX trial modification for the subject account by enclosing an alleged denial letter from Litton Loan dated XX/XX/XXXX annexed hereto as Exhibit C, that is addressed to my already deceased husband ( as of XX/XX/XXXX ) and declares in relevant part that : you failed to properly endorse or notarize the original Loan Modification Agreement and / or return the required funds, and the time frame to complete the modification has expired.. I, however, aver that the foregoing letter constitutes mail fraud in violation of 18 U.S.C. section 1341 because : ( i ) I do not recall receiving any such communication from Litton Loan and hereby demand proof of mailing ; and ( ii ) the letter communications from my prior attorneys at XXXX XXXX XXXX XXXX, XXXX. ( Attorneys XXXX ) dated XX/XX/XXXX and XX/XX/XXXX enclosed hereto as Exhibit C1 confirms communications with Litton Loan wherein the latter received my XX/XX/XXXX and XX/XX/XXXX trial modification payments along with an executed agreement as demanded by Litton Loan without any objections or refusals based upon an alleged lack of acknowledgment. 

3. On page two of said communication dated XX/XX/XXXX, XXXX XXXX and PHH acknowledged the foreclosure action commenced by Litton Loan the same day my husband died on XX/XX/XXXX under Docket No. : XXXX and the acceleration of the underlying mortgage loan because of non-payment for XX/XX/XXXX. A copy of the complaint filed the same day my husband died  on XX/XX/XXXX under Docket No. : XXXX and the voluntary dismissal of the action filed on XX/XX/XXXX are enclosed hereto as Exhibit D. 

4. On page two of said communication dated XX/XX/XXXX after acknowledging the aforementioned action commenced by Litton Loan the same day my husband died  on XX/XX/XXXX under Docket No. : XXXX, XXXX XXXX and PHH proceeded by stating the subject account was referred to foreclosure on XX/XX/XXXX because the account was past due for the XX/XX/XXXX, which is a false and deceptive statement because : ( i ) as of the alleged foreclosure referral on XX/XX/XXXX, the subject account was already in an active foreclosure under Docket No. : XXXX wherein Litton Loan declared a default as of XX/XX/XXXX ; ( ii ) no payments were made by my late husband and I for the months due XX/XX/XXXX through XX/XX/XXXX while my husband was still alive ; ( iii ) no payments were made by me after my husbands death on XXXX for the months due XXXX through XXXX ; and ( iv ) I forwarded Litton Loan approximately {$21000.00} in mortgage payments for the months XX/XX/XXXX through XX/XX/XXXX, with Litton Loan cashing approximately {$16000.00}, true copies of which are enclosed hereto as Exhibit E. 

5. On page two of said communication dated XX/XX/XXXX, XXXX XXXXXXXX and PHH proceeded by stating they are represented by XXXX XXXX XXXX XXXX Attorneys XXXX ) in Docket No. : XXXX wherein Attorneys XXXX have yet to declare themselves to be counsel for XXXX  XXXX and PHH in the aforementioned foreclosure action and neither XXXX XXXX or PHH are parties named in the aforementioned foreclosure action. 

6. On page two of said communication dated XX/XX/XXXX, XXXX XXXXXXXX and PHH reference to an alleged Litton Loan Payment History and Ocwen Payment Reconciliation History ( PRH ) that are enclosed hereto as Exhibit F, both of which are defective and false upon : ( i ) the Litton Loan history is out of sequence, provides an incomplete history for dates in the year XXXX through begins XX/XX/XXXX, while omitting all payments of principal and interest that I made from the inception of the subject account through XX/XX/XXXX ; and ( ii ) the Ocwen history starts as of XX/XX/XXXX, while omitting all payments that I made from the inception of the subject account through XX/XX/XXXX. 

7. On page three of said communication dated XX/XX/XXXX, XXXX XXXXXXXX and PHH falsely and deceptively declared that : As of the date of this letter, the account is past due for XX/XX/XXXX payment., which : ( i ) falsely implies that payments were made by my late husband and I for the months due XX/XX/XXXX through XX/XX/XXXX while my husband was still alive ; ( ii ) falsely implies that payments were made by me after my husbands death on XX/XX/XXXX for the months due XX/XX/XXXX through XX/XX/XXXX ; and ( iii ) conceals approximately {$21000.00} in mortgage payments for the months XX/XX/XXXX through XX/XX/XXXX that I forwarded to Litton Loan wherein approximately {$16000.00} of those payments were cashed ( See Exhibit E ). 

8. XXXX XXXXXXXX and PHH enclosed with their communication dated XX/XX/XXXX, a note instrument certified to be a true copy of the original signed by my husband on XX/XX/XXXX in favor of XXXX XXXXXXXX XXXX  XXXX ( XXXX XXXXXXXX XXXX ) as the lender, wherein : ( i ) I aver that some authored and forged by husbands name, alleged signatures and initial displayed throughout the instrument ; and ( ii ) the instrument remains payable to XXXX XXXX XXXX without any indorsements. A copy of the un-indorsed not instrument forwarded to me by XXXX XXXXXXXX and PHH along with the Notice of Right to Cancel communication that follows the last page of the note instrument enclosed within the XX/XX/XXXX letter is annexed hereto as Exhibit G. 

9. XXXX  XXXX and PHH enclosed with their communication dated XX/XX/XXXX, an instrument titled XXXX XXXX XXXX XXXX  annexed hereto as Exhibit H that is defective ( at best ) and a forgery ( at worst ) because : ( i ) XXXX XXXXXXXX XXXX, XXXX. as the alleged successor by merger to XXXX XXXX XXXX. fka XXXX XXXX XXXX, as the alleged Trustee under a purported Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX with an alleged address of XXXX XXXX XXXX XXXX, FL XXXX is misrepresented to be the assignor of my mortgage without any mention of a transfer of the note, and the alleged transfer would constitute tax fraud in violation of 26 U.S.C. 860 et seq. ; ( ii ) XXXX XXXX XXXX XXXX as the alleged successor in Interest to XXXX XXXXXXXX XXXX XXXX XXXX as the alleged successor by merger to XXXX XXXX XXXX as the alleged trustee for XXXX XXXX XXXX Mortgage Pass-Through Certificates, Series 2007-NC1 under the alleged care of PHH Mortgage Corporation at  XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX, is falsely declared the assignee of my mortgage ( without any mention of a transfer of the note ) on XX/XX/XXXX, which further constitutes tax fraud in violation of 26 U.S.C. 860 et seq., and there is no proof of agency to ascertain PHH Mortgage Corporation was given a power of attorney from XXXX XXXX XXXX XXXX ; ( iii ) the alleged date of transfer on XX/XX/XXXX is after the foreclosure action under Docket No. : XXXX was commenced on XX/XX/XXXX ; ( iv ) the name and alleged signature of XXXX XXXX XXXX as the alleged Assistant Vice President for XXXX   XXXX XXXX, XXXX. as the alleged successor by merger to XXXX XXXX  XXXX. fka XXXX XXXX XXXX, as the alleged Trustee under a purported Pooling and Servicing Agreement dated as of XX/XX/XXXX, XXXX XXXX XXXX constitutes the crime of fictitious name in violation of 18 U.S.C. section 1342 and forgery because, at all relevant times, XXXX XXXX XXXX was employed by Ocwen and / or PHH along with the Florida Notary Public XXXX XXXX rendering the latters acknowledgement false. 
Separate and aside from the foregoing false and deceptive statements, and false evidence enclosed within the XX/XX/XXXX communication from XXXX XXXXXXXX and PHH, the foregoing parties along with XXXX XXXX continued to illegally demand monies using false and / or forged evidence for the subject account that became time barred under N.J.S.A. XXXX, XXXX ( a ) and XXXX as of XX/XX/XXXX because of the acceleration pursuant to N.J.S.A. XXXX as declared within the foreclosure complaint filed the same day my husband died on XX/XX/XXXX under Docket No. : XXXX ( See Exhibit D ). 

Furthermore, XXXX XXXX and PHH continue to deceptively ignore by not answer by request and demands by communication dated XX/XX/XXXX that is enclosed hereto as Exhibit XXXX and made pursuant to the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1962 ( g ) ) ; N.J.S.A. 12A:3-308 ; the Real Estate Settlement Procedures Act ( RESPA ) ( 12 U.S.C. 2605 ( e ) ) and the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 et seq. ) ; and 15 U.S.C. 7021 ( f ). 

Lastly, XXXX XXXX and PHH continue to document and prove their right to enforce and foreclose upon the subject account when XXXX XXXX XXXX was the original lender and became a bankruptcy debtor as of XX/XX/XXXX in the U.S. Bankruptcy Court for the District of Delaware under Case No. XXXX ( XXXX  ).