Consumer complaint received 2019-04-10
Product: Mortgage — Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — 
Company: PHH Mortgage Services Corporation (FL)

DUAL-TRACKING COMPLAINT Dear Sir or Madam ; This complaint is about PHH Mortgage Services and XXXX XXXX XXXX XXXX illegal practices while allegedly providing Loss Mitigation service to a home owner in distress. 
The following brief background may be appropriate. XXXX XXXX XXXX ( XXXX : XXXX ) ( XXXX or the Company ), a leading financial services holding company, announced on XX/XX/XXXX the completion of its acquisition of PHH Corporation ( PHH ), a mortgage platform with established servicing and origination recapture capabilities, effective immediately for approximately {$360.00} XXXX in cash or {$11.00} per diluted common share. 
The close of this acquisition marks a new chapter in our history, and creates a strong non-bank mortgage servicer, positioned for growth, and better able to serve borrowers and loan investors, commented XXXX XXXX, Chair of XXXX Board of Directors. The newly combined company, as of XX/XX/XXXX, services approximately 1.7 million loans with an unpaid principal balance of over {$290.00} billion. In XXXX, the combined company originated more than {$3.00} billion of residential mortgage loans including reverse mortgages. 
In connection with the completion of the acquisition, PHH did become a wholly-owned subsidiary of XXXX and the common stock of PHH was delisted from the New York Stock Exchange. 
Accordingly, PHH Mortgage Services ( PHH ) and XXXX XXXX XXXX XXXX ( XXXX ) are sister companies and subsidiaries of XXXX XXXX XXXX, a financial services holding company which, through them services and originates loans. 
OnXX/XX/XXXX, I XXXX XXXX the person making this complaint hired XXXX XXXX XXXX. from XXXX XXXX XXXX to represent him for a Loan Modification with XXXX. The house in question is located at XXXX XXXX, XXXX XXXX XXXX FL XXXX By XX/XX/XXXX the application papers were already completed and sent to XXXX for consideration. 
OnXX/XX/XXXXa Trial Modification proposal was approved and sent to my attorney for review and considerationXX/XX/XXXX was the deadline to accept or reject XXXX offer. 
After consulting with my attorney, onXX/XX/XXXX we rejected the offer and called XXXX to review their offer and request a consideration on the amount of the new monthly payment. The reason to not accept the proposal was that the propose Mortgage payment was a little too high in relation to my income. We try to explain XXXX that accepting that payment would put the property in foreclosure again very soon. XXXX only response was that the servicing of the loan was transferred in the middle of the loan modification to its sister company PHH Mortgage Services and that any further communications needed to be conducted with them. 
On XX/XX/XXXX we finally got a confirmation that the Loan was transferred to PHH and that we needed to wait until the process to transfer was completed. 
On XX/XX/XXXX we finally got a green light to proceed with a new application to request a Modification from PHH. ( Exhibit 1-4 pages ) In the middle of the process I received a Letter from XXXX, PHH, or XXXX XXXX Attorneys from XXXX, XXXX XXXX XXXX filing a Motion with the Court requesting a date for a XXXX sale of my home. The Motion was dated XX/XX/XXXX ( Exhibit Page 1 and Page 2 ( dual tracking ). The hearing took place on XX/XX/XXXXand my home is schedule for sale for XX/XX/XXXX. 
On Thursday XX/XX/XXXX we finally sent a complete Modification PACKAGE as requested and agreed upon to PHH. PHHs review only took 2 days Friday and Monday. Application was denied by XX/XX/XXXX. 
OnXX/XX/XXXX, I receive a letter from PHH datedXX/XX/XXXX denying my request for a loan Mortgage Modification ( EXH last page 7 ). The reason was that, I entered into a Trial Modification within the last 12 months. The Trial Modification gave me untilXX/XX/XXXXto accept the offer, but as stated before I rejected the offer on XX/XX/XXXX. 
It seems that they never intended to approve any Modification and that PHH acted in bad faith in dealing with me because at the same time we were working on a Modification PHH was working on scheduling the sale of my home. 
OnXX/XX/XXXX, my attorney timely appeal and requested PHH to review my application for a loan modification due to the fact that I never failed to meet the terms and conditions of the trial plan as I never accepted them from XXXX. Also, my attorney requested that PHH provide the terms and conditions for PHH loan modifications since they were claiming that I dont qualified because I rejected an offer in the previous 12 months. 
Today,XX/XX/XXXXmy attorney received an email from PHHXXXX denying the Appeal. 
This Complaint is a formal request to you, the CFPB, to review PHHXXXX Loan Modification program and mediate in the resolution of this matter so I may be able to keep my home. 
Sincerely XXXX XXXX