Consumer complaint received 2025-02-28 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Escrow, taxes, or insurance
Company: Ocwen Financial Corporation
State: GA

Complaint narrative:
responsibilities and obligations under the laws governing mortgages in the State of Georgia, specifically regarding the property located at XXXX, XXXX, GA XXXX. As the servicer of the mortgage on this property, you are legally required to comply with certain duties and ensure the protection of the propertys value and the uninterrupted provision of essential services to the resident ( s ) of the said property.

1. Protection of Property Value and Maintenance Under Georgia Mortgage Laws, including but not limited to O.C.G.A. 44-14-162.2 and related statutes, mortgage servicers are required to take necessary steps to ensure that the value of the mortgaged property is protected. This includes maintaining the condition of the property and addressing any issues that may threaten its value, such as damage to common areas, deferred maintenance, or failure to provide necessary services to the residents of the property.

Failure to uphold these obligations could result in a degradation of property value, leading to financial harm to the homeowner and a potential breach of the mortgage servicers fiduciary duties.

2. Provision of Essential Services As the mortgage servicer for the above-listed property, PHH Mortgage Services is responsible for ensuring that all essential services, including utilities such as water, sewage, and electricity, are provided in accordance with state law and contractual obligations. This includes ensuring that the homeowner or tenant does not experience disruptions in services that are necessary for their well-being and the habitability of the property.

Georgia law, including statutes such as O.C.G.A. 44-7-13, dictates that landlords and property managers, as well as mortgage servicers, must maintain essential services. If there is any interruption of service ( such as water or heating ), the mortgage servicer is obligated to address such issues promptly, ensuring compliance with both state and local housing regulations.

3. Compliance with State Laws Regarding Payment and Foreclosure As outlined under Georgia Mortgage Law and further detailed in the Georgia Fair Lending Act, PHH Mortgage Services is required to take action to prevent mortgage delinquencies and foreclosures, and ensure that all service payments are made promptly to keep essential services active. Additionally, PHH Mortgage Services is required to inform homeowners of their rights regarding any service disruptions or financial obligations associated with the property.

Mortgage servicers must also follow the legal process for addressing non-payment or any potential foreclosure actions, ensuring compliance with Georgias foreclosure laws, particularly those in O.C.G.A. 44-14-160 et seq.

4. Request for Immediate Action Given that essential services have been impacted, we request that PHH Mortgage Services take immediate action to ensure : The restoration of services, including water, sewage, and any other essential utilities for Property, XXXX, GA XXXX. 
Maintenance or repairs of any property elements that affect the value or habitability of the unit. 
Compliance with the legal duties to preserve property value, habitability including the avoidance of foreclosure actions unless in strict compliance with the applicable Georgia laws. 
Failure to comply with these responsibilities will result in further legal action to protect the interests of the property owner ( s ) and ensure the enforcement of Georgias housing and mortgage regulations. Thank you

Company response to consumer: Closed with explanation