Consumer complaint received 2024-12-11 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — An existing modification, forbearance plan, short sale, or other loss mitigation relief
Company: Ocwen Financial Corporation
State: FL

Complaint narrative:
Evidence submitted by PHH as part of its XX/XX/XXXX Response clearly shows PHHs failure to comply with borrower notification requirements by mortgage lenders and servicers, as per Florida Statutes ( Chapter 494 ) and national reporting requirements, as set forth in Consumer Financial Protection Bureau ( CFPB ), Regulation X, in the Real Estate Settlement Procedures Act ( RESPA ), specifically, General Servicing Policies, Procedures, and Requirements ( 1024.38 ), requiring the provisioning of timely and accurate information to borrowers and Early Intervention Requirements ( 1024.39 ) : Servicers must make early contact with borrowers who are delinquent on their mortgage payments. This includes providing information about loss mitigation options and how to avoid foreclosure. The latter includes responding to borrower inquiries and complaints and providing necessary disclosures. PHH has been void of the latter on all fronts. Details follow : PHH, in its XX/XX/year> response, states : We sent letters dated XX/XX/year>, XX/XX/year> and XX/XX/year>, about the status of the loss mitigation. Enclosed are the copies of these letters for review. 
What the above statement fails to address is that out of five ( 5 ) letters that were addressed and claimed to be sent by PHH, only one, the one dated XX/XX/year>, advising that the account was in default, Early Intervention Borrower Assistance was addressed to me and received. The other four ( 4 ), of critical importance as they contained time-sensitive information and options for borrower, were not addressed nor mailed to the borrower, a clear violation of process by PHH. Details about the letters that PHH submitted in its XX/XX/XXXX response follow : Letter XXXX : XX/XX/year> Important Information for Successor-in-Interest Addressed to and not received by XXXX, who is not a party to the mortgage and not personally liable for the same. 
Letter XXXX : XX/XX/year> We Received the Mortgage Assistance Application Additional Documents Are Required - Addressed to and not received by XXXX, who is not a party to the mortgage and not personally liable for the same. 
Letter XXXX : XX/XX/year> Important Information for Successor-In-Interest - Addressed to and not received by XXXX, who is not a party to the mortgage and not personally liable for the same. 
Letter XXXX : XX/XX/year> Additional Mortgage Assistance May be Available Please Contact Us for More Information Addressed to and not received by XXXX, who is not a party to the mortgage and not personally liable for the same. 
Letter XXXX : XX/XX/year> Early Intervention Borrower Assistance Addressed to and received by XXXX, the sole party/borrower to the mortgage and personally liable for the same. 
As evidenced by PHHs submission, PHH failed to notify XXXX, the sole party/borrower to the mortgage, prior to XX/XX/year>, thus inhibiting the borrower from available options that were listed in non-received correspondence to a non-party to the mortgage. 
As a borrower, I am entitled to receive timely and accurate notifications regarding any changes or updates related to my mortgage account. As PHHs evidence shows, it failed to address and mail the required notifications, which has caused significant inconvenience and confusion in my life. 
I have been harmed and have suffered damages in the form of Financial Penalties, Credit Score Impact ( my score took an XXXX point plus hit as a result of PHH inaccurate reporting of derogatory information about the account and one that is costing me monies as a result ), Foreclosure Risk, totally unnecessary and for which PHH is to be held fully accountable, as PHH failed to send me the required notifications that contained available loss mitigation options, increasing the risk of foreclosure and Emotional Stress created by the uncertainty and financial strain caused by non-existent timely communication that has led to this point, totally unnecessary, and one that has created significant emotional stress for this XXXX XXXX XXXX borrower and family. 
I am, once again, filing additional complaints with the Consumer Financial Protection Bureau and the State of Florida Office of Financial Regulation to expose what, based on PHH-provided evidence, is continued sheer abuse of borrower by an inept PHH who is blatantly failing to comply with mandated reporting and communication requirements. I intend to ensure my financial well-being and legal rights are not trampled by the unscrupulous actions of PHH. Timely and accurate notifications from PHH to my person would have avoided all of this, a totally unpleasant and taxing experience.

Independent of whether PHH has acted intentional or not, I will ensure that my rights and due process do not continue to be violated in any way, shape or form and will exhaust any and all legal venues to ensure our home will continue to be our home and if necessary, I will pursue legal action against any and all parties for failing to comply with notification requirements and ensure resulting legal and regulatory consequences. All to-date actions by PHH can easily be interpreted to be deceiving, inept, predatory, non-compliant at the state and federal level, disingenuous, dishonest and/or with the poorest and least empathetic of customer service. PHHs XX/XX/XXXX response provided the much-needed evidence that exposes how it totally and blatantly disregarded the mandated notification requirements, to the detriment of the borrower. 

Summary Written evidence submitted by PHH in its XX/XX/XXXX response, clearly and without a doubt, support the fact that PHH, through its representatives, employees, etc., blatantly failed to comply with State of Florida Office of Financial Regulation and Consumer Financial Protection Bureau communication and notifications requirements for mortgage lenders and servicers, all to the detriment and hardship of the borrower. PHH has ineptly turned a simple Temporary Hardship Forbearance Plan Agreement ( Plan ) into a living nightmarish XXXX.

Company response to consumer: Closed with explanation