PHH Mortgage Services Corporation

2019-03-02

Philadelphia, PA

Closing on a mortgage

Mortgage: Conventional home mortgage

Complaint: I got my home in XXXX with a 30 year mortgage from PHH. I never missed a payment. Then my XXXX year old had a XXXX XXXX outside of the country and no insurance to cover. I had to use every penny I had for XXXX and XXXX. I fell bacj on one payment and called PHH to ask what can I do? They told me to do a loan modification. I was happy then but come to find out they added 22 years on the life of he loan. Thus instead of maturing in XXXX its XXXX. Then in XX/XX/XXXX I received a letter stating that my mortgage has been transfered over to XXXX without my consent.
Company Response: Closed with explanation

Timely Response

2019-03-01

MA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I have fallen behind by 85 days. While attempting to contact XXXX XXXX XXXX to make a payment, I had been informed I'm now affiliated with PHH mortgage. I tried to open an online account. it was impossible. -I then received a letter dated 2 weeks previous of the current date. I attempted to call the phone number for a days. The have given me a phone number of XXXX, extension XXXX XXXX XXXX. He does not answer the phone and does not have voicemail. It also says on the paperwork to press 0 and another case manager will assist. I have tried 25 times and no one answers. I would like to utilize the 90 option to get caught up. I believe PHH mortgage avoids answering the phone and blocks us from registering an online account to push customers into default. Im trying to register online to make the payment, Ive called and called to make a payment, they will not answer they will not respond please help! I cant open an online account for some odd reason, I cant get a representative. Its not fair, they are not responding. This is unaccetable cusomer service at the least and possible FRAUD
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2019-03-01

Santa Ysabel, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: 2nd complaint against this servicer in past week. This complaint is different than the first. The company has failed to pay my county property tax which was due 4 weeks ago, yet have other {$3000.00} in escrow account.
Company Response: Closed with explanation

Timely Response

2019-02-28

Smithfield, NC

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Timely Response

2019-02-27

Cheverly, MD

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

Complaint: Complaint - PHH Mortgage Service I am communicating this complaint in regards to a Refinance cash out of an investment property which started the week of XX/XX/2019 from XXXX XXXX who then completely went over all of my required information and verified my reserves of {$17000.00}, before moving to XXXX XXXX on XX/XX/2019. Mr . XXXX further processed my application. During this process, and procedure all information was again verified and approved before submitting the verifications of reserves funds with the under writer department. Remember in the beginning, I was already verified for having {$1700.00} in reserves which was required, however the underwriter department requested {$30000.00}. Now this seem strange and all of sudden, I asked XXXX XXXX to have underwriter to go over their numbers again because I knew the amount was {$17000.00}, which they did. The next day, it was confirmed {$17000.00}. Well this brought red flags with me in believing they was not processing my application fairly. Then the underwriters department asked to verified my reserves which I used the information which Mr. XXXX used, my bank savings accounts, my XXXX XXXX investment plan as well as my XXXX XXXX account. Underwriters came back and said they could not use the XXXX account nor the XXXX XXXX account, stating they do not grant credit to any terms and conditions requested. The terms and condition they were talking about is the disclosure statement showing that I am the account Holder irregardless of others on the account and if I ever needed the funds I would be penalized for 10 % plus State and Federal Tax prematurely which would not have an affect on them just me. This is standard on any IRA, Roth, retirement savings etc. They opted for this, without stating the guidelines under XXXX XXXX or XXXX XXXX, to justify. So I researched the Guidelines, and it stated funds that can not be withdrawn under circumstances owners retirement, employment termination, or death can not be counted as part of the borrowers reserves. Their guidelines listed whats acceptable source of reserves and Unacceptable source of reserves. In orders words the XXXX investment plan can be used and they decided on their own not to. Unacceptable. Retraining is needed here. Further, I have been with this company for many years and they handled two of my loans if a company, cant satisfy their customers fairly then customers dont need their servicing because of unfair practices. I hereby request an investigation into PHH mortgage Loan process particularly their underwriters department in processing refinance loans and the reserves verification.
Company Response: Closed with explanation

Timely Response

2019-02-27

Mc Farland, WI

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: On XX/XX/XXXX we were informed by letter that XXXX XXXX XXXX had sold our mortgage to PHH Mortgage Services. We were given a new phone number and account number for our loan ( see attached letter. ) It is now XXXX. We owed less than {$7000.00} on the mortgage. XXXX had always been wonderful. Immediately upon receiving the PHH letter on XX/XX/XXXX, I called to make sure that they would continue to take out our payment of {$400.00} automatically. We are paying extra each month to pay off the mortgage earlier. It took me 3 or 4 phone calls to get through their menu system and reach a person. I could only do that because I hit the button for beginning a new mortgage.I explained the issue and that we'd paid {$1000.00} recently. I was assured they would take money out automatically, just like before I explained we were trying to pay it off asap ; she seemed sympathetic and understanding about this.. My husband and I paid {$1000.00} extra in XXXX to XXXX before PHH took over. It was cashed XX/XX/XXXX. On XXXX we received a letter that stated that their " records show that the account is currently paid ahead. The monthly payment that is automatically drafted from a designated financial institution will continue, however, please note that PHH will only begin drafting the monthly payment once the account is no longer paid ahead. '' We called on XX/XX/XXXX at XXXX XXXX upon realizing that they had NOT taken out the XXXX payment as promised. After 24 minutes, XXXX talked to someone who said we could only change the payment every month by changing the withdrawal amount. He was frustrated at their lack of help because they refused to take out the {$400.00} for XXXX ( as promised ) and thus we owe more in interest than we should. The phone call ended abruptly - all of a sudden the line went dead.
Company Response: Closed with explanation

Timely Response

2019-02-27

Lawncrest, PA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-02-26

Santa Ysabel, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: Effective XXXX, my loan was transferred from XXXX to PHH Mortgage Services. As of XX/XX/XXXX, I received a letter on XX/XX/XXXX dated XX/XX/XXXX/19 from PHH that my loan was transferred and how I could pay. Mail should not take 2 weeks so they must have backdated the letter. My complaint is that I have received no actual statement from PHH and payment is due in 3 days. I attempted to call customer service ( XXXX ) XXXX multiple times and got a busy signal. I will send payment in mail tomorrow even though I have no payment stub. I will not do mortgage business online if offered ; and I expect statements to be mailed in time according to laws and common practices, which historically has been at least 10 days prior to due date.
Company Response: Closed with explanation

Timely Response

2019-02-23

Belle Haven, VA

Struggling to pay mortgage

Mortgage: VA mortgage

Complaint: The loan modification application that was ordinally approved on XX/XX/XXXX. The two copies of the approved loan modification agreement I received required my husband and I to have a notarized signature and return copies back to XXXX. I called XXXX to confirm which letters had to be mailed and was told both letters were to be mailed and they would return a copy after it was signed by XXXX. On XX/XX/XXXX, I called XXXX to ask when I was going receive one of the notarized letters back and was told there as a problem with Title. XXXX gave me detailed information regarding judgements on the title and was told I needed to reach out to the city and have the title issue resolved myself. The information XXXX provided about the judgements was not me and my husband. Also, XXXX told me the city was responsible for providing me with information that the tilte was clear. Specifically, XXXX stated the city should provide a clearing letter. Once the city provided the letter, I was to send that letter to XXXX. I called the City of XXXX and was told this was not a service they provided. However, the city representative did look to confirm if there were judgements on the title regarding the information, I was given by XXXX. The representative confirmed there wasnt any judgements on the title in name of my husband nor in my name, but she could not give a clearance letter to provide to XXXX. On XX/XX/XXXX, I called XXXX to give them the message I received from the City. The representative from XXXX insist the city had to provide a letter. Also, I asked if the modification was still on track and if the first payment was still due on XX/XX/XXXX. The representative confirmed to me that everything was still on track and the 1st payment was due on the XX/XX/XXXX. As I was instructed to do, the XX/XX/XXXX payment was submitted. However, the payment was returned which caused me to reach out to XXXX. At this time, I was told the modification was denied because of the title issues. Also, I was told that the city was responsible for validating the title was in the clear. It was at that time I had a 3-way conversation with XXXX and a representative from the City of XXXX. After this conversation, XXXX opened an investigation to be performed by the research department. On XX/XX/XXXX, the research department sent an email stating A Non-Identity Affidavit will be sent to you concern to removing the below listed Lien and Judgment. You need to complete and return. This was the first time XXXX stated something had to be signed and returned to them. On XX/XX/XXXX, I reached back out to XXXX because I had not received the affidavit, yet. During this conversation, I mentioned how frustrated I was because XXXX had not given me accurate instructions on what was required to settle the title issue. At this time, I asked to speak to higher management. During this conversation, management stated they were going to see if the medication could be reopened the modification review process to consider the non-identity affidavits. On XX/XX/XXXX, I received an email stating the process could not be reopened. Also, XXXX stated they sent a letter of explanation around the denial ; however, I never received the letter nor was I told about the denial or XXXX during the several phone calls with XXXX.
Company Response: Closed with explanation

Timely Response

2019-02-23

Clinton, MD

Problem with a credit reporting company's investigation into an existing problem

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Their investigation did not fix an error on your report
Company Response: Closed with explanation

Timely Response

2019-02-22

OR

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: RE PHH Mortgage # XXXX On XX/XX/XXXX, I was notified by XXXX XXXX that XXXX was switching servicing of my mortgage to PHH Mortgage as of XX/XX/XXXX. I sent check # XXXX for XXXX on XX/XX/XXXX to XXXX so that they would have it post to XXXX by XX/XX/XXXX. I checked XXXX, XXXX website on XX/XX/XXXX and saw it did not post. I called PHH and got the run around. The next day it was the same and I called XXXX for assistance as they actually own the paper. They could not get a live person to talk to. I continued to try over the next few days and finally found it was not booked on their system. I called PHH again a few days later but it still was not posted, They booked the account on XXXX but payments were not posted. I called XX/XX/XXXX and found payment posted to my account on XX/XX/XXXX. PHH received my check in their lockbox on XX/XX/XXXX and I believe they held it till XX/XX/XXXX so they could tack a late charge on my account. I called and was told it posted XX/XX/XXXX but there was a late charge. I asked why and they said I had a 10 day grace and that they received the payment after the grace period. I told them I had a 15 day grace not a 10 day, and they argued with me on that. I offered to email them a copy of my loan showing it was indeed a 15 day grace and that they had the payment since XX/XX/XXXX and I wanted it posted as of the second and they refused to do so saying they could not rebook the loan on their system and apply the payment as of the XXXX of XXXX. They would however remove the late charge they gave me. This issue is still unresolved by them. I am seeking help in getting my account properly boarded and interest adjusted as I am paying them more interest in the way they are calculating my interest. ALSO, they are forcing me to either pay more to make a payment each month or give them my banking info so they can debit my account. Since my husband and I are both XXXX and our pay is not date specific, I must pay as I get the money and pay a fee for them to collect my funds unless I let them yank my funds out. I have NEVER missed a payment or given any of my servicers a reason to question my ability to pay my bills so I fail to understand why I have to pay extra to make a payment each month when the funds come out of the very same account. I know that if they are doing this to us, they are doing it to many military families and this is very unfair and smacks of XXXX XXXX tactics - thinking we won't notice them picking our pockets ... Any assistance is greatly appreciated. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, OR XXXX ( XXXX ) XXXX
Company Response: Closed with explanation

Timely Response

2019-02-22

Cambridge, OH

Trouble during payment process

Mortgage: VA mortgage

Complaint: Greetings, Well, after 6 mouths the facts have not been answered on this matter. I have sent PHH Mortgage Services documents of all facts on this issue. The fact that you have not rebutted proof of claim point by point. I will now inform you I'm of the age of XXXX, of sound mind and competent to testify. The fact of the matter is I signed 2 promissory notes for value and PHH Mortgage Services has accepted these notes as Legal Tender. All of these Promissory notes are a tender of payment of a obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. The two promissory notes under Title 7 CODE OF FEDERAL REGULATIONS 1951.15- Return of paid-in-full or satisfied notes to borrower. The notes will be returned to the borrower after the payment in full or execute an appropriate affidavit regarding the lost notes. I have requesting the return of these notes which are satisfied. The Code of federal regulations 1901.503 Definitions. ( 1 ) - ( 19 ) insurance of notes and 1901.508 ( i ) Servicing of insured notes outstanding with investors. The holder will endorse the insured note as follows : " Pay to the order of the United States of America. Without recourse ''. Title 7 CFR 1901.508 ( ii ) On receipt of the note with the accompanying insurance agreement, the director, finance Office, will acknowledge receipt of the note and process payment to the assignor of the par value of the note as of the date of the Treasury check. As the facts I have stated in our contract # XXXX Conditional Acceptance for the Value/Agreement/ Counter Offer to Acceptance of Offer. The Obligation 's of public debt of the United States of America is discharged though the banks. PHH Mortgage Services has refused to answer my questions with detailed specific answers, we will presume that there is a concealment of material of facts and that the promissory notes has been altered and stolen and that I provided the money that PHH Mortgage Services claims have lent to me. If you claim that there is an agreement and a loan, then you must stop concealing material facts, answer my questions, and tell me if the promissory notes was recorded as a loan from me to PHH Mortgage Services or the Promissory notes was stolen. According to my records, the promissory notes was stolen or recorded as a loan from me to PHH Mortgage Services and that PHH Mortgage Services never paid XXXX XXXX as adequate consideration to purchase the promissory note from me creating the economics similar to stealing, counterfeiting and swindling. I am now demanding that you either stop concealing material facts and answer my questions if you claim that there is an agreement or that you return the stolen promissory notes. If you claim that the promissory notes was a loan from me to PHH Mortgage Services, I demand that you immediately repay the loan by returning the promissory notes and stop the damage to me. I would like to know why XXXX XXXX signed my note pay to the order of herself XXXX XXXX XXXX ASSISTANT VICE PRESIDENT. One of the requirements of a negotiable instrument is that the instrument must be payable for a fixed amount of money. My question is, from your point of view according to your understanding of the agreement, is money deposited recorded as a bank asset or as a bank liability? Please list all forms of money or negotiable instruments you and PHH Mortgage Services are involved in, issuing the alleged loan, use as or like or as a substitute as money or credit used to fund checks or bank drafts. Specifically, did you or PHH Mortgage Services use my promissory as a bank asset which was offset by a bank liability? Specifically was my promissory notes used to fund a check or bank draft? If my promissory notes was used to fund a check, then I provided the money to fund the so called loan and you never lent me one cent of your money to purchase the notes from me. Therefore, the economics are similar to stealing, counterfeiting and swindling against me, which I never agreed to and which is not part of the agreement. According to me if you used my promissory notes to fund a check, you stole my promissory notes or you recorded it as a loan from me to you and you still owe me money that you never lent me. Stealing changed the cost and the risk of the transaction. I want to know specifically did you intend to create the economics similar to stealing my promissory notes as part of the agreement? Please answer yes or no. If you refuse to tell me, then we have fraud in the factum, which makes you no longer the holder in due course. No title passes with a theft. Since the promissory note is forged, and no good title passes with a forged document, you are not the holder. I demand that the stolen forged promissory notes now be returned or you answer all of my questions in this notice and previous notices explaining the terms and conditions of the alleged agreement concerning the economics similar to stealing, counterfeiting and swindling. To be a holder in due course you must perform the following 3 deeds : 1. Purchase the promissory notes from me. 2. Take the promissory notes in good faith using honesty, absence of malice and the absence of design to defraud or seek an unconscionable advantage ( See XXXX Law Dictionary for good faith ) and 3. Have no notice of any defenses against payment of other claims on the promissory note. PHH Mortgage Services agreed to the following general terms and conditions of the loan agreement : 1. PHH Mortgage Services must use their money or credit as adequate consideration to purchase the agreement from me to repay the loan. 2. PHH Mortgage Services involved in the alleged loan did not accept anything of value from me that would be used to fund a check or similar instrument in approximately the amount of the alleged loan. 3. PHH Mortgage Services must follow Generally accepted accounting principles as required by CPA audit opinions. 4. The intent of the agreement is the party who funded the loan is to be repaid the money. 5. All material facts are to be disclosed in the writing agreement.6. The holder must repay the loan in the same specie of money or credit or thing of value the financial institution involved in the loan used to fund the loan check or similar instrument, thus ending all interest and liens. 7. The loan transaction does not create the economics similar to stealing, counterfeiting and swindling. The agreement that I entered into has the above seven elements in it. According to the bookkeeping entries, PHH Mortgage Services breached all seven basic elements of the agreement and PHH Mortgage Servives and then concealed material facts of the agreement. I am demanding adequate assurance of due performance that the above seven elements are part of the loan agreement or I demand that the PHH Mortgage Services refund the value of the notes. The question is Why you Can not produce the promissory notes? Answer is because they are a bill of exchange, legal tender and used to discharge public debt. NOTICE OF MEMORANDUM OF LAW POINTS AND AUTHORITIES IN SUPPORT OF INTERNATIONAL BILL OF EXCHANGE Points and Authorities in Support of International Bills of Exchange or International Promissory Notes Those who constitute an association nationwide of private, unincorporated persons engaged in the business of banking to issue notes against these obligations of the United States due them ; whose private property is at risk to collateralize the governments debt and currency, by legal definitions, a national banking association ; such notes, issued against these obligations of the United States to that part of the public debt due its Principals and Sureties are required by law to be accepted as legal tender of payment for all debts public and private, and are defined in law as obligations of the United States, on the same par and category with Federal reserve notes and other currency and legal tender obligations. RE : Item tendered for Discharge of Debt. TENDER OF DEBT BY THE PEOPLE i.e. the SURETY IS AN OBLIGATION OF THE U.S. TREASURY ( The instrument tendered to whomever, and negotiated to the United States Treasury for settlement, is an Obligation of THE UNITED STATES, under Title 18USC Sect.8, representing, as the definition provides, a certificate of indebtedness .drawn upon an authorized officer of the United States , ( in this instance the Secretary of the Treasury ) issued under an Act of Congress ( see : public law 73-10, HJR-192 of 1933, Title 31 USC 3123 and 31 USC 5103 ) and by treaty ( see : UNITED NATIONS CONVENTION ON INTERNATIONAL BILLS OF EXCHANGE AND INTERNATIONAL PROMISSORY NOTES ( UNCITRAL ) and the Universal Postal Union headquartered in Bern, Switzerland ) . TITLE 18 & gt ; PART I & gt ; CHAPTER 1 & gt ; Sec. 1. & gt ; Sec. 8. Sec. 8. Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. The International Bill of Exchange is legal tender as a national bank note, or note of a National Banking Association, by legal and/or statutory definition ( UCC 4-105, 12CFR Sec. 229.2, 210.2, 12 USC 1813 ), issued under Authority of the United States Code 31 USC 392, 5103, which officially defines this as a statutory legal tender and is issued in accordance with 31 USC 3123 and HJR 192 ( 1933 ) which establish and provide for its issuance as Public Policy in remedy for discharge of equity interest recovery on that portion of the public debt to its Principals and Sureties bearing the Obligations of THE UNITED STATES. This is a statutory remedy for equity interest recovery due the principles and sureties of the United States for discharge of lawful debts in commerce in conjunction with US obligations to that portion of the public debt it is intended to reduce. During the financial crisis of the depression in XX/XX/XXXX, gold, silver and real money were removed as a foundation for our financial system. In its place the substance of the American citizenry : their real property, wealth, assets and productivity that belongs to them was, in effect, pledged by the government and placed at risk as the collateral for US debt, credit and currency for commerce to function. This is well documented in the actions of Congress and the President at that time and in the Congressional debates that preceded the adoption of the reorganizational measures : Senate Document No. 43, 73rd Congress, 1st Session, stated, Under the new law the money is issued to the banks in return for Government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances. The money will be worth XXXX cents on the debt because it is backed by the credit of the nation. It will represent a mortgage on all the homes and other property of all the people in the Nation. ( Which lawfully belongs to these private citizens. ) The National Debt is defined as mortgages on the wealth and income of the people of a country. ( Encyclopedia XXXX, XX/XX/XXXX. ) Their wealth, their income. The reorganization is evidenced by : The Emergency Banking Act, XX/XX/XXXX, House Joint Resolution XXXX, XX/XX/XXXX ( public law 73-10 ) And the series of Executive Orders that surrounded them : XXXX Reopening of Banks. Embargo on Gold Payments and Exports, and Limitations on Foreign Exchange Transactions. XX/XX/XXXX 6111-Transactions in foreign exchange are permitted under Governmental Supervision. XX/XX/XXXX 6102 Forbidding the hoarding of gold coin, gold bullion and gold certificates. XX/XX/XXXX On XX/XX/XXXX, Congress had passed An Act to provide for the establishment of Federal reserve banks, to furnish an elastic currency, to afford a means of rediscounting commercial paper, to establish a more effective supervision of banking in the United States, and for other purposes. The Act is commonly known as the Federal Reserve Act. One of the purposes for enacting the Federal Reserve Act was : ( 3 ) to authorize hypothecation of obligations including United States bonds or other securities which Federal reserve Banks are authorized to hold under Section 14 ( a ) ; 12 USC ; ch. 6, 38 Stat. 251 Sect 14 ( a ) The term hypothecation as stated in Section 14 ( a ) of the Act is defined : 1. Banking. Offer of stocks, bonds, or other assets owned by a party other than the borrower as collateral for a loan, without transferring title. If the borrower turns the property over to the lender who holds it for safekeeping, the action is referred to as a pledge. If the borrower retains possession, but gives the lender the right to sell the property in event of default, it is a true hypothecation. 2. Securities. The pledging of negotiable securities to collateralize a brokers margin loan. The broker pledges the same securities to a bank as collateral for a brokers loan, the process is referred to as re-hypothecation. [ Dictionary Of Banking Terms, XXXX, pg. XXXX ( XX/XX/XXXX ) ] As seen from the definitions, in hypothecation there is equitable risk to the actual owner. Section 16 of the current Federal Reserve Act, which is codified at 12 USC 411, declares that Federal Reserve Notes are obligations of the United States. So we see the full faith and credit of the United States, which is the substance of the American citizenry, their real property, wealth, assets and productivity that belongs to them, is thereby hypothecated and re-hypothecated by the United States to its obligations as well as to the Federal Reserve for the issuance and backing of Federal Reserve Notes, as legal tender, for all taxes, customs, and other public dues. TITLE 12 & gt ; CHAPTER 3 & gt ; SUBCHAPTER XII & gt ; Sec. 411. Sec. 411. Issuance to reserve banks ; nature of obligation ; redemption Federal Reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. The commerce and credit of the nation continues on today under financial reorganization ( Bankruptcy ) as it has since XX/XX/XXXX, still backed by the assets and wealth of the American citizenry, at risk for the governments obligations and currency. Under the 14th amendment and numerous Supreme Court precedents, as well as in equity, Private property can not be taken or pledged for public use without just compensation, or due process of law .The company did what they said they would do with my complaintNoADDITIONAL COMMENTS I have signed four promissory notes for value and they were accepted by XXXX as legal tender. I have also mailed XXXX/XXXX XXXX XXXX a Tender of payment Offering under the Federal Emergency Relief Act of XXXX. AN ACT To provide for cooperation by the Federal Government with the several States and Territories and the District of Columbia in relieving the hardship and suffering caused by ( Sec. 4. ( a ) ) Out of the funds to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. - The Federal Emergency Relief Act of XX/XX/XXXX Approved, XX/XX/XXXX ( Sec. 4. ( a ) ) " The ownership of all property is in the state by virtue of the government " Under the new law government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances, because it is backed by the credit of the nation. It will represent a mortgage on all the homes, and other property of all the people of the nation. '' Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, XX/XX/XXXX on HR 1491 p. 83. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all, and other public dues. They shall be redeemed at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption ( XX/XX/XXXX, ch. 6, 16 ( par. ), 38 Stat. 265 ; XX/XX/XXXX, ch. 6, 2 ( b ) ( 1 ), 48 Stat. 337 ; XX/XX/XXXX, ch. 614, title II, 203 ( a ), 49 Stat. 704. ) You are hereby notified that I do hereby tender payment for the above referenced obligation of debt, and because this debt concerns property of the United States it is deemed by law and operation of statute to be a government obligations and must be handled in accord with the dictates of statute. I accept the obligation on behalf of the United States of America and hereby make assignment of the obligation to the United States Treasury Department on behalf of the United States of America as authorized by statute. You are to present the item ( remittance coupon ) to the United States Treasury Department or at any Federal Reserve bank to include any Federal Reserve member banks to redeem the value of the obligation. As per the terms of the contract this shall serve as my notice of change in terms of contract, cancelling and or suspending any acceleration penalties and paying the US government debt obligation for value through acceptance pledging an assignment in full. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, OHIO XXXX GOVERNMENT OBLIGATIONs REMITTANCE COUPON Pay and Pledged To the Order of : XXXX XXXX XXXX XXXX ; Without recourse Amount of Obligation : ________________________________________________________________________ INTENTIONS : The above United States government obligations is hereby accepted and acknowledged and I do assign and pledge the total value of the obligation to the United States of America through the United States Department of the Treasury to be redeemed for value and receivable at the Federal Reserve, the Federal Reserve Bank, and/or any member bank and/or national Association as prescribed by statute ( the act of XX/XX/XXXX ; the act of XX/XX/XXXX ; 12 USC 411 ; 18 USC 8 ; and the intentions of the United States Congress concerning THE CURRENT SERIOUS NATIONAL EMERGENCY ). Memo : Discharging of Government Obligations Acct # XXXX x__________________________________ Beneficial Interest Holder and Citizen of the United States of America `` Since XX/XX/XXXX, the United States has been in A STATE OF DECLARED NATIONAL EMERGENCY. '' Senate Report XXXX, XX/XX/XXXX ; Public Law 94-112 - XX/XX/XXXX XXXX CFR 1901.508 Servicing of insured notes outstanding with investors. ( i ) endorse the insured note as follows : Pay to the order of .. Without recourse. The holder will then deliver the endorsed note, to the Director, Finance Office. ( ii ) On receipt of the endorsed note the Director, Finance Office, will acknowledge receipt of the note and process payment to the assignor of the par value of the note as of the date of the Treasury check. The United States can not pledge or risk the property and wealth of its private citizens, for any government purpose, without legally providing them remedy to recover what is due them on their risk. This principle is so well established in English common law and in the history of American jurisprudence. The 14th amendment provides : no person shall be deprived ofproperty without due process of law. The Courts have long ruled to have ones property legally held as collateral or surety for a debt, even when he still owns it and still has it, is to deprive him of it since it is at risk and could be lost for the debt at any time. The United States Supreme Court said, in United States v. XXXX [ XXXX XXXX, XXXX, XXXX ], Private property, the Constitution provides, shall not be taken for public use without just compensation. The right of subrogation is not founded on contract. It is a creature of equity ; is enforced solely for the purpose of accomplishing the ends of substantial justice ; and is independent of any contractual relations between the parties. XXXX XXXX XXXX XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). The rights of a surety to recovery on his risk or loss when standing for the debts of another was reaffirmed again as late as XXXX in XXXX v. XXXX XXXX. XXXX, XXXX XXXX XXXX, when the Court said : sureties compelled to pay debts for their principal have been deemed entitled to reimbursement, even without a contractual promise And probably there are few doctrines better established XXXX Law Dictionary, 5th edition, defines surety : One who undertakes to pay or to do any other act in event that his principal fails therein. Everyone who incurs a liability in person or estate for the benefit of another, without sharing in the consideration, stands in the position of a surety. Constitutionally, and in the laws of equity, the United States could not borrow or pledge the property and wealth of its private citizens, put at risk as collateral for its currency and credit, without legally providing them equitable remedy for recovery of what is due them. The United States government, of course, did not violate the law or the Constitution in this way in order to collateralize its financial reorganization, but did, in fact, provide such a legal remedy so that it has been able to continue on since XXXX to hypothecate the private wealth and assets of those classes of persons by whom it is owned, at risk backing the governments obligations and currency, by their implied consent, through the government having provided such remedy, as defined and codified above, for recovery of what is due them on their assets and wealth at risk. The provisions for this are found in the same act of Public Policy HJR-192, public law 73-10 that suspended the gold standard, abrogated the right to demand payment in gold, and made Federal Reserve notes for the first time legal tender, backed by the substance or credit of the nation. All US currency since that time is only credit against the real property, wealth and assets belonging to the private sovereign American people, taken and/or pledged by THE UNITED STATES to its secondary creditors as security for its obligations. Consequently, those backing the nations credit and currency could not recover what was due them by anything drawn on Federal Reserve notes without expanding their risk and obligation to themselves. Any recovery payments backed by this currency would only increase the public debt its citizens were collateral for, which an equitable remedy was intended to reduce, and in equity would not satisfy anything. And there was, as still, no longer actual money of substance to pay anybody. There are other serious limitations on our present system. Since the institution of these events, for practical purposes of commercial exchange, there has been no actual money in circulation by which debt owed from one party to another can actually be repaid. Federal Reserve Notes, although made legal tender for all debts public and private in the reorganization, can only discharge a debt. Debt must be paid with value or substance ( i.e. gold, silver, barter, labor, or a commodity ). For this reason HJR-192 ( 1933 ), which established the public policy of our current monetary system, repeatedly uses the technical term of discharge in conjunction with payment in laying out public policy for the new system.
Company Response: Closed with explanation

Timely Response

2019-02-22

Orion Twp, MI

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-02-20

Ocklawaha, FL

Problem with a credit reporting company's investigation into an existing problem

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Their investigation did not fix an error on your report
Complaint: XXXX and XXXX are reporting me as 120 days past due on the PHH Mortgage Svc and XXXX - partial account number : XXXX. These accounts have a {$0.00} balance and {$0.00} past due. This is harming my score. I have disputed this directly with the two bureaus but the coding has not been corrected. It is impossible to be late on payments to an account that has a {$0.00} balance and {$0.00} past due amounts.
Company Response: Closed with explanation

Timely Response

2019-02-19

Lower Makefield, PA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-02-16

Wallington, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: My chapter XXXX discharge granted on XX/XX/2009 included my mortgage and Second PREDATORIAL Lending 125percent LTV where the loan was charged off. This discharge stopped me from owing on these loans on a personal basis and any proper residential Liens would survive. So, if I owed nothing on a personal basis why was a loan modification offered and completed when I owed nothing personally? Why was a chapter XXXX claim accepted if I owed nothing personally. I was very I'll during these times and you knew it and took complete advantage of a now XXXX XXXX XXXX Man. It goes both ways meaning something can be applied for but to not violate the consumer fraud act by doing nothing on your end where the discharge was in effect and so many other things should have been done on your end as well. This ALL constitutes FRAUD and many other Violations. My current foreclosure is Fraud.
Company Response: Closed with explanation

Timely Response

2019-02-14

Tacoma, WA

Closing on a mortgage

Mortgage: Conventional home mortgage

Complaint: XXXX made contact with PHH @ XXXX to get information to request a partial release. this was sent to us XXXX Dear XXXX XXXX, Thank you for using our email service. I apologize for the delay. I have requested for the requirements for a partial release of land to be mailed to the borrower. Please allow 7-10 business days for delivery. XXXX borrower did not receive anything in the mail XXXX urgent request to PHH borrower has not received package also included borrower authorization. XXXX urgent request to PHH with borrower auth need requirements for partial release request. XXXX urgent request to PHH need update on status XXXX borrower did not receive a package only a letter of authorization to be completed. he sent that to us and we emailed to PHH XXXX called PHH finally someone told me they will not talk to me because they did not accept borrower signed authorization because his signature did not match. I have called a total of about 5 times. I have had borrower cause a few times and they will only give me daily authorization and borrower will have to call in every time I need to talk to them. this has delayed closing 3 months, and we still do not have the required list of items they need to request a partial reconveyance, and they still will not accept borrower authorization form they supplied for him to sign.
Company Response: Closed with explanation

Timely Response

2019-02-11

Avondale Goodyear, AZ

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Account status incorrect
Company Response: Closed with explanation

Timely Response

2019-02-08

Mahwah, NJ

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: Name on Mortgage : XXXX XXXX ( XXXX XXXX XXXX ) Name on deed : XXXX XXXX XXXX Mortgage Holder : PHH Mortgage, XXXX XXXX XXXX, XXXX XXXX, NJ XXXX Loan Number : XXXX First Payment Date : XX/XX/XXXX Last Payment Date : XX/XX/XXXX Unpaid Late Charges : {$0.00} On XX/XX/XXXX I received a monthly mortgage statement demanding payment by XX/XX/XXXX for my monthly mortgage amount. This statement was the first statement that I have received in 7 years. I have paid my mortgage electronically from the same bank since the inception of the loan in XX/XX/XXXX. Ergo, there have been no late payments during the life of the loan. When I called the number on the statement I spoke to XXXX, XXXX Agent in the XXXX. He kept on saying many times that he had no record of any of my payments and that I would have to go to my bank and make arrangements to set up automatic payments if that is what I wanted to do. He could not offer any other solution to the discrepancy. I have computer documentation from my bank and PHH mortgage showing that I have fully complied with the payment provision of my loan through the XX/XX/XXXX. This morning I have a print out of my latest bank statement showing my XX/XX/XXXX payment cleared and was collected by PHH Mortgage. When I checked my account with PHH, when I log in it says : You do not have any account associated with your profile. This incident is the most current of a whole litany of unpleasant experiences with PHH Mortgage over the past 7 years. I am in the process of refinancing my loan with XXXX XXXX and I view the latest actions by PHH mortgage as nothing but harassment to help them retain a good paying customer. I am concerned the PHH Mortgage will jeopardize my refinance application and may also start charging me late fees and ruin my sterling credit rating. Anything that you could do to mitigate the impending situation would be greatly appreciated. XXXX XXXX
Company Response: Closed with explanation

Timely Response

2019-02-08

Wallington, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: First I would like to say I am getting tired of my bank responding to my complaints which I rightfully have many, with false, innacurate, misleading and many violating so many of my rights here in my loss mitigation process of my foreclosue conveying these messages that are for EXACTLY the same reasons as they were cited for in their XXXX ( XXXX ) dollar civil action fine and law suit for borrowers in the same position in XXXX to XXXX and I was one them as well. I blame my bank as a result of not foreclosing in XXXX or XXXX when there was no chance to salvage this condo but because I got a discharge in a. Chapter XXXX Bankruptcy case they stalled almost 4 years until I won my XXXX case to offer me a predatory lending loan modification when I owed nothing from a personal perspective and I lost out on a nice affordable housing situation as a result. Ok on XX/XX/XXXX I got a response of my two CFPB Complaints from my bank XXXX XXXX Office of the President with a top letter and copies of things to try and help their defense. It has only made it worse as the papers all contained errors and innacurate info and more Violations and more. There are so many I will choose one for now. In that package they sent me copies of documents I never got and even if I did had errors. A letter with no date but if it was sent it had to be around XX/XX/XXXX. On the front it says XXXX XXXX XXXX Evaluation Summary. In the second paragraph it says " I am not eligible for the program listed on the evaluation summary. On the 4th and last page this evaluation summary has 5 programs they claimed I was screened for and the last one says pre approval of deed in Liue. How am I approved when your first page says I am not eligible for any programs? They include a copy of a letter dated XXXX saying I was pre approved for a DiL and what I had to do. I never got this either. I did get several complete denials of this DIL.The details of this offer were totally different than the offer I got by phone and email on XXXX That on the first page of the XX/XX/XXXX response they say this offer is the one assigned to XXXX XXXX on XXXX XXXX XXXX ALL IMPOSSIBLE AND LIES. I am stunned at what is happening and the Attorney General of our State who participated in the case of XXXX to XXXX I am in the process of contacting. Attached is the papers scanned so they can't change anything.
Company Response: Closed with explanation

Timely Response

2019-02-04

Phoenixville, PA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-01-31

Wallington, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: PHH has effectively kept me from obtaining a loan modification, for which my mortgage loan qualifies. I had always made my mortgage payments on time every month, but when I suffered an unforeseeable job loss, I saw that it was going to be impossible to stay current with my payments. I was given a forbearance agreement which I accepted and started making the payments. Unfortunately, I also had to make payments to the bankruptcy Trustee and it was impossible to keep up with both payments. I had to stop making payments and tried to work with PHH Mortgage to get a loan modification, but they would not work with me since I was in bankruptcy. My delinquency has now grown and I am afraid that I will not be able to get into some sort of workout option. PHH Mortgage has definitely received all of the money I should have paid them as I was put into an interest only loan when I bought my home. I definitely was taken advantage of and would have never taken that loan if I realized what I had signed. PHH Mortgage has never provided me with a single point of contact and they are refusing to work with me. I have never had a loan modification on my loan and I make enough money for a reasonable payment, so I must assume that PHH just wants to take my home away to capture the equity that I have in the home. I am extremely upset and frustrated with PHH as they are sending my loan through the foreclosure process and I need help to keep my home for my wife and children. My financial situation has turned around and I am out of my financial distress. I am hoping that you can look into how they are treating me and help me keep my home.
Company Response: Closed with explanation

Timely Response

2019-01-29

Millville, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: Late processing of mortgage payments mailed in and charging late payments. I have just sent a letter of complaint to PHH Mortgage, but have had this same problem occur in years past which got so bad I had to start sending in payments certified mail. While the company may resolve this, I feel there are many others that go ahead and pay the late payments as I have in the past. This company should be watched for regular use of this late processing. This is the first time this has happened in over a year, however it did happen a number of times in the past on two loans of mine they were servicing. Email to PHH Mortgage below. I mailed a payment to you on the above account on or about XX/XX/XXXX and you did not enter it until XX/XX/XXXX. When I returned from vacation after XXXX, I found a late payment notice in my mail on XX/XX/XXXX. I immediately called up your call center on XX/XX/XXXX and made a payment by phone. As your agent could not mail me a confirmation, I went online and made another payment. You charged me a late fee for both payments. Then to my surprise, on my bank statement the original payment I made on about XX/XX/XXXX appeared on my statement on XX/XX/XXXX. My credit score ranges between XXXX and XXXX as I have not had a late payment in over 20 years on my credit report. YOUR COMPANY PHH MORTGAGE is the only one that for some reason can not enter payments when they are received. Im sure you want to blame it on the post office, however, I have five mortgages and your company is the only one to enter payment late apparently in an effort to gain extra income from late payment fees. Previously I had another mortgage with your company which fortunately you sold to XXXX XXXX. ( That company has never failed to enter a mailed payment in the four years or so they have had the loan ) On a number of occasions it took PHH MORTGATE well past the late fee period to enter my payments. It was so bad I started sending in payments certified mail and will now have to in the future once again. Perhaps you can explain why my three credit cards and four other mortgages as well as many other bills I have do not have trouble receiving payments I mail. Besides failing to enter my payments on time, you charge a significant fee for anyone to make a payment online or by phone, further padding your profits if this is done on a regular basis to other customers.
Company Response: Closed with explanation

Timely Response

2019-01-23

Stevenson, MD

Trouble during payment process

Mortgage: FHA mortgage

Complaint: I have bi-weekly withdrawals out of our checking account every 2 weeks to pay our mortgage, hence making MORE payments than required. Apparently PHH mortgage uses a 3rd party named XXXX XXXX for their equity accelerator program. After 5 years of payments with no issues, I received a letter from PHH dated XX/XX/XXXX stating that my mortgage payment wasn't received. I received a statement on XX/XX/XXXX saying that the amount due for XX/XX/XXXX was {$5700.00}. I called and spoke with someone who was mediocre at best - but regardless, the " problem '' corrected itself. Six months later, we start to receive phone calls, letters, and bills stating that our mortgage is past due. This is ludicrous because I am making payments bi-weekly as stated previously. I've called PHH SEVERAL times since receiving the first letter in XX/XX/XXXX, and to date ( XX/XX/XXXX ) they still have not resolved the issue with the billing company. PHH is issuing late fees to my account and leaving threatening voicemails regarding getting bill collectors and credit bureaus involved. I am at my wits end with this company and their lousy customer service. My husband and I work very hard to ensure our bills are paid timely and have excellent credit scores as a result. I don't appreciate PHH mortgage company running our good credit into the ground simply because they can't communicate with the company that THEY hired!
Company Response: Closed with explanation

Timely Response

2019-01-18

Clinton, MD

Problem with a credit reporting company's investigation into an existing problem

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Their investigation did not fix an error on your report
Company Response: Closed with explanation

Timely Response