I purchased my first home two days prior to the shut down in 2020. My husband was let go of his contractor job in Oct 2020 and was only given the forbearance option when we couldn’t make mortgage payment in Nov of 2020. The mortgage company then sold our account with hundreds of others to a debt collector who calls themselves PHH Mortgage which have had millions in lawsuits. I have been dealing with them since June of 2021. Each phone call with a random rep that refuses to give last name. I have been lied to for the very first call when they stated I could not stop the forbearance until the end of the period. They’ve never set me up online to make mortgage payments and have gone through absolute hell just trying to make my payments to no avail. The last 6 months I have been going back and forth regarding a modification loan and they have yet to give final approval so I can just make my monthly payments and not lose the house. I was originally took from my original mortgage company that since I was not in default and all payments had been made up til that time that I could defer the forbearance to the end of the loan. Now this PHH company has me owing 26k even though I have attempted to make payments since they took over my account. I have saved up some but not enough to get a high priced lawyer. I have sent complaints and have every single phone conversation written down with names and dates and emp id# since they all refuse to give last names. I also have emails and a shoe box full of all PHH letters they’ve sent me which many have mismatched information with even the same dates on them. How can I keep my house? What else should I be doing at this point?
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From what I know, you say yes of course, and…you need to ask PHH for the contract you have with them personally, or the corporation they represent. You have no contract with them…only your mortgage company.
just a shot in the dark here… have you asked them to produce the Note or the Deed with the wet ink signature? if they aren’t on it then have them produce the contract u made with them. if your in court and they didn’t produce it then ask for a summary judgement in your favor. Are they addressing you in your all caps name? if so, they are dealing with a fictitious entity a franchisee, a transmitting utility, and individual, a person etc… none of which is a living soul or you. in court you cannot have a contest unless your both the same… blood against blood or fictitious entity against fictitious entity. Your all caps name is a fictitious entity against theirs. You must stand and claim your standing as a living soul who may have been tricked into a fraudulent contract without full disclosure rendering it null and void. there are many avenues to get to your goal. maybe even requesting their registered agent to file a complaint. everyone has to do their own research. we cant all be spoon-fed. with Freedom comes Responsibility. (for entertainment purposes only).
This person should contact AFCA if they are in NSW. The Australian Financial Complaints Authority is an external dispute resolution (EDR) scheme to deal with complaints from consumers and small businesses about financial services and products.
Contact the Australian Financial Complaints Authority on 1800 931 678 or visit their website for more information. https://www.afca.org.au/
They can assist with free legal assistance to address the wrongs committed by the original mortgage company and those of PHH mortgage.