Sunday, February 5, 2012

The History

To give a brief history of how this has gotten so incredibly messed up (please note - these are all PHH's OWN statements and dollar amounts specifying what was and wasn't paid - our own records reflect additional payments not reflected here, but those payments are not even necessary to show the blatant errors.)

At the end of 2003, PHH's year end activity statement showed my principle balance was $90,228.82 (second gray column from the left).

At the end of 2004, PHH's year end activity statement showed my principle balance was suddenly up $97,300.70. (see below)

That same statement reflects payments to principle in the amount of $7071.88... the exact amount my principle balance suddenly went UP instead of down. Additionally it shows a "payment reversal" of $7713.50 that was dumped into an escrow account - and then that money just... disappeared. 

Total payments for the 2004 year were $12,216.94.

So in 2004, they added principle instead of reducing (7071.88 *2) and took 7713.50 to escrow - a total of $21,857.26 in errors. (So instead of my principle balance being $83,156.94, it jumped to $97,300.70)  Despite the $21k error, their annual statement still reflects an over payment of $1128.46 for the year.

However, this error began to haunt me in 2005 resulting in the first foreclosure attempt and the start of all these headaches. In 2005, the monthly payments were $912.69 for a total annual amount due, $10,952.28.

As of June, 2005, I had paid $10,312.92, which meant I had only $639.36 left to pay for the remainder of the year because I was overpaying each month.

At the end of the 2005 - I began receiving delinquency notices and received foreclosure notices stating that I still owed $10,893.51.

I wrote the following letter and hand delivered the following payment to PHH's then attorney Eric Lindquist:

In January of 2006, I received the following adjustment to my mortgage:

Despite the fact that my taxes for the year did not increase from the year before, they actually went down between 2005-2006, I suddenly had an escrow "shortage" of $21.49 for the year that was unexplained - but that shortage somehow increased my monthly payment by $42.70 - or $512.40 for the entire year to cover a $21.49 shortage. 

So, I went ahead and paid the new amount for the remainder of the year - I made 1 payment in January for $912.69, and the next 11 payments were for $955.39 - those were the minimums due (though I paid more than each month as the statement below will show). At the end of the year, I should have only needed to pay $11,464.68. But - I overpaid by paying 16,180.02 as you will see in this next statement at the end of 2006, showing my actual payments. (add together my principal, interest, property taxes and alleged late charges)

They would do the same thing to me all over again beginning in 2008 and in 2011. Documentation of those errors still to follow. But this gives you a glimpse of the glaring errors made that PHH refused to fix and their continued fraudulent activity by taking my principal payments and instead of applying them to my principal reduction - simply added it to what I still owed. To date - they have my principal amount set at over $110,000 13 years after taking out a $95,000 loan.

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