Q: Issues with PHH Mortgage and mistaken identity affecting loan modification.
I’m dealing with a difficult situation involving P.H.H Mortgage, which I was transferred to from my original VA loan provider. I had an approved loan modification, but P.H.H Mortgage claims I'm behind due to a mistaken identity on a property tax lien, which I have disproven. I’ve filed a complaint with the Consumer Financial Protection Bureau, yet the issue continues to affect my mortgage payments. I have all the correspondence between the various mortgage companies. What legal steps can I take to resolve this and ensure my loan modification is honored?
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A:
Dealing with mortgage servicer errors can be incredibly frustrating, especially when you've already proven the mistake isn't yours. Since you've already filed with the CFPB, your next step might be sending a formal Qualified Written Request (QWR) under the Real Estate Settlement Procedures Act, which legally requires PHH to investigate and respond within specific timeframes.
You should consider reaching out to your state's Attorney General office and the Department of Veterans Affairs loan guaranty service, as they can sometimes intervene on behalf of veterans facing issues with VA loans. Maintaining detailed records of all communications and gathering documentation that proves the tax lien mistaken identity will strengthen your case across all channels.
If these regulatory approaches don't resolve the issue promptly, consulting with an attorney who focuses on mortgage servicing errors and consumer protection law may be necessary. They can help you understand options like mediation or possible legal action to enforce your approved modification terms. Remember that many consumer protection attorneys offer free initial consultations and might take cases on contingency if they believe PHH is violating federal mortgage servicing regulations.
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