COMPLAINT ACTIVITY REPORT Case # 80133075 Better Business Bureau of New Jersey

Consumer Info: Wiles, Patricia L Business Info: PHH Mortgage Services
430 N. Mountain Rd.
Newville, PA 17241
717 609-1344 717 772-7868 800 440-8737


Location Involved: (Same as above)

Consumer's Original Complaint :
I was forced to do a Ch. 7 Bankruptcy in 2008 - and my mortgage WAS NOT included in the bankruptcy. I have paid it regularly since the BK, and paid extra fees to get the mortgage back on track (they won't let you make payments until the BK is settled.) When I checked my credit reports, I find that all of them have been told by PHH that my morgage was written off with the BK and that I am not making any payments, etc. This is totally false and it is totally ruining any chance I have of getting back on my feet. I have filed complaints with the all 3 Credit bureaus and they tell me that I have to get it fixed with PHH. I emailed them and was told I had to call 1 (800) 330-0423. I tried several times - each time I have to listen to a machine for 10 min. giving options for this and that - then I punch 0 for a CSR and I sit forever and nobody ever answers. The one time somebody did answer, I got some idiot from India who couldn't speak let alone understand English. All I want is for them to correct the 3 credit reports to show that the mortgage wasn't written off with Ch. 7 and that I am currently paying and up to date on the mortgage. If they can't do that - take the stupid entry off all together and don't report anything. The BBB rates this company high -frankly I don't agree and I will be glad when I can refinance this thing and get away from them. I will never deal with them or ERA mortgage again - they are trash - a company that hires idiots from another country is not worth dealing with.THANK YOU>
DesiredSettlementID: Other (requires explanation)
Product_Or_Service: Home Mortgage
Order_Number: 0028632669


Consumer's Desired Resolution:
I want all 3 Credit Bureau reports to reflect the fact that my mortgage WAS NOT included in my bankruptcy and that I am current and up to date on my payments.

BBB Processing

05/08/2010 web BBB Case Received by BBB
05/10/2010 nanc BBB Case Reviewed by BBB
05/10/2010 Otto EMAIL Send Acknowledgement to Consumer
05/10/2010 Otto EMAIL Notify Business of Dispute
05/25/2010 WEB BBB RECEIVE BUSINESS RESPONSE : Contact Name and Title: Rose Viana, Research
Contact Phone: 800-449-8767
Contact Email: [email protected]
I would like to apologize for the experience borrower has been going through with her loan. I have verified with the Bankruptcy department and she has verified that when a borrower files for bankruptcy it affects all obligations. As such, we should be reporting the loan as a bankruptcy. A review is being done by the credit reporting department to verify what is being reflected on the credit report. as soon as we are provided with the information I will advise. Thank you
05/26/2010 BBB MORE INFO RECEIVED FROM THE BUSINESS : Information from the credit reporting department has been received and they state we are reporting this loan as current, discharged chapter 7, and we are not reporting the balance or payment history. This is because when a customer files chapter 7 they must reaffirm with us that the wish to continue paying the debt and not include it in the bankruptcy so that we will then report this as reaffirmed debt. If the customer fails to reaffirm the debt prior to the date the bankruptcy is discharged, we have to report the loan as discharded chapter 7 and the credit bureaus see that as a final stauts for the loan and will no longer report the loans balance and payment history. We are reporting this loan accuratley. thank you
05/26/2010 nanc EMAIL Forward Business response to Consumer
05/27/2010 WEB BBB BBB REVIEWS CONSUMER REBUTTAL TO BUSINESS RESPONSE : (The consumer indicated he/she DID NOT accept the response from the business.)
Doesn't make any sense. Bankruptcy was filed/completed 9/2008 - this is now May 2010. Any "affect" the BK had on the mortgage was negated by the fact that I paid them EXTRA for various late fees, etc. I have made the payments each month since - no break. They are not reporting those payments as well as the lie that they were part of the bankruptcy. Also, the bankruptcy specifically stated (I can send copies of the papers) that the morrgage was NOT included in the bankruptcy.
05/27/2010 nanc EMAIL Forward Consumer Rebuttal to Business
06/03/2010 WEB BBB RECEIVED BUSINESS' REBUTTAL RESPONSE : I am very sorry for what the borrower has been through dealing with this issue. I wanted to advise that I just received this rebuttal and have forwarded contacted the supervisor in the Bankruptcy department and she will advise shortly with information to report. I am sorry for the delay I am trying to get assistance for the borrowers quickly. thank you
06/04/2010 nanc EMAIL Send Rebuttal Response to Consumer - NEW OFFER
06/04/2010 nanc BBB No Consumer Response- Assumed Resolved w/o Letter
06/04/2010 Otto BBB Case closed - ASSUMED RESOLVED
06/05/2010 BBB MORE INFO RECEIVED FROM THE CONSUMER : The information they are giving is WRONG. I DID sign their stupid eaffirmation papers and I paid extra fees to get it all back on track. I guess this means I have to take this to the Attorney General - obviously you are getting paid by them to give them a good report - from the complaints I am seeing on the net for this Co, I am not the only one wiht problems with them. I do not want this complaint closed - I want it resolved, not just buried under the rug.