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Link Posted: 4/16/2024 12:21:17 PM EDT
[#1]
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Quoted:


PHH isn’t a bank. Complaint to CFPB for RESPA violation seems more appropriate.
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Today is a good day to file a complaint with your state banking regulators . They take those serious . Enough complaints will force them out of the state.


PHH isn’t a bank. Complaint to CFPB for RESPA violation seems more appropriate.





Most states regulate lenders the same as banks. The same state agency and most of the same rules apply.
Link Posted: 4/16/2024 12:45:17 PM EDT
[#2]
My wife fought with PHH for months while trying to setup auto pay for our mortgage.  Everything had to be done through snail mail, so by the time USPS got the forms to them, that billing cycle had ended, and they insisted they could not set it up and to resend fresh forms.  2022 at the time, and they can't do things electronically?  Yet when they don't get their payment on time because THEY fuck up the auto pay, you get 17 phone calls, texts, and emails????


If I could get anywhere close to the rate we have, I would immediately tell PHH to fuck off.  
Link Posted: 4/16/2024 12:56:09 PM EDT
[#3]
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It's often required.
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...and it's a fucking racket.  Mortgage companies seem to want 100% of the escrow costs in the account even at the account's lowest balance (e.g. just after insurance and taxes have been paid).  Most of the time, it is extremely difficult to argue out of escrow.
Link Posted: 4/16/2024 1:14:48 PM EDT
[#4]
Link Posted: 4/16/2024 1:26:25 PM EDT
[#5]
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Sorry to hear about the fubar and hope you get it sorted out. I don't see how the insurance company is at fault if they cancelled for non payment. Seems like people switch insurance companies fairly often to save money, so it's not like they had any reason to think it's unusual. On the other hand, it sounds like the mortgage company dropped the ball, especially if they require insurance until the loan is paid off. At the very least, they should have been bugging you about being in breech of loan covenants.

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The insurance company is required to send late notices and cancellation notices to the homeowner and lender and
we don't know that was done.
Link Posted: 4/16/2024 1:27:21 PM EDT
[#6]
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Probably 15 min on that instance. According to the disclosure documents, the roof was installed in 2012. (We have been in the house a year.) The Jeep has dents in the hood and a several on the top of the doors as well as the metal trim.
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Thats really fairly small hail...

How long of a duration?

How old is your roof?

How bad is the Jeep?



Probably 15 min on that instance. According to the disclosure documents, the roof was installed in 2012. (We have been in the house a year.) The Jeep has dents in the hood and a several on the top of the doors as well as the metal trim.


The video you posted makes it look like nothing. Maybe I need to turn up the volume?
Link Posted: 4/16/2024 1:29:14 PM EDT
[#7]
Lawyer
Link Posted: 4/16/2024 1:54:24 PM EDT
[#8]
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Man this is the one instance where Im glad I dont escrow
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It's always preferable to avoid escrow.  Getting mortgage lenders to agree to no escrow is the real trick.
Link Posted: 4/16/2024 2:00:37 PM EDT
[#9]
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We are looking into that now.

The money was clearly paid to them monthly and also disbursed by them. Trying to unravel the mess.
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Maybe I missed it, but where was the insurance portion of your escrow actually going? What happened to those funds?
We are looking into that now.

The money was clearly paid to them monthly and also disbursed by them. Trying to unravel the mess.
Good luck. Sounds like a colossal screw up.
Link Posted: 4/16/2024 2:06:33 PM EDT
[#10]
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Maybe I'm stupid but why do people use escrow?  I just pay for taxes and insurance myself like any other bill.  I pay my taxes myself to make sure the county doesn't steal my home and insurance so I don't end up in this boat.  

The mortgage company pushed hard to get us to use escrow but I just said no or I'm going somewhere else and that was it.
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Peeps wonder why I do not escrow....
It was worse during the collapse of 2008.

OP - Make sure your property taxes are up to date, or you could have worse problems down the road.

Do contact an attorney and best of luck to you.
Link Posted: 4/16/2024 2:43:55 PM EDT
[#11]
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This.  I might file a claim with the consumer protection bureau and my states AG before paying an attorney, but I’m guessing you’ll need an attorney.
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The complaint has been filed.

PHH is claiming they requested the declaration info from AAA. AAA is claiming they were never contacted. The attorney that was recommended is $400 per hour.
Link Posted: 4/16/2024 2:55:03 PM EDT
[#12]
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The insurance company is required to send late notices and cancellation notices to the homeowner and lender and
we don't know that was done.
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I can 100% guarantee you it was done.

What cannot be guaranteed was that the USPS delivered it, or that the policyholder actually opened it.
Link Posted: 4/16/2024 3:03:12 PM EDT
[#13]
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I can 100% guarantee you it was done.

What cannot be guaranteed was that the USPS delivered it, or that the policyholder actually opened it.
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Work places are a mess and have been that way four years. At this point there is no proof that they were sent.
The fact that the lien holder did nothing lends credence that PORs and CANs do not exist.
Link Posted: 4/16/2024 3:05:34 PM EDT
[#14]
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The insurance company is required to send late notices and cancellation notices to the homeowner and lender and
we don't know that was done.
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Fair. We also don't know they didn't send notices to the mailing address the insured gave them. Hard to prove either way.
Link Posted: 4/16/2024 3:16:32 PM EDT
[#15]
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Fair. We also don't know they didn't send notices to the mailing address the insured gave them. Hard to prove either way.
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The insurance company is required to send late notices and cancellation notices to the homeowner and lender and
we don't know that was done.

Fair. We also don't know they didn't send notices to the mailing address the insured gave them. Hard to prove either way.


They should send them Certified Return Receipt Requested. The insurance company has the burden of proof.
Link Posted: 4/16/2024 3:23:43 PM EDT
[#16]
I have my mortgage with US Bank thanks in small part to Matt here.

They are awesome.  They send a letter and an email when they pay each from escrow and even put a notice in my app where I pay my mortgage.  I got an overly explained letter just yesterday telling me I have an escrow overage of $6.71.

Sorry about your bad luck OP.  Lawyer up with the quickness and make them regret their decision.

Link Posted: 4/16/2024 3:27:58 PM EDT
[#17]
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If I were you I’d condense the facts into a short paragraph, and spend a few hours searching for law firms in your state that deal with insurance claims.

You could send the same summary of facts to each firm you talk to.

The hail damage is much less than a total loss, and there’s at least some chance that you get someone that will take this on a contingency fee basis.  

You might not get anything soon, but there’s enough parties involved, they all know that the mortgage company should have “force-placed” insurance and I think there’s a good chance that you get this paid with zero out of pocket
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You have much more faith in lawyers than I do.
Link Posted: 4/16/2024 3:29:14 PM EDT
[#18]
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Quoted:


We are looking into that now.

The money was clearly paid to them monthly and also disbursed by them. Trying to unravel the mess.
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Maybe I missed it, but where was the insurance portion of your escrow actually going? What happened to those funds?


We are looking into that now.

The money was clearly paid to them monthly and also disbursed by them. Trying to unravel the mess.

This becomes one of those multimillion dollar embezzlement crimes I've read about right?
Link Posted: 4/16/2024 3:35:21 PM EDT
[#19]
I had something similar, mortgage company missed that payment on homeowners insurance and the policy was cancelled, when I contacted them about it the insurance company would not re instate the policy because I had a claim in the last 5 yrs,( house was broken into , damaged ) no other company in the state would give me insurance, because of the previous claim, 4g
the mortgage company just said oops , tough $(%* and I could enroll in their insurance for 6x the cost
wound up having to insure thru loyds of london for 3 yrs before I could get a regular policy in this state.
total cost to insurer was  three times the claim cost, I had no recourse
Link Posted: 4/16/2024 3:42:40 PM EDT
[#20]
It's sounds similar to my experience when I was hit head on by a drunk driver.

Which will be cheaper:  roof expense or lawyer?

Link Posted: 4/16/2024 3:44:10 PM EDT
[#21]
real estate lawyer right fucking now, somebody fucked up

Link Posted: 4/16/2024 3:45:50 PM EDT
[#22]
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 Also, I've got a 1985 Delorian that I need a flange nut for the flux capacitor mounting bracket, due to quantum interference i need to have a semi permeable quark membrane, so cant use simple aluminum and the turbo encabulator fermion interference prevents a magnetic resonance mounting options. Any fixes?


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You're SOL. O'Reilly is still out of stock on those flux capacitor parts (all comes as one unit)

https://www.oreillyauto.com/flux-capacitor

I suppose you could try your local store though and see if they have one: Part # 121g Line: EB
Link Posted: 4/16/2024 3:47:57 PM EDT
[#23]
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This is a game you are not proficient at.

You need professional help.

Quit talking to them and hire an attorney now.

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A BIG +1 to what this guy said.

Fuck negotiations....being in a bulldog attorney and unleash him.
Link Posted: 4/16/2024 3:50:40 PM EDT
[#24]
Really sorry this happened to you. Not as uncommon as you'd think.

1. Call an attorney. You'll be suing the mortgage company.
2. This is exactly why I NEVER escrow insurance or taxes. NEVER

More reading:
https://www.helpwithmybank.gov/help-topics/mortgages-home-equity/property-home-insurance/insurance-bank-pay.html
Link Posted: 4/16/2024 3:58:45 PM EDT
[#25]
This same thing happened to me.  The escrow company was not keeping up payments for homeowners insurance and the lenders sent me a notice that they were going to foreclose.  I ended up cancelling the escrow and just made my own mortgage, property tax, and insurance payments.  When I cancelled the escrow, they sent me the extra $1770 that I had in the account.  I never missed another payment afterwards.
Link Posted: 4/16/2024 4:02:27 PM EDT
[#26]
First. Deal with your agent and your mortgage company and get your insurance active on your house again.  That should be the current priority.

Second before you go paying for an attorney and suing everyone I would find out if there is any actual hail damage and the costs to repair if there is. There is no need to to hire a lawyer if there is no damage to claim.

Link Posted: 4/16/2024 6:50:49 PM EDT
[#27]
Unless the hail got bigger than what was in your video your roof should be fine. That was pretty small hail to damage a roof.
Link Posted: 4/17/2024 10:29:07 AM EDT
[#28]
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Unless the hail got bigger than what was in your video your roof should be fine. That was pretty small hail to damage a roof.
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I tend to agree.  Repairs to sheet metal may cost some money, but we don't know for sure if it's higher than the deductible because there is no policy.

I'm glad OP called the insurance company and discovered this.  It would have been far worse if there was a fire.
Link Posted: 4/18/2024 2:35:10 PM EDT
[#29]
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It's sounds similar to my experience when I was hit head on by a drunk driver.

Which will be cheaper:  roof expense or lawyer?

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+1
My sister paid off her car loan at Wells Fargo .
WF came back and said they needed another 3K because they said they had to purchase insurance claiming her insurance lapsed .

Months of run around on the phone,  sending in proof from her insurance company,  nothing fixed

Called a lawyer , he wrote a letter and resubmitted documentation from her insurance company.

They sent out her title immediately,  still cost her about $700 in legal fees IIRC.

Fast forward 6 months , Wells Fargo sold it to a collection agency.

Lawyer sent all proof certified mail along with cease and desist.
Collections kept calling,  sister documents all the calls .
Lawyer got a few K from collections company,  sister came out a few hundred ahead on the deal .
Link Posted: 4/18/2024 2:44:48 PM EDT
[#30]
This is why home insurance costs so much now.   Fix the damaged spots for $5k and move on.
Link Posted: 4/18/2024 2:58:58 PM EDT
[#31]
Had a similar issue but never had to make a claim. I was informed something got backed up and my home owner insurance was never renewed. Even though they took my money for 2 years, and never informed me I was without insurance.

Long story short they cut me two check for $6,xxx each that came in the mail one day. I mean I was upset I wasn't covered, but that was a good day.
Link Posted: 4/18/2024 3:06:22 PM EDT
[#32]
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I tend to agree.  Repairs to sheet metal may cost some money, but we don't know for sure if it's higher than the deductible because there is no policy.

I'm glad OP called the insurance company and discovered this.  It would have been far worse if there was a fire.
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Unless the hail got bigger than what was in your video your roof should be fine. That was pretty small hail to damage a roof.
I tend to agree.  Repairs to sheet metal may cost some money, but we don't know for sure if it's higher than the deductible because there is no policy.

I'm glad OP called the insurance company and discovered this.  It would have been far worse if there was a fire.

metoo. Looked like small diameter hail not large clumps of small diameter hail
Link Posted: 4/18/2024 3:12:20 PM EDT
[#33]
I dunno, in all the houses I've owned over the decades, I always got my mortgage from a brick & mortar bank.  Never used a "mortgage broker".

Also never had a bank require me to escrow the property insurance payment.  Always made that on my own.

Also checked my mortgage statement monthly, including escrow amounts and payments made from it.

Continuous due diligence never goes out of style.
Link Posted: 4/18/2024 3:31:00 PM EDT
[#34]
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Might be a chore to get a bulldozer to india
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Might just have to visit the Mahindra Factory. In Minecraft of course.
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