PHH Mortgage to Pay $45M to Settle Multistate Litigation
The country's ninth-largest nonbank residential mortgage servicer was accused of improperly handling loans during the housing and foreclosure crisis that triggered the Great Recession.
January 03, 2018 at 03:23 PM
5 minute read
Attorneys general from 49 states plus the District of Columbia announced a $45 million settlement Wednesday with Mount Laurel, New Jersey-based mortgage lender and servicer PHH Mortgage Corp.
While the states' top lawyers talked about holding lenders accountable and protecting borrowers in their jurisdictions, the company admitted no wrongdoing and said it had already made most of the changes that are required under its agreement with a Multi-State Mortgage Committee, attorneys general and regulators.
“Our decision to resolve this legacy matter under the terms of the settlement agreement and consent orders is not an admission of liability or that we violated any applicable laws, regulations or rules governing the conduct and operation of our Servicing business during the relevant time frame,” PHH said on its corporate website Wednesday. “In fact, the Servicing Standards that we are required to adopt under the terms of the settlement are largely PHH's servicing standards today. We have made and will continue to make the necessary enhancements in our operations to ensure we remain compliant and continue to serve our customers in a fair and appropriate manner.”
The country's ninth-largest nonbank residential mortgage servicer was accused of improperly handling loans during the housing and foreclosure crisis that triggered the Great Recession.
The deal resolves litigation arising from the company's conduct between Jan 1, 2009, and Dec. 31, 2012. The settlement does not affect the company's liability of actions after Jan. 1, 2013. The lawsuit alleged that PHH failed to apply payments to loans accurately and promptly; respond to reasonable requests for assistance; maintain adequate documentation of standing to foreclose; and preserve account statements.
On Wednesday, prosecutors across the country issued press releases announcing the settlement.
“The foreclosure crisis continues to devastate communities,” New York Attorney General Eric Schneiderman said in a news release. “We have zero tolerance for the types of practices that helped create the crisis–and will hold mortgage companies to account.”
“This settlement holds PHH accountable for harm suffered by a significant number of borrowers in New Jersey and across the nation as a result of improper mortgage servicing,” New Jersey Attorney General Christopher Porrino said in a separate news release Wednesday.
Georgia Attorney General Chris Carr made the same point in a Wednesday news release. Both added that the agreement requires new servicing standards “to help ensure that the company does not repeat conduct that led to improper mortgage servicing and to provide financial relief to aggrieved homeowners.”
“This settlement sets up strict requirements for servicing standards,” Texas Attorney General Ken Paxton said in a statement. “Texas is dedicated to holding accountable any person or business that harms homeowners so egregiously.”
Florida Attorney General Pam Bondi said Wednesday that 10 percent of the PHH borrowers who filed complaints are in her state. She said 5,400 Florida borrowers will be eligible for payment.
Pennsylvania Attorney General Josh Shapiro said in a release: “We're going to ensure impacted Pennsylvania homeowners receive the restitution they're entitled to. I want them to call or email our Bureau of Consumer Protection. We're here to help them.”
The $45 million total PHH settlement includes the $30.4 million in payments to borrowers, $1 million for claims administration, an additional $5 million to the lead states who headed up the investigation and negotiations, including $390,000 to Florida, and a separate $8.8 million payment to state mortgage regulators, Bondi said.
Shapiro said 2,266 Pennsylvanians are eligible for a piece of the approximately $1.2 million the state is set to receive from the settlement.
Carr said 2,355 borrowers in Georgia are eligible for payment through the settlement. Schneiderman said 1,600 New Yorkers are included.
In New Jersey, Porrino said PHH is expected to make an estimated total of $746,925 in direct payments to harmed borrowers in its home state, including more than 280 foreclosed homeowners who are eligible for the minimum payment of $840, and more than 1,700 who are eligible for the minimum payment of $285.
Borrowers who were subjected to PHH foreclosures during the eligible period will qualify for a minimum $840 payment, and borrowers who faced foreclosures that PHH initiated during the eligible period, but did not lose their homes, will qualify for a minimum $285 payment. A settlement administrator will contact eligible payment recipients at a later date, Porrino said.
In December 2013, New Jersey entered into a $6.25 million settlement with PHH that resolved the state's own investigation into allegations that PHH misled financially struggling homeowners who sought loan modifications or other help to avoid mortgage delinquency or foreclosure, Porrino said. The 2013 settlement included $3.61 million in restitution for approximately 2,000 borrowers in New Jersey and across the country whose loans were serviced by PHH. Any PHH borrower who received restitution as part of the company's 2013 settlement with New Jersey will not be among those borrowers eligible to receive payments as part of the multistate agreement announced Wednesday.
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