If PHH Mortgage has filed a foreclosure action against you in New Jersey, a foreclosure defense attorney at Friscia & Associates, LLC can review your case, identify available legal defenses, and work to protect your home. We represent homeowners throughout the state of New Jersey in foreclosure proceedings involving PHH Mortgage and offer a free initial consultation at (973) 500-8024.
Who Is PHH Mortgage?
PHH Mortgage Corporation is a mortgage servicer headquartered in Mount Laurel, New Jersey. PHH has a significant history in the New Jersey mortgage industry and has undergone several corporate changes over the years, including a merger with Ocwen Financial Corporation. PHH Mortgage Services acts as the servicer for loans owned by various investors and trusts, meaning the company collects payments, manages escrow accounts, and handles loss mitigation on behalf of the actual note holders. In New Jersey foreclosure actions, PHH Mortgage may appear as the plaintiff in its own capacity or as the servicer acting on behalf of a securitized trust or other investor entity. Due to its New Jersey headquarters and its significant servicing portfolio, PHH is a frequent party in foreclosure proceedings filed in this state.
Common Issues Homeowners Face with PHH Mortgage
Homeowners involved in foreclosure actions brought by PHH Mortgage frequently encounter servicing problems that can directly affect their case and their ability to save their homes. These issues are particularly common given PHH’s corporate history of mergers and servicing transfers.
Servicing Transfer and Record-Keeping Issues: Due to PHH’s merger with Ocwen and other corporate changes, loan records have been transferred between systems multiple times. Homeowners have reported that payment histories were incomplete or inaccurate after these transfers, that escrow calculations were incorrect, and that account balances did not reflect payments that were actually made. These record-keeping failures can create false delinquencies and inflate the amounts claimed in foreclosure proceedings.
Loss Mitigation Processing Failures: Homeowners seeking loan modifications or other assistance through PHH Mortgage have reported that the servicer lost submitted documents, failed to acknowledge applications within the timeframes required by federal law, requested the same information repeatedly, and denied applications without adequate explanation. These problems may violate the loss mitigation protections under RESPA (12 C.F.R. § 1024.41).
Communication Breakdowns: Borrowers have described difficulty reaching knowledgeable representatives at PHH Mortgage, being transferred between departments without resolution, and receiving conflicting information about their account status and available options. PHH is required under federal law to provide a single point of contact during the loss mitigation process, and failures in this regard can form the basis of a legal claim.
Improper Fees and Charges: During the foreclosure process, PHH may add inspection fees, property preservation charges, and legal costs to the borrower’s account. If these fees are unreasonable, duplicative, or were not properly disclosed, they may be challenged in the foreclosure defense.
Legal Defenses Against PHH Mortgage Foreclosure in New Jersey
New Jersey law provides homeowners with multiple defenses that may apply when PHH Mortgage initiates a foreclosure action. An experienced attorney can analyze the facts of your case and assert every available defense.
Lack of Standing
Because PHH Mortgage typically services loans owned by investors and trusts, standing is often a critical issue. The entity filing the foreclosure must demonstrate that it holds the note and mortgage or has been validly assigned those instruments. If assignments in the chain were defective, executed after a trust’s closing date, or if the note was not properly endorsed, the foreclosing party may lack standing. Given PHH’s corporate restructuring history, chain-of-title issues are particularly common in these cases. A successful standing challenge can result in dismissal of the foreclosure complaint.
New Jersey Fair Foreclosure Act Violations
The New Jersey Fair Foreclosure Act (N.J.S.A. 2A:50-53 et seq.) requires that borrowers receive written notice of intent to foreclose at least 30 days before the complaint is filed. The notice must include specific information, including the amount needed to cure the default and the borrower’s right to cure. If PHH Mortgage failed to comply with these notice requirements, the foreclosure action may be subject to dismissal.
RESPA Violations (12 C.F.R. § 1024.41)
The Real Estate Settlement Procedures Act requires mortgage servicers to follow specific loss mitigation procedures. PHH Mortgage must acknowledge receipt of a loss mitigation application within five business days, exercise reasonable diligence in obtaining necessary documents, and evaluate the borrower for all available options before proceeding with foreclosure. If PHH moved forward with foreclosure while a complete application was pending or failed to properly evaluate available options, these violations may serve as a defense.
Truth in Lending Act (TILA) Issues
If the original lender failed to make accurate disclosures as required by TILA at the time your loan was originated, these violations may provide grounds to challenge the enforceability of the mortgage obligation, even if PHH Mortgage was not the original lender.
Predatory Lending and Unconscionability
If your loan was originated under circumstances involving deceptive practices, inflated appraisals, or fundamentally unfair terms, defenses based on predatory lending or unconscionability under New Jersey law may apply. The New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) may provide additional relief.
Why You Need an Attorney for PHH Mortgage Foreclosure Defense
Foreclosure in New Jersey is a judicial process conducted through the Superior Court. PHH Mortgage retains experienced foreclosure counsel, and without legal representation, you face the risk of missing deadlines, failing to assert available defenses, and losing your home. An attorney can review the entire loan file, identify servicing errors and chain-of-title defects, negotiate with PHH Mortgage regarding loss mitigation, and represent you throughout the court proceedings.
How Friscia & Associates Helps Homeowners Fight PHH Mortgage
Friscia & Associates, LLC represents homeowners across all 21 counties in New Jersey in foreclosure defense matters. Our firm handles cases involving PHH Mortgage and understands the unique chain-of-title and servicing transfer issues that arise with this servicer.
We provide a free initial consultation where we review your situation and explain your legal options. If we identify viable defenses, we will develop a strategy to protect your home and your rights. We handle all aspects of the case, from filing responsive pleadings to representing you in court.
Contact Friscia & Associates Today
If PHH Mortgage has filed a foreclosure action against you in New Jersey, contact Friscia & Associates, LLC as soon as possible. Call (973) 500-8024 for a free consultation. We serve homeowners throughout the entire state of New Jersey.
Frequently Asked Questions
Can I fight a PHH Mortgage foreclosure in New Jersey?
Yes. New Jersey homeowners have legal defenses available in PHH Mortgage foreclosure cases, including standing challenges, Fair Foreclosure Act violations, and RESPA claims. An attorney can evaluate the specific facts of your case.
What is PHH Mortgage’s connection to Ocwen?
PHH Mortgage Corporation merged with Ocwen Financial Corporation. PHH Mortgage Services handles loan servicing operations, and you may see either name in court documents or correspondence related to your loan.
Does Friscia & Associates offer free consultations for PHH Mortgage foreclosure cases?
Yes. Friscia & Associates, LLC provides a free initial consultation to New Jersey homeowners facing foreclosure by PHH Mortgage. Call (973) 500-8024 to schedule yours.
What if PHH Mortgage did not properly evaluate me for a loan modification?
Under RESPA (12 C.F.R. § 1024.41), PHH Mortgage is required to evaluate you for all available loss mitigation options when you submit a complete application. Failure to do so may constitute a violation that can be asserted as a defense to the foreclosure.
Legal Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Every foreclosure case is different, and outcomes depend on the specific facts and circumstances involved. If you are facing foreclosure, you should consult with a qualified attorney to discuss your individual situation. Past results do not guarantee future outcomes.