- Lack of controls related to document execution;
- Deficiencies in servicing, foreclosure, and loan modification;
- Deficiencies in control and oversight of third-party providers, particularly local foreclosure counsel; and
- Failure to retain required documents and failure to produce documents.
The settlement:
- Provides $31 million in cash payments for almost 52,000 borrowers nationwide who lost their homes to foreclosure or were in the foreclosure process from Jan. 1, 2009, to Dec. 31, 2012;
- Requires PHH to submit an administrative penalty of $8.8 million to state regulators; and
- Establishes a set of servicing standards PHH must follow going forward.
“Washington will not allow residential mortgage servicers to harm consumers by failing to properly service mortgage accounts,” DFI Division of Consumer Services Director Charles Clark said. “The newly established servicing practices should ensure that in the future PHH will timely and accurately process loan payments.”
“This settlement demonstrates a core responsibility of state regulators: to protect consumers from unlawful business practices,” DFI Director Gloria Papiez said. “This settlement exemplifies how multiple state regulators and attorneys general work together to hold accountable those who harm consumers.”