Disturbing problem with mortgage company for KC man who paid his bills

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KANSAS CITY, Mo. -- James Roberson has lived in this home on Tracy Avenue in Kansas City for 30 years, but now he worries he could lose it.

In October, he received a foreclosure warning notice from his mortgage company. PHH Mortgage has accused Mr. Roberson of missing his last six payments.

"I pay every month," said Mr. Roberson, who depends on a breathing machine to allow him to do even simple tasks around his home.

And you don't have to take Mr. Roberson's word that he's been faithfully paying his mortgage, just ask his banker Judy Cardoza, the president of Crossroads Credit Union".

Mr. Roberson comes in and purchases a check once a month for his mortgage payment," Cardoza told Fox 4 Problem Solvers. In fact, it's the Credit Union that sends those checks directly to PHH Mortgage.

So when Ms. Cardoza heard about Mr. Roberson's plight, she immediately asked for a copy of all his mortgage checks.

"All the checks had been cashed by PHH Mortgage," Ms. Cardoza said (with the exception of September's check which was mailed back to Mr. Roberson by PHH.)

But PHH insisted in a letter that it doesn't have the money.

"If they are not crediting his mortgage account where is the money going to?" Ms. Cardoza asked.

In fact, she even tried to find out, but no one at PHH Mortgage would talk to her since she isn't on Mr. Roberson's account. And Mr. Roberson, whose mind and health are starting to fail, needs an advocate.

"I just felt like we needed to try and help him," Cardoza said. "It seemed like someone was trying to take advantage of him."

That's why Ms. Cardoza called Fox 4 Problem Solvers. We did a little digging. What we learned about the New-Jersey-based company was a little disturbing.

This summer, PHH was ordered to pay $109 million to the Consumer Financial Protection Bureau for taking kickbacks from mortgage insurers and overcharging for loans. PHH is appealing that decision.

Two years ago, PHH agreed to pay $6.3 million to the New Jersey Attorney General's office after being accused of illegally foreclosing on homes.

As far as Mr. Roberson's situation, a PHH spokesman told us he had a team working on the problem. The encouraging news is that once PHH finishes investigating Mr. Roberson's case, it plans to meet with both Mr. Roberson and his banker to explain what happened.

For now, Mr. Roberson's foreclosure is on hold, allowing this widowed 79-year-old to focus on his health instead of worrying about losing his home.

UPDATE:  <After learning of Mr. Roberson's mortgage problems, a Fox 4 viewer wrote a check for $1728, the exact amount Mr. Roberson had fallen behind on his mortgage, according to PHH Mortgage. Fox 4 Problem Solvers delivered the check to Mr. Roberson's credit union which forwarded it to PHH Mortgage --- solving Mr. Roberson's problem. In addition, Mr. Roberson is now having his mortgage payments automatically deducted from his checks to help protect him from missing a payment in the future.