Ditech Financial LLC

2017-02-04

Cottleville, MO

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-04

Fort Worth, TX

Loan servicing, payments, escrow account

Mortgage: FHA mortgage

Complaint: I sold my property 2 years age and paid off the loan serviced by GreenTreeServicing LLC. They continue to report that I have not paid the loan and that I still owe on it, when it was clearly settled. This is affecting my credit reports as they are being non cooperative.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-03

Highland Park, CA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-03

Mesa, AZ

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Company believes complaint is the result of an isolated error Closed with explanation

Disputed: No Timely Response

2017-02-03

Lucerne, CA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-03

Saratoga, CA

Application, originator, mortgage broker

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-03

Knightsville, SC

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-03

Mc Donough, GA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-03

Stkn, CA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Company believes the complaint is the result of a misunderstanding Closed with explanation

Disputed: No Timely Response

2017-02-03

Odell, OR

False statements or representation

Debt collection: Credit card

Indicated committed crime not paying
Complaint: We received a XXXX XXXX from Ditech Financial LLC. for an account that was " settled in full in XXXX '' for an old account. Ditech has stated they sent this form into the IRS and we will need to claim it as income for XXXX. Since the Fair Credit Reporting Act states I need only keep this information for 7 years I no longer have the settlement in full agreement. We have Never had an acct with Ditech
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-02

Detroit, MI

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Company believes complaint represents an opportunity for improvement to better serve consumers Closed with explanation

Disputed: No Timely Response

2017-02-02

Richmond, KY

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-02

Winton, CA

Disclosure verification of debt

Debt collection: Mortgage

Not given enough info to verify debt
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-02

Belleville, IL

Managing the loan or lease

Consumer Loan: Installment loan

Company Response: Company believes the complaint is the result of a misunderstanding Closed with explanation

Disputed: Yes Timely Response

2017-02-02

Edgemont, NY

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-02

Denver, CO

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Company believes the complaint is the result of a misunderstanding Closed with explanation

Disputed: Yes Timely Response

2017-02-02

Las Vegas, NV

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Company can't verify or dispute the facts in the complaint Closed with explanation

Disputed: Yes Timely Response

2017-02-02

Bohemia, NY

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Complaint: I placed a complaint number XXXX where Ditech responded inaccurately. Again I am requesting a itemized breakdown on how they are arriving at the total amount past due so as I can liquidate my retirement account and bring this account current. As of XXXX XXXX XXXX according to a statement sent to me Ditech claims the totat amount past due is {$62000.00} where this calculation is inflated and before I send out a check for over {$50000.00} I want them to place in writing clearly how they are arriving at their total amount past due. The other issue in the original complaint which Ditech was not truthful claiming they never received the property tax reduction documentation where my property tax grievance reduced my taxes over {$3000.00} per year. On XXXX XXXX, XXXX I received a letter where it stated as per the origninal terms of my mortgage with XXXX before it was sold that on XXXX XXXX XXXX the interest rate increases to 4.0 % and my monthly payment according to Ditech as of XXXX XXXX, XXXX will be XXXX. This calculation is incorrect because it is not factoring in the reduction of my property taxes and their response to the original complaint that they did not received documentation is false. I am requesting a property breakdown of how they are arriving at this monthly payment amount of {$2500.00}. What this complany has done in essence is take advantage of someone who was suffering from a temporary XXXX and has dragged this matter on with false promises of a modification while playing a paperwork delay game where they allegedly applied for modifications four times of the past year. In XXXX XXXX when the company was named Green Tree I was instructed to stop making payments so I would have a better chance at the mortgage being modified and the clock reset to a 20 year mortgage and in some instances a 40 year mortgage.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2017-02-02

Chula Vista, CA

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: I submitted an online bill payment to Ditech for a mortgage payment on XX/XX/XXXX and confirmed with my bank ( XXXX XXXX XXXX ) that the payment was mailed XX/XX/XXXX. I was advised by a Ditech rep XX/XX/XXXX that payments are backdated based on when payment was postdated, which I learned later may be incorrect. Ditech posted my XX/XX/XXXX payment on XX/XX/XXXX and reported 30-day late with all XXXX major credit bureaus. I called Ditech XX/XX/XXXX and they advised me they would escalate my customer service issue to a supervisor named XXXX XXXX so they can review recorded calls substantiating how I was misadvised on payment processing/posting times. I did not receive a call or any correspondence from Ditech so I conducted a conference call between my bank & Ditech to resolve payment issue on XX/XX/XXXX. I spoke to XXXX XXXX at Ditech and she was very dismissive of my request and became very agitated indicating there was no wrongdoing on their end in regards to posting 30-day late. I simply asked how they verify when a mailed payment was received and she gave me XXXX inconsistent responses. The first response indicated a Ditech employee stamps the payment with a date of receipt while later during the call, she indicated that I should call the XXXX post office because they stamp when it was rec 'd. Understanding that the call would not result in a resolution, I ended the call respectfully. I was wrongfully treated as a customer who habitually makes derogatory payments. I work in the mortgage industry and understand the importance of making timely payments. I have not had any 30-day late payments since XX/XX/XXXX, which is testament to my character and willingness to pay-as-agreed but Ditech thought otherwise and was unwilling to further investigate why the payment was processed a week after it was sent out when my previous 6 payments were made thru the same system but was posted within 1-2 days of when it was mailed. Please contact me so I can provide more details and provide documentation to support my claim.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2017-02-02

Bedford, TX

Taking/threatening an illegal action

Debt collection: Mortgage

Seized/Attempted to seize property
Complaint: XXXX/XXXX/XXXX We refinanced our home with a loan from XXXX, made payments until XXXX/XXXX/XXXX when the market crashed. See Exhibit XXXX XXXX/XXXX/XXXX XXXX XXXX a Notice of Default and Acceleration letter and said specifically, " If the default is not cured on or before XXXX XXXX, XXXX, the mortgage payments will be accelerated with the full amount remaining accelerated and becoming due and payable in full, and foreclosure proceedings will be initiated at that time. '' Clearly stated, this is not a foreclosure, but foreclosure may happen in the future. See Exhibit 2 XXXX XXXX, XXXX came and went with no additional notices or legal actions as stated in the previous notice. XXXX/XXXX/XXXX I file for BK See Exhibit XXXX XXXX/XXXX/XXXX I waived my right to a discharge for all debt, letter mailed to creditors XXXX/XXXX/XXXX. Statue of Limitations begins to run again 30 days after the mailed letter, XXXX/XXXX/XXXX See Exhibit XXXX. XXXX/XXXX/XXXX XXXX XXXX XXXX sends another NOD stating " XXXX XXXX XXXX, XXXX. intends to initiate foreclosure action on the mortgaged property. '' This another threat of a lawsuit that never came, but never the less another " Notice '' and reference a future action that that bank intends to take. See Exhibit 5 XXXX XXXX XXXX transfers servicing to XXXX, and later to Ditech. XXXX/XXXX/XXXX XXXX XXXX sends Notice of Default and Acceleration letter, just like in XXXX/XXXX/XXXX, XXXX/XXXX/XXXX and other notices over the previous 7+ years. This is another Notice ; a foreclosure has still not commenced and no other legal action has taken place. See Exhibit 6 According to WA State law, the 6-year statute of limitation for lender to collect on the debt was up on : XXXX/XXXX/XXXX. RCW XXXX : Statute of Limitations requires a lender to take an actionto enforce within 6 years of the acceleration for written contracts. Law dictionary define an action as : n. a lawsuit in which one party ( or parties ) sues another. I still have not been a party to a lawsuit that would toll the statute. Exhibit 7 XXXX/XXXX/XXXX comes and goes and no lawsuit is filed. The lender has had over 7 years to take action, still no lawsuit filed, and over 6 years of the Statute of Limitations running. Exhibit XXXX XXXX/XXXX/XXXX Trustee records Notice of Trustee Sale, with sale date XXXX/XXXX/XXXX. Again, a NOTICE as in the title of the document. Lender specifically is choosing not to take legal action and file a lawsuit, rather to follow a non judicial process AFTER the debt is barred from collection. Exhibit XXXX XXXX/XXXX/XXXX comes and goes, several continuances of sale are issued. Trustee is aware of SOL issues. Phone calls and letters explain to trustee the situation and they do n't have the sale. XXXX/XXXX/XXXX ( 120 days past sale date ) comes and goes with no sale occurring. WA foreclosure law requires lender to start the foreclosure process again. Still, no tolling has occurred yet. XXXX/XXXX/XXXX Trustee records Discontinuance acknowledging that they have to start over but the last day to have the sale was XXXX See Exhibit 10 Trustee also records new NOTS with new sale date of XXXX/XXXX/XXXX. They are starting over with the foreclosure process on XXXX/XXXX/XXXX. See Exhibit 11. Now, the lender is wrongfully trying to collect a debt that is barred from collection AGAIN! Either way, the 6-year SOL has passed on XXXX/XXXX/XXXX, over 302 days past the 6 year tolling date, and over 8 years past the first late payment. XXXX/XXXX/XXXX XXXX XXXX XXXX agrees to continue the sale until XXXX/XXXX/XXXX to look into this further. See Exhibit 12. As of XXXX/XXXX/XXXX, I have still not been sued by the lender, Bank, " holder '' " servicer '' or any other party claiming to have standing to do so, nor has anyone commence a Judicial Foreclosure. PLEASE HELP!!!
Company Response: Company believes the complaint is the result of a misunderstanding Closed with explanation

Disputed: Yes Timely Response

2017-02-01

Indianapolis, IN

Settlement process and costs

Mortgage: Conventional fixed mortgage

Complaint: I am very devastated of the way Ditech has handle my loan. I submitted all documents needed to be review for a Deed in Lieu. However I have an active sale date for XX/XX/2017. I confirmed with the Ditech Foreclosing Attorneys " XXXX '' and they have not received any request from Ditech to push my sale date BACK or to have it canceled until my Deed in Lieu is finish. I recently received a letter from Ditech dated XX/XX/2017, they have a complete packet and that they will respond within 30 days. However, I am XXXX because my sale date is still active with the Foreclosing Attorneys. I am tired that Ditech keeps prolonging my case. I am XXXX years old and it has been very difficult to move around. I am just waiting on my Deed in lieu so I can live in peace. I am too old to start all over. I have tried to negotiate a modification however ; I was not " eligible '' based on Ditech. Therefore, my last option will be a Deed in Lieu. Please help me I do not want to die before I can resolve this issue.
Company Response: Company believes complaint is the result of an isolated error Closed with explanation

Disputed: No Timely Response

2017-02-01

Hamburg, MN

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Complaint: A second property that I previously owned was foreclosed on XX/XX/2011. This property had both a first and second mortgage on it with XXXX XXXX XXXX. The first was properly foreclosed on and was properly reflected on my credit bureau. The second mortgage was sold to a company that is now calling itself Ditech Financial. This loan states that the account was charged off however it is still reported with a past due status on my credit report. When I contacted the company to resolve the issue, they attempted to collect money from me ( even though the credit report clearly reflects that the loan has been charged off and written off their books ).
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2017-02-01

Auburn, WA

Loan servicing, payments, escrow account

Mortgage: FHA mortgage

Company Response: Company believes the complaint is the result of a misunderstanding Closed with explanation

Disputed: Yes Timely Response

2017-02-01

San Jose, CA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Complaint: I am forming another compliant against Ditech with the hopes of making it more precise. My problems started when XXXX sold my loan to Greentree/Ditech. XX/XX/XXXX, Ditech sent me a letter stating that my escrow overage amount would increase and the shortage was {$890.00}. They stated they would spread it out over a 19 month period ( refer to XXXX page of escrow account disclosure statement ) ; however I sent in the full payment of {$890.00}, check dated XX/XX/XXXX, that cleared my bank ( see enclosed ). When I received my XX/XX/XXXX, statement they showed I owed {$2000.00}, I assumed it was because they had not received my payment in full In the amount of {$890.00} because I did not sent it off until the XXXX of that month. I did call them to let them know I choose to pay in full and not have it added in my monthly payments. Therefore, I informed them I would mail in my regular payment under the XXXX agreement which was {$1900.00} based on the interest rate. My interest rate went up XX/XX/XXXX ; however the effective payment date was XX/XX/XXXX. Ditech has been holding my XX/XX/XXXX mortgage payment in a " Funds in Suspense Balance, '' in the amt. of {$2100.00}. Please refer to a statement I enclosed ( dated XX/XX/XXXX ). The information is located under account information in the first column. Since that date, every payment I have sent in, Ditech has applied to the previous month ; therefore they state I am one month behind on my mortgage. Let 's just say my payments were {$2000.00} for XX/XX/XXXX ; well the amount they are holding in the " Funds in Suspense Balance '' exceed the amount they stat I owe. In addition, I have enclosed just a few of the letter 's Ditech has sent me, dated XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX stating different amounts that I owe, maybe they can explain those to you because they make no sense to me. If you refer to the analysis report enclosed, the records will show that they paid my escrow amount on XX/XX/XXXX, in the amount of {$3100.00}. If you add the balance of {$2700.00} with the {$890.00} payment I mailed in on XX/XX/XXXX ( it cleared my bank on XX/XX/XXXX, please refer to back of check enclosed as well ) the amount total {$3600.00}, which was more than enough with some left over. On XX/XX/XXXX, Ditech sent me a letter stating they conducted an escrow analysis report, however they did not fracture in the {$890.00} cashed by them on XX/XX/XXXX, which was after the statement was sent, but before the XX/XX/XXXX escrow payment was made. In addition, to all the other letters, they sent me a letter stating I had a past due amount of {$64.00}. By the way in the letter they sited my payment had not been received on time for that month, well the post office would disagree. I sent it certified and tracked, and if staff entered it a day or so late that is on them which is why I was n't charged a late fee. ( letter enclosed ). I literally have a 3-ring binder full of mail from Ditech, sending me information about foreclosure, sending me to their collection dept., denied me XXXX modification ; however, they will say I rejected them. I have several letters showing they rejected me. They requested the same information over and over, but that was not sufficient. When I applied the 2nd time they rejected me stating it was because I rejected the first one, which is n't true. I also sent a cease and decease letter siting the law that was notarized and they ignored it I pray you can help me resolve this on-going very stressful matter. Ditech is giving me the runaround as a struggling homeowner receiving Social Security XXXX ( since XX/XX/XXXX ), harassing me, sending me to collection, sending me foreclosure mail, and doing their best to confuse everyone, sending out different letter 's with amounts I owe them. Please carefully review the proof I have enclosed. I have not missed or been late on a payment, and I am a good custome
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: Yes Timely Response

2017-02-01

Glen Park, NY

Loan modification,collection,foreclosure

Mortgage: FHA mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response