Ditech Financial LLC

2018-04-19

Indianapolis, IN

Trouble during payment process

Mortgage: Other type of mortgage

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

Timely Response

2018-04-18

Jacksonville, NC

Trouble during payment process

Mortgage: VA mortgage

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

Timely Response

2018-04-18

Miami, FL

Struggling to pay mortgage

Mortgage: Other type of mortgage

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

Timely Response

2018-04-17

Struggling to pay mortgage

Mortgage: FHA mortgage

Company Response: Closed with explanation

Timely Response

2018-04-17

Hagerstown, MD

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Company believes the complaint is the result of a misunderstanding Closed with non-monetary relief

Timely Response

2018-04-17

Auburn, AL

Trouble during payment process

Mortgage: Other type of mortgage

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

Timely Response

2018-04-17

Ridgeville, SC

Trouble during payment process

Mortgage: Conventional home mortgage

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

Timely Response

2018-04-17

Lake Bridgeport, TX

Struggling to pay mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2018-04-17

Wakefield, MA

Trouble during payment process

Mortgage: Conventional home mortgage

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

Timely Response

2018-04-17

Key Biscayne, FL

Struggling to pay mortgage

Mortgage: FHA mortgage

Complaint: XX/XX/XXXX RE : Borrower Complaint Ditech Financial LLC ( Ditech ) Foreclosure Case Dear Sir/Madam : This is a consumer complaint regarding a wrongful foreclosure action against Ditech Financial. We are requesting your intervention to review the merits of our claims and the actions taken against by Ditech and previous servicers in this matter. The most relevant facts of the case are as follows : 1. The subject property is our home which we purchased in XX/XX/XXXX and we want to keep. o Loan Owner : XXXX XXXX Loan o Original Servicer : XXXX XXXX XXXX o Beginning Principal Balance {$200000.00} o Term : 30 years @ a fixed rate of o P & I : $ XXXX/Month o Escrow Account Waived 2. We failed to renew our Home Hazard Insurance coverage and provide proof of coverage to the Servicer ( XXXX ) in XX/XX/XXXX when our insurance coverage lapsed. 3. XXXX erroneously determined the mortgage in default for non-payment by claiming the mortgage account was contractually due as XX/XX/XXXX ; however, XXXX continued to collect our mortgage payments through XX/XX/XXXX post foreclosure action. This was a mortgage default forced by the Servicer. The Lis Pendens was filed on XX/XX/XXXX. 4. XXXX forced the mortgage default by demanding upfront payment of the Lenders Force Placed Insurance premium of {$17000.00} ( XXXX XXXX XX/XX/XXXX to XX/XX/XXXX ) in addition to the monthly mortgage payment. These charges were assed retroactively and covered a period that we were insured. 5. XXXX forced mortgage default was exacerbated because the Servicer applied the force-placed insurance premium retroactively and did not provide notice of Lender Force Placed Insurance or cost until XX/XX/XXXX. This was six ( 6 ) months after the policy had taken effect and the charges had been added to the monthly mortgage amount due. A clear violation of 12 CFR 1024.37 ( c ). 6. XXXX breached the mortgage contract by not providing notice regarding the revocation of the Escrow Waiver prior to adjusting the mortgage payment amount and initiating foreclosure action. Please refer to Section 3 of the Mortgage Contract. 7. XXXX did not credit our mortgage account or cancelled the force-placed insurance coverage cost when we had insurance coverage. Certificate of Insurance and Coverage Notices were provided to XXXX. Periods in question are listed below : a. XX/XX/XXXX to XX/XX/XXXX b. XX/XX/XXXX to XX/XX/XXXX XXXX. Since XX/XX/XXXX, we have asked the Servicer ( s ) /Servicers Attorneys on numerous occasions for a settlement/mediation which have been ignored or denied and have led to the extended delinquency period and significant increase to the unpaid principal balance. 9. The Mortgage account has been handled by ( 3 ) different Servicers and ( 8 ) different attorneys. This has hindered the possibility of a settlement, extended the delinquency period and increased the unpaid principal balance unnecessarily. 10. XXXX Lender Force Placed Insurance practices have long been found to be unfair, deceptive, and may be illegal, which have harmed homeowners and led to many mortgage defaults as a result. Such insurance premiums were exorbitant, excessive and unjustified. It has been established thru the settlement of court cases in New York and Pennsylvania against XXXX XXXX XXXX that the Servicer accepted kickbacks in exchange for using XXXX XXXX for Force-Place Insurance for their residential mortgage borrowers. In exchange, XXXX was required to pay these kickbacks to a XXXX affiliate as commission and such costs were then passed on to borrowers thru excessive and exorbitant Force-Placed Insurance rates. XXXX was not alone on this practice and many other Servicers including XXXX XXXX XXXX, which owned XXXX XXXX, were subjected to similar charges and litigation. Our homeowner insurance was {$4300.00} XXXX XXXX XXXX charged {$17000.00}. 11. XXXX 's practice of using robo-signers '' to attest to the amounts due and owned by the Borrowers without confirmation or personal knowledge of such accounts also resulted in many legal cases and settlements. The affidavit submitted by XXXX in our foreclosure case to the court to attest to the amounts owned was signed by XXXX XXXX, who prepared and signed off on foreclosures without reviewing them as the law requires. XXXX XXXX was the XXXX employee who was the first identified as a robo-signer and who acknowledged in sworn deposition that he prepared 400 such foreclosures a day. The significance of this is the robo-signing of affidavits and Assignments of Mortgage and all other mortgage foreclosure documents served to cover up the fact that loan servicers can not demonstrate the facts required to conduct a lawful foreclosure. Robo signers who sign off on loans and foreclosure actions without review, may have committed fraud by claiming knowledge of a financial matter of which they had no personal knowledge or did not verify. It could also mean that some people were wrongly foreclosed and evicted from their houses. XXXX 's recognition of liability as a result of this practice lead to the halting of all foreclosure action in 23 states including Florida on XX/XX/XXXX. We assert and believe that have demonstrated through the presentation of documentation on our various correspondence that our mortgage account and payments were mishandled and that XXXX XXXX affirm the amounts due without having personal knowledge of the mortgage account. 12. Our foreclosure case was also handled by the Florida XXXX XXXX XXXX based in XXXX. This was one of the major foreclosure mills in Florida that were investigated by the Florida Attorney General and the Florida Bar and subject of lawsuits and accusations of falsifying documents to speed up the foreclosure process. This also happened in our case since our attorney was able to show in court how the firm had not provided proper notice of default as required. 13. Ditech has not been responsive to our previous Settlement Offers & Dispute Letters have not addressed the specific issues at the core of this case. Although Ditech was not the original Servicer at the time the case was opened or took the actions in dispute, we believe this does not relieve Ditech from responsibility to address these issues or seek a resolution. The issues that Ditech has been unresponsive have been : Borrower continuing making payments through XX/XX/XXXX post foreclosure action. The Servicer not crediting the Borrowers account for the period the Borrower had insurance coverage The Servicer prior notices regarding Lender Force Placed Insurance and Charges or Escrow Waiver revocation as required by the Mortgage Contract. The Servicer force-placed insurance charges that were abusive, exorbitant and unjustified and that the Servicer erroneously classified the policy Tenant Occupied and the year of the home as unknown impacting rate. The Servicers has not given fair consideration to the Borrowers request regarding XXXX XXXX Homeowners Assistance to help homeowners in default prevent foreclosure if they want to keep their home and afford their mortgage payment ;
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2018-04-16

White Hall, PA

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2018-04-16

VA

Can't contact lender or servicer

Payday loan, title loan, or personal loan: Title loan

Complaint: I have tried several times to get my title lien cleared so I can get a new title from Virginia DMV. I called Ditect Financial Customer Service Dept.XX/XX/XXXX to request the title be released from Greentree, which was the finance company that financed my motor cycle. Greentree merged with Ditect Financial. I was told a ticket was opened and they would get back to me on or before XX/XX/XXXX. No one ever got back to me. I called again on XX/XX/XXXX and requested to talk to a manager. I was told that was not possible. I hung up and On XX/XX/XXXX sent a email to they complaint department. Received an email back stating that someone would get back to me in 3 to 5 days. No one has got back to me.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2018-04-16

Las Vegas, NV

Trouble during payment process

Mortgage: FHA mortgage

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

Timely Response

2018-04-16

Trouble during payment process

Mortgage: Conventional home mortgage

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

Timely Response

2018-04-15

TX

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Account status incorrect
Complaint: DiTech Mortgage is improperly placing a 30 day late on my mortgage trade line. I make extra payments nearly every month, just in case a payment isn't received by mail, or if payment changes and I haven't been warned ( See attached Payment History ). I received a notice that showed an account number different than the one I have on my ACH payments from XXXX XXXX. There are 2 accounts with DiTech that are in my name, but one of them is managed by my ex-wife and has been for over 10 years. So, I thought it might be hers. I would have been able to take care of this notice of short payment if the letter had the property address on it, but it didn't. I found that really odd. So, by the time I was able to hear back from my ex-wife, we were at the XX/XX/XXXX and a bit over {$100.00} was due. Since I was not at home or had bank routing information when speaking with a diTech representative, I had no choice but to send an ACH payment THAT DAY from my mobile phone ( See attached DiTech Supp Pmt ). My bank shows to have executed a payment on XX/XX/XXXX. DiTech is noting they didn't receive the electronic payment until XX/XX/XXXX ( See Payment History ). DiTech also is not applying my money payments WHEN RECEIVED. They claim to keep money " in suspense '' until the full amount is paid. My note ( See attached ) makes no mention of lender being allowed to hold payment and not apply it to the balance immediately. They are also not sharing with me where the money is being held, if it is collecting interest, and who is entitled to that interest. I ask that DiTech and ALL OTHER lenders CEASE and DESIST from this business practice of holding money in suspense. So, the bottom line is that I am paid well in advance of my amortization schedule, I pay extra every month so that nobody may report me as not being credit worthy, or paying back on time. I feel they are trying alternative ways to make money. I want late fees credited, the 30 day late removed from my credit, and a letter from DiTech stating their apologies for improperly handling this matter.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2018-04-15

Blackbird, DE

Trouble during payment process

Mortgage: Conventional home mortgage

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

Timely Response

2018-04-15

Struggling to pay mortgage

Mortgage: FHA mortgage

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

Timely Response

2018-04-13

Leeton, UT

Attempts to collect debt not owed

Debt collection: Mortgage debt

Debt was paid
Complaint: Ditech Financial is continuing to report a balance and collect on a debt, for a house sold. The balance was taken care of, and also this debt is past the statute of limitations.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2018-04-13

Houston, TX

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-13

Lugoff, SC

Trouble during payment process

Mortgage: Conventional home mortgage

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

Timely Response

2018-04-12

GA

Incorrect information on your report

Mortgage: Conventional home mortgage

Complaint: My ex husband and myself had a mobile home ( Home Mortgage ) with XXXX XXXX back in XX/XX/XXXX. I went through a horrible divorce as my husband was using drugs and failing to pay the bills which led to my having to divorce him. The Mortgage was in both of our names. We only had the Mortgage for one year and they got the trailer bc of being unable to pay debt. I was not working at the time as I had just given birth to my first child in XX/XX/XXXX ( she is now XXXX of age ) as this happened years ago. Now after 21 years, XXXX XXXX XXXX XXXX filled a XXXX XXXX to the IRS and the IRS alerted me which caused me an adverse affect on my IRS taxes. I received a l letter from the IRS XX/XX/XXXX which stated that due to DITECH Mortgage sending a XXXX with taxable income of {$17000.00}, this could cause me to have to owe the IRS {$2900.00}. IRS Told me to contact DITECH Financial to dispute this and request that DITECH Mortgage rescind the XXXX in order ( so it is not XXXX, XXXX taxable income ). I contacted DITECH at XXXX spoke with a " XXXX '' and I TOLD HER THAT I did not want to be recorded but she did it anyways. I told her that I never settled on an amount of XXXX XXXX of a debt from a mortgage that I had back in XX/XX/XXXX with DITECH nor did I ever receive a XXXX from them. I asked them to rescind the XXXX ( taxable income of {$17000.00} ) as this is a debt from " 20 Years ago '' in which I should not be taxed for taxable income of XXXX, XXXX on a debt from 20 years ago. However, XXXX refused to rescind ( reverse ) the XXXX. NOTE, I have suffered with my credit from this debt for over ten years and it was removed from my debt bc it has been over the 7 to 10 year period that the debt is lawfully removed from my credit. They can't go back 20 years later AND IN XX/XX/XXXX send the IRS and myself a XXXX form to tax me {$17000.00} for a debt from over 20 years ago that WAS charged off my credit report back in the year XX/XX/XXXX!!! this is very unfair and not allowed. ALSO< I disputing the fact that they kept putting this on and off my credit for over 20 years now and it has negatively affected my credit for way over the 7 year period. POINT BEING< IF THEY HAD PLANS OF TAXING ME AT {$17000.00} then they should have taxed me 20 yrs ago ( BEFORE THE 7 TO 10 YEAR PERIOD PASSED WHICH IS NOW WAY OVER ). If they were going to send a XXXX taxable income, they should have done this YEARS AGO NOT IN XX/XX/XXXX. I AM REQUESTING A COMPLAINT SUBMITTED AS THEY HAVE UNFAIRLY AFFECTED MY CREDIT PAST THE 20 YEAR PERIOD AND IT IS VIOLATING MY RIGHTS TO BE TAXED FOR SOMETHING IN XX/XX/XXXX ON A DEBT FROM THE YEAR XX/XX/XXXX
Company Response: Company believes complaint is the result of an isolated error Closed with explanation

Timely Response

2018-04-12

NJ

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: This is the second time I am complaining about this company. The first time my mortgage went into foreclosure. This began in XX/XX/XXXX. My lawyer sat on it for 2 years letting the statue of limitations run out. Then the company filed foreclosure. So my lawyer negotiated a re-fi. This first complaint # XXXX. This case was dismissed with prejudice in the courts. in XX/XX/XXXXIn XXXX XXXX XXXX, they stated I did not pay my mortgage. I sent them proof of payments. This time they have admittedly messed up my escrow account. I was told it was escalated but have received no communications in regards to that. Only communications I receive are calls for payment that they increased due to their escrow error. Every time I call or send emails I get passed around and there is never a resolution. They are damaging my credit and causing me hardship because of the higher rates they are forcing you to pay due to their admitted error. Numerous times as with my previous issues with them I have demanded they close my escrow account due to their mismanagement of fund yet they continue to ignore me.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2018-04-12

San Diego, CA

Trouble during payment process

Mortgage: FHA mortgage

Complaint: The company did address the fact that I have a loan modification in place that they have not been horning, they promised to send me copies or proof of my payments being return with a detailed accounting of the payments not a payment history which shows I have made payments in for XX/XX/XXXXand XX/XX/XXXX yet I can not report any mortgage interest for tax year of XX/XX/XXXX as it states I have not made payments yet the history clearly shows I have. However, I do not have the return payments that are in question. I would like to know why we have so much of conflict with my payment history when I am not 670 days past due as the payment history shows it. My payments per month per the loan medication issued in XX/XX/XXXX by XXXX is for {$1300.00} I have been making payments for XXXX. In summary I am very disappointed in the level of service and communication regarding my account with Ditech, I have called numerous times and have not gotten a call back, I have sent in the loan mod paperwork and have been approved for a loan mod that your company will not honor and did not have record of until I sent it but yet do not acknowledge it.. In Summary, This is a wrongful foreclosure process and proceedings, and I am disputing being 680 plus days in default.. It is not my fault the company DITECH did not know I have a loan mod that was approved by XXXX/Green tree. I am also disputing the said re instatement balance owed based on the fact that you have not proven where my payments are that have been sent for the last Year and half, and have not updated my mortgage balance with the correct amount owed as you did not have record of my current loan mod which is in question. Please stop this wrongful foreclosure and place my loan back into a payment status with the correct bal. please your co operation is appreciated.
Company Response: Company believes the complaint is the result of a misunderstanding Closed with explanation

Timely Response

2018-04-12

Bellaire, TX

Struggling to pay mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2018-04-12

South Florida, FL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Submitted a loan modification request for assistance via facsimile on XX/XX/XXXX and have been calling Ditech ever since. Everytime we call they put us on hold and say they are sending for review. Here is the following timeline : XX/XX/XXXX Spoke to XXXX ID # XXXX and he stated the underwriter is requesting the following documents : XXXX ( 4 pages ), XXXX, mortgage statements for other properties, and lease agreements. Faxed conditions to lender at XXXX. XX/XX/XXXX Called lender and spoke to XXXX ext. XXXX and he stated the only thing the underwriter is requesting is the XXXX tax returns because the copy they have is missing some pages. I faxed conditions to lender at XXXX. XX/XX/XXXX Called lender and spoke to XXXX ext. XXXX which stated as of XX/XX/XXXX notes the file is still pending review from the underwriter. XX/XX/XXXX Called lender and spoke to XXXX ext. XXXX and she stated the file is in review with the underwriter and the Loss Mitigation Representative assigned to the file. XX/XX/XXXX Called lender and spoke to XXXX ext. XXXX and she stated the file is still in review with the underwriter but she was going to submit an escalation request to see why there has been no movement or no other docs requested. XX/XX/XXXX Called lender and spoke to XXXX ext. XXXX and she is actually the relationship manager assigned on this file. She stated the file officially went to the underwriter with all of the documents they needed on XX/XX/XXXX. She said they have been extremely backed up because of the last 3 natural disasters but they are finally catching up on files. XX/XX/XXXX Spoke with XXXX at Ditech advised me he needs mortgage statement and property tax for property XXXX and a current lease for property XXXX. Fax to send docs XXXX. XX/XX/XXXX Called lender and spoke to XXXX ID # XXXX and she stated the last update was on XX/XX/XXXX and the file is still in review with the underwriter. XX/XX/XXXX Called lender and spoke to XXXX ext. XXXX which kept me on hold for 30 minutes to then tell me the same thing as always. She tried to reach out to the underwriter to get an update but there was no update so she sent them an email and it's just the same back in forth every time we call! Will file CFPB complaint. As you can see this has been ongoing and the file has yet to be reviewed. Nor do we even have a written acknowledgement that they received the application for assistance or a letter from them advising any documents are missing.
Company Response: Company believes complaint represents an opportunity for improvement to better serve consumers Closed with explanation

Timely Response