Ditech Financial LLC

2017-12-16

Desoto, TX

Struggling to pay mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2017-12-15

Phila, PA

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

2017-12-15

Milwaukee, WI

Trouble during payment process

Mortgage: FHA mortgage

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

Timely Response

2017-12-15

Wesley Chapel, FL

Attempts to collect debt not owed

Debt collection: Mortgage debt

Debt is not yours
Complaint: On XXXX XXXX, XXXX, I was served by Ditech Financial, LLC, with a summons and complaint naming me as a defendant in a foreclosure action on mortgage loan that is not even mine, and seeking from me, personally, repayment of an outstanding balance on the promissory note, Ditechs attorneys fees and costs, plus for amounts Ditech claims to have advanced to pay for property taxes and casualty insurance. Ditech is being represented by XXXX XXXX XXXX, XXXX. of the law firm XXXX XXXX XXXX XXXX, XXXX, of XXXX XXXX, Florida. The complaint was also purportedly verified by one of Ditech 's employees, Document Records Specialist XXXX XXXX, who acknowledged such under oath on page 5 of the complaint. The mortgage loan at issue belongs to my deceased grandparents, XXXX and XXXX XXXX. As paragraph 3 in the attached copy of the complaint shows, even Ditech acknowledges the fact that this mortgage loan was executed by my grandparents and attached copies of the promissory note and mortgage lien to the complaint showing this, which are also attached here. Ditech is also aware of the fact that both are now deceased and even gives their correct dates of death in paragraphs 9 and 10. However, instead of naming my grandmothers estate as the defendant, since that is the correct party against whom Ditech should proceed against, in paragraphs 6, 8, 11 and 14, Ditech goes on to assert the aforementioned claims against me personally, even though I did not sign the promissory note and mortgage lien and have nothing to do with this loan whatsoever. In paragraph 12 of the complaint, Ditech also wrongly claims that I am the owner of the real property, but as the attached record from the county property appraisers office shows, my grandmother is still listed as the owner of record. It would have taken all of 10 seconds for someone to research this online, as well as verify that the allegations in the complaint conformed with the attached evidence, but apparently neither XXXX XXXX or anyone employed by Ditech could be bothered to do so. In addition, I received a letter from the county tax collectors office directed to my grandmother, also attached here, showing property taxes have not been paid since her estate made its last payment at the end of XXXX, so Ditech has not advanced any money for this, even though it claims it may have in the complaint. Also attached is the most recent monthly statement from Ditech that is directed to my grandfather, so Ditech is fully aware that the correct identity of the borrower is not me. Approximately a year prior to this, I was the petitioner in a probate case of my grandmothers estate because I was one of the named beneficiaries in her will. The petition proposed surrendering the real property to Ditech, or rather, its predecessor Green Tree Servicing, LLC, to cover the outstanding balance on my grandparents mortgage loan. The court agreed with this proposal because it discharged the estate, and under the implicit assumption that Ditech would foreclose on the correct party to recover the property, and not the named beneficiaries. In addition, in or about XXXX XXXX, I had to file a separate complaint with the CFPB because Ditech was calling me up to 5 or 6 times per day to harass me personally about a past due payment on my grandparents mortgage loan. Nobody then seemed to want to understand that the monthly payments on the loan were not my personal responsibility, and with this foreclosure suit, Ditech and its legal counsel seemingly have not yet comprehended that.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-15

N Palm Beach, FL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2017-12-15

Bozeman, MT

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I lost my source of income during the fall of XXXX and fell behind on my mortgage payments that Ditech serviced. In XXXX XXXX, I called Ditech and was told I would not be approved for a modification since any modified PI payment would be greater than the pre mod payment. I was referred to their attorneys. Their attorneys referred me back to Ditech. Despite over ten requests to change my mailing address, Ditech continued to mail correspondence to an incorrect mailing address. Not once did I contact Ditech and find my " assigned '' rep. Between XXXX and XXXX XXXX I contacted DiTech numerous times requesting additional opportunities for modification or alternative ways to avoid foreclosure such as a repayment plan. None were provided other than a short sale and deed in lieu. I educated myself on Fannie Mae 's modification programs. I knew that the XXXX XXXX program had replaced all others and that XXXX XXXX, XXXX was the deadline for its implementation. I also knew that the XXXX program was sensitive to those consumers beyond 90 days default with a foreclosure sale date set. This sensitivity expressly stated that requests for modifications did not need documents or borrower financials if default was greater than 90 days. Ditech continued to insist that any modification request would need an accompanying completed package. Randomly one afternoon in XXXX I was verbally told my flex modification was denied. I had crunched the numbers using the Fannie Mae 's XXXX XXXX waterfall guidelines ( straight from XXXX XXXX XXXX website and on their letterhead ). Under every scenario, my modification would be approved. Ditech said " nope ''. I sent letters of error and for information to Ditech which were answered well after their mandated deadline and also sent to that incorrect address mentioned earlier. The letter provided a breakdown of the figures and calculations they used to deny the modification. The letter provided evidence that Ditech had not followed XXXX XXXX XXXX servicer XXXX guidelines as seen in step 2 which requires an interest rate being set at the lower of my fixed rate or XXXX XXXX XXXX. Also step 4 and 5 of the guidelines were not even discussed as Ditech simply stated I did not qualify. I have all the necessary inputs for the flex mod. I have worked in the real estate field all my life. I have reviewed and calculated dozens of potential scenarios. Ditech has lied to me, misrepresented their actions, scheduled a foreclosure date, refused to offer any other alternative to losing my home. Most importantly TODAY I was told once again that I would not be approved and I could send in a complete package for review but that the date of sale was firm. This one conversation summarizes my experience with Ditech. 1 ) No package is necessary since I am more than 90 days in default under the XXXX program. 2 ) Ditech was affirming a denial that did not include 3 of the 5 steps in XXXX XXXX XXXX servicer guidelines. 3 ) The call ended with an overt Indication that I would be dual tracked even if I followed their fraudulent instructions.
Company Response: Company believes the complaint is the result of a misunderstanding Closed with explanation

Timely Response

2017-12-15

Keyport, WA

Attempts to collect debt not owed

Debt collection: Mortgage debt

Debt is not yours
Complaint: I XXXX XXXX XXXX have been receiving debt collection letters for over a year now for a property that was awarded to my EX-WIFE in the divorce. she let it become repossessed and is refusing to pay the debt for the property which has now gone to collections. Since it was her as awarded by a judge in the divorce proceedings the debt is hers.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-15

Petersburg, VA

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2017-12-14

Scottsdale, AZ

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

Complaint: I am writing this letter to dispute the denial which we received on XX/XX/XXXX to our recent request for termination of PMI. The reason on the denial letter from our mortgage company was “Ditech has obtained a valuation showing the value of the property securing the mortgage has declined below its original value.”According to the appraisal report requested through the Ditech process, the appraiser report values our property at XXXX. The purchase price of our property XX/XX/XXXX was at XXXX which was the appraisal value at the time. This is an increase in value and not a decrease in value.Our current loan amount as of XXXX XXXX is XXXX which gives us the loan to value to warrant the cancellation of our PMI. Our request is to have the PMI cancelled as requested through the Ditech process. Please review . Thank you!
Company Response: Company believes complaint represents an opportunity for improvement to better serve consumers Closed with explanation

Timely Response

2017-12-14

Tampa, FL

Incorrect information on your report

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

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

Timely Response

2017-12-14

Janesville, WI

Trouble during payment process

Mortgage: Other type of mortgage

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

Timely Response

2017-12-14

Brown Deer, WI

Incorrect information on your report

Mortgage: Conventional home mortgage

Company Response: Company disputes the facts presented in the complaint Closed with explanation

Timely Response

2017-12-14

Magna, UT

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

2017-12-14

Warren, TX

Trouble during payment process

Mortgage: Other type of mortgage

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

Timely Response

2017-12-14

Del Sur, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-12-13

Mill Creek, IN

Struggling to pay mortgage

Mortgage: Other type of mortgage

Complaint: XXXX XXXX XXXX ( XXXX ) is refusing to postpone my sale date, although they are in possession of a full package for loan modification review. This is a direct violation to the National Mortgage Settlement ( NMS ) of XX/XX/XXXX, which prohibits the following abusive mortgage servicing standards. XXXX of XXXX, NMS, identified various abusive practices being performed by mortgage servicers such as XXXX, as well as other large banking key players which indulged in the same predatory practices as a whole. The wave of foreclosures exposed numerous problems : robo-signed affidavits that were turning up in foreclosure proceedings ; lost notes ; excessive fees ; dual tracking where banks would simultaneously pursue a foreclosure while telling the borrower that his loan modification application was still under consideration ; and the servicers generally not living up to their obligations as servicers. XXXX, has been in possession of request for assistant modification documents since XXXX XXXX, XXXX. However they have refused to process these documents and continuously proclaim to still be missing items. The items which are expressed to be missing are mixed and matched, meaning if 25 pages are sent and 25 pages show successful transmitted via fax, by the time the documents are uploaded by XXXX, only 15 pages have completed the process. In particular, we have had to resend the same copies of the XXXX form and all supporting documents, bank statements as well as proof of income 6 times all of which show successful transmission via fax. Bank statements have been sent multiple times with the same results. This has gone on since XXXX XXXX, XXXX. My account is being purposely overlooked because XXXX and their sister company formerly known as Green Tree ( XXXX ) are in collusion to foreclose on my home since there has been a gradual increase in my equity. Also if the force my loan into foreclosure, I believe that XXXX will filing a claim with Fannie Mae to cover the loan at the governments expense, which is considered a false claim against a government insured loan which violates servicing contracts had between XXXX XXXX and XXXX. Illegally forcing my loan into foreclosure is prohibited under consumer federal protection laws and also in violation to the Dodd Frank act of XXXX. My loan has never been modified in the past and XXXX, is using the abusive tactics of XXXX in order to violate the servicing rights between myself the owner of my loan XXXX XXXX. There are programs designed specifically for modification purposes of my loan under XXXX XXXX Im filing this complaint in part to also make Fannie Mae aware of the abusive actions of XXXX, as servicer of my loan. Our loan has also been transferred from multiple single point if contacts, which results in misapplication documents. Further the result of what may amount to thousands of documents during the duration of the request process from XXXX, has cost me financial detriment. Also we have our mortgage account has been charged more than {$15000.00} in junk fees not to mention the compounded interest which has been applied to our loan unjustly. XXXX, has committed this type of illegal financial enrichment on multiple levels surrounding the servicing of our loan. We do not have a single point of contact, there is a different spokesperson every time and inquire is made on my loan. We have even had this matter escalated to a manager by the name of XXXX ID # XXXX, on XXXX XXXX, XXXX, and stated all of the necessary documents were found and still nothing has been done to correct this issue. Today we called XXXX, and now were being told documents are not there and have not been received. Restriction on dual track foreclosure : Mortgage servicers are restricted from advancing the foreclosure process if the homeowner is working on securing a loan modification. When a homeowner completes an application for a loan modification, the foreclosure process is essentially paused until the complete application has been fully reviewed. Guaranteed single point of contact : Homeowners are guaranteed a single point of contact as they navigate the system and try to keep their homes a person or team at the bank who knows the facts of their case, has their paperwork and can get them a decision about their application for a loan modification. At this point we are seeking a firm to assist in filing a civil lawsuit against XXXX and company for collusion, misrepresentation, fraud and mortgage servicing abuse and various custodial servicing issues. Im completely done with the runaround and I intend to do something about it before I lose my home an all that Ive worked for.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-13

Murray, UT

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: The lender has failed to respond to our QWR and Notice of error request sent on XXXX/XXXX/XXXX and are proceeding to sale set for XXXX/XXXX/XXXX - the lender is in violation of regulation X-12 USC 2605 ( e ) ( 1 ) and the clients right to counsel.
Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Timely Response

2017-12-13

Fresno, CA

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

2017-12-13

Lb, CA

Incorrect information on your report

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

Information is missing that should be on the report
Complaint: My Ditech payment has always been {$1500.00} each month. My interest rate adjusted and my payment increased to {$1700.00} starting XX/XX/XXXX. When I made my XX/XX/XXXX payment, it was in the amount of {$1500.00} instead of the new amount of {$1700.00}. As a result, when my XX/XX/XXXX statement arrived it stated that I had not made a payment and therefore was late 30 days. My XX/XX/XXXX statement from Ditech shows that I made a payment in the amount of {$1500.00} on XX/XX/XXXX ; however they stated that because it was short {$130.00} they would not apply it to anything and held it in a suspense account. I feel that as a consumer, it was not my intention to defraud or intentionally not make my payment to Ditech, I was just not aware of the payment amount increase. On XX/XX/XXXX I paid the difference and the XX/XX/XXXX payment in full. YET, Ditech proceeded to report me to the three credit bureaus that I was 30 days late. This implies that I did n't make any payment to Ditech ; which is not true. I made a payment in good faith not knowing it was the wrong amount. Had I overpaid they would have been happy to take my money, but making a payment just short of the new amount due is not me intending to not pay Ditech my debt obligation. This is unfair and deceptive ; a clear example of these financial institutions taking advantage of the little guys! I have written to the credit bureaus and Ditech ; yet they are holding their ground and are adamant on not removing the 30 day late reporting to the credit bureaus.
Company Response: Closed with explanation

Timely Response

2017-12-13

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

2017-12-13

Long Grove, IL

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

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

Timely Response

2017-12-13

PA

Closing on a mortgage

Mortgage: FHA mortgage

Complaint: I had an FHA Mortgage with Ditech. I refinanced through a different lender, XXXX XXXX XXXX XXXX. A payoff letter was requested from Ditech dated XX/XX/XXXX and it listed a principal amount of {$180000.00}, interest of {$750.00} and Pro-Rated Mortgage Insurance Premiums of {$250.00} totaling {$180000.00}. It stated the amount was good through XX/XX/XXXX. As of XX/XX/XXXX my Escrow account had {$1200.00} in it. On XX/XX/XXXX XXXX paid an MIP/PMI of {$120.00} from my Escrow account. After receiving the total amount requested in the payoff letter on XX/XX/XXXX Ditech sent me a letter stating they would pay outthe remainig amount from my escrow account within 20 days. On XX/XX/XXXX they added {$310.00} into my Escrow account and then cut me an escrow refund of {$1200.00} on XX/XX/XXXX. When I had not received it leaving a balance of {$120.00}. When I called Ditech about the remaining amount they said it would cut to me on XX/XX/XXXX which is the 30 day mark to close the escrow account out. I had not received the check on Monday, XX/XX/XXXX and went on line to look at my account and saw that Ditech took the remaining {$120.00} for another MIP/PMI payment. This totals 4 MIP/PMI payments that they have taken for the close of my mortgage. I called and spoke to customer service on XX/XX/XXXX and was told that MIP/PMI payments were always 2 months in arrears. I know when took this mortgage out originally I had to pay two MIP/PMI payments up front at that closing in XX/XX/XXXX. Now they say I could send it in writing to the Customer Service Department but they wo n't refund that money because they never do. This is outrageous that they take money that is not due to them and get away with it.
Company Response: Closed with explanation

Timely Response

2017-12-13

Schaumburg, IL

Trouble during payment process

Mortgage: FHA mortgage

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

Timely Response

2017-12-13

Cape Coral, FL

Trouble during payment process

Mortgage: Other type of mortgage

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

Timely Response

2017-12-12

Platteville, CO

Incorrect information on your report

Mortgage: Other type of mortgage

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

Timely Response