Consumer complaint received 2017-05-18
Company: Ditech Financial LLC
State: OK
Product: Payday loan, title loan, or personal loan
Sub-product: Title loan
Issue: Struggling to pay your loan

Complaint:
In  XXXX    XXXX   a request for validation of debt was sent by certified mail to Green Tree Servicing  LLC/Ditech Financial LLC pay ment processing.   Account #  XXXX   XXXX   XXXX   Here is a list of re cords wanting to review all the dates and the amounts of charges on the account.     This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made purs  uant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : * Agreement with your client that grants you the authority to collect on this alleged debt.
* Agreement that bears the signature of the alleged debtor wherein he/she agreed   to pay the creditor.   * Any insurance claims been made by any creditor regarding this account.   * Any Judgments obtained by any creditor regarding this account.   *   Name and address of alleged creditor.
* Name on file of alleged debtor.
* Alleged account number.
* Address on file for the alleged debtor.
* Amount of alleged debt.
* Date this alleged debt became payable.
* Date of original charge off or delinquency.
* Verification that this debt was assigned or sold to a collector.
* Complete accounting of alleged debt.
* Commission for debt collector if collection efforts are successful.
* A true correct copy of th  e original note NOT an altered copy of a copy of the original note.I demand that you present for my visual inspection MY ORIGINAL WET INK SIGNATURE ON THE Security Agreement NOTE * months when forced insurance was charged to the account.   * Dates when the account was charged the {$12.00} for its pay-by-phone service, called  XXXX .   Please provide the name and address of the bonding agent for COLLECTIONAGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.       End of letter 1. Green Tree Servicing LLC/Ditech Financial LLC has ignored a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. And have continued the collection process.
2. Green Tree lied of when received pa  y  ments, perjury in affidavit 3.GT lied about dates of payments received, perjury in affidavit 4. GT lied about having a true correct copy of the note, perjury in affidavit 5. GT lied about the amount of loan {$39000.00}, not {$38000.00}, 6. GT changed dates on payments due on the contract of the loan, 7. GT altered the contract on loan without consent, 8. GT add a signature to contract of loan without consent, 9.GT changed the " recourse '' on contract without consent.
10. GT lied about the amount own, fraud 11. GT lied to a housing loan organization to prevent loan modification, GT said the loan was for personal property, not real property. But I have filed homestead exemption, 16 years paid county taxes for real property. The manufactured home has concert footings, home is attached to the land, the home has porches, I also owned the land where the home is.
12. GT commits perjury in an affidavit.to court.
13. GT refuse to offer loan modification programs, 14. GT never stopped proceedin  g in the collection during the process of qualification of a loan, or after receiving the debt of validation letter in  XXXX ,  XXXX . GT did n't cooperate in providing a loan modification because of investors, then GT claims no to do loan modifications on manufactured homes.   1  6. GT h  as placed forced insurance when an insurance policy already was existed on home, 17. GT used a 90-day default insurance policy on the balance of the loan, 18. GT used the " with recourse '' clause on the contract to force the seller to pay off the balance off the loan if buyer defaults, 19. GT marked in the " without recourse '' box without consent to force the buyer to pay off the balance off the loan.
20. GT changes contract from a foreclosure to repossession /replevin back to foreclosure, back to replevin.
21. GT required an extra charge to use speedway.
22 GT has n't provided records of the account 's activities, just hearsay evidence UCC 3-501 When a creditor must make the instrument due for inspection for the debtor, if the creditor fails to do so then the debtor owns nothing. Not a copy of the note, but the true original note.
23. The note has an assignee, and not endorsed in blank as GT claims.
THE LEANDER IS REQUIRED BY LAW THROUGH THE FAIR DEBT PRACTICE ACT 15USC 1692 G THE 15USC 1692 PARAGRAPH G. UNDER THE UCC IS A DEMAND FOR PAYMENT BY U.S. DOLLARS. A DISPUTE BY A LETTER CLAIMING YOU DISPUTE THE DEBY.
The debt collector is required to cease all collection till they can prove the debt. Green Tree is a debt collector as defined by the FDCPA and its collection activities are covered by the FDCPA. amount must be deleted and completely removed from Claimant credit file and a copy of such deletion.
This debt is considered to be invalid until I receive proper validation and your offices provide Claimant with proof of claim of the disputed debt. If your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account DEBT VALIDATION LETTER TO GREEN TREE, OR DITECH.
Failure to Timely Respond to Qualified Written Requests Section 6 ( e ) ( 1 ) of RESPA, 12 U.S.C. 2605 ( e ) ( 1 ), required servicers to provide a written response acknowledging receipt of a qualified written request from a consumer for information relating to the servicing of the loan within 20 days.
Within 60 days of receipt of a qualified written request, Section 6 ( e ) ( 2 ) of RESPA, 12 U.S.C. 2605 ( e ) ( 2 ), required servicers to make corrections to a consumers account ( and notify the consumer of the correction ), conduct an investigation and tell the consumer the reason the account is not in error, or conduct an investigation and explain to the consumer why information requested is unavailable or can not be obtained.
Fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation