Consumer complaint received 2017-12-20
Company: Ditech Financial LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
In XXXX I contracted with Ditech Financial LLC ( current name ) for a home loan. My history with them has been impeccable ; no late pays, no insurance or tax issues. In XXXX of XXXX I hired a lawyer to represent me against an eminent domain taking by XXXX XXXX XXXX XXXX ( XXXX ). On XXXX XXXX, XXXX there was a court hearing and my a portion of my land was taken by XXXX. At that hearing Ditech ( XXXX ) sent an attorney as well. I personally spoke with this XXXX attorney informing him that XXXX has no cause for concern. I am a customer with a perfect pay history and that I plan on paying off my mortgage in full in XXXX, no further legal action in this case need be done. I went to mediation with XXXX when the project was completed on XXXX XXXX, XXXX to settle with them. We reached a settlement which was more than enough to pay my mortgage in full. I instructed my attorney to contact XXXX and let them know I have instructed the clerk of courts ( who handled the settlement proceeds ) to send XXXX my payoff check directly to them, so no further legal action was required from their legal team. On XXXX/XXXX/XXXX XXXX deposited the final settlement amount into the XXXX County ( XXXX ) court account. My attorney contacted the attorney for XXXX, XXXX XXXX ( XXXX ) to complete a joint motion to withdraw funds from XXXX. He requested from XXXX a payoff amount so that I may agree to it before the filing. The payoff amount included {$2400.00} in legal fees. I wanted a breakdown of these exorbitant fess ; since they were assured that the mortgage would be paid first from the settlement funds. My Attorney sent numerous requests for this breakdown and they were basically ignored between XXXX and XXXX. He contacted me and stated these facts. I called XXXX myself on XXXX and for 5 days on and off the phone with managers demanding to know a breakdown of these fees, with their attorney ( XXXX ) refusing to communicate this information. They emailed me invoices in the amount of {$1800.00} and could not justify with any documents the remaining {$660.00} in fees. After reviewing the invoices from ( XXXX ) she made claims of contacting my attorney on dates which he had no record of. After hours of arguing with them on XXXX we finally agreed on a legal fee amount of {$520.00} ( the fees associated with the XXXX/XXXX/XXXX court hearing ) I stayed on the phone with them that evening until they emailed me a new payoff with this amount of legal fees. All this wrangling from XXXX thru XXXX caused me to accrue an additional interest charge of {$9.00} per day. I emailed the payoff to my attorney that evening and he prepared the Motion to Withdraw Funds on the next day ( Saturday ) and sent it to XXXX for approval on Monday XXXX. It took her all week to respond and my Motion to Withdraw was finally sent to the XXXX Clerk of Courts on XXXX/XXXX/XXXX. It had to then be signed off by the Judge and then dispersed. According to XXXX clerks office the check in the amount of {$36000.00} was mailed by registered return receipt on XXXX/XXXX/XXXX to XXXX the attorney for XXXX. XXXX insisted that the payoff be sent to her office and not directly to XXXX. I have a letter from the clerks office with a copy of the signed delivery record that XXXX office received my payoff check on XXXX/XXXX/XXXX. I was assured that my interest would stop on that receipt date. 
My mortgage payment due date was the XXXX of each month. I called XXXX on XXXX/XXXX/XXXX wanting to know where is my payoff??? Why has it not been applied??? I had a payment coming up on the XXXX and this check needs to be applied!! I was told that they have no record of receipt from XXXX 's office. I asked them to please call XXXX to find out where my payoff is ... .they sent it up for research. I received no callbacks from XXXX so on XXXX/XXXX/XXXX I called XXXX again. They stated again that XXXX is supposed to update my file upon receipt of any funds on my account and since there is no update then XXXX has not received my check. I became concerned and called the Clerk of Courts office to ask for proof on receipt. The check not only was received by XXXX, but the check was endorsed and deposited and has paid through the XXXX clerk account on XXXX/XXXX/XXXX!! 
I called XXXX back with this information and implored them to call their attorney to find out where is my payoff??? Their answer to me was " No one here can make that call ''. I said what does that mean? This is your attorney, hired by you, to handle you legal cases, of course you can call her! No, she said " No one here can make that call '' but I can give you XXXX XXXX number and you can call her! I said " you are kidding me!!! '' and said give me the number..she did and I called and spoke to XXXX XXXX assistant. He slammed me stating that I did n't have the right to call her and she will not speak with me. I told him that XXXX refused and I need to know why my payoff has not been completed!!! He put me on hold, came back and told me yes they received my check on XXXX/XXXX/XXXX (? ) and it is in process. He told me to call my attorney and hung up!!! At this point I am appalled!!! 
They had not processed my payoff or even notified XXXX that they had received it!!! 
My attorney told me that he would handle it ... .he made contact with XXXX and she told him the payment would be applied on the XXXX so that I did n't need to make that payment. 
Since the payoff they had was from XXXX and I had made the XXXX payment they would owe me a refund. I was assured that my interest would be calculated as of XXXX/XXXX/XXXX and a refund would be issued. So I waited ... ..I received my payoff check and I called XXXX XXXX/XXXX/XXXX asking for a breakdown of the interest. I was told that my payoff was received on XXXX/XXXX/XXXX and I was charged interest through the XXXX. I told her to read the notes and that I have proof that XXXX received my payoff on the XXXX. She said she would send it for review that I would be contact within 3 days. No one called or emailed me so I called XXXX once again on XXXX. She told me that a my case was in process and would be resolved shortly. On XXXX still no contact, called again they told me the same thing. On XXXX I received my first and only response from XXXX  with an email stating that my " XXXX/XXXX/XXXX call has been resolved. Thank you for bringing this to our attention. We appreciate your business. '' I called XXXX XXXX, once again. I asked them to explain my resolution. Would they be refunding me the extra 15 days of interest at {$9.00} for a total of {$140.00}? She told me that I have received my refund and there are no monies owed to me. I asked to speak with a manager. I spoke to a XXXX. She affirmed the conclusion. She told me that my payoff was received on XXXX and they paid me the correct amount of refund and the case is closed!!! I told the story and she told me she could send me a link and I could upload the Postal Service letter of receipt by her attorney but it probably wo n't help!!! I told her to do that and that I will be filing a formal complaint. She sent me the link, I uploaded the letter of proof, it was confirmed by the link. I gave until today to see if someone at XXXX would stand up and do the right thing ... but no calls to me, no emails ... .this has been a shocking and upsetting process over a simple payoff!!!!! I have been cheated out of monies that I am still owed!

Company public response: Company believes complaint is the result of an isolated error
Company response to consumer: Closed with monetary relief