Consumer complaint received 2018-08-30
Company: Ditech Financial LLC
State: CO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Around the middle of XX/XX/XXXX, I received a letter from the XXXX County Treasurer office stating that the taxes on my house had not been paid and that there was now interest and penalties applied. I contacted the county and spoke with XXXX XXXX and she informed me that the land taxes for my home had been paid but not the property taxes. She also said that I should contact the mortgage company and advise them that the property taxes have not been paid and they should take care of it since they paid the land taxes. I immediately called Ditech and I was transferred to the tax department and spoke with a lady named XXXX. She told me that they did not have any knowledge of these taxes and I would need to upload a copy of the bill to them and then give them two weeks to research it and then it would be paid. 
I uploaded the bill and waited awhile and then called Ditech on XX/XX/XXXX and spoke with XXXX. She informed me that that they had until XX/XX/XXXX to decide if they were going to pay the tax bill and that they had never received the uploaded bill that I had sent them. XXXX said she looked and did find a copy of the taxes online so she said she would attach it to our account. She also informed me that the taxes would probably be denied because they do not pay mobile home taxes because that is personal property. I informed her that my home was not a mobile home and it is a manufactured home and it is permanently attached to the ground. She said, " manufactured '', and that the taxes would still be my responsibility. I asked her why was it when I bought the home a year ago that the payments were set up as a P.I.T.I. payment that included ALL of the taxes? She said she didn't know but she knew that they were not responsible for them now. ( She was the most rudest person I have ever talked to. ) I asked her if someone was going to call me and let me know what decision was made and she said someone could call me on XX/XX/XXXX since they are closed on Sundays. She also informed me that my name was not on the account and that she was not allowed to speak with me on any account information. I told her that we had submitted a letter right after our loan was switched to Ditech and had my name added to the account. She said it was not on the account and she then called a customer service representative also named XXXX, and did a 3-way call with her. She also stated that my name was not on the account and that I would have to resend another letter and gave me the address to send it to. 
I never received a call on XX/XX/XXXX so I called the following day, XX/XX/XXXX, and spoke with XXXX. She stated that the taxes were not going to be paid because there is a clause in the loan that states that if there is two parcel numbers for the taxes, then the mortgage company is not responsible for paying the property taxes. My husband also talked with her and told her that he wanted a letter stating that Ditech was denying any responsibility for paying the taxes. XXXX stated that they do not send out letters but she " could put it for research but it could take up to two weeks to get an answer. '' She also stated that they are not a call out center so she does not know why I was ever told that someone would call me. She said she was sorry and that was all the information she had for us. I hung up the phone and went through my original mortgage and loan documents very carefully trying to find any information that stated this new information and I couldn't find anything ; I actually found the opposite. 
On XX/XX/XXXX I called Ditech back and spoke with XXXX and I briefly went over the problem that I had been having and than asked where in my loan documents it states that Ditech is not responsible for the property taxes. She stated that she did not know and then conferenced called customer service and XXXX   came on the line with us and again I explained what was going on and what I was asking. She stated that mortgage companies are typically not responsible for mobile home property taxes. I interrupted her and stated that my home was not a mobile home and that it is a manufactured home and that Ditech has it in their system wrong and my home is permanently affixed to the ground meaning it is real property and not personal property. I also explained that it clearly states this information in my loan and mortgage documents. I also explained again that the taxes were only separated during the XX/XX/XXXX tax year because the previous home owner did not file his paperwork correctly with the county and the taxes would be separated for ONLY XX/XX/XXXX ; starting in XX/XX/XXXX they would be combined. Both XXXX and XXXX went quiet and I could hear typing and then I was placed on hold and when the line was picked back up It was with a supervisor named XXXX XXXX. He stated that there must have been a miscommunication but he was going to put this issue back to research and he would be in touch with me. He gave me his direct phone number and stated that if I talked to anyone else to tell them that I was working with him on this issue and that he was in the XXXX, Texas office. He said that it would take another two weeks for them to do the research on it and I told him that the county informed me that if the taxes were not paid by the end of XX/XX/XXXX that a lien would be put on the house and someone could potentially buy it. He said he understood and he would make a note of that and see if there was a way to speed up the process. He said he would also see what he could do about the issue of having my home listed as a mobile home instead of a manufactured home affixed to the ground. I told him that they should look at the original documents and it clearly says this information. He asked for me to send him a copy of the documents to his email and he would submit them when it went back to research. I did. 
On XX/XX/XXXX I also contacted the XXXX XXXX XXXX to file a complaint to possibly get help in this matter to make sure that my taxes are paid before the end of XX/XX/XXXX. 
On XX/XX/XXXX, I received a call from XXXX who stated she was from Ditech in an executive/corporate like position and she had been assigned to help since we filed the complaint with the XXXX. She gave me her direct line and told me that she would help me get all of our problems fixed. I went through a short version of events with the taxes, my name now not appearing on the account, and some previous problems that we have been having as well. She said she was going to look into everything and she would be in touch. 
We spoke again on XX/XX/XXXX and she stated that they had messed up and refunded us a portion of the escrow account back in XX/XX/XXXX for {$450.00} and they didn't realize that the taxes were two separate accounts. I told her that it would only be like that for this one tax year and told her that there should be notes in the account where I given the name and phone number of the person I have been working with through the county and she needs to call her and get confirmation and she could get any other questions she has answered. She looked and she found the information and then verified it with me. She then stated that the taxes were going to be paid and that they were going to overnight a check to the county and she was going to personally track it. She said she already had a tracking number and that it hadn't got to the county yet but if wasn't there shortly she was going to call XXXX and see what was going on. I asked her if I was going to be held liable for the late fees for the taxes and she said no, Ditech would be taking care of those. She said she would also be checking on how the escrow account was going to be changed and how my payments were going to change but it could take a few days for the analysis to be completed so she would call again in three days at XXXX. 
On XX/XX/XXXX XXXX called and stated that she had looked into the issues we had been having with my name not appearing on the account after we sent the letter to have it added. I explained again that the letter was sent with one of our first payments to this company and there was also another letter in the same envelope trying to get Ditech to change the mailing address because we were not receiving any statements or mail from them. She stated she could not find any of those letters but she was able to see that the mailing address was having an issue from the start of the account in XX/XX/XXXX to the end of XX/XX/XXXX. She asked if we could write another letter and email it to her and she would personally take care of it. I told her we already did and I read her the letter and asked her if it was sufficient and she said she would make it work. She then said that she was still trying to get all the information on the escrow account and she would call me again when she got all the information. 
On XX/XX/XXXX XXXX called me back and stated that she had all the information for the escrow account and that they were mailing me a copy of the escrow analysis. She asked if I wanted her to email me a copy of it so that I could look at it right now and I said yes. She stated that I had two options. The first option was that I could pay the escrow shortage of {$610.00} by XX/XX/XXXX and then my mortgage payment would increase from the current amount of {$820.00} to {$850.00}. The second option was to not pay the shortage and then it would divided into my monthly payments which would increase my payments to {$900.00} a month. She then said that it would also depend on what happened next year with the taxes. I told her that next year the taxes would be combined into one account and we would not have this issue any more. She asked if I knew what the parcel number was going to be for the combined account and I told her no. I then asked her if she ever called XXXX from the XXXX County Treasurer office and she said no, that she was just going off of what the tax department was telling her and then she was telling me what they said. I got really upset and told her that tax department is the reason that she is involved in the first place and SHE needs to call the county herself. She said she would call and then call me back the next day. I hung up the phone and decided to call myself and talk to XXXX and get all the information. When I called XXXX she answered and stated that she had just hung up with XXXX and she had told XXXX that the taxes would be combined starting in the XX/XX/XXXX tax year and gave XXXX the parcel number that the taxes would be under. XXXX then informed me that the taxes still had not been paid. I told her that I was told that they overnighted a check on XX/XX/XXXX and that it should have been received by now. She said she has been watching this account because she knows of all the trouble that I have been having and nothing has been received and she said that she even told XXXX. I told her that if she has not received any payment by XX/XX/XXXX to let me know and I would personally come there and pay them so I didn't lose my house. She said she would call in the afternoon if they had not received them in the morning deliveries. After I hung up I immediately called XXXX back and left her a message to call me back today and not wait until tomorrow. She called back and I told her that I had spoke with XXXX and was informed that the taxes were not paid and that she was told the same information. She said yes she was told that as well. I said what about when you told me that you had a tracking number from XXXX and that the county had not received it yet but you were going to watch it for a little while longer and if they still didn't have it you were going to call XXXX. That you promised me that you would follow through on this. She said that she was sorry. I told her that I am really tired of hearing that people are sorry while I wait to see if I am going to lose my house because my mortgage company can't pay my house taxes. She said that she had talked to them again and they were overnighting a check again to the county. I told her I didn't believe her until the county calls me and tells me that the taxes are paid. She said sorry. We started talking about the escrow analysis and she referred to my home as a mobile home again and I told her that people there need to start listening and look at my original loan documents to see that this is a manufactured home with a affidavit of fixation and that I have even emailed a copy to XXXX in the tax department. I told her that during one of our first conversations I told her that I felt like this whole problem with the taxes was started because someone messed up and put it in the computer as a mobile home and not a manufactured home which has a difference between personal property and real property. I told her that I would look over the escrow analysis later and get back with her. I hung up the phone and cried. I then called the representative at the XXXX and told her that I don't have a lot of time left to get this fixed and I don't feel like I am making much progress and did she have any suggestions. She told me that their process is actually lengthy and it was not usual that they had not responded yet to the complaint and that she was going to be sending them another letter asking for a response the next day but then they would be allowed another 10 days to respond. She advised that I cold call the attorney general office in Colorado and see if I could get some help that way. 
On XX/XX/XXXX XXXX called and stated that the check for the taxes was at the  county and that she was told that it would be posted to my account by the end of the business day. I told her that I knew, that XXXX had called me and told me. XXXX then asked if she could go over the escrow analysis with me now and I said sure. She explained that because now Ditech was taking responsibility for the taxes the it was going to create a shortage in the escrow account in XX/XX/XXXX and that shortage was the {$610.00}. I said because of your XXXX up, I now got XXXX even more. She paused and said yes. I also said the answer is yes! I told her that I would have to see what I could do ; if I could come up with the money by XX/XX/XXXX or not. She told me that I didn't have to let her know, I could just mail the payment in if that is what I chose. She also stated that she updated the account to show the parcel number for the combined taxes and said that there should be no more issues with the taxes. I asked if the account was still showing that it is a mobile home and she said it was updated to show a manufactured home. I asked her when was it updated so I could put it in my notes and she said yesterday. She asked if I had anymore questions and I said not right now, I'm exhausted and don't want to fight. She stated that I could call her if I have anymore questions or problems later. 
After talking it over with my husband we decided that we did not think it was fair that we were being held financially responsible for Ditech 's negligence in resolving this issue and we did not accept the reponse made by Ditech on XX/XX/XXXX. 
On XX/XX/XXXX XXXX called and stated that she had received our denial from the XXXX and wanted to talk about it. I again stated that it isn't fair that they were able to make so many mistakes and cause so many problems that have taken so long to try and fix and again, they are not the ones that are having to pay to fix THEIR problems, that we are being held financially responsible for their mistakes. I explained again that if her company would have sent out a letter or a copy of the escrow analysis in XX/XX/XXXX with the disbursement, I might have been able to have caught this problem then. I also stated that I have been told by multiple representatives that their company doesn't send out letters or make outgoing calls. She asked if I ever received the escrow analysis that was done in XX/XX/XXXX and I said no. She asked if I ever received my XXXX  form for my taxes and I told her that I didn't think so, I thought that I printed it out off of the website but wasn't sure. She said she was going to have someone look into it. She said that she would also speak with her director to see what she could do about the escrow shortage and either call me back the same day or the next day. 
On XX/XX/XXXX XXXX called back and stated that she had talked to her director and they could offer to extend the period in which the escrow shortage would have to be repaid. She said that she could extend it upto 48 months so it would bring my payments closer to what they were before the original mistake was made in XX/XX/XXXX. I explained that it is not right that they can make these mistakes and then turn around and tell me that I have to be the one to literally pay for it. If I had made a mistake their would be no compromise and I would just have to pay it and their would be penalties for me if I didn't. Now I am being told that not only are they, Ditech, not willing to fix THEIR mistake but have the shortages that they caused spread out over my payments for the next 4 years. After I explained this to XXXX, she stated that it was still my responsibility to pay the taxes and I told her that I did want the taxes paid and that is why we had the original loan set up with the principal, interest, taxes and insurance in our payments. She then said that when the loan transfered to them after the closing on the house, they believe that not all the information transferred over. She said just like the problems we had with Ditech sending the statements to our mailing address and not the physical address were probably because of the same issue. I told her I can show her in the original loan where it said how much the taxes were and how much I paid to get them started and that would be easy to prove. She said that they didn't have all the information when they received this loan and they were just going off of the information that they did have. I told her that I did not believe that and I would have to talk to my husband and that the XXXX had given us some other options and that we were going to check into them and that I would be in touch with her next week after the holiday. 
After speaking with my husband it has made us wonder if not all the information came through when they received our loan, than how did they have any of the tax information, why did they put our home as a mobile home when on mulitiple pages of the loan it clearly states that it is a manufactured home that is affixed to the ground? I do believe that Ditech is trying to cover its severe negligence and claim ignorant to these issues so it doesn't have to be held accountable. 
My problem right now is that I am now stuck with a large bill that I don't have the money to pay and that means that my mortgage payment will go up and I can't afford that either. When we first bought this house my payments were {$850.00}, that was affordable. I feel that I did nothing wrong and now I am being forced to pay for their mess up. Besides this being immoral, I feel like since they messed up my escrow account, they should be the one to fix it. I feel like the only penalty that they received was paying the little bit to the county for the late fees, {$20.00}. I have had to do a lot of the work to get them to just pay the taxes and now I have a bill for their negligence.

Company response to consumer: Closed with explanation