Consumer complaint received 2017-06-15
Company: Ditech Financial LLC
State: MD
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I was behind on my mortgage and was working on paying the arrears and trying to bring it current. I would call the mortgage company, Ditech.com, and speak with a representative to have them take my payment over the phone. At no time, until today, did any of the representatives tell me that I was in danger of going into foreclosure. They would accept the payment and I would be on my way. My sister offered to pay all of my arrears and bring the mortgage current with me then owing the   XXXX   XXXX     payment. We called, conference call, the mortgage company today and spoke with  XXXX . She gave us the information regarding how much was owed in actual payments and how much was owed in late fees, providing us with a total amount due to bring the mortgage current. She took my sister 's payment information and actually processed the payment. She provided me with the email showing the processed payment. She said since it was after  XXXX  when the transaction was processed, that my sister could look for the payment to take as long as Monday to show up in her account. My sister then proceeded to ask her other questions regarding the loan, such as pay off information, etc. It was during the asking of those questions that  XXXX  using her system to search for the answers that she all of a sudden noticed that my account had been sent to the attorney, according to  XXXX  the account had been sent today, for foreclosure processing. She subsequently backed out the payment she had just processed and send an email showing this payment cancellation. It was at this point that we asked to speak with her supervisor,  XXXX , to ask if the paperwork could be pulled back from the attorney, since it just went in today.  XXXX  then tried to backtrack and say the paperwork had actually been sent yesterday and an attorney had been assigned today. So he was n't sure if it could be pulled back without any attorney fees being attached to the amount already owed. He said he would see if that was possible to do. We also asked that no additional late fees be attached to the payment being made because since it was already the  XXXX  and late fees are charged after the  XXXX , if they waited until tomorrow to pull it back we did n't want to have to pay a late charge for   XXXX   XXXX     because we were trying to resolve the problem before a late fee would be due for   XXXX   XXXX    .  XXXX  then tried to assert that no late fee would be assessed until the  XXXX  ; however, the contract calls for late charges to be assessed AFTER the  XXXX . Here again I was being misled to believe that I would not be subject to a late charge while they try to pull the account back from the foreclosure attorney. I dont trust that Im being told accurate information by the individuals working in Ditechs collections department.   Part of the issue is that no notice, other than one they said they had sent in   XXXX   XXXX    , or verbal communication with their representatives, was sent saying that as of yesterday the mortgage would be placed in foreclosure. The company has also not contacted me about any mediation process, as required by law, to resolve the problem prior to sending the account to the attorney to file foreclosure proceedings. If we had not called today to try and clear everything up, I think my house would now be in foreclosure and I would shortly have a sale date on the property.

Company response to consumer: Closed with explanation