Consumer complaint received 2016-07-20
Company: Ditech Financial LLC
State: NC
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
Hello to whom this may concern. My name is XXXX XXXX. My husband, XXXX XXXX & myself live in XXXX, NC and are terrified that we may lose our home to Ditech Servicing, LLC. 

We have been trying to get a modification for around 7 months now. I have been told numerous times not to send in a mortgage payment while we were attempting to get a modification even though we were in the financial position to do so. This has now caused us to get 7 months behind at this point. I have sent in paperwork over & over when requested even when what they were asking for we had already sent. Violation of The Real Estate Settlement Procedures Act ( Regulation X ) 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to " protect mortgage borrowers from costly surprises and runarounds by their servicers. '' One day when following up they again stated that they had not received my paperwork even though I had gone to XXXX different stores and received XXXX separate fax confirmation numbers. 1024.41 ( b ) Receipt of Loss Mitigation application - " A servicer shall exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application. '' In the 7 months we have been attempting to get a modification we have had XXXX different account mgrs. Seemingly, we can never speak to the same person twice and our voice mails are rarely returned. 1024.40 Continuity of contact - " Servicers are required to maintain reasonable policies and procedures with respect to providing delinquent borrowers with access to personnel to assist them with loss mitigation options ''. Why were n't we assigned a single point of contact to assist us in saving our home? 

I received a phone call yesterday from a XXXX w/ Ditech XXXX He was curt, rude and frankly a complete smart a**. He said we had plenty of time to pay the arrearage and the foreclosure paperwork was in the mail and then hung up. Fair Debt Collection Practices Act FDCPA 806, Harassment or abuse 15 U.S.C. 1692d - Ditech has been very rude and somewhat threatening when communicating with me regarding my mortgage. I do n't understand why Ditech feels the need to talk down to me or treat me so poorly. They treat me like a deadbeat and have no sympathy towards our hardship. 

1024.39 Early intervention requirements for certain borrowers - I do n't feel that Ditech has ever provided me with a " Fair Review Process '' for a modification, as required under the Dodd-Frank Wall Street Reform & Consumer Protection Act. 

It appears, without a doubt, Ditech has violated numerous servicing laws set up to protect mortgagers under the Wall St. Reform & Consumer Protection Act. 

We can afford our payments now and only need Ditech to do the right thing by us and assist us in getting this back on track so we may continue to live in our home that we love and have lived in for 16 years. 

Please Help!!! 
XXXX & XXXX XXXX XXXX, NC

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