Consumer complaint received 2019-09-29
Company: Ditech Financial LLC
State: TX
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX and XXXX XXXX offer the following : CFPB AND FTC /STIPULATED CONCENT ORDER XX/XX/XXXX XXXX XXXX provides testimony that Green Tree in Violation of THE FOLLOWING ACTS INVOLVING XXXX AND XXXX XXXX AND GREEN TREE XXXX. 
1. BREECH OF CONTRACT XXXX 2. BREECH OF IMPLIED CONVEYANT OF GOOD FAITH AND FAIR LENDING 3. Misrepresentation and VIOLATION OF 736.3 4. 1024.37 VIOLATION OF PLACED INSURANCE FORECLOSURE XX/XX/XXXX Notice 5. Violation of Telephone Consumer Protection Act 47 U, S.C. 227 et seq ( TCPA ), 6. 12 U.S.C. 5531 ( a ) and ( c ) ( 1 ) and 12 U.S.C.5536 ( a ) ( 1 ) ( b ) 7. Section 5 of the FTC ACT U.S.C. 45 ( a ( 45 ( n ) 8. Negligent Interferant with Contractual RELATION 9. FAILURE TO IMPLEMENT and HONOR Document X Frank Dodd XX/XX/XXXX 10. Violation of CERCLA 42 U.S.C. 9601 ET SEQ 11. Negligent Inflictions of UN SAFE LIVING CONDITIONS 12. FALSIFICATION AND FRAUD to obtain SOL, Certificate of Attachment 13. VIOLATION and BREECH of Texas Constitution in Loan Appraisal 14. Violation and Breech of TEXAS CONSTITUTION IN LOAN ORIGINATION 15. DENIAL OF MODIFICATION BOTH  XXXX 16. Federal Reserve System 12 CFR PART 226 17. BROKEN DAMAGES TITLE UNCLEAN HANDS, CLOUDED TITLE 18. NEGLEGENT INFLICTIONS EMOTIONAL DISTRESS 19. DEFECTIVE AND INVALID TRANSFER OF  DEED of TRUST by XXXX XXXX 20. Party named in ORDER for FORECLOSURE not named before XX/XX/XXXX 21. MOTION FOR NEW TRIAL IN EVICTION MATTER XX/XX/XXXX 22.  VIOLATION of Plaintiff RIGHT TO RESIND 23. VIOLATION OF RESPA XXXX XXXX offers that Green Tree is also in contempt of STIPULATED CONCENT ORDER IN WHICH THEY ENTERED INTO AGREEMENT XX/XX/XXXX XX/XX/XXXX THE NOTE XX/XX/XXXX IS THE DATE ON THE NOTE? 
XXXX and XXXX XXXX signed a agreement to pay THE PRINCIPAL OF XXXX XXXX and XXXX XXXX signed a agreement to pay THE INTEREST OF XXXX. 
XXXX AND XXXX XXXX WERE NOT AWARE GREENTREE ASSIGNED FULL CONVEYANCE OVER TO XXXX XXXX XXXX  on XX/XX/XXXX They learned about this in XXXX XXXX AND XXXX XXXX DID NOT SEE FINE PRINT ON DOCUMENT WHICH STATES. 
NOTICE TO ASSIGNEE This is a Mortgage subject to special rules under The Truth and Lending Act, Purchasers or Assignees of this Mortgage could be liable for all claims and defense with respect to the Mortgage that the Borrower assert against the Creditor. 
XXXX XXXX pointed this verbiage out to the Judge on XX/XX/XXXX and brings her claim in the matter before this court AGAIN ON XX/XX/XXXX TO BE HEARD AND RULED UPON. 

THE NOTE REMEDIES Page 2 1. ONCE NOTICE IS GIVEN UNDER THE LAW NO NOTICE OF SALE WAS RECORDED, OR GIVEN, OR POSTED AT THE COURTHOUSE PRIOR TO SALE. 
XXXX XXXX has requested DUAL TRACKING INFORMATION, XXXX XXXX has written The IRS FOR A 1099, NO 1099 HAS EVER BEEN RECORDED BY THE CREDITOR. 

2. You ( the lender ) will forfeit all Principal and Interest in the event you fail to comply. 
3. The Note can not be enforced upon BREACH OF CONTRACT VIOLATIONS NOTICE was given to Greentree they were not in compliance of contract XXXX. 
MORTGAGE RELIEF ADVOCATES was hired to audit the loan for compliance violations, and it was reported to XXXX and XXXX XXXX that Green Tree did not own the loan. 
GREENTREE ASSIGNED FULL CONVEYANCE OVER TO XXXX XXXX XXXX  on XX/XX/XXXX They learned about this in XXXX. See Exhibit XXXX XXXX ATTACHED HERETO. 
Greentree was in violation of CERCLA and provided written notice. 

XXXX XXXX offers that she responded to SEVERAL FILINGS THAT XXXX XXXX ENTERED AFTER THIS ORDER WAS IN EFFECT, THEREFORE XXXX XXXX ONLY RESPONDED TO WHAT HE FILED, XXXX XXXX HAS NOT ATTEMPTED TO SELL THE PROPERTY. XXXX XXXX only did what she knew to do, XXXX XXXX tried to explain in the Affidavit XXXX XXXX actions, If you read the Affidavit its clear that all XXXX XXXX is doing is reporting to the court her disputes, XXXX XXXX has not tried to be disobedient, the Court should review what XXXX XXXX filed then follow up with what XXXX XXXX entered on XX/XX/XXXX. 
If there were no acts to occur why did XXXX XXXX have XXXX XXXX evicted after she filed an Appeal? XXXX XXXX believes that all court matters were in PAUSE, HITTING THE PAUSE BUTTON, WHICH IS NOT WHAT XXXX XXXX AND XXXX XXXX HAVE DONE, WHY IS IT THEY CAN DO AS THEY PLEASE AND HAVE NO REGUARD TO THIS ORDER, THEY ARE IN CONTEMPT AS WELL. 

The Constable stated that the Eviction was proceeded with because I failed to pay a XXXX bond, wait a MINUTE HERE, XXXX XXXX IS THE OWNER OF THE MOBILE HOME AND NOTHING HAS CHANGED THAT OTHER THAN FRAUDULENT DOCUMENTS FILED BY XXXX XXXX. 

On XX/XX/XXXX XXXX XXXX was in possession of the Mobile Home. XXXX XXXX had XXXX XXXX evicted on XX/XX/XXXX, where is the STAY IN THIS PROCEDURE EXERCIZED BY XXXX XXXX? 
1. On XX/XX/XXXX XXXX XXXX and XXXX XXXX received a Application for Order to Foreclose and Default Order by us mail. After reviewing the DEFAULT PRDER, XXXX XXXX knew something was very wrong. 

2. XX/XX/XXXX XXXX XXXX went to the XXXX County District Clerk to inquire about the Notice she received by US REGULAR MAIL. XXXX XXXX was provided a copy of the Mailed Copy to XXXX XXXX and XXXX XXXX SIGNED BY XXXX XXXX ( who is affiliated with XXXX and XXXX XXXX XXXX  ) The firm Representing Green Tree XXXX. 

3. Exhibit A Attached hereto The Summons was mailed to XXXX XXXX and XXXX XXXX and Occupant of the Property XXXX XXXX XXXX XXXX XXXX  SD XXXX. 

4. Because Exhibit A was mailed to the address of Green Tree and not the correct address of XXXX and XXXX XXXX and Occupant of Property it was not ANSWERED. 

5. The correct Mailing address for the Summons containing Application for Order of Foreclosure XXXX and XXXX XXXX were never served this summons. 

6. After XXXX XXXX made the XXXX County District Court AWARE of this ERROR, The summons was mailed to XXXX XXXX and XXXX XXXX at their address of XXXX XXXX XXXX XXXX, Texas XXXX. 

7. Exhibit B Attached hereto is a Summons containing Application for Order of Foreclosure, DEFAULT ORDER, They never corrected the Default order, XXXX XXXX did not realize this till much later, she was so over whelmed with the Legal act she needed to answer. 

8. Therefore MISTAKE # 1 was improper service of a Summons Violation of RULE 106 ( a ) ( 2 ) and 736.6 in the 735 and 736 rules and regulations of a PROPER FORECLOSURE WITH PROPER NOTICE, THIS IS ALSO GROUNDS FOR A NEW TRIAL IN THE EVICTION MATTER Which has been assigned Cause # ___________. 

9. XXXX and XXXX XXXX filled a petition of Appeal and they were still evicted from the Mobile Home OWNED BY XXXX XXXX BECAUSE SHE DID NOT POST XXXX, XXXX Bond and filed a Indigent document. 

10. XXXX and XXXX XXXX have invested over {>= $1,000,000} of sash money into the Mobile Home XXXX to XXXX and this is three times THE COST OF THE BOND. 

11. XXXX XXXX has filed contempt of court claim in which XXXX XXXX offers he FRAUDULENTLY FILED A CLAIM OF OWNERSHIP TO THE MOBILE HOME AND HE HAS NO STANDING IN THE OWNERSHIP OF THE MOBILE HOME IF ITS DECIDED HE HAS ENTITLEMENT TO LAND HE STILL WOULD NOT OWN THE MOBILE HOME, XXXX XXXX will provide a copy of this to the FBI AND LET THEM DETERMINE WHO HOLDS OWNERSHIP OF THE MOBILE HOME AND THE PROPERTY. 

12. On XX/XX/XXXX XXXX XXXX provided a Certified copy of a Death Certificate of XXXX XXXX, XXXX XXXX also cancelled Instrument numbers XXXX and XXXX. 

13. XX/XX/XXXX XXXX XXXX then filed a Full Reconveyance of Deed. 

14. XX/XX/XXXX XXXX XXXX filed The Warranty Deed in the XXXX County deed records. A year had passed since notice provided to the Lender and they never responded. 

15. Green Tree XXXX has no recording of Business with the Secretary of State, XXXX XXXX will provide certified Copies from them. 

16. XXXX XXXX brought this matter before the court and claims no liability or responsibility of the sale? They were not ASSIGNED UNTIL XX/XX/XXXX Over a year after this was filled? 

17. XXXX XXXX FIRST ANSWER covered the Assignment matter straight to the point of no QUESTION? Filed XX/XX/XXXX, yes it was filled before she was officially served XX/XX/XXXX. Because she was made aware of it before being served, a Second answer was filed XX/XX/XXXX. 

18. The entire mater boils down to this, XX/XX/XXXX XXXX XXXX and XXXX XXXX were provided written verification from CFPB they were victims of the STIPULATED CONCENT JUDGEMENT entered between Green Tree and FTC AND CFPB. Green Tree knew they held no standing in bringing Foreclosure therefore XXXX XXXX XXXX XXXX. on behalf of Green Tree XXXX. 

Mistake # 1 XXXX XXXX was not a trustee until they fraudulently filed on XX/XX/XXXX backdating the assignment? 


Mistake # 2 Green Tree XXXX DOES NOT EXIST IN TEXAS SECRETARY OF STATE RECORDS. 

Mistake # 3 XXXX and XXXX XXXX were not properly served per 736.3 and TEXAS RULES OF PROCEDURE RULE 106 ( a ) ( 1 ) Mistake # 4 XXXX and  XXXX provided a fraudulent statement to the Court, FRAUD UPON THE COURT. XXXX XXXX Argued every point and they all ignored her. 

Mistake # 5 Claiming The Company name DITECH after filling the Lawsuit. 

Mistake # 6 Judge XXXX signed a Order of Foreclosure missing a NOTARY? 


Mistake # 7 XXXX XXXX pointed out the document claimed to be the note was Fraudulent and copied from the XXXX County Clerk office, no original document. Upon XXXX Explanation to the Judge the Attorney for XXXX and XXXX jerked the document out of her hand before she was finished speaking. ( THE JUDGE ALLOWED THIS AND SO MUCH MORE ) Mistake # 8 XXXX XXXX as Trustee on behalf of Green Tree XXXX has been verified as INDENTURE TRUSTEE, THIS IS SOMETHING NOT OUTLINED IN THE CONTRACT. THERE WAS NO MENTION OF BACKED SECURITIES AND SECIRITIZATION. 

Mistake # 9 Green Tree assigned all rights unto XXXX XXXX XXXX on XX/XX/XXXX. Then Green Tree accepted payments from the XXXX Monthly from XXXX to XXXX? 

Mistake # 10 XXXX XXXX HELD STANDING, POSSESSION OF THE ASSIGNMENT FROM GREENTREE XX/XX/XXXX. NOT GREEN TREE. GREEN TREE signed all rights over to XXXX XXXX   on XX/XX/XXXX. 

Mistake # 11 XXXX XXXX committed fraud by any sale to XXXX XXXX, XXXX XXXX and Green Tree have no rights to claim this property. 

Please read the contents of the Consent order, XXXX XXXX offers that this ORDER SHALL BE EXECUTED IN THIS CURRENT MATTER, IF THIS COURT DOES NOT HOLD JURISDICTION TO ENFORCE THIS ORDER, XXXX XXXX DEMANDS THE COURT RECUSE ITS STANDING TO ENFORCE AND TRANSFER THE MATTER INTO A HIGHER COURT WITH THE ABILITY TO ENFORE AN ORDER THAT XXXX XXXX HOLDS RIGHTS OF ENFORCEMENT OF. 

A copy of this entire complaint, request for Contempt Order and copies of XXXX XXXX XXXX filings have been submitted to the FTC as a complaint of NON ENFORCEMENT OF THE COURT ORDER RENDERED AND VIOLATED. 

A copy will also be provided to the XXXX County District Attorneys Office for a review of XXXX XXXX execution of fraud in claiming XXXX XXXX sold her mobile home to him, SHE DID NOT. 

XXXX XXXX request that the Court grant the JUDICIAL REVIEW which was requested to start with and the opposing side has kept the review from proceeding, this is a demand for due process. 

XXXX XXXX will satisfy the courts requirements to establish a proper assignment was not exercised, the opposing side wants you to believe XXXX XXXX has been un-successful in these attempts, for one they have not been granted, furthermore Honorable Judge XXXX XXXX has reviewed this assignment process twice in her court and both times determined there were title issues and ruled in the favor of XXXX XXXX. The claim of un-successful attempts by XXXX XXXX the attorney for XXXX XXXX is NONSENSE. 

XXXX XXXX is aware of another case in XXXX County this year that was granted a Judicial Review and it was reversed upon these findings, Please proceed with this request for a Judicial Review, This case should not have gotten this far, if a Judicial Review were granted we would see a change in direction. Thank you. 

XXXX XXXX filed this case almost a year ago has waited patiently for the execution of her request. XXXX XXXX opposes XXXX XXXX request for a Summary Judgement, XXXX XXXX offers that she filed this request for a Judicial Review. This is what the Court should be focused on, the other side has done everything to distract the reason this was opened and DEMANDS THE COURT TAKE NOTE THAT THE JUDICIAL REVIEW HAS NOT BEEN EXECUTED. This must occur before granting any other request from anyone.

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