Consumer complaint received 2017-12-15
Company: Ditech Financial LLC
State: FL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XXXX XXXX, XXXX, I was served by Ditech Financial, LLC, with a summons and complaint naming me as a defendant in a foreclosure action on mortgage loan that is not even mine, and seeking from me, personally, repayment of an outstanding balance on the promissory note, Ditechs attorneys fees and costs, plus for amounts Ditech claims to have advanced to pay for property taxes and casualty insurance. Ditech is being represented by XXXX XXXX XXXX, XXXX. of the law firm XXXX XXXX XXXX XXXX, XXXX, of XXXX XXXX, Florida. The complaint was also purportedly verified by one of Ditech 's employees, Document Records Specialist XXXX XXXX, who acknowledged such under oath on page 5 of the complaint. 

The mortgage loan at issue belongs to my deceased grandparents, XXXX and XXXX XXXX. As paragraph 3 in the attached copy of the complaint shows, even Ditech acknowledges the fact that this mortgage loan was executed by my grandparents and attached copies of the promissory note and mortgage lien to the complaint showing this, which are also attached here. Ditech is also aware of the fact that both are now deceased and even gives their correct dates of death in paragraphs 9 and 10. However, instead of naming my grandmothers estate as the defendant, since that is the correct party against whom Ditech should proceed against, in paragraphs 6, 8, 11 and 14, Ditech goes on to assert the aforementioned claims against me personally, even though I did not sign the promissory note and mortgage lien and have nothing to do with this loan whatsoever. In paragraph 12 of the complaint, Ditech also wrongly claims that I am the owner of the real property, but as the attached record from the county property appraisers office shows, my grandmother is still listed as the owner of record. It would have taken all of 10 seconds for someone to research this online, as well as verify that the allegations in the complaint conformed with the attached evidence, but apparently neither XXXX XXXX or anyone employed by Ditech could be bothered to do so. In addition, I received a letter from the county tax collectors office directed to my grandmother, also attached here, showing property taxes have not been paid since her estate made its last payment at the end of XXXX, so Ditech has not advanced any money for this, even though it claims it may have in the complaint. Also attached is the most recent monthly statement from Ditech that is directed to my grandfather, so Ditech is fully aware that the correct identity of the borrower is not me. 

Approximately a year prior to this, I was the petitioner in a probate case of my grandmothers estate because I was one of the named beneficiaries in her will. The petition proposed surrendering the real property to Ditech, or rather, its predecessor Green Tree Servicing, LLC, to cover the outstanding balance on my grandparents mortgage loan. The court agreed with this proposal because it discharged the estate, and under the implicit assumption that Ditech would foreclose on the correct party to recover the property, and not the named beneficiaries. In addition, in or about XXXX XXXX, I had to file a separate complaint with the CFPB because Ditech was calling me up to 5 or 6 times per day to harass me personally about a past due payment on my grandparents mortgage loan. Nobody then seemed to want to understand that the monthly payments on the loan were not my personal responsibility, and with this foreclosure suit, Ditech and its legal counsel seemingly have not yet comprehended that.

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