Consumer complaint received 2019-08-05
Company: Ditech Financial LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/2019 I filed a complaint on this website ( complaint # XXXX ) against Ditech Financial LLC for issues I was having regarding their improper servicing of my deceased father 's home loan and their failure to recognize me as a successor in interest. They responded via the CFPB Portal and their response included a letter that they had supposedly sent to me at my father 's residence. Upon careful review of this letter which I had never received I noticed that it had to have been a forged document due too two facts. One it was never delivered to my father 's home and two the top of the letter is dated for XX/XX/2019 but at the bottom of each page it has a date of XX/XX/2019. Additionally they stated in their response that they had added my name to the account in XXXX however, after they sent the file to XXXX XXXX XXXX to begin the foreclosure process I contacted XXXX XXXX XXXX to discuss the problems I had been having with Ditech LLC and advise them that my father was deceased. When I spoke to XXXX ( on XX/XX/XXXX, ) who was handling my father 's case, she was completely unaware that my father was deceased and didn't have a copy of any of the supporting documents that I had all ready sent to Ditech LLC numerous times. She requested that I email them to her along with a brief summary of what I had told her on the phone. Which I did promptly. Also if they had added my name to the account in XXXX like they state then why is it that all correspondence they sent and continue to send is still addressed to my father. 

After filing my last complaint I sent both XXXX XXXX and Ditech LLC Qualified Written Requests for information and Notice 's of Error. Those were mailed on XX/XX/2019 via USPS Overnight Service and were received by both companies the next day. To this date I have never received a response from either company. 

On XX/XX/2019 I retained legal representation to assist me with defending the foreclosure and hopefully stopping the sell of the home. On XX/XX/2019 he advised me that he had received confirmation that the sell had been canceled. Then on XX/XX/2019 he sent new QWR 's and NOE 's to both XXXX XXXX XXXX and Ditech LLC. In those letter 's he requested the servicing files for my father 's account as well as any notices that had been sent regarding my father 's account. He also notified them of their error in not recognizing me as a successor in interest and requested that they send me an application to assume the loan as well as a loss mitigation packet. He also advised them that their response to those letters needed to be sent to him but that any other communication regarding the loan needed to be sent to myself at my father 's address. To this date the only response they have made was to email my lawyer a loss mitigation packet on XX/XX/2019. To this date they have yet to mail or email the servicing file to myself or my attorney and haven't made any response at all to the QWR. This is yet again a clear violation of RESPA Law. 

On XX/XX/2019 I faxed the mitigation packet to Ditech LLC and as of this date I have yet to have heard anything back from Ditech LLC.  Since the home is no longer scheduled for sale my lawyer and I agreed that his services were no longer needed on this matter so he withdrew from the case as of XX/XX/2019 and sent letters to both XXXX XXXX and Ditech advising them of this and advising them that all future correspondence needed to be sent to me at my father 's address. Still neither company has made any attempts to contact me regarding my father 's loan, the mitigation packet, or the QWR. This is again in violation of RESPA laws. 

Ditech LLC needs to be held accountable for their actions and I feel that their forging of documents is downright criminal and they need to be held accountable for their actions.

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