Consumer complaint received 2017-07-14
Company: Ditech Financial LLC
State: NJ
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I had two mortgages in XXXX so I called XXXX to modify my primary residence. They informed I could not modify my loan because I was current in my payments.
XXXX said I could apply after I was at least three months behind in my payments. I waited three months then called to apply for a modification. In the interim I received a bill for the full amount of the loan and a foreclosure notice. My modification was denied by XXXX. Both my loans were sold to XXXX XXXX XXXX ( I still owned the other house since it could not be sold ).
On XX/XX/XXXX I retained XXXX XXXXXXXX XXXX to represent me in my modification efforts. I was again denied and during a conference call with a XXXX XXXX XXXX representative, XXXX XXXX and myself, a reason could not be given for the denial. XXXX XXXX stated she did not understand what was happening, then said she could do nothing further to assist me in my modification efforts. OnXX/XX/XXXXI contracted with XXXX XXXX XXXX They were hopeful a modification would be possible on my primary residence.Again after several attempts, my modifications were denied and XXXX XXXX fell by the wayside.
On XX/XX/XXXX, I spoke to XXXX at XXXX XXXX XXXX. XXXX finally shed light on the problem. Apparently, my records indicated I defaulted on a previous modification offer. I informed XXXX I was never offered a modification and asked to see the paperwork/proof of delivery. XXXX could offer neither. My modification applications continued to be denied.
In XXXX. I unfortunately became the victim of a mortgage fraud scheme by XXXX XXXX formally XXXX XXXX. They claimed to have contracted to negotiate modifications on a block of mortgages from XXXX XXXX XXXX. XXXX XXXX, on behalf of XXXX, claimed to be an agent or XXXX XXXX XXXX. He claimed I was approved for a modification and my trial payments were to be sent to XXXX. I was contacted by the State of New Jersey Consumer Agency advising me of the scam that had been perpetrated by XXXX. My heart sank. I had made four payments of {$2700.00} to XXXX XXXX at XXXX ( bank statements to follow ).
On XX/XX/XXXX, I contacted XXXX XXXX at XXXX XXXX since I have an FHA loan. I lodged a complaint against XXXX XXXX XXXX and asked XXXX XXXX if his agency could make a decision regarding my modification application, since they were the investor. XXXX XXXX  advised me the mortgage servicer make all the decisions.
I continued applying for modifications, about one per year. Each application required submission of all documents usually anywhere from 50 to 75  pages. My modifications were denied because they claimed I did not send a XXXX bill even though, I had the manager of that department on the phone verifying the bill had been sent. I have and entire file cabinet drawer full of rejected modification applications.
In XX/XX/XXXX, I was offered a modification per the lender, Greentree at 4.5 % under the " know your options '' program by XXXX XXXX I made the three payments of {$3500.00} as agreed. I was hopeful the regular payments would be lower since these payments were a challenge to make. My new mortgage amount was {$3200.00} per the permanent modification package. XXXX XXXX from Greentree said all the late fees were waived, and the mortgage would be decreased to 2 % if I made all the payments on time. I signed the permanent modification on XXXX XXXX, and sent in my payment of {$3200.00}.
I received a call from XXXX, my representative at Greentree about six days after I submitted the payment. XXXX advised me I made an underpayment. I advised XXXX I paid the agreed amount stated on the permanent modification. XXXX advised me the correct amount was {$3500.00}. A letter dated XX/XX/XXXX advised me my payment was in a suspension account and would not be accepted by Greentree.
I felt outraged by what I considered dishonest and unethical behavior on the part of Greentree. I felt they tricked me into signing the permanent modification only to reject my first payment.
I hired XXXX XXXX XXXX to help me with Greentree.
In the interim, my loan was sold to Ditech. I was offered a HAMP modification package in XXXX XXXX. The payments were $ XXXX/month. My first payment was made over the phone for XXXX XXXX without a hitch. In XXXX, I received a letter stating that effective XX/XX/XXXX DiTech would be closed for business for two weeks while the performed a system upgrade. I called, my second payment in on XX/XX/XXXXXX/XX/XXXX for payment on XXXX XXXX For whatever reason, DiTech removed my funds on XXXX XXXX.
I was received an overdraft notice by XXXX a day later. I spent XXXX XXXX on the phone and sending emails to Ditech of the error.
They did not take the funds out in XXXX despite the fact I emailed them my bank statement showing the funds were available on XXXX XXXX. I had not transferred the monies from my business account to XXXX until XXXX XXXX. The monies remained in my account the entire month despite my calls to Ditech requesting the monies be debited.
On XXXX XXXX, I noticed XXXX XXXX payment was not debited despite a confirmation number and agreed debit date. I called Ditech. and XXXX and XXXX were debited at the same time. I did not hear anything about a permanent modification, and made XXXX and XXXX payments on the advice of XXXX XXXX at XXXX XXXX XXXX XXXX. In XXXX I advised her I would not make anymore payments to be placed in suspension accounts. DiTech did not indicate a permanent modification was imminent.
I contacted XXXX XXXX again and placed a complaint with XXXX. I felt that Ditech 's behavior was unprofessional and probably in violation of the Dodd-Frank Bill. XXXX told me not to sign a permanent modification until she finished her investigation. In the interim, I made two more payments.
They offered me a permanent modification but they changed the terms and interest rate of the temporary modification. I sent XXXX  emails asking for advice, and she told me not to sign the permanent until she finished her investigation.
I was told by Ditech that the offer would expire, so I advised XXXX from XXXX XXXX I could wait no longer for her to finish her investigation, and signed the permanent modification in XXXX.
I did not make a payment right away like the last time, because I was waiting to see if they would increase the mortgage amount, which they did.
On XX/XX/XXXX I received a letter increasing my payment to {$3100.00}.
I do not understand why since, my taxes were reduced from over {$10000.00} to about {$8400.00} and my insurance policy went from almost $ 3,000/yr to {$650.00}.
I called XXXX at XXXX XXXX XXXXXXXX XXXX. and she said it was a computer generated letter and I should ignore it. XXXX said that XXXX XXXX, myt Ditech account representative said my account was in good standing. Ditech said my XXXX  payment was made, so I thought they used the funds they had in suspension. I made XXXX XXXX payment In XXXX. After my payment cleared the bank, I went online and pulled up my account. I noticed the bank had rejected my XXXX payment and placed it into a suspension account.
I sent DiTech a certified letter requesting to DiTech an update, and they said they would investigate. That was at the end of XXXX, and I am still waiting

Company public response: Company believes complaint represents an opportunity for improvement to better serve consumers
Company response to consumer: Closed with explanation