Consumer complaint received 2018-10-26
Company: Ditech Financial LLC
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
The following complaint XXXX was closed by the CFPB on XX/XX/XXXX. However, the information received was not for MY Ditech Financial account. My monthly payment IS NOT {$830.00}. I have no late charges assesed to my accound and no NSF fees. There is no monthly ACH draft. Please be advised my dispute was in reference to credit reporting. The CFPB closed the account in error. The CFPB Complaint process is BROKEN. In addition, the CFPB does not allow the consumer to respond other than providing feedback that is not read or resolved. 

MY COMPLAINT Review of recent credit reporting ( XXXX Report # XXXX ) indicates Ditech has reported my account delinquent XX/XX/XXXX ( 60 days delinquent ), XX/XX/XXXX ( 60 days delinquent ), XX/XX/XXXX ( 120 days delinquent ), XX/XX/XXXX ( 120 days delinquent ), XX/XX/XXXX ( 150 days delinquent ), and XX/XX/XXXX ( 180 days delinquent ). However, the loan was on an Active/Performing Unemployment Forbearance Plan. The Unemployment Forbearance was submitted XX/XX/XXXX and approved XX/XX/XXXX effective XX/XX/XXXX through XX/XX/XXXX in the amount of {$390.00}. Ditech erroneously cancelled the Unemployment Forbearance Plan on XX/XX/XXXX due to the automated process of a Loan Modification Solicitation being mailed. A complaint was filed on XX/XX/XXXX and Ditech remediated the error and obtained approval from the Investor XXXX XXXX for an extension of the existing Unemployment Forbearance. Correspondence was received from Ditech ( XXXX XXXX ) dated XX/XX/XXXX indicating the Unemployment Forbearance Extension was approved effective XX/XX/XXXX through XX/XX/XXXX in the amount of {$390.00}. The loan was under Error Resolution review XX/XX/XXXX through XX/XX/XXXX. Unemployment Forbearance payments were Paid as Agreed, as stipulated XX/XX/XXXX through XX/XX/XXXX. The credit reporting account status should have been reported as Active Forbearance -Paying as Agreed XX/XX/XXXX through XX/XX/XXXX. According to 12 CFR Part 1024.35 ( b ) and ( i ) Regulation X of the Error Resolution Procedures the Mortgage Servicer ( Ditech ), after receipt of a notice of error, a servicer may not, for 60 days, furnish adverse information to any consumer reporting agency regarding any payment that is the subject of the notice of error. Therefore, the loan should not have been reported as delinquent XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX as the loan was under review for the complaint filed XX/XX/XXXX. The loan was also brought current XX/XX/XXXX in the amount of {$7.00}, XXXX and should have been reported as current for XX/XX/XXXX. In addition, the Investors ( XXXX XXXX ) Credit Bureaus Requirements ( XXXX ) also require the Servicer ( Ditech ) to provide a complete and accurate full- file status report for all mortgage loans to each of the four major credit bureaus describing the exact status of each mortgage loan as of the last day of each month ( delinquent mortgage loans including 30, 60, 90+ day delinquencies, forbearances, modifications and liquidated mortgages ). ALL credit reporting bureau information ( XXXX, XXXX, and XXXX ) is required to be updated accordingly. 

Company 's Response Payment Application and Payment History Our records reflect that Ditech Customer Service has previously responded to your complaint and have sent you a copy of your payment history, which identifies how your payments have been applied. Enclosed please find another copy of your payment history. Ditech has reviewed your payment history and have determined that no payments were received in XXXX or XX/XX/XXXX. On XX/XX/XXXX, Ditech received funds to apply to your XXXX, XXXX, and XX/XX/XXXX payments. Late Charges Your payments are due on the first day of each month. Under the terms of the Note ( attached ), a late charge of 4 % of the principal and interest may be assessed if the payment is not received by the 15th day after the due date. Ditech will not and has not assessed multiple late charges per month. As of today, you have outstanding late charges assessed in the amount of {$170.00}. Ditech has reviewed your payment history and the late charges have been assessed accurately. NSF Payments On XX/XX/XXXX and XX/XX/XXXX, Ditech receive Automatic Clearing House ( ACH ) payments on your account each in the amount of {$830.00}. On XX/XX/XXXX and XX/XX/XXXX, these payments were returned as NSF. Your account was assessed NSF fees in the amount of {$60.00} XXXX {$30.00} each ). I have enclosed a copy of the notices that were sent to you for your records. I have also enclosed a copy of your payment history and have highlighted the transactions. On XX/XX/XXXX, Ditech sent you a notice that the ACH payment option was discontinued pursuant to your request. Escrow Account The HOI coverage listed on your account as of XX/XX/XXXX was for XXXX, policy # XXXX, and the premium was paid on XX/XX/XXXX, in the amount of {$870.00}. According to our insurance vendor, they received another HOI policy from XXXX XXXX XXXX, policy # XXXX on your account. On XX/XX/XXXX, the attached notice requesting information on the duplicate policies was sent to you, but no response was received back from you. Our insurance vendor has verified that there are currently two active HOI policies on your account. On XX/XX/XXXX, Ditech disbursed funds in the amount of {$1000.00}, for the XXXX policy, which did leave your escrow account negative. Ditech has an obligation to pay the HOI premium to protect the investors ( XXXX XXXX ) interest in property, and if the escrow account does become negative after a disbursement, Ditech will advance funds. As of today, your escrow balance is {$170.00}. On XX/XX/XXXX, Ditech received an online request to have another escrow analysis prepared because you had obtained a new HOI policy ( see enclosed ). An escrow analysis was prepared on XX/XX/XXXX, that identified an escrow shortage in the amount of {$950.00}, which did increase your regular monthly payments from {$820.00} ( escrow of {$190.00} ) to {$910.00} ( escrow of {$280.00} ) effective with the XX/XX/XXXX payment ( see enclosed ). The increase in your monthly escrow payment was caused because of the two HOI disbursements on XX/XX/XXXX ( {$870.00} ) and XX/XX/XXXX XXXX {$1000.00} ). If you received a refund from XXXX, please forward the funds back to Ditech so we can apply it back to your escrow account. Account Representatives We apologize that you feel that you were harassed since our goal is to treat all customers in a courteous and professional manner. If you can provide more specific information Ditech would be happy to review the matter further. As a courtesy, Ditech has ceased all outbound telephone communications on your account. However, for your convenience, we will continue sending billing statements and legally required notices.

Company public response: Company believes complaint is the result of an isolated error
Company response to consumer: Closed with explanation