Consumer complaint received 2017-12-13
Company: Ditech Financial LLC
State: IN
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
XXXX XXXX XXXX ( XXXX ) is refusing to postpone my sale date, although they are in possession of a full package for loan modification review. This is a direct violation to the National Mortgage Settlement ( NMS ) of XX/XX/XXXX, which prohibits the following abusive mortgage servicing standards. 

XXXX of XXXX, NMS, identified various abusive practices being performed by mortgage servicers such as XXXX, as well as other large banking key players which indulged in the same predatory practices as a whole. The wave of foreclosures exposed numerous problems : robo-signed affidavits that were turning up in foreclosure proceedings ; lost notes ; excessive fees ; dual tracking where banks would simultaneously pursue a foreclosure while telling the borrower that his loan modification application was still under consideration ; and the servicers generally not living up to their obligations as servicers. 

XXXX, has been in possession of request for assistant modification documents since XXXX XXXX, XXXX. However they have refused to process these documents and continuously proclaim to still be missing items. The items which are expressed to be missing are mixed and matched, meaning if 25 pages are sent and 25 pages show successful transmitted via fax, by the time the documents are uploaded by XXXX, only 15 pages have completed the process. In particular, we have had to resend the same copies of the XXXX form and all supporting documents, bank statements as well as proof of income 6 times all of which show successful transmission via fax. Bank statements have been sent multiple times with the same results. This has gone on since XXXX XXXX, XXXX. 


My account is being purposely overlooked because XXXX and their sister company formerly known as Green Tree ( XXXX ) are in collusion to foreclose on my home since there has been a gradual increase in my equity. Also if the force my loan into foreclosure, I believe that XXXX will filing a claim with Fannie Mae to cover the loan at the governments expense, which is considered a false claim against a government insured loan which violates servicing contracts had between XXXX XXXX and XXXX. Illegally forcing my loan into foreclosure is prohibited under consumer federal protection laws and also in violation to the Dodd Frank act of XXXX. My loan has never been modified in the past and XXXX, is using the abusive tactics of XXXX in order to violate the servicing rights between myself the owner of my loan XXXX XXXX. There are programs designed specifically for modification purposes of my loan under XXXX XXXX Im filing this complaint in part to also make Fannie Mae aware of the abusive actions of XXXX, as servicer of my loan. 

Our loan has also been transferred from multiple single point if contacts, which results in misapplication documents. Further the result of what may amount to thousands of documents during the duration of the request process from XXXX, has cost me financial detriment. Also we have our mortgage account has been charged more than {$15000.00} in junk fees not to mention the compounded interest which has been applied to our loan unjustly. XXXX, has committed this type of illegal financial enrichment on multiple levels surrounding the servicing of our loan. 

We do not have a single point of contact, there is a different spokesperson every time and inquire is made on my loan. We have even had this matter escalated to a manager by the name of XXXX ID # XXXX, on XXXX XXXX, XXXX, and stated all of the necessary documents were found and still nothing has been done to correct this issue. Today we called XXXX, and now were being told documents are not there and have not been received. 

Restriction on dual track foreclosure : Mortgage servicers are restricted from advancing the foreclosure process if the homeowner is working on securing a loan modification. When a homeowner completes an application for a loan modification, the foreclosure process is essentially paused until the complete application has been fully reviewed. 
Guaranteed single point of contact : Homeowners are guaranteed a single point of contact as they navigate the system and try to keep their homes a person or team at the bank who knows the facts of their case, has their paperwork and can get them a decision about their application for a loan modification. 

At this point we are seeking a firm to assist in filing a civil lawsuit against XXXX and company for collusion, misrepresentation, fraud and mortgage servicing abuse and various custodial servicing issues. Im completely done with the runaround and I intend to do something about it before I lose my home an all that Ive worked for.

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