Consumer complaint received 2018-01-29
Company: Ditech Financial LLC
State: VA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Closing on a mortgage

Complaint:
During the process of selling my home in XXXX, FL the title company, XXXX XXXX XXXX, requested a loan payoff amount as is industry norm. XXXX XXXX XXXX received the payoff amount by fax on XX/XX/XXXX from the lender, Ditech, which showed the payoff of XXXX listed on the statment as valid through XX/XX/XXXX. XXXX XXXX XXXX paid this amount to Ditech on XX/XX/XXXX with electronic IMAD # XXXX. I received a letter from Ditech approximately XX/XX/XXXX that stated that my payment was late. I contacted Ditech and they informed me that they had mis-applied the monies and that they in fact had a surplus in the account that would re-disbursed to me no later than XX/XX/XXXX. On XX/XX/XXXX I received a letter from Ditech stating that my loan was still open and that I owed in excess of {$800.00} that was dated XX/XX/XXXX. Upon calling Ditech I was told that they paid the taxes on XX/XX/XXXX therefore, the payoff letter was nullified. Ditech charged me in excess of {$1000.00} dollars in interest on the loan during this time. I then paid {$1000.00} from my personal account on XX/XX/XXXX to satisfy any possible outstanding balances even though there was a surplus of more than {$570.00} in my escrow account. Pursuant to federal law, being that the taxes for year to date had not been paid by anyone on XX/XX/XXXX, upon closing, XXXX XXXX XXXX paid the taxes on the property and they were received by XXXX XXXX XXXX Collector on XX/XX/XXXX with a check that cleared that same day. The reference number for the check is XXXX in the amount of {$1200.00}. XXXX XXXX Tax Collectors office informed me by phone on XX/XX/XXXX that they did not receive a check from Ditech for the taxes until XX/XX/XXXX and the envelope the payment arrived in was post marked XX/XX/XXXX. This does not match the payment date of XX/XX/XXXX as stated by Ditech. The rejection letter for the payment and check were returned to Ditech on XX/XX/XXXX by XXXX XXXX Tax Collector as the account had already been paid by XXXX XXXX XXXX on XX/XX/XXXX. XXXX XXXX Tax Collectors Office can be reached at XXXX option 2.I have all documents referenced and those that show I was continued to have interest charged on my account in excess of {$1000.00} even with the exacting dollar amounts listed as pay off delivered within one day of the payoff letter being faxed to XXXX XXXX XXXX. I have spoken to 5 or 6 different employees and each one has " no idea why all this happened '' but they " apologize and will do what they can to help '' which to date has been nothing. These people need to be held accountable for their ILLEGAL and UN-ETHICAL practices. Again, Ditech has not provided truths in this manner and this falls under predatory and illegal practices. Additionally, they have to date REFUSED to put any of the conversations over the phone in writing with me and they have REFUSED to send me a statement of my account with full payment history. They have preyed on me as member of the XXXX XXXX and I am certain they have done the same to others. 
I filed CFPB Complaint # XXXX to which Ditech merely stated that it was an oversight on their part. Ditech they received their monies for the oversight on the paid the taxes back from a third party vendor on XX/XX/XXXX and that they would be returning my funds to me within 20 days. Ditech has yet to return the overage that they still hold of my money which by their own admission is greater than {$1200.00} USD, the loan closed on XX/XX/XXXX. Additionally they have yet to provide me with the requisite tax documentation from my mortgage account to file my US tax return with. Ditech continues predatory practices with no regard for regulations. They CAN NOT be allowed to continue to operate in this manner and the CFPB needs to investigate and provide documentation to the Federal Trade Commission, SEC or other governing entity regarding this un-ethical and unlawful lending processes.

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