Consumer complaint received 2017-10-25
Company: Ditech Financial LLC
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Green Treen/Ditech has been claimiing to be my Servicer since XX/XX/XXXX ... Green Tree was fined XXXX XXXX by the CFPB for exactly what I complained about ... failing/refusing to Review Loan-mod Applications for over 6+yrs ( 8yrs total when including XXXX XXXX ) , and several hundred 200+ harassing calls to demanding payments or get out, and credit agency assaults against me that was detrimental to renew my security clearance, etc ... So, after 6 years with their unconscionable servicing failures and foreclosure threats while refusing to review my loan-mod application ... I found out about the CFPB consent order and called CFPB to complain and beg for help and relief ... CFPB told me, I was not in the Green Tree 's database, sorry! ( COMPLAINT Tracking Number # XXXX ) No help, nor relief from CFPB ... I 'm asking again for help! 

Now, my house was wrongfully/fraudulently foreclosed 4 months ago, on XX/XX/XXXX ... Although, I am still in the house at this moment ... 

-- Combining these facts seems to mean that my house was either foreclosed on by someone who is not really my servicer, or my servicer can hide their dirty laundry and deeds from federal-oversight at will ... That just does n't seem right ... Read further about the crimes they get away with ... Any thoughts? ... Comments? 

- I had a small victory in the Virginia 's XXXX Gen Dist Court on XX/XX/XXXX defeating an Unlawful Detainer ( UD ) against the people who bought my home at Trustee-sale ... Using the Virginia Supreme Ct ruling, in the Parrish case ... Because this is " not a Landlord-Tenet issue '' but rather " Lender-Servicer defrauding Homeowner issue '' and unjustly enriching themselves while committing crimes and violations of several State and Federal statutes and regulations, and to the detriment of this homeowner, government oversight and denial of homeowners due process have all taken a black-eye ... Went to XXXX public Aid because I 've been financially broken but they do n't do fraud cases because they 're not chartered for it, but could help file bankruptcy case though ... Most useless! 

-- Now Served with XXXX / Ejection complaint in XXXX Circuit Ct. - Served Thursday, XX/XX/XXXX with 21 days to respond ... 

- Below I identify several issues including several title issues and FDCPA, RESPA, FCRA, etc ... 

- Briefly, the Parrish case was useful to layout title issue and the elements of Servicers failure to review Loan Mod App, which was never reviewed ( Never denied because it simply was Not-ever reviewed, in 8-yrs ) ... There are Many title issues some of which follow ... 

- FDCPA / RESPA / TILA / CFPA Violations ... 

- Breach of Deed-of-Trust ( DOT ) contract ( many ) ... 

- Threatened with foreclosure at least 6-7 times which Servicer voluntarily withdrew once reminded of pending review of loan-mod app ( but was never reviewed for determination ) ... 

XXXX County Property Records is crime scene ( Forged DOT ( Different from Closing Docs ), failed & missing & void Assignments and void Appointments of DOT ) ... 

- Defaulted in XX/XX/XXXX & subTrustee Appointed ... 

- Loan Mod App in XX/XX/XXXX ... 

- DOT Accelerated in XX/XX/XXXX/XX/XX/XXXX subTrustee sale ... 

- Ch-XXXX BK blocked subTrustee sale in XX/XX/XXXX ... 

- Mortgage was NOT reaffirmed in BK and Acceleration was Never rescinded over 8-yrs ... 

======= - XXXX XXXX had completely ignored my Loan-mod App, and XXXX XXXX who XXXX sent to get my Loan-Mod Application request for review ... They acknowledged receipt of application, but would not review - NOTE : later I discover nearly half the XXXX REMICs being serviced by XXXX were bankrupted empty shells and were seized, by FED or/and FDIC and half of all loans were scheduled for foreclose while the other half were frozen ) ... 

- XXXX locked me out of my online Account login in XX/XX/XXXX ... 

- XX/XX/XXXX - subTrustee sent Notice again scheduling foreclosure for XX/XX/XXXX and ... funny thing is subTrustee Notice also acknowledged previous acceleration ( XX/XX/XXXX/XX/XX/XXXX ), and stated they were " accelerating again '' ... I do n't believe they can accelerate the Deed-of-Trust contract again ... Moot legal impossibility! 

- Hope Now/HAMP App online in XX/XX/XXXX ... I had to hire an lawyer to be the honest-broker because XXXX blew me off ... He contacted the subTrustee After and after 3-days on the phone and searching XXXX 's website to no avail, Attorney XXXX XXXX told me to file another 'fresh ' application for loan-mod on the " Hope Now '' website because they are Approved by HUD , Treasury , XXXX , XXXX , etc ... and can be the honest broker to document and force XXXX to perform as required ... 

- Hope Now/HAMP application was completed online and their representative called me, verified data, and initiated 3-way conference call to XXXX ... XXXX representatives ' eventually acknowledged receipt of application but stated there was no loss-mitigation rep assigned ... Hope Now reps called me 3-days in a row to conference with XXXX Loss-Mitigation folks to no avail ... No one at XXXX was ever assigned to review application. Over the next few weeks there were several more efforts to no avail ... They did not review Loan-mod App ... 


- XX/XX/XXXX - subTrustee explained in phone-call that Servicer halted Trustee sale due to HAMP ... 

- XX/XX/XXXX - subTrustee recycled the same forreclosure paperwork to give Notice and initiated foreclosure again, then canceled after advertising and sale, then at the last minute claiming in FAX that Servicer halted Trustee sale " due to HAMP '' ... 

- XX/XX/XXXX Green Tree sent Notice of Default ... 

- NOTE : XXXX County Property records show that a Secretary of an unknown Law firm, " XXXX XXXX XXXX XXXX XXXX '' claiming to be Attorney-in-Fact for XXXX secretly ( without Notice ) Assigned loan to Green Tree Servicing in XX/XX/XXXX ... However this assignment is void because No Power-of-Attorney ( POA ) accompanied the assignment. Without POA the Assignment is Void-ab-Initio When  XXXX Loan/MIN account goes into Default or files Bankruptcy, the MIN/account is Deactivated and transferred out of XXXX System and XXXX status is reported as INACTIVE. XXXX will make no more assignments unless/until MIN Account is REACTIVATED by Lender/note holder. 

- XX/XX/XXXX Green Tree Appoints another subTrustee " Commonwealth Trustee '' stating that XXXX XXXX is owner of the Note and Appointed Green Tree as Servicer ... That is FRAUDULANT ... As explained above, XXXX XXXX 's secretary assigned and recorded without including the POA. [ Property Description recited in appontment has minor errors ( Survey-line point location, is at Lot XXXX, not XXXX, etc ) ] Did not review Loan-mod App ... 


======= - Virginia Statute of Limitations ( SOL ) after Acceleration of written DOT contract is 5yrs ( VA Code 8.01-246 ( 2 ) ) ... 

- Commonwealth Trustees initiated Foreclose again in XX/XX/XXXX, but canceled for undisclosed reasons FRAUD NOTE : XX/XX/XXXX Ditech employees delibert frauds ... created, signed, wired or mailed and then recorded a void Assignment setting-up XXXX for fraud and using XXXX name even though ( 1 ) XXXX account remains " Deactivated '' since XXXX and was never " Reactivated '' ... MIN Status=INACTIVE since XXXX due to being removed from XXXX System and thus beyond XXXX  purview as required by XXXX Serving Manuals , due to homeowner Default and Bankruptcy in XXXX. The loan was never " Reinstated '', ( nor de-accelerated ) and therefore the loans MIN Acct could never be " Reactivated '' therefore this XXXX assignment is both legally an impossibility ... 
( 2 ) Using XXXX name to create a back-dated missing assignment by more than 6-yrs to fill chain-of-title gap where XXXX ( loan originator ) transferred/Assigned/or sold to XXXX because chain-of-Title was broken ... 
( 3 ) Still, Ditech used the Wrong dates and therefore left a 2+yrs gap and the broken title-chain remains ... 
( 4 ) The Address used for XXXX and XXXX belong to neither, but rather belong to Green Tree and Ditech, as a means to intercept communications ... 
( 5 ) This void assignment also violate VA Supreme Court ruling that After-Acquired title doctrine applies only to original parties ( not Ditech ) ... 

- Commonwealth Trustees Foreclosed for Ditech on XX/XX/XXXX which is more than 3+yrs beyond expiration of Virginia Statute-of-Limitations ( SOL ) on accelerated written contract ... This is fraud too right! ... Virginia Supreme court says Deed-of-Trust is a contract ... 

NO Loss-Mitigation activity in 8-years - I wanted to convert or refinance to a VA-Loan at fair market value and I was punished for 8+ years ... Who are the people? 

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - NOTE : Servicer 's failure ( delay & ultimate refusal ) to Review and make determination of my Loan-Mod App has financially crippled me and homeowners nationwide ( re : SIG-TARP report, to congress XX/XX/XXXX - XXXX XXXX XXXX XXXX XXXX ] ) - Servicers Green Tree and Ditech ( by merger ) knew about Ch-XXXX BK but continued making improper derogatory entries to Credit Reporting Agencies ( CRA ), harassing me with hundreds of phone calls ( one message told me to payup or get out ), and continued sending monthly billing statements throughout the 8-yrs of this Loan-Mod review process ( to punish me? ) ... But they would not review the Loan-Mod Application - Servicers, I think are not permitted to report to CRA 's after BK Ch-XXXX ( because Note [ debt ] is discharged ), and CFPB regs supposedly halt/bar credit reporting during and for 60-days during/following loan-mod review processing ... Virginia SOL gives creditors 5-yrs to collect on the written contract which they did not do in time ... 

- Hardship letter as part of the Loan-mod App explained ... Wife 's XXXX XXXX and that although separated, I had to help with expense during her surgeries, recovery and resulting unemployment and living expenses ... AND this house I bought from XXXX XXXX REO should have been condemned not resold AS-IS ... just to move in, I had to borrow and spend nearly $ 40K in all to fix crawlspace-foundation flooding and Black-mold removal ... Still both return regularly ... A/C, clothes-washer, and dish- washer and shed in back was falling over ... They stuck-it-to-me good ... 

- Deed came from XXXX XXXX as Trustee for XXXX XXXX, a bankrupt XXXX REMIC Trust being sued by everyone for looting and sell the properties entrusted, i.e. hedge funds XXXX and XXXX XXXX, etc ... 

- My effort in XX/XX/XXXX was to refinance into a VA-Loan to get rid of escrowing PMI and they insisted on a loan-mod and they even sent XXXX XXXX to my house with an Loan-Mod Application ... Then they ignore both of us and never reviewed the App ... 

- Unconscionable Loan-Origination and Servicing failures has destroy my credit and financial reputation and caused serious economic harm because I am not able to continue career in the military and civilian XXXX XXXX ( XXXX ) XXXX XXXX ( XXXX ) as XXXX XXXX and XXXX XXXX which requires maintaining XXXX National Security clearance the until this is resolved and my reputation is restored gainful employment is not possible at best ... 

-- The XX/XX/XXXX Ch-XXXX BK was a " XXXX XXXX XXXX '' which was understandable and defendable to my employer because it resulted from Server threatening foreclosure in spite of no Loss-Mitigation communication ( none assigned ), and the yet outstanding Loan Mod App review, and then subTrustee Accelerating the loan and scheduling and advertising sale for XX/XX/XXXX and since the property value dropped 45 %, this threat included a {$160000.00} Deficiency Judgment which was terrifying ... But this exact scenario created lucrative windfalls for servicers at the expense of Investors and homeowners nationwide ... This un-regulated servicing industry trapped homeowners in Loan-Mod scam and failed to perform the fundamental due-diligence of " Loan-mod reviews '' as required by Treasury Dept 's TARP agreements giving them XXXX ... 
================= - Instead of helping homeowners, Servicers captured homeowner ( s ) in a fraudulent Loss-Mitigation cycle of double-cross ( which was later coined " dual-tracking '' ), denying any communication, options, etc ... 

- I was harmed by this whole Financial Crises and then Foreclosure crises, like a lot of people, but failing to review my loan-mod app for 8-yrs should be considered a crime upon the Treasury 's contract with Servicers and the Treasury paid them in advance with TARP funds using taxpayer 's money to fund Servicers contract and commitment to review loan-modifications Apps, which they refused to do, ever! ... these Servicing failures is a fraud on the US and local economies and communities, the Treasury was directly defrauded, and I was directly harmed for my belief and I had a reasonable expectation that a government sponsored Loan-Mod App Review would be harmless ... 

- FINAL RANT : Banking and Financial Institutions quickly began dumping their servicing business onto unregulated rogue and abusive servicers in response to new regulations passed by congress and then the DOJ, SEC, FED 's OCC, Treasuries OTS, and other Reg agencies gave Non-Prosecution agreements to banking executives and financial corps alike ( including XXXX ) in return for Consent Orders and fines ( which seem to be the DOJ 's cut ) never amounting to little more than fractions of 1 % of the looted-booty which proved this crises and response is an excellent business-model for the next bubble generation ...

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