Consumer complaint received 2019-01-18
Company: Ditech Financial LLC
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
We are in the process of refinancing our home. We have a relatively modest balance left on it, however, during a conversation with our loan service representative, we were informed that at the maturity of the loan after the principal was satisfied, a balloon payment attached to our modification could be requested to be paid in full. We felt we needed to refinance our mortgage with an instrument that had no unforeseen surprises. 
With all the mortgage activity we are learning that this loan has incurred, we asked our current loan service representative, who holds the current mortgage and were informed that she could not disclose that information. We were even more compelled to refinance at this point. There are also many questions about the status of an original second loan with regards to Ditech saying they have a lien on our property. We never heard of them prior to either XXXX or XXXX. When I contacted them I was informed that they were not trying to collect a debt and that our second mortgage had been wiped out, dismissed. The Ditech representative did then say they have a lien on our property. I have searched our records and can find no mention of them in an assignment. We began researching our records and the company names affiliated with our mortgages and every single one of them have been revoked, shut down, filed bankruptcy and charged with illegal and unethical predatory practice and ordered by the courts to pay damages.. Our immediate concern is to secure the truth about the lien in the amount of our second mortgage ( {$30000.00} ) and of our mortgage currently serviced by XXXX XXXX XXXX XXXX XXXX. Please review the following information regarding our concerns. We highly appreciate any assistance you can provide in this matter. 

On XX/XX/XXXX, we purchased our home. We were advised by our real estate representatives that the instrument we were best qualified for was a 20/80 loan with 20 % being a second loan of {$30000.00} and 80 % being the XXXX mortgage in the amount of {$120000.00}. On the second mortgage, XXXX XXXX   XXXX XXXX, is listed as the ( lender ) with XXXX on the Security Deed. On the first mortgage, {$120000.00}, XXXX is listed as Lender or servicer ( " Lender '' ). Over the history of these loans, many transitions of servicers were made. We went from XXXX XXXX to XXXX to XXXX, we began to receive requests for payment on the second mortgage from XXXX XXXX, and Greentree.  On XX/XX/XXXX, on one of our legal documents filed on record, a loan modification lists XXXX XXXX XXXX XXXX XXXX and XXXX on the first mortgage {$120000.00}. The loan modification came into play when we experienced a loss of clients during that tough financial period for mortgages and jobs. We eventually filed a chapter XXXX bankruptcy and included our arrears with the second mortgage and first mortgage as a part of the debt to be paid. We completed our bankruptcy plan which was discharged XX/XX/XXXX. According to our research of our records, XXXX XXXX   XXXX was listed as the Grantor which is shown as XXXX XXXX XXXX XXXX XXXX  recorded XX/XX/XXXX. Our mortgage was later turned over to XXXX XXXX XXXX, XXXX to whom we pay, but as I mentioned before they say they just service the loan and could not disclose to us who holds the mortgage. The first time we actually saw anything in writing about the {$30000.00} debt claimed by Ditech was when we received paperwork from the company that is in the process of refinancing the mortgage. One other thing, prior to Ditech contacting us, we received a legal notification that XXXX XXXX or XXXX XXXX XXXX had filed a chapter XXXX bankruptcy in Delaware. The creditor that Ditech says they are representing is listed as XXXX, XXXX, which is a privately owned start up company in Delaware whom we have never heard of or from. We would like to see/validate the current, official Deed to Secure Debt/Legal Document of legitimate assignments on all mortgages Ditech and XXXX we were/are connected to so we can be completely informed moving forward. Thanks for your assistance.

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