Consumer complaint received 2018-05-08
Company: Ditech Financial LLC
State: UT
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you in a state where you do not live or did not sign for the debt

Complaint:
RE : Alleged Loan # XXXX Lawyer for Ditech Financial LLC/Green Tree Servicing - XXXX, XXXX & XXXX XXXX ; XXXX XXXX. XXXX XXXX. Alleged File # XXXX 1 ) Mortgage originally with XXXX XXXX. XXXX XXXX/XXXX XXXX XXXX., handled monthly billing. In XX/XX/XXXX/XX/XX/XXXX our Mortgage was " Mistakenly '' placed in Foreclosure. I spoke to 2 Representatives who confirmed. We tried to make a payment & couldn't. We got a loan & paid back amounts to insure our home was removed from Foreclosure so we could make a payment. None of the Advance Fees were ever Credited back.

We also filed a Mortgage Co Review with OCC regarding XXXX XXXX/XXXX XXXX XXXX., several years ago, regarding the Illegal Mistake & " Robosigned Foreclosure proceedings in XX/XX/XXXX - XX/XX/XXXX.

2 ) Several years ago XXXX no longer maintained Mortgages and Mortgages were turned over to a company called XXXX. I tried to make a payment and got an error our Mortgage Loan information could not be found.

Several weeks later we received a letter from Green Tree Servicing. Since then they have tried to collect on a Property Inspection for XX/XX/XXXX paid off in XX/XX/XXXX or I couldn't have reversed the Illegal and Mistakenly & Robosigned XXXX XXXX Foreclosure.

I wrote Green Tree Servicing approximately a year later, asking for proof & copies of Lending Agreement Contracts with them containing our Signatures. Their reply, " Mortgage Companies do this all the time. '' My understanding is this is in violation of the Truth in Lending Laws, which I believe was enacted to prevent fraudulant Lending practices such as we feel were experiencing.

Since then, first Green Tree Servicing and then Ditech Financial LLC. have sent us NEW Mortgage Loan documents for us to sign, which we have NOT done. We have never opened any of the envelopes ; but we could tell what was inside.

A couple of years ago, we stopped receiving communication from Green Tree Services, and began receiving communications and alleged Loan Statements from Ditech Financial LLC.

A year or so later, we received a check from Green Tree Servicing for {$10.00}??. We then began to receive We chose not to deposit or cash this check.

Since Green Tree Servicing/Ditech Financial LLC has become involved, our alledged Mortgage Balance has increased over {$6000.00}. We have been a couple of months behind in our payments due to financial struggles the past several years. We've tried to continue to make payments, best we can to keep our Home from Foreclosure proceedings.

We have not sent a Written Cease Communication to Green Tree Servicing/Ditech Financial LLC as we normally do with Debt Collectors, because of fear and suspicions they would immediately Foreclose on our Home.

Also, since Green Tree Servicing/Ditech Financial LLC has become involved, we have NEVER received any Annual Mortgage Statement from XXXX or XXXX as we did when XXXX XXXX/XXXX XXXX was involved. Plus we were ALWAYS able to make payments online at XXXX XXXX! This is no longer the case as XXXX & XXXX  are NO longer involved.

Also in XX/XX/XXXX we changed our Homeowners Insurance Co., from XXXX XXXX to another co. Either Green Tree Servicing or Ditech Financial paid premiums to both companies knowing there was duplicate Homeowner Insurance coverages.

We received a letter from Ditech Financial LLC 's Attorney, that we JUST SAW last week. This is due to serious Health Issues my husband has been experiencing since XX/XX/XXXX.

We sent the Attorney a reply to his letter " Certified Mail '' yesterday XX/XX/XXXX, that we just received and read their letter XX/XX/XXXX ( which is true ) and also stating we have no record of any signed agreement and/or Loan with Green Tree Servicing or Ditech Financial LLC.

The Attorney has threatened to immediately begin Foreclosure proceedings ; ( yet we were able to make a payment the end of XX/XX/XXXX ). In the letter from the Lawyer, he states that " Ditech Financial LLC is the creditor to whom the ( alleged ) debt is owed. '' However all of Ditech Financial LLC 's Communication, including in the letter from the Attorney, states they are a Debt Collector. This seems contradictory to me.

How can a Company be allowed to collect and/or attempt to collect on an alleged debt when there is no signed Signatures from the consumer ( s ) agreeing to an ( alleged ) debt ; including a an alleged Mortgage Loan with that company? There is no indication that the original Mortgagee is involved or aware of any of these actions ; nor have they attempted to communicate or collect any payments regarding the original Mortgage loan!

We also feel Green Tree Servicing and Ditech Financial LLC have assessed Fees and excessive Fees in our alleged account/loan, also not agreed to in any Loan documents with them. We also feel we have the Right NOT to sign any Loan Documents with Ditech Financial LLC ; as Ditech Financial LLC was NOT involved in the original XXXX XXXX XXXX  Loan Agreement, with us.

Please help us, so we won't lose our Home! And also please help us regarding Ditech Financial LLC., as we do not wish to have any Business dealings with them! We did not have any choice in this matter. Nor do we feel we should be required to sign any Loan agreement documents with Ditech Financial LLC.

Also could you please forward any information regarding to the appropriate Laws and Legal Cases that will be helpful in our situation?

Thank You in advance for any and all help you can possibly give us regarding this situation!

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with explanation