Consumer complaint received 2018-07-11
Company: Ditech Financial LLC
State: CO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Nature of Complaint : Payment Processing /Escrow Account with Ditech Mortgage Facts : On XX/XX/XXXX, we received an Escrow Analysis for our Escrow Account, with Ditech Mortgage , stating that our account had a shortage of {$490.00}. We paid this shortage in full on XX/XX/XXXX. Mortgage payment then remained the same as it had prior to the shortage. 

On XX/XX/XXXX ( 7 months later ), we received another Escrow Analysis for our Escrow Account, with Ditech Mortgage ( same account ), stating that our account had a shortage of {$2200.00}. 

On XX/XX/XXXX, I called Ditech and asked for an explanation and a review of our account as we had just trued up our Escrow Account 7 months prior. I was told a supervisor would call me back. 

Supervisor never called back. 

XX/XX/XXXX and XX/XX/XXXX mortgage payments were made on time and for the same amount as prior months payments. 

On XX/XX/XXXX, we received a letter in the mail stating that our XXXX Mortgage payment was not received in full ( meaning with shortage amount ) and that there was a late fee now of {$77.00}. 

On XX/XX/XXXX, I called Ditech and asked for explanation of late fee b/c we had sent in our XXXX Mortgage payment on time. I was told because it was not paid in full ( shortage amount added on ) that my payment ( previously considered a full payment ) was now BEING HELD IN SUSPENSE STATUS. And therefore our mortgage payment was considered late. I explained that my account was under review because we were questioning the large shortage amount. Ditech said it didnt matter. I asked for supervisor received a voicemail on the transfer and I left a message requesting a call back. 

Supervisor never called back. 

On XX/XX/XXXX, I called Ditech. Spoke with representative who placed our account on a 36 month payment plan so that we would pay back a portion of the escrow shortage each month and not have future Regular Monthly Mortgage payments be considered late. This will buy us some time to figure out the source of the shortage amount without constant late penalty and ding to our credit. Representative could not explain to me why our account had a deficiency. Representative said it was the County Treasurer telling them how much to collect for projected taxes and that I should call the County Treasurer. 

On XX/XX/XXXX, I called the County Treasurer and County Assessor. Taxes for our home actually went down in XX/XX/XXXX assessment. Representative at County Treasurer office told me they would never give a number for projected XX/XX/XXXX tax amount because amounts can change due to levies. These tax payments are reflected in our escrow payment history. 

On XX/XX/XXXX, I called Ditech, and asked for them to run another Escrow Analysis to explain to me how a {$2000.00} shortage came to be after we paid a shortage amount in XX/XX/XXXX. Representative couldnt explain deficit. Supervisor was busy and couldnt talk to me. I was told to call back in 30 -60 minutes. 

On XX/XX/XXXX, I called our homeowners insurance company and verified all of the payments made to our policy by Ditech for the last three years. From XX/XX/XXXX to  XX/XX/XXXX premiums due, there was only a {$250.00} difference in the cost of our policy. 

On XX/XX/XXXX, we received a letter from Ditech stating that we have been assigned an account representative. I called Ditech and tried to reach representative. I did not speak with him. 

On XX/XX/XXXX, I called Ditech and requested to speak with Supervisor. Representative placed a request for supervisor to call me back. 

Supervisor never called back. 

On XX/XX/XXXX, I called Ditech. I finally spoke with a supervisor. She said she would run an analysis and call me back on the findings. 

Supervisor never called back. 

On XX/XX/XXXX, I called Ditech and asked to speak to the same Supervisor that I spoke with on XX/XX/XXXX. I was sent to her voicemail. I left a message asking for her to call me back. 

Supervisor never called back. 

On XX/XX/XXXX, I have filed this complaint with you because I am frustrated with the lack of response and knowledge regarding this issue. We are happy to pay any amount that we legally owe but we would like to know why we owe it. From the first day of our inquiry over 3 months ago, I have yet to speak to anyone who can explain to me why we owe {$2200.00} as a shortage on our Escrow Account, seven months after paying a previous shortage of {$490.00}. Our homeowners insurance and our real estate taxes have not changed enough to warrant this type of shortage. We would like to have an answer from the company who manages this account. In three months time, I have never received a phone call back from Ditech. All inquiries have been initiated by us. We are frustrated and do not understand why they aren't able to provide justification for a shortage such as this. 

Also, when there is a " disputed amount in question, '' the holding of regular payments " in suspense '' and not giving the customer credit for paying the undisputed amount on time, seems to be unethical. Is this business practice a violation of any consumer protection laws?

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