Consumer complaint received 2019-01-29
Company: Ditech Financial LLC
State: NJ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX we qualified for and were issued by XXXX a Sandy-impacted Mortgage Forbearance Certificate for our Ditech Mortgage loan. We had problems initially with Ditech honoring the Certificate and had to contact XXXX XXXX XXXX XXXX XXXX XXXX XXXX in XX/XX/XXXX because they reported us to the Credit Borough as delinquent on payments, and were trying to transfer our loan to get out of honoring our Forbearance terms, that since got resolved after the TV station aired our complaint. But now we have even more problems with them. Our Legal Forbearance Cert is issued with Ditech 's name on it, for Forbearance period until XX/XX/XXXX. However, we had to fight with them since XX/XX/XXXX to make sure they kept our account in forbearance, since they started reporting us as delinquent to the Credit Borough again and showing we owe back interest. They finally fixed our account showing no late payments, but have not yet fixed our balance, since it shows accrued interest of about {$45000.00}. NJ DCA says interest is not to be accrued during this forbearance time since this is a special forbearance for SuperStorm Sandy victims, but Ditech refuses to address or correct this, even after we showed them a letter proving the NJDCA confirmed no interested should be accrued during the Forbearance period. We have been paying the Escrow,  per the terms yet another problem we had with them is that they have not been properly applying our money to Escrow, but keeping it in a " suspended account '' so we had to once again dispute this is incorrect, because it has affected our Principal tremendously and what they are doing is wrong. Our credit report shows our Principal balance increasing approx. {$2000.00} each month. Then to make matters worse, while we were in a dispute with them about this, they decided to transfer our loan to another loan servicing company ( XXXX XXXX. ) And gave us 15 days notice. Once again we disputed that they do not transfer us while we were in a forbearance and still trying to rectify another dispute about the interest. We complained they cant do this since we are in a forbearance until XX/XX/XXXX, which is in writing from them. They tried to do that to us in XXXX, but then decided they wouldn't do that then, because we were in a forbearance and it was unethical and illegal, DCA told us they were not allowed to do that anyway. After spending numerous hours on the phone with Ditech Loss Mitigation Reps, they told us to write dispute letters about all complaints, which we did. We have since wrote 2 letters disputing them to correct credit report, then not to transfer our loan to another lender while we are in a dispute and yet they transferred us anyway on XX/XX/XXXX even though we have not gotten a resolution yet, only that they received letter that we faxed on XX/XX/XXXX and were working on a resolution. They also told us if our loan transfers that all loan conditions would remain the same with new lender, yet we just got our new bill from XXXX and its no longer showing the correct amount, nor that we are in a forbearance. XXXX XXXX got no information from Ditech regarding our Forbearance, even though Ditech told us our loan agreement showing Forbearance would not change once it was transferred, this was clearly a lie to us. In fact XXXX has us as not making a single payment since XX/XX/XXXX and a past due amount of {$45000.00}, which is clearly incorrect. We have tried to explain this to XXXX Reps and they claim they have no record from Ditech proving we were in a forbearance, even though we faxed, mailed and emailed ( Several times ) 15 pages worth of written proof to them over a week ago. When we try to call Ditech, we are left on hold for over an hour and no one picks up. We don't know what to do at this point. We wrote to NJ Dept of Banking and Insurance, as well as SD Div. of Banking and Ins filing  complaints with both and now we are contacting CFPB in hopes someone can help us rectify this nightmare of a situation. The sad part about all this, is that we were significantly damaged by flooding by SuperStorm Sandy, then we were forced to elevate our home, which meant moving my family with XXXX XXXX ( XXXX is a Type XXXX XXXX ) into a tiny bungalow 30 minutes South of our home. We were displaced for almost 9 months, while dealing with a shady contractor,  and finally home trying to get back to some kind of normalcy for our children. Ditech has made our stressful situation so much worse by not correcting our account, and abiding by the DCA legal-bound forbearance certificate terms, they have messed up our excellent credit scores because of their negligence and then transferred us to another company without providing them with the correct amounts and proper information for our loan. We are beyond frustrated and in desperate need of help. We are considering hiring a lawyer and once again contacting XXXX XXXX XXXX XXXX XXXX for assistance. We would prefer not to have to go that route, but we are at a loss as to how to get this resolved asap so our credit doesn't get further ruined by Ditech 's mistakes. Please Help!!

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