Consumer complaint received 2016-04-24
Company: Ditech Financial LLC
State: WA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
That DiTecT provide by Hawaii law that the address and person of contact to the location of it 's office in Hawaii see XXXX ( XXXX ). That the loan is currently being dual tracked per starting a re-modify attempt with DiTech. Restrictions on foreclosure proceedings while borrower seeks a mortgage modification : Referred to as " dual-tracking, '' servicers will no longer be able to start foreclosure proceedings on borrowers while they are actively seeking a loan modification or other alternative to foreclosure. To give borrowers time to apply for a modification, servicers can not file the first foreclosure notice until the borrower falls at least 120 days behind on payments. 

XXXX Additional duties of a mortgage servicer ; good faithand fair dealing ; disclosures ; payments, accounting, and records ; assignment of servicing rights. ( a ) A mortgage servicer licensed or acting under this chapter, has a duty of good faith and fair dealing in its communications, transactions, and course of dealings with each borrower in connection with the servicing of the borrower 's mortgage loan. 

( b ) In addition to any other duties imposed by law, a mortgage servicer shall : ( 1 ) Safeguard and account for any money handled for the borrower ; ( 2 ) Follow reasonable and lawful instructions from the borrower consistent with the underlying note and mortgage ; ( 3 ) Act with reasonable skill, care, timeliness, promptness, and diligence ; ( 4 ) Disclose to the commissioner in the servicer 's license application and each yearly renewal a complete, current schedule of the ranges of costs and fees it charges borrowers for its servicing-related activities ; ( 5 ) File a report with each yearly renewal statement in a form and format acceptable to the commissioner detailing the servicer 's activities in this State, including : ( A ) The number of mortgage loans the servicer is servicing ; ( B ) The type and characteristics of loans serviced in this State ; ( C ) The number of serviced loans in default, along with a breakdown of thirty-, sixty-, and ninety-day delinquencies ; ( D ) Information on loss mitigation activities, including details on workout arrangements undertaken ; ( E ) Information on foreclosures commenced in this State ; ( F ) The affiliations of the mortgage servicer, including any lenders or mortgagees for which the mortgage servicer provides service, any subsidiary or parent entities of the mortgage servicer, and a description of the authority held by the mortgage servicer through its affiliations ; and ( G ) Any other information that the commissioner may require ; and ( 6 ) Maintain an office in the State that is staffed by at least one agent or employee for the purposes of addressing consumer inquiries or complaints and accepting service of process ; provided that the mortgage servicer 's business constitutes at least a XXXX per cent share of the portion of the total mortgage loan service market in the State that was serviced by mortgage servicers licensed under this chapter within the previous calendar year ; and provided further that nothing in this section shall prohibit a mortgagee as defined by section XXXX or a mortgage servicer from contracting with a licensee that maintains an office in this State in conformity with this section for the purposes of addressing consumer inquiries or complaints and accepting service of process.

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