Consumer complaint received 2015-04-28
Company: Ditech Financial LLC
State: CO
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
Hello, I am so frustrated and angry and stressed that I might lose my home that I have worked so hard to keep. I filed for bankruptcy back in XXXX of XXXX. Right at that time XXXX XXXX XXXX also sold my mortgage to Green Tree. I kept my home under the chapter XXXX. In the bankruptcy, there were XXXX payments of around {$480.00}, and what they claimed to be legal and other fees for a total of {$1500.00} in arrears. Another year goes by, and due to some illness and struggles to find work, I started to fall behind again. Last XXXX XXXX they told me I was behind {$2300.00}. ( see spreadsheet titled Green Tree payment spreadsheet XXXX ). They also filed a motion to lift the stay of relief. Which was granted.My trustee said they would still pay, see bankruptcy docs, and I told Green Tree. As you can see I made an extra XXXX payments, and they also missed a payment I feel from back in XXXX of XXXX. I emailed the copy, which they say they never got, I then faxed it and got confirmation it went through, they say they never got it, so I finally mailed, with correspondence, registered return receipt. I then inquired the next several months, which you will see 4 canned responses " we will get back with you in 30 days '' ... they never did. I was trying to find out the status of that missed payment, whether I was paying enough ( you will see extra amounts being paid on my money orders ), and what would happen with the payments that were wrapped into the bankruptcy. 
Fast forward to a little over a week ago. I get a notice from them that I am in default and that I owe them {$4000.00}. I was of course shocked. They say I am XXXX payments behind and 200+ days behind. It is in no way true. Please find enclosed copies of every payment I have sent since last XXXX, return registered receipt, except for one ( which they do show they got ). they also did not apply a payment I sent in XXXX that I show they got. And, I found out that the payment I sent in XXXX was lost by USPS, and I am in the process of filing a claim with the money order company. However, Green Tree will not let me pay online, so when I am doing everything in my power to make sure they get payments, and USPS loses something, what am I supposed to do? I was not able to get a regular checking account for the last few years because of the bankruptcy so had to send payments by money order. I have now found a bank that will take me and will be opening an account today. 
So, since I have gotten this notice, I have been on the phone with them several times a day and I keep getting the runaround. Last week they were telling me they could not talk to me because the old attorney ( whom I fired last year ) was still on the account, even though I told Green Tree last year I fired him, so I had to have the attorney fax their release, which they did last Thursday, and have the date and confirmation. As of yesterday Green Tree said they still did not show in their system. I spent over an hour yesterday trying to get answers, was transferred several times, they could not tell me if the arrears was included in the $ XXXX total, they ca n't give me an accurate accounting ( see printout from them only showing a years payments ). I am attaching everything. What they are doing to me is unethical, and their legal action needs to be delayed until they can provide me clear and concise accounting. I just sent another {$500.00} ( I have copies ), and can send another {$600.00} tomorrow. And I will be borrowing money and selling some stuff, which you will then see just leaves the arrears of {$1500.00}. on my spreadsheet. I am filing claim for lost payment sent XXXX/XXXX/XXXX, so add that on too for {$500.00}. Did they give me credit for payment in XXXX XXXX? 
I have also sent this to a new attorney that I may retain. Also, if they could n't talk to me before they should not have sent those response letters and told me I needed to get my attorney off the account.

Company response to consumer: Closed with explanation