Consumer complaint received 2015-09-27
Company: Ditech Financial LLC
State: MI
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
My mortgage is with Ditech, which was formerly Green Tree. I admit that my payments have been late. I sent a postdated check ( dated XXXX XXXX ) for my XXXX payment. They presented it to my bank before that day, rather than returning it to me as unacceptable. Finally, on XXXX XXXX, I received a notice about the overdraft ( that notice was dated XXXX XXXX ). I sent a new check and letter that day. My letter pointed out that Green Tree ( the name at the time ) had been in possession of the overdraft check since at least XXXX XXXX, and that for some reason communications from Green Tree/ Ditech were taking nine or ten days to reach me -- considering the dates of XXXX notices I mentioned in the letter. ( In my opinion, they should have received my payment by the XXXX or XXXX, possibly on the XXXX at the latest. ) On XXXX XXXX, a man came to my house to show that someone was living here. He asked to take pictures of the property to show its occupation status ; I granted that permission, but, if he took a picture of me, that permission was certainly not granted. I am presuming that this would count as XXXX XXXX live contact required in the foreclosure process. However, the check I sent on the XXXX cleared my bank on the XXXX, and showed when I checked my online banking balance. I immediately messaged a friend that the check had finally cleared -- ten days after I mailed it. My message to her was made at XXXX Eastern Daylight Time ( XXXX area ). That would be XXXX in XXXX, where the check was cashed. Obviously, Green Tree/ Ditech was in possession of my check and held that check. My complaint could be much longer, but I will stay focused on this : Green Tree/ Ditech is holding check payments on my account, yet seems to be working on foreclosure without written notification that they are doing so. The first, post-dated check, was presented five days after I mailed it. The second check, mailed the XXXX, was not cashed until 10 days after I mailed it, and only AFTER the " live contact. '' Green Tree/ Ditech was in possession of the payment, but intentionally held it up. At the same time, I am getting at least daily phone calls from " XXXX '', even though I have informed the company ( in writing ) that I have a profound hearing loss, and can not use a telephone. I am getting notices from XXXX different addresses like XXXX days apart -- and, those notices appear to have been held up from the date of their issue. As part of its settlement order of XXXX 2015 ( with the FTC and CFPB ), Green Tree is supposed to respond to consumer inquiries in a timely fashion ( I asked them to hold the check, they did n't, I sent a replacement check in which I inquired about their timeliness and have not had a reply ). They are misrepresenting their actions ( I had to ask the man who came to my house WHY he was there, and he said it was to see if someone was living here, that a lot of people had just walked away from their homes ). In short, they are setting me up for failure by holding payments that have been made prior to Michigan foreclosure timeline requirements.

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