Consumer complaint received 2015-03-30
Company: Ditech Financial LLC
State: NC
Product: Mortgage
Sub-product: Home equity loan or line of credit
Issue: Loan modification,collection,foreclosure

Complaint:
My wife and I came on some hard financial times right at the start of 2010 when she got XXXX. I work from home as a XXXX. We were able to keep both the XXXX and XXXX mortgage payments up while she was collecting unemployment. Once the unemployment ran out we started having serious trouble making XXXX the XXXX and XXXX mortgage payments and fell behind. 

We turned to the North Carolina Foreclosure Prevention Fund and were approved for their program. The NCFPF then made good our back payments for both mortgages and continued to make payments for a little over a year until our maximum had been reached. 

By the time the NCFPF ran out my wife got XXXX, and while they are a true blessing it did n't help improve our continuing financial issues. 

We again got behind on both the XXXX and XXXX mortgages. By this time wife has found gainful employment full time ( 30 hours a week ) with a local bookkeeper. However it took all of our income just to keep the lights on, heat, groceries, car insurance and all the other necessities of daily life and left little to no extra money for the mortgages. 

We then turned to our local HUD approved agency for assistance with a HAMP modification. The HUD agency is the XXXX XXXX XXXX XXXX XXXX. We also sought the assistance of another legal agency, the XXXX XXXX XXXX XXXX that provides us with a free attorney. 

The attorney proved to be very helpful since the XXXX mortgage company has been trying to foreclose on our home for almost a year and we have been to court more than XXXX times, each time resulting in a postponement while we were working through the HAMP process with XXXX. 

We successfully completed the HAMP process with our XXXX mortgage company and are over XXXX payments into that modification with them. And this is where we start to have an issue. 

We were told throughout this entire process by our XXXX mortgage company and our HUD rep that once we were approved for the HAMP with our XXXX mortgage company we would automatically be approved for a 2MP with our XXXX mortgage company. The loss mitigation rep at my XXXX mortgage company called late last week and informed us that after their " in house '' review for mortgage modification that we did not qualify. 

Needless to say I was perplexed as to why this was in " in house '' review and not under the HAMP law. He did n't really have a good answer as to why we were not eligible under HAMP just that we did n't qualify for HAMP with them, even though all along were led to believe that a XXXX was automatic once the XXXX mortgage company approved us for HAMP. 

After calling my HUD rep at XXXX she was able to find out that because our HAMP mod with the XXXX was an FHA HAMP we did n't qualify for an automatic XXXX approval. This is something that my HUD rep was also not aware of for this entire process. 

So now I am filing this complaint on the advice of my HUD rep hoping that I can get some kind of positive resolution to this XXXX mortgage modification issue. This matter is further complicated due to the fact that we have another court date scheduled for XXXX XXXX and the court has a sale date for my property already on the books.

Company response to consumer: Closed with explanation