Consumer complaint received 2017-01-18
Company: Ditech Financial LLC
State: GA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
RE : XXXX XXXX XXXX Consumer Financial Protection Bureau ( CFPB ) Case No : XXXX Ditech Financial LLC Account No : XXXX I was illegally foreclosed on while I was in Bankruptcy and before it was discharged. The mortgage company, Ditech, continued to accept and cash my mortgage payments ( three months worth ) while I was in foreclosure and my home was subsequently sold at auction. The following is additional information re my original complaint : This letter serves to provide additional information related to the complaint I filed with your office and the CFPB regarding action taken by Ditech Financial in the foreclosure sale of my home, including Ditech 's response to my original complaint in a letter to you dated, XXXX XXXX, 2016. 
In the XXXX XXXX, 2016 letter, Ditech attempted to explain the chronology of events, however, this account is wholly inaccurate. I received a notice of foreclosure on XXXX XXXX, 2016, prior to the discharge of my bankruptcy on XXXX XXXX, 2016. Again, as stated in my previous complaint, I then began trying to contact XXXX XXXX at XXXX. I received a call back from XXXX XXXX on XXXX XXXX, 2016, which was adequate time to delay the foreclosure because I had been not discharged from bankruptcy at that time. Nevertheless, the property was sold on XXXX XXXX, 2016. 
Further, Ditech admits in this letter that they continued to improperly accept my monthly loan payments for XXXX, XXXX and XXXX 2016. However, Ditech explained that in XXXX, they returned {$1400.00} which they claimed was the amount in a suspense account and one of the monthly payments of {$950.00} that they fraudulently accepted. Again, this is a misrepresentation by Ditech. The {$1400.00} noted in the response letter was from the Greentree suspense account, and was not related to the payments they took in error, such as they describe. Ditech then went on to write, that they were " in the process of issuing a check for {$1900.00} to return to me, the two remaining payments of {$950.00}. '' As of today, such payment was never received. Furthermore, the " gesture of goodwill '' Ditech claimed they would make by " reaching out directly to discuss other ways to provide assistance, '' also never occurred. So, while Ditech claimed to you that they were " working diligently to do the right thing, '' they did nothing of the sort. In fact, it was four months ago that they vowed to you that they would make things right. I can only assume, this was simply said so you would close out my complaint against them. It would appear that Ditech never intended " to make things right. '' So, I have been left alone to continue to fight on my own against the current owner to try and stay as long as I can, in what was my home for XXXX years. If you 'll recall, Ditech claimed they asked to rescind the sale because of their gross errors and fraudulent behavior, but the new owner refused. I am an elderly, XXXX woman and have been left with no choice but to seek counsel to take legal action against Ditech, which honestly, I do not have the means to do ( see attached letter from my XXXX ). But perhaps, this is exactly what Ditech relied upon all along. Currently, I am also trying to obtain additional time to move out so the current owner can finally take possession of the property. I have no means to do this either, but yet again, I am left no other options before I will be forcibly removed by the Sheriff 's Department. 

Any assistance that can provide would be greatly appreciated because nothing about what Ditech has done is right here! Ditech should be forced to do the right thing, if they will not do so willingly. This should n't be permitted to happen to anyone else. If you need additional information, you may contact me at : XXXX. 

XXXX XXXX Cc : Ditech Financial, LLC CFPB via portal

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with monetary relief