Consumer complaint received 2015-09-11
Company: Ditech Financial LLC
State: SC
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I entered into an agreement with Green Tree for loan modification due to a divorce, loss of job and other financial down falls to which put me hardship and needing such help to avoid foreclosure. This home where myself and XXXX daughters live and have since purchased new and financed since XX/XX/XXXX. A XXXX XXXX with Green Tree over the phone took payment which cleared the account on XX/XX/XXXX in the full amount of {$3400.00} to bring the account up in full and with legal fees to be weaved or deferred to the end of the loan, then on XX/XX/XXXX I was attempting to log in and set up the next payment that would come due on XXXX I could not log in and called back XXXX XXXX that I had previously talked with as the account manager and was told the company was now DiTech financial and that the payment would be returned to the account and that Ditech would not honor the agreement previously made due to new policies changes since the takeover on XX/XX/XXXX. I did have someone else on the line with me and Green Tree when this arrangement was made and all recorders of the money being acceded, bank records of the money taken from the account and confirmation records of all the transactions and now Ditech will not accept the agreement made and stated the money will be returned into the account and if {$3400.00} plus {$1000.00} legal and late fees are not paid in full by XX/XX/XXXX the house will be foreclosed. This allowed me only one week to come up with all the total and legal fees of over {$4500.00}, today is XX/XX/XXXX and the {$3400.00} has not been returned in the account and DiTech is still stating that it will be returned but the {$4500.00} must be paid today. After calling and talking with XXXX different people on XX/XX/XXXX ( remaining on the phone for over XXXX minutes hold with the new account manager, passed to a manager on hold for XXXX minutes then hung up on ) after XXXX different phone calls and no one will give us an answer about where the money is or when it will be back in the account. We talked with a XXXX XXXX that then stated I owned {$3400.00}, we informed him of the amount we had already paid {$3400.00} and he stated that he would have to talk with his manager and then stated after that DiTech would not except the amount paid and the money would be returned. We told XXXX XXXX that we would be filing a complaint with the CFPB and FTC about this matter and he informed us that they would do the complaint not us. I have no knowledge of the company DiTech or that they had taken over Green Tree but I do know that mortgages transferred to DiTech from Green Tree with previous foreclosure relief plans are not being maintained, DiTech has failed to honor loan modifications that I had entered into with Green Tree prior to the takeover. I know it 's against the law for a loan servicer to lie about debts people owe, honor in-process modifications and demand payments before providing loss mitigation options and should be held responsible for mistreating homeowners including people in financial distress. I will contact a lawyer and file complaints with Securities and Exchange Commission, Federal Trade Commission and the Consumer Financial Protection Bureau.

Company public response: Company believes complaint is the result of an isolated error
Company response to consumer: Closed with explanation