Consumer complaint received 2017-02-02
Company: Ditech Financial LLC
State: TX
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
XXXX/XXXX/XXXX We refinanced our home with a loan from XXXX, made payments until XXXX/XXXX/XXXX when the market crashed. See Exhibit XXXX XXXX/XXXX/XXXX XXXX XXXX a Notice of Default and Acceleration letter and said specifically, " If the default is not cured on or before XXXX XXXX, XXXX, the mortgage payments will be accelerated with the full amount remaining accelerated and becoming due and payable in full, and foreclosure proceedings will be initiated at that time. '' Clearly stated, this is not a foreclosure, but foreclosure may happen in the future. See Exhibit 2 XXXX XXXX, XXXX came and went with no additional notices or legal actions as stated in the previous notice. 

XXXX/XXXX/XXXX I file for BK See Exhibit XXXX XXXX/XXXX/XXXX I waived my right to a discharge for all debt, letter mailed to creditors XXXX/XXXX/XXXX. Statue of Limitations begins to run again 30 days after the mailed letter, XXXX/XXXX/XXXX See Exhibit XXXX. 

XXXX/XXXX/XXXX XXXX XXXX XXXX sends another NOD stating " XXXX XXXX XXXX, XXXX. intends to initiate foreclosure action on the mortgaged property. '' This another threat of a lawsuit that never came, but never the less another " Notice '' and reference a future action that that bank intends to take. See Exhibit 5 XXXX XXXX XXXX transfers servicing to XXXX, and later to Ditech. 

XXXX/XXXX/XXXX XXXX XXXX sends Notice of Default and Acceleration letter, just like in XXXX/XXXX/XXXX, XXXX/XXXX/XXXX and other notices over the previous 7+ years. This is another Notice ; a foreclosure has still not commenced and no other legal action has taken place. See Exhibit 6 According to WA State law, the 6-year statute of limitation for lender to collect on the debt was up on : XXXX/XXXX/XXXX. 

RCW XXXX : Statute of Limitations requires a lender to take an actionto enforce within 6 years of the acceleration for written contracts. Law dictionary define an action as : n. a lawsuit in which one party ( or parties ) sues another. I still have not been a party to a lawsuit that would toll the statute. Exhibit 7 XXXX/XXXX/XXXX comes and goes and no lawsuit is filed. The lender has had over 7 years to take action, still no lawsuit filed, and over 6 years of the Statute of Limitations running. Exhibit XXXX XXXX/XXXX/XXXX Trustee records Notice of Trustee Sale, with sale date XXXX/XXXX/XXXX. Again, a NOTICE as in the title of the document. Lender specifically is choosing not to take legal action and file a lawsuit, rather to follow a non judicial process AFTER the debt is barred from collection. Exhibit XXXX XXXX/XXXX/XXXX comes and goes, several continuances of sale are issued. Trustee is aware of SOL issues. Phone calls and letters explain to trustee the situation and they do n't have the sale. 

XXXX/XXXX/XXXX ( 120 days past sale date ) comes and goes with no sale occurring. WA foreclosure law requires lender to start the foreclosure process again. Still, no tolling has occurred yet. 

XXXX/XXXX/XXXX Trustee records Discontinuance acknowledging that they have to start over but the last day to have the sale was XXXX See Exhibit 10 Trustee also records new NOTS with new sale date of XXXX/XXXX/XXXX. They are starting over with the foreclosure process on XXXX/XXXX/XXXX. See Exhibit 11. 

Now, the lender is wrongfully trying to collect a debt that is barred from collection AGAIN! 

Either way, the 6-year SOL has passed on XXXX/XXXX/XXXX, over 302 days past the 6 year tolling date, and over 8 years past the first late payment. 

XXXX/XXXX/XXXX XXXX XXXX XXXX agrees to continue the sale until XXXX/XXXX/XXXX to look into this further. See Exhibit 12. 

As of XXXX/XXXX/XXXX, I have still not been sued by the lender, Bank, " holder '' " servicer '' or any other party claiming to have standing to do so, nor has anyone commence a Judicial Foreclosure. 

PLEASE HELP!!!

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