Consumer complaint received 2015-06-24
Company: Ditech Financial LLC
State: MD
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
On XX/XX/XXXX the Collection Agency for the loan of the home that I live at in XXXX Maryland, called me to report that an " escrow check '' had be sent to my address. The company, Green Tree Services, had taken over the mortgage from the previous lender, XXXX in XX/XX/XXXX. This property was an inheritance from my late mother, XXXX XXXX XXXX, who had passed in XX/XX/XXXX. I am the executor for the property on XXXX XXXX XXXX XXXX XXXX, Md. XXXX, which is part of the estate of XXXX XXXX XXXX. The Estate account was established in XX/XX/XXXX with XXXX XXXX Bank. Green Tree Services was duly notified of the Estate in XX/XX/XXXX as well. 
Green Tree 's representative told me on XX/XX/XXXX that a check for {$3400.00} was issued to the estate of XXXX XXXX XXXX and sent to our address on XX/XX/XXXX. My sister and I both live on the property, and had lately been checking our mail in order to keep up with bills. We never received this check Then I was advised the check could be reissued, and even subsequently used toward the current balance of our mortgage. I requested that this escrow check of {$3400.00} be reissued on XX/XX/XXXX. I was advised by Green Tree that the reissue process would take approximately XXXX business days for the escrow check to arrive. 
Several days later, Green Tree had repeatedly called, with threats and warning about the balace of our mortgage ( for the sake of transparency, we have been XXXX months behind with payments, and were looking for foreclosure/credit counseling services in order to assist us XXXX. Each time that I ask about the escrow check, I have been warned that check would be sent on progressively later dates or deadlines than was originally told to me on XX/XX/XXXX. So now, I have been told that the check is n't really going to be mailed until XX/XX/XXXX, and that at least a payment of {$1000.00} should be made before XX/XX/XXXX so that our home wo n't be brought into full foreclosure proceedings. 

This explanation was different than the reissue process that I was told by Green Tree on XX/XX/XXXX that would just take XXXX business days, with no other caveats given to the process to reissue the escrow check of {$3400.00}. Bait and Switch? 

I understand that the job of Green Tree Services is to collect a debt, in this case, the inherited debt of the estate of my late mother. I understand also that our payments are 2 months behind. What I do n't understand is why Green Tree would go out of their way to announce the mailing of a check of nearly {$3500.00} that we never received, and then take equally painstaking measures NOT to reissue the check that they said they were obligated to send in the first place. It seemed pretty clear that the " escrow check '' was almost used by Green Tree as a bargaining chip for the payment of {$1000.00} that they really want by XX/XX/XXXX. 
Our family is actually in the process of gathering this {$1.00} for the late payments. I am formally making a complaint of the attempt by Green Tree Services to use this alleged escrow overage as a punitive, if not fraudulent, means to unethically collect debt. The only names that I have been given are that of a " XXXX ", a representative for Green Tree Services, who is sometimes available at XXXX, at extension XXXX.

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