Consumer complaint received 2016-05-26
Company: Ditech Financial LLC
State: WA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
To whom this may concern, my name is XXXX XXXX. My husband, XXXX XXXX & I reside in XXXX, Washington. We are terrified that our mortgage servicers, Greentree L.L.C., a.k.a, Ditech Financial have deliberately and systematically foreclosed on our property on XXXX XXXX, 2016, without offering us proper notification and never offering us an alternative or any other option to avoid that foreclosure ; ie., modification or some kind of repayment plan. This loan is guaranteed by XXXX. 

The last few years for us have been XXXX financially devastating for us. I was diagnosed with XXXX XXXX 3 years ago and underwent the whole grueling barrage of medical treatments. XXXX. I was also involved in XXXX XXXX accidents, neither my fault. These are not excuses for falling behind but circumstances that resulted in falling behind on many of our bills including our mortgage. One of the drivers that caused an accident had no insurance so we were, and still are, stuck with much medical debt. 

We are trying to figure why Ditech and/or Greentree did not offer us any alternatives to foreclosure when there are many programs out there that are designed to help struggling homeowners like ourselves that have realistic and genuine hardships as we have had. Each time I would contact them I was told that the full arrearage had to be paid and that was it. Violation of The Real Estate Settlement Procedures Act ( Regulation X ) 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to " protect mortgage borrowers from costly surprises and runarounds by their servicers. " Why were n't we told of a modification program or get us into a repayment plan, something that would enable us to avoid foreclosure? 
1024.41 ( b ) Receipt of Loss Mitigation application - " A servicer shall exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application. '' We never knew of a " loss mitigation dept. '' that existed ; if we had been told that we could have applied for mortgage assistance instead of being told that we had to come up with the entire balance or face foreclosure. 

What is now more alarming that we were n't offered help but now the foreclosure has occurred without us getting an opportunity to postpone or stop the foreclosure. Since we can afford our payments, we could have gotten in a Chapter XXXX to pay the mortgage and the arrearage to keep our house that we desperately do n't want to lose. 

Why were n't we notified of the sale or auction date? We never received documentation from a law firm or from the courthouse? This has been a complete travesty ; instead of giving us an opportunity to avoid the worst possible scenario that has occurred. 1024.39 Early intervention requirements for certain borrowers - I do n't feel that Greentree/ Ditech has ever provided us with a " Fair Review Process '' for a modification, as required under the Dodd-Frank Wall Street Reform & Consumer Protection Act. " CFPB 's mortgage servicing rules ensure that borrowers in trouble get a fair process to avoid foreclosure '', " borrowers should n't be surprised by the start of a foreclosure proceeding until they have had time to explore all available options ''. 

We strongly believe that the foreclosure occurred unlawfully ; without proper notification without any alternatives to said foreclosure. We are pleading for someone to intervene and contact Greentree, Ditech & XXXX to get the sale date of XXXX XXXX, 2016 rescinded and get the mortgage put into modification or a repayment plan so we can stay in our home that we love. 

Please help us anyway you can, XXXX & XXXX XXXX and family

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