Consumer complaint received 2016-07-28
Company: Ditech Financial LLC
State: MD
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
I have ( or had ) a mortgage with XXXX XXXX XXXX for a property at XXXX XXXX XXXX, XXXX, XXXX XXXX, which was turned over to Greentree for servicing. Greentree was sold to Ditech Financial LLC, which is now responsible for servicing. After having ongoing delinquency issues with my mortgage, I was approved for refi XX/XX/XXXX at a monthly payment that I though I could afford. When time came to sign documents, the amount reflected was approx. {$400.00} per month higher than what had been told to me. Apparently, the lender did not include monthly mortgage and insurance when giving me my estimated monthly payment. After ongoing failed discussions with Ditech, I then decided I would sell my house. I notified Ditech of this. 
My house was sold to a buyer and, numerous requests were made to Ditech by the title/settlement company for a payoff in order to accommodate an XXXX XXXX, XXXX settlement. Ditech 's own foreclosure attorneys also requested that a payoff be sent to the title company to avoid major issues. On the last day, XXXX XXXX, XXXX, right before closing was due to occur, Ditech finally sent the payoff letter to the settlement company. ( Copy attached. ) The settlement company wired payoff funds to Ditech and asked that they get in touch should there be any issues with the payoff. Neither I, nor the title company, was contacted by Ditech to indicate any problems. Public records indicate that the property was sold on XXXX XXXX, XXXX and documents recorded on XXXX XXXX, XXXX. I moved away from the property and the new owner moved in. On XXXX XXXX, XXXX, I was notified by my office that a process server had come to my place of work and served " court foreclosure documents with your name and your property address. '' Also, the uncovered XXXX page court documents were signed for by the receptionist and left at the front desk. When I contacted the title company and Ditech 's attorneys, I was told that a lis pendens had also been filed against the property. Ditech 's attorneys and the title company then began to communicate to try to understand why this had happened. Turns out Ditech claims that they were short payment for a few days worth of interest. The wired funds were put in escrow and nothing nor anyone notified until those papers were served. Now Ditech 's attorneys have submitted a demand for payment of over $ XXXX+ including attorneys fees, insurance and interest through XXXX XXXX. The title company has paid the requested amount and have been trying to get Ditech to remove the extra interest. Notwithstanding Ditech 's having received these moneys reflecting full payment, Ditech has not issued a release for the mortgage on the property, I 'm still receiving statements indicating that I owe {$29000.00}, there 's still foreclosure papers outstanding in court, I 'm getting calls from individuals trying to " save me from foreclosure '' and, in general, embarrassed to visit my office due to the invasion of my privacy by Ditech and their attorneys. When I attempt to call Ditech, they have put me on hold for up to half an hour and not take my phone calls. I believe Ditech is acting in an unscrupulous and underhanded manner. They deliberately tried to prevent me from selling my home in order to pursue foreclosure, notwithstanding my being in communication with them on a regular basis. 
I 'm requesting that Ditech remove the excessive and extra interest charges that they have accrued against this account, remove the lis pendens from the property so that the new owner can complete their refinance, cancel any and all foreclosure proceedings and, more importantly, issue a Release of the mortgage so that it can be recorded against the property. 
I have never, ever engaged with a more underhanded, deceptive, unprofessional, disrespectful entity as Ditech. They are truly a blight on the mortgage industry.

Company public response: Company believes complaint represents an opportunity for improvement to better serve consumers
Company response to consumer: Closed with explanation