Consumer complaint received 2016-07-12
Company: Ditech Financial LLC
State: NJ
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I pay my mortgage via bi-weekly payments which Ditech automatically withdraws from my bank account. On Friday, XXXX XXXX, 2016, Ditech failed to complete that transaction. This payment would have completed my mortgage. 
On Monday, XXXX XXXX, 2016, after confirming with my bank that Ditech made no withdrawal, I called its customer service department. " XXXX in XXXX XXXX, TX '' confirmed that the payment could be made by withdrawing the funds from my escrow account. She told me I must send a letter to the Ditech office in XXXX, IL which gives my permission for this transaction. I mailed this letter the same day. 
Please note that my escrow balance is {$1500.00} after a property tax payment was made on XXXX XXXX, 2016. The next payment is due on XXXX XXXX, 2016, which occurs long after my mortgage is paid off. Thus, I am due refund of this entire balance. I believed that transferring these funds to pay the principal balance of {$100.00} plus interest was reasonable, and that Ditech would promptly complete this simple transaction. 
During my phone call on XXXX XXXX, 2016, " XXXX in XXXX XXXX, XXXX '' told me that my letter was not in Ditech 's records. She said it should have been mailed to Ditech 's XXXX XXXXXXXX office. Upon her advice, I sent an email to that office requesting the above transaction. That same day, Ditech set me an email confirming receipt of my email. 
On XXXX XXXX, Ditech sent me an email stating that my request is being reviewed for appropriate processing. Ditech also sent me a letter dated XXXX XXXX which confirmed receipt of my correspondence on XXXX XXXX, that they are fully investigating my inquiry, and that I could expect a written response within 30 days after they received my correspondence. 
At my third phone call on XXXX XXXX, " XXXX in XXXX, XXXX '' confirmed that my letter of XXXX XXXX was on file, and that Ditech had not processed my request to pay off my mortgage. I told her of my concern about being penalized with a late fee. XXXX said that would not happen as I was protected by my phone call on XXXX XXXX. I told her that Ditech 's delay in closing out my mortgage was causing a delay of my escrow balance refund. I asked to speak to a supervisor, but XXXX said there was nothing the supervisor could do. XXXX stated that nearly 30 days have passed since my request was made, and that it should be completed soon. 
I called Ditech on XXXX XXXX, 2016 in response to a voicemail. " XXXX XXXX XXXX, XXXX '' told me I was late with my payment. I attempted to tell her about my phone calls, emails, and letter. She repeatedly interrupted me. The multiple actions I took to get my mortgage paid did not matter to her. She had the nerve to tell me that this situation was my fault, and that my request to pay via the escrow funds could be denied. No prior individual I spoke to made such a statement. She refused my requests to speak to a supervisor. She demanded that I pay a late fee of {$28.00}. This individual spoke to me in an unprofessional and discourteous manner. She was hostile, adversarial, and unhelpful. 
On XXXX XXXX, 2016, via XXXX XXXX mail, I sent a payoff check to Ditech in the amount of {$120.00}. This included the principal balance of {$100.00} interest of {$0.00}, and the late fee of {$28.00}. On XXXX XXXX, I received an email from Ditech that the payment was applied. 
On XXXX XXXX, I received a letter ( dated XXXX XXXX ) informing me that Ditech was " in the process of reviewing my written request, and that their " research has not concluded ''. The letter also stated that Ditech was conducting an " ongoing investigation in an effort to provide you with a resolution ''. On XXXX XXXX, I received this same letter ( dated XXXX XXXX ). 
I entrusted Ditech to collect my mortgage via an automatic payment plan. Ditech failed to fulfill its obligation to me. Ditech failed to correct this situation, yet blamed me and penalized me. This is unacceptable.

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