Consumer complaint received 2018-10-31
Company: Ditech Financial LLC
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I have been trying to resolve my mortgage servicing issues with XXXX XXXX Bank, XXXX and now DiTech for the last few years. At this time I am facing foreclosure despite the fact that I am in a financial position to afford a reasonable payment. My home is encumbered by a XXXX loan backed by XXXX XXXX and I am aware of several programs that are available for homeowners in my situation. My issue is that DiTech is denying access to these programs and has not conducted a review of my current and correct financial information in order to determine eligibility. I went through a true hardship and missed two payments and immediately attempted to fix the problem. Since that time I have been mired in bureaucracy and have been unable to get the lender to work with me to resolve the matter. Through this process I have discovered serious inconsistencies in my paperwork and have not been given accurate information by the agents at my loan servicer. I am requesting that DiTech provide a full and accurate accounting of my payment history and application of funds in the escrow account. I also request proof that DiTech has entered into a pooling and servicing agreement with XXXX XXXX and that they have the legal authority to collect payments as well as initiate foreclosure proceedings against me. I am also requesting information regarding any type of " loss share ' agreement related to the failure of XXXX Bank and the transfer of my loan through the FDIC. 

I bought my home in XX/XX/XXXX and refinanced the following year through XXXX XXXX. I have worked as a XXXX for years and licensed XXXX  for 15 years, but in XX/XX/XXXX. I went through some financial issues and in order to reorganize my debt I filed a Chapter XXXX bankruptcy but pulled out 3 years later and resumed making regular mortgage payments to XXXX XX/XX/XXXXt. In that same time frame my sister went through a divorce and ended up moving in with me along with her twin boys. My business was still struggling and I had to help my family through this crisis and missed two payments. I called XXXX XXXX to explain and tried to make a payment but was told that they could not accept it and that I would need to reinstate all past due payments as well as late fees. I could not come up with the money at that time and asked them to consider some type of repayment plan or forbearance agreement since I was only two payments behind, but the agents were not helpful, in fact they were rude. I soon began being bombarded with harassing collection calls from XXXX XXXX and they were so frequent that I filed a complaint with the Federal Trade Commission to get them to stop. 

The loan was then transferred to XXXX and I requested a validation of the loan which took several months. I noticed significant inconsistencies and improprieties relating to ownership of the loan and the securitization of my loan and the asset after the failure of XXXX and the temporary ownership of the FDIC. After dealing with me XXXX offered to extend the term of my loan to address the late payments but the payment remained the same. Although appreciated, this did not address the improprieties and outright errors in the calculation of the escrow account balance and the application of past payments. Additionally, any modification or forbearance agreement should take into consideration my financial hardships in order to offer a more affordable payment. 

Since the loan has been transferred to DiTech I have repeatedly requested that a full and transparent review be conducted of my current and correct financial information. However, I have run into roadblocks and been put into foreclosure. As a servicer of a XXXX XXXX/XXXX  backed loan this company is REQUIRED to conduct a review of my current financial information in order to determine homeowner assistance options. I feel that Di Tech has intentionally obstructed this process.

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