Consumer complaint received 2016-10-07
Company: Ditech Financial LLC
State: OH
Product: Mortgage
Sub-product: FHA mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
During the financial crisis in XXXX I filed a chapter XXXX bankruptcy. XXXX XXXX, XXXX XXXX agreed to a reaffirmation to lower the mortgage payment and amount. This was signed and confirmed by the bankruptcy court and entered of record. I began paying XXXX as per the agreement. I received monthly statements showing the wrong amount due. I paid the modified payment to XXXX and notified them of the error in writing " OWR '' by fax to there bankruptcy department XXXX. XXXX after I made the new payment started listing on the monthly bill a rolled over amount from the previous monthly statement. I contacted XXXX again with a letter OWR with no results. XXXX my bankruptcy was closed and my confirmed payment plan started. XXXX proceeded with sending monthly statements for the wrong amounts until the servicing rights were transferred. On XXXX XXXX, XXXX I received from green tree a letter of loan transfer. This notice listed the original loan payment due and the original loam amount of the mortgage also now with a escrow account showing a negative balance. I contacted green tree about the discrepancies and the loan amount. greetree 's records showed I was still in an active bankruptcy and I was being represented by counsel this was not accurate. I was directed by greetree to write a letter stating that I was not represented by a attorney so that I could talk to my account representative. I wrote the letter but again was denied the ability to explain what was going on. The monthly bill statements that I started receiving from greentree were now listing a larger monthly payment due on the loan and the original loan amount not the reaffirmed amount as the principle balance of the loan. The statements were also now including a deferred P & I balance owed that was the exact amount of the write off in the bankruptcy reaffirmation agreement. I decided to stop payments to force them into a review of the loan but never got a response. I received in the mail on XXXX XXXX, XXXX a notice that I was denied a loan modification that I never applied for. On XXXX XXXX, XXXX I received a notice that green tree had purchased an insurance policy for this property. I had insurance on the property with the same company now for six years straight sent over a copy of the policy and have got no confirmation receipt. XXXX XXXX I received a letter from a law firm that was contracted to foreclosure on my property for green tree and now they have initiated a suit. Note if my property was still under a chapter XXXX bankruptcy like I was being informed by greentree the law firm would of had to ask the bankruptcy court for a relief of stay. I have never been informed of a relief by the courts. I contacted my lawyer and filed an answer to the alleged complaint. This law suit was started by green tree and then servicing rights was transferred over to ditech. On XXXX XXXX, XXXX I received a letter from XXXX informing me that XXXX had purchased my mortgage on XXXX XXXX, XXXX XXXX was the old investor. The lawyer for green tree did not stop the foreclosure motion even with the mortgage being sold to a new investor in XXXX XXXX. The lawyer continued in XXXX and XXXX filing documents to execute the sale of my property for their client XXXX. Greentree the loan servicer was no longer servicing the mortgage at this time. In XXXX XXXX I was contacted by XXXX mortgage the new loan service company for the new investor XXXX XXXX 's files showed me still in a active bankruptcy and they have no record of this foreclosure in the file as of XXXX XXXX, XXXX. I believe that my loan was sold though the NPL sales in XXXX XXXX " NPL '' meaning non- performing loan sales are regulated so that the investor of these loans must follow procedures for Modification requirements and loss mitigation waterfall requirements are to be implemented with such as a short sale, deed in lieu by CFPB.

Company public response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
Company response to consumer: Closed with explanation