Consumer complaint received 2017-08-30
Company: Ditech Financial LLC
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I am requesting debt validation for a {$41000.00} charge off that is currently reported by Ditech to my credit report ( XXXX, XXXX and XXXX ) and associated with my property XXXX XXXX XXXX XXXX, XXXX XXXX, CO XXXX. I am also requesting that Ditech immediately discontinue attempts to update my credit report with the incorrect address XXXX XXXX XXXX, XXXX XXXX, CO XXXX and remove my ex-wife, XXXX XXXX, as a joint owner of this debt ( account XXXX ). Ditech is incorrectly reporting my ex-wife, XXXX XXXX, as a joint owner on this debt which is causing her information to erroneously appear on my XXXX/XXXX/XXXX credit reports. I have disputed this address numerous times with Ditech directly due to an identity theft case that has been reported and filed with the XXXX of XXXX, CA police ( attached ). I have also disputed this with XXXX, XXXX and XXXX but have failed to prevent Ditech from continuing to report the XXXX address, causing mail with personally identifying information ( Social Security Number ) to be directed to this address in error. 

Ditech has stated that they are the current owner of the {$41000.00} debt for account XXXX, purchased from XXXX XXXX XXXX XXXX/XXXX/XXXX. XXXX XXXX XXXX is the former lien holder/mortgage servicer of the 1st and 2nd mortgage to my property XXXX XXXX XXXX Place, XXXX XXXX, CO XXXX and is the only lien holder on record for this property. XXXX XXXX XXXX is a defunct unit of XXXX that forced many subprime loans to go into default, including the defaulted 2nd mortgage in question that has been purchased and reported to the ( 3 ) Credit Reporting Bureaus by Ditech ( formerly Green Tree ). XXXX successfully removed my ex-wife XXXX XXXX from her financial and legal obligation to repay either loan but failed to provide Ditech any documentation of the removal following the sale to Ditech on XXXX/XXXX/XXXX. XXXX XXXX XXXX has never reported the 2nd mortgage to my credit report nor my ex-wife 's credit report until the sale of the defaulted 2nd mortgage to Ditech on XXXX/XXXX/XXXX. Ditech began reporting to the credit bureaus against XXXX and I both in XXXX. 

XXXX XXXX is not on the title and 1st mortgage of XXXX XXXX XXXX XXXX. In fact, we have been divorced since XXXX and have not lived in the property together since XXXX. The reason the home went into default was because my ex-wife 's parents had a lease-to-own contract for XXXX XXXX XXXX XXXX  and failed to pay the 2nd mortgage with XXXX per agreement. The contracted ended and I moved back into the property in XXXX XXXX. XXXX refused to let me do a loan modification and hardship to cure the deficiency on the 2nd mortgage as they stated I needed to be in default prior to approval of the loan modification. My last payment with XXXX was XXXX XXXX when I applied for the loan modification. I called to find out my status, which was declined, but never received anything in writing stating my ability to appeal the rejection within 30 days. I contacted XXXX numerous times to have the letters resent as they were never received as XXXX confirmed over the phone. The loan was forced into default.I never received any letters of acceleration, missed payment, or default from XXXX. I never received anything in the mail regarding the sale of my 2nd mortgage to Ditech until Ditech sent its first notice in XXXX to a MA   address I was renting at. 

XXXX 's mortgage center in XXXX, FL was contacted on XXXX XXXX and XXXX XXXX XXXX regarding the loan serviced by Ditech. On XXXX XXXX, an agent for XXXX stated that notification letters regarding the rejected loan modification application, default and accelerated payment due to the default were mailed to XXXX XXXX XXXX XXXX. The agent proceeded to say that I was given " plenty of opportunity to work with XXXX on curing the deficiency '' because I had been granted a loan modification which allowed me to do so. This is false because a loan modification would require that I receive the necessary tax documents ( 1099 or 1098 form ) to file with the IRS for the XXXX tax year. On XXXX XXXX, the next agent I spoke with at XXXX regarding the loan could not see the loan modification documents or any documents related to the 2nd mortgage serviced by Ditech. The agent stated that Ditech is the owner of the defaulted 2nd mortgage purchased on XXXX/XXXX/XXXX, and that the letters I never received from XXXX regarding the default, declined loan modification, and acceleration were sent back to XXXX " Return to sender : not deliverable '' despite the address being correct ( XXXX XXXX XXXX XXXX, XXXX XXXX, Colorado XXXX ). The agent stated that Ditech purchased the loan and would have all the documents necessary to correct the credit reporting that Ditech is providing to XXXX/XXXX/XXXX against my credit report as well as my ex-wifes, XXXX XXXX. She recommended I follow up with Ditech as they would have all the documents to make my dispute. 

XXXXs negligence has caused irreversible damage to my credit report in their failure to provide Ditech with the appropriate documentation necessary for accurate credit reporting. As of XXXX XXXX, Ditech stated the only documentation they possess regarding XXXX is a loan application with my ex-wife XXXX XXXX name on it. A loan application is not enough to prove valid ownership of a loan. Ditech is unable to provide me with the documentation that would support XXXXs claims and provide me a resolution to correct the credit reporting against myself and my ex-wife XXXX XXXX. 

Ditechs inability to validate the debt due to lack of documentation destroys the property value of my home as XXXX can not remove a lien on a property that XXXX does not own. I can not sell or refinance my property as this issue clouds the clear title I would have to guarantee a new mortgagor or buyer of the property. Mail is being incorrectly forwarded to an address containing my social security number, which further compromises my financial integrity as a victim of identity theft. 

I demand that Ditech remove the debt from mine and XXXX XXXX credit reports entirely or remove XXXX so that my identity is no longer compromised by reporting the incorrect address.

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