Consumer complaint received 2016-03-03
Company: Ditech Financial LLC
State: VT
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
We have XXXX mortgages with Greentree Servicing now Ditech Financial. My wife and I fell behind with payments on XXXX of our rental properties due to lost wages and income. The first property we 'll call Building A and the second, building B. The foreclosures started for XXXX properties in XXXX XXXX. Since then, we have tried to work with Greentree/Ditech but they are not very helpful and are consistently rude. In addition to poor customer service, they continue to break the law by breaking into Building A. We have since brought Building A out of foreclosure as the bill was paid in XXXX XXXX. 

Our problem with Ditech is that they keep hiring companies like XXXX XXXX 's ( a preservation company ) to break into Building A. We are currently only 30 days behind and this house IS NOT IN FORECLOSURE. They have done this 3 times without a Writ of Possession which is required by Vermont XXXX XXXX. The other property ( Building B ) is still in Foreclosure as we are trying to raise the funds. 

XXXX XXXX and Ditech broke the law on XXXX XXXX, XXXX when they forced entry into our property ( Building A ) which is rented commercially. They left notices in the building broke several locks by using power tools and left the property damaged and unsecured which ironically their paperwork said it was the " initial secure. '' When in fact, they never secured anything, the doors were left without locks and doors wide open. Remember, this is rented commercially with business inventory inside. On XXXX XXXX, XXXX we reported this incident to our local Sheriff 's Dept. A Deputy responded to the call. 

On XXXX XXXX XXXX, XXXX forced entry into the building again resulting in more locks destroyed. The sheriff 's Dept was called again. XXXX XXXX was the officer who returned our call. He informed us that the state 's attorney was notified and XXXX XXXX also called XXXX and the Ditech 's attorney. 

During this time, this property was scheduled for an auction sale on XXXX XXXX, XXXX. We were trying to get a total figure from the bank for over two weeks as we believed we had the total amount due. We contacted Greentree/Ditech several times asking for a balance due. We also contacted the Ditech 's attorney several time with no response. Everyone at Greentree said contact the attorney, the attorney said to contact Greentree. We were getting the total runaround. Remember the sale was set for XXXX XXXX, XXXX Because we were n't getting anywhere and we believed we had enough money, I submitted a REQUEST FOR MOTION TO CANCEL FORECLOSURE SALE on XXXX XXXX, XXXX. Well, what do you know, the plaintiff 's attorney finally responded and said the sale was cancelled and there will now be a hearing unless we pay and agree to file a motion to cancel the hearing. 

So, now we are left with trying to bring the other house current ( Building B ) but with the frustrations of the bank contracting people to break into an occupied building ( Building A ) they have left us no choice but to shine some light on this company 's practices of threatening intimidation and deceit. 

We have never been compensated for our lost time from work, damages to the property and locks destroyed. It seems to me that Ditech wanted to have an auction sale on the property without giving us the opportunity to bring the loan current. 

We have police records of these break-ins and we are starting a suit against the company. Greentree 's purpose was to help people keep their property, not undermine consumers efforts to make good on their commitments.

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