Consumer complaint received 2016-05-25
Company: Ditech Financial LLC
State: LA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
To whom this may concern, my name is XXXX XXXX. My husband & I have a home in XXXX XXXX, La. We are terrified that our mortgage servicer, Ditech is forcing our mortgage into foreclosure without giving us an opportunity to avoid foreclosure. They have issued a sale date of XXXX XXXX, XXXX. We have done everything we know to do to avoid this from happening but Ditech insists on taking this into foreclosure because of our substantial equity position. We owe approx. XXXX and our home is currently valued at around XXXX. 

My husband has some XXXX illnesses which, at this time, the doctors are unable to diagnose exactly what is wrong with him. His XXXX is XXXX at this time and compounded with the XXXX of losing our home is putting his health and our family in feelings of hopelessness. 

Since we got the loan in XXXX, this mortgage has been bought, sold, transferred, mishandled, mismanaged and now steered into foreclosure by Ditech for no other reason than greed and intentional manipulation of documentation submitted over & over by us. 

The loan was originated by XXXX, XXXX XXXX XXXX ; their CEO still sits in a federal prison. It was transferred to XXXX XXXX, and although appearing to be defunct, The name " XXXX XXXX XXXX '' still appears on the monthly statement from Ditech. Different sheep 's clothing it appears. From XXXX. XXXX XXXX to XXXX to Greentree to Ditech, that 's where this debacle continues. 

We have been harassed and verbally abused by XXXX XXXX, Greentree and now Ditech. Fair Debt Collection Practices Act FDCPA 806, Harassment or abuse 15 U.S.C. 1692d - Ditech has been very rude and somewhat threatening when communicating with me regarding my mortgage. I do n't understand why Ditech feels the need to talk down to me or treat me so poorly. They treat me like a deadbeat and have no sympathy towards our hardship. 

We have sent in numerous modification packages to Ditech only to be told they did not receive or that the packages were incomplete. Violation of The Real Estate Settlement Procedures Act ( Regulation X ) 1024.41 Loss mitigation procedures. The Consumer Financial Protection Bureau established rules to " protect mortgage borrowers from costly surprises and runarounds by their servicers. '' Why ca n't they keep our paperwork straight? 1024.41 ( b ) Receipt of Loss Mitigation application - " A servicer shall exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application. '' 1024.41 ( b ) ( 2 ) ( B ) " Notify the borrower in writing within 5 days after receiving the loss mitigation application that the servicer acknowledges receipt of the loss mitigation application and that the servicer has determined that the loss mitigation application is either complete or incomplete. '' The last time we were denied Ditech told us that the reason for denial was because of lost paperwork but they 're the ones who lost it. We have been shuffled around to different account mgrs. and now we find out that they have issued a sale date while we were still in the modification process. 1024.41 ( g ) Dual Tracking is prohibited. " Servicers can not start a foreclosure proceeding if a borrower has already submitted a complete application for a loan modification or other alternative to foreclosure. 

The original loan was {$50000.00}. and now the balance is {$56000.00}, 11 years later. 

1024.39 Early intervention requirements for certain borrowers - I do n't feel that Ditech has ever provided me with a " Fair Review Process '' for a modification, as required under the Dodd-Frank Wall Street Reform & Consumer Protection Act. 

We need someone to step in, contact Ditech and intervene in this obvious attempt to foreclose on our home that we love. 

Please help us, XXXX XXXX XXXX XXXX XXXX XXXX, La

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