Consumer complaint received 2016-06-13
Product: Mortgage — Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account — 
Company: Ditech Financial LLC (VA)

ditech is the servicer of my mortgage loan. 

On XXXX XXXX, 2016 I received a " Payoff Statement '' from ditech that showed a final payoff amount of {$240.00} to satisfy my mortgage loan. The amount is considered to be " good through '' XXXX XXXX, 2016, after which it will accrue {$0.00} interest per day. Payoff Statement is attached. 

For the past 2 months+, I have been trying to resolve this dispute related to my payoff amount with them, and it still is n't resolved. The above {$240.00} amount appears to be just late fees, since I had already paid off my loan 's principal balance on time, with applicable interest, back in XXXX. Separately, during this 2 month+ period, they have sent notices threatening to foreclose on my property for being in default of my loan. 

Based on my records, and ditech Billing Statements to me, there is no reason I should owe anything on my mortgage loan. Here is the activity on my account beginning with ditech 's XXXX XXXX, 2016 Billing Statement, which showed an amount due of {$950.00} XXXX {$940.00} Principal + {$3.00} Interest + {$0.00} Escrow ). This same Billing Statement also stated that : " If payment is received after XXXX/XXXX/2016, a {$120.00} late fee will be charged. '' On XXXX XXXX, I paid {$950.00} via electronic payment through XXXX XXXX XXXX. The {$950.00} amount was deducted from my XXXX XXXX account as of XXXX XXXX. The XXXX XXXX billing statement should have reflected a {$950.00} payment leaving a credit of XXXX cents. 

Instead, the XXXX XXXX Billing Statement shows that ditech received the {$950.00} ; but did not apply it to my payment due. I paid {$950.00} on time, and ditech received it ; it was deducted from my checking account but was not applied to my loan payment. As well as not applying the payment ditech received, they added a late fee of {$120.00} for a payment that they received on time. According to their customer service people, that electronic payment was n't applied because, depending on the customer service person, a ) it was n't a certified check or, b ) it was an underpayment. Nowhere on my XXXX XXXX Billing Statement or any subsequent statement was there any language stating I was to pay that amount as a certified check. Also, the amount paid was not an under-payment ; it was an over-payment. 

Since ditech received my on time payment of {$950.00}, on XXXX XXXX, against an amount due of {$950.00}, again, there should be no late fees of any kind applied to my account - in XXXX or any subsequent month. 

As I noted above, ditech has sent me a notice threatening to foreclose on my property. The tone of their notice is aggressive and disparaging. It says that if I do n't pay ditech {$1700.00} ( where did this amount come from??? ) by XXXX XXXX, ditech reserves the right to foreclose on my property. As of XXXX XXXX, my ditech account page on their website states that I owe {$7400.00}, with no explanation or detail. 

For the past 12 years I have faithfully made my mortgage loan payments and prepayments, and as of XXXX XXXX, had paid off my entire principal balance. To have received ditech 's notice of default, and knowing what 's behind that notice, appalls me. Their actions are shameful. 

I have tried to resolve this matter in good faith for over two months, including more than 9 customer service calls. The time and effort it is taking to resolve such a simple situation is frustrating as well as worrisome. While I struggle with this ongoing issue, ditech is proceeding to foreclose on my property. 

I have great concern that ditech 's behavior is n't intended to resolve my payoff amount dispute. It seems intended to extract much larger amounts out of me by stringing out the resolution process, sending wildly differing amounts owed to me, *AND* threatening to foreclose on my property -- even though I paid what I was asked to pay on time back in XXXX.