Loan modification,collection,foreclosure

Posted on Posted in Complaints, Mortgage

review

Ditech, through acquisition of Greentree, was assigned as the servicing agent on my mortgage, which is backed by XXXX. XXXX XXXX XXXX, through acquisition of XXXX, was the servicing agent prior. Requests through XXXX / XXXX XXXX XXXX were processed in a timely manner with typically no issues, including cosigning checks from XXXX XXXX cleanup. Ditech / Greentree, however, has made numerous mistakes on processing requests ; takes, at a minimum, 30 days to make any decision ( including whether or not to call a point of contact at XXXX that has requested them to call ) ; and, even refused to cosign the lone remaining check from XXXX XXXX cleanup, which I had to return to the insurance company, and forego needed repairs on the property. Some extreme examples of failure include : 1. In XXXX, I submitted a short sale offer on the house and land that are secured by the mortgage for $ XXXX less than the $ XXXX owed on the house at the time. Due to post-XXXX conditions, this offer was approximately $ XXXX above the current market value based on price comparisons from over XXXX similar houses that had recently sold in the area. Greentree requested an appraisal for the wrong house – a house next door to the house secured by the mortgage – that was in the final stages of repair from the flood, which, of course, would have a much higher value. They used this false valuation to submit to XXXX, which resulted in my short sale being rejected, even after I notified them that they had appraised the wrong house. Two subsequent short sale offers were rejected based on the same false valuation.
2. In XXXX XXXX, I received an offer on a lot that is adjacent to the house and land secured by this mortgage. During the sales process, we discovered that the title company had incorrectly filed a lien from the mortgage on both properties by using the wrong legal description from a joint survey of both properties ( the city recognizes the two separate lots as a single address because they have the same owner, even though they are separate properties with separate tax bills, so there are two legal descriptions for the property that is secured by the loan. ) We notified Greentree of the issue, and requested that they sign a county-provided form to change the legal description that was filed with the mortgage to that which was stated in the mortgage Security Instrument. The mortgage Security Instrument clearly lists the legal description of the single lot in the ” Rights of Property Transferred ” section. Greentree refused to sign this, and stated we needed to handle as a partial release of mortgage. We submitted this per their request in XXXX XXXX, and they rejected the request in XXXX XXXX. We challenged their rejection to XXXX, and received an email from XXXX that this should not be handled as a partial release of mortgage because it was a title defect caused by an origination error that should be corrected as we had originally requested – changing the legal description. Greentree refused to act on Fannie Mae ‘s guidance, so I submitted a complaint to the XXXX Ombudsman, who listened to both sides from XXXX XXXX until their decision in XXXX XXXX, which said that Greentree had 30 days to resolve the title defect. The point of contact in that group has requested a 3-way call between Ditech and me, but Ditech refuses. I submitted formal requests to their customer service, which referred me to legal ; to their legal, which then deferred me back to customer service … just to have a phone call, and each request takes 30 days for them to make a decision on whether or not to talk to someone at XXXX enforcement.
How is this legal? Ditech is a servicing agent for XXXX, and my mortgage is being mishandled. Please help!

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