Loan servicing, payments, escrow account

Posted on Posted in Complaints, Mortgage

review

My husband & I applied for a XXXX Loan Modification that was approved in XXXX XXXX with XXXX XXXX XXXX. In XXXX XXXX we had trouble making the monthly payment due to a 2 week lag in pay due to a change in my job. We made a pmt of {$750.00} towards my {$1900.00} pmt by the beginning of XXXX to show good faith. Yet we received a Notice of Intention to Foreclose by XXXX XXXX. Then we made another partial pmt and again received a Notice of Intent to Foreclose the following month with ‘legal fee ‘ of almost {$1000.00} added on. I contacted XXXX almost daily trying to find a way to bring the acct. current but I was told the total amount due including the legal fees were required and they would n’t stop the foreclosure process until we paid the full amount including the attached new legal fees. Then they told me they WOULD NOT accept any partial pmts ; this all happened in a 3 month period. Frantic, we borrowed the money from my grandmother & paid the entire amount XXXX demanded. We were very upset at the time that after missing a partial pmt in XXXX, that XXXX would start foreclosure the following month and add on legal fees so quickly but, we felt completely helpless and at the mercy of XXXX. We can admit when wrong and we were wrong by making only the partial payment late but we were trying to make every effort to become current right away and we were trying to make partial payments to show good faith. Once the legal fees were attached, it was becoming impossible to catch up. I will remind you this all took place within a 2-3 months while we were still trying to making partial pmts. Anyway, once we borrowed the money to bring the acct current, we decided to put the whole disaster behind us.
My problem now and questions are …. In XXXX XXXX sold our mortgage to Greentree XXXX Ditech. We received a letter from Greentree in XXXX XXXX informing us were eligible for the Pay for Performance incentive under XXXX. but then in XXXX XXXX Ditech sent a letter stating after an audit of our account we are actually ineligible for any of the incentives because XXXX told them we were 90+ days late back in XXXX. Ditech has now reversed XXXX credits we ‘ve already received from a different incentive adding {$2000.00} to our principal balance and we are n’t eligible for the {$5000.00} credit as well now. I have done some research and understand the incentive to be ineligible if : The borrower misses XXXX consecutive payments following the executions of the XXXX modification. ( That is, XXXX monthly payments are due and un-paid on the last day of the third month ) the, I would be considered ineligible for any of the incentives. We feel like we are being given the run-around and no one will give us straight answers. We were never 90 days pat due with XXXX in XXXX and we feel they were starting foreclosure proceeding very prematurely!!! Can you help?

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