Loan servicing, payments, escrow account

Posted on Posted in Complaints, Mortgage

review

In short, my spouse and I filed for Chapter XXXX bankruptcy protection in XX/XX/XXXX. In XXXX XXXX, our trustee filed a ” Notice of Completion of Chapter XXXX Plan Payments to Trustee ” and served it to us, our attorney of record, other secured creditors and to the law firm representing our mortgage servicer, Greentree Financial dba Ditech which was transferred from XXXX XXXX XXXX XXXX XXXX in XXXX XXXX. Approximately 30 days later, Ditech ‘s attorney provided a response to the Trustee and our bankruptcy attorney indicating while they confirmed receipt of the Trustee payments, the debtors, meaning my husband and I, were allegedly delinquent in our mortgage payments by XXXX {$36000.00} which equates to approximately 24 months of past due mortgage payments ( that documentation has been attached to this complaint ). Documentation provided to substantiate their claim has been inconsistent, incomprehensible and ambiguous at best ( that documentation has been attached to this complaint ). You should know that the first time we were notified about a gap in payments is when a law firm representing XXXX XXXX XXXX sent an intent to file for a motion for relief to our attorney in XX/XX/XXXX. We challenged them by requesting a copy of our pay history and upon receipt we learned that XXXX XXXX XXXX was posting post petition payments to pre-petition shortages ( the months included in their proof of claim ) erroneously. Once our attorney challenged their findings by providing the XXXX pay history documentation to XXXX XXXX XXXX ‘s attorneys, we never heard from that firm again ( that documentation has been attached to this complaint ). When my husband ‘s employment was impacted, being proactive and accountable, we applied for loss mitigation assistance with XXXX Home Loans and were pre-qualified for a HAMP loan modification program ( documentation has been attached ). After we completed the trial payment plan, we opted out and raised objections about the terms and conditions ( documentation attached ). Those inquiries were never answered. What we ‘ve experienced has been overwhelming to say the least! We ‘re distressed and infuriated because verbal and written requests for information have gone unanswered and our attorney ‘s efforts to obtain specifics have been to no avail. Our discharge hearing has been postponed twice because we ‘ve been challenging them. It ‘s been rescheduled for Thursday, XXXX XXXX XXXX. We need help with holding XXXX XXXX XXXX, Greentree and Ditech accountable as we fear we ‘re being victimized and at risk for foreclosure. We want now what we wanted then and that is — – irrefutable evidence of our past due status and transparent, legitimate documentation supporting how our payments have been applied and why if we missed that many payments, the bank failed to exercise their right to repossess? Thanking the CFPB in advance for your immediate attention to this matter.

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