Complaint #1607882 submitted on 10/15/2015 relating to Ditech Financial LLC. Complaint relates to Mortgage Conventional fixed mortgage - Loan modification,collection,foreclosure .
Complaint was submitted via Web and sent to the company on Thursday 15th October 2015.
We have been corresponding by certified mail with Green Tree in regards to Green Tree Account # XXXX. We were not unable to pay, we just needed verification from Green Tree of lawful right to collect on debt and so as of XXXX, 2014 payments were held on the account until the dispute is resolved. Green Tree never stopped collection activities the entire time even though we were in dispute. Since XXXX 2014, I have sent close to XXXX Qualified Written Requests to Green Tree CEO, President and Customer Service Representatives by certified mail asking for valid documentation that I may verify they have the lawful right to collect a debt from me. Attached Exhibit A are some of the letters asking for valid chain of title, certified copy of endorsed original note, etc., to prove that they are holder in due course and a party of interest. We tried to solve this administratively through letters and Affidavit of Truth requiring Green Tree to provide the documentation to verify their claim. They never answered any of our Affidavits or provided us with the necessary documentation that would verify their claim.
The President and/or CEO never responded. The Customer Service Representatives sent many letters, and other papers, but did not provide to me verifiable proof ; never provided any legal debt verification. All of their correspondence indicated they were sending me proof but that they were not going to provide what I asked for. A certified copy of the original document was never provided to me. Since I was not given opportunity to inspect the original note as provided in the Uniform Commercial Code, they have not shown me valid beneficial interest or standing to foreclose. They sent a barely readable photocopy of a note. GreenTree was not a party on the note, and there was no endorsement and No loan funding detail records were provided that would prove I ever received any money or loan.
Green Tree was collecting payments two months before they were " assigned '' the loan from XXXX XXXX XXXX.
Green Tree admitted that they are a XXXX party collector, only " servicing '' the loan for XXXX and never purchased, owned, or held any interest in the note ; that a deed of trust was assigned to them ( which bifurcated the note and deed, rendering the deed unenforceable as a security instrument ) Since Green Tree was collecting, Green Tree should provide the documentation which was requested in all of the several verified written requests we sent and they received by certified mail.
Green Tree has foreclosed on our property without proof of claim or due process of law and while we are still in dispute. They foreclosed non judicially, without a court order, depriving us of due process and our right to defend in court and our right to verify their claim. Our property was " sold '' at an " auction '' and a deed was recorded at XXXX XXXX with no notification or proof that there was ever a sale or that they had the right to sell at all. Other than the courtesy notice sent to us by XXXX XXXX recorders office, and our tenant renting the house telling us she was threatened with an eviction, we the owners of the property were never notified of the sale.
Additionally, we being the Grantors, did not authorize a change of Trustee but it was changed to XXXX XXXX XXXX. XXXX XXXX XXXX have been notified of the dispute and the fact that Green Tree has been in dishonor, violating state and federal laws but XXXX still proceeded to administer a Trustee sale and granted, even though they 're not the Grantor, and sold the property to XXXX, alleged owner of the loan for amount of the balance of XXXX which apparently was paid to themselves. There is no record that XXXX loaned us money and no record that XXXX purchased the alleged note.
| Company | Ditech Financial LLC |
| Complaint ID | 1607882 |
| Date Received | 10/15/2015 |
| Product | Mortgage Conventional fixed mortgage |
| Issue | Loan modification,collection,foreclosure |
| State/ZIP Code | TX 773XX |
| Consumer Consent | Consent provided |
| Company Public Response | Company believes it acted appropriately as authorized by contract or law |
| Company Response To Customer | Closed with explanation |
| Submitted | Web 10/15/2015 |
| Result | Timely Response: Yes, Consumer Disputed: Yes |
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