Massachusetts Property Owner and Active Military Vet had Mortgage Discharged Now Ditech says it’s still DUE

Massachusetts Property Owner and Active Military Vet had Mortgage Discharged Now Ditech says it’s still DUE!

I’m LIVID!  I’m beyond LIVID!!! I want everyone to understand what a servicer seems to be able to do in this country.  First, we all make mistakes.  I get that.  In short sales, we see mistakes all the time, but you know what we do?  We correct them.  We apologize and make it right.  I certainly think my Active Military Homeowner, should get the same treatment, but no.  Second, this whole transaction has completely opened my eyes as to how useless complaining to an entity that is supposed to help the consumer seems to be.  I have complained to the Consumer Finance Protection Bureau (which in all honesty has been slipping for the past 3 years – it’s almost worthless to complain to them) – The AG’s office – through their complaint area and then DIRECTLY to Maura Healey, and also to the Division of Banking, which initially didn’t even read the complaint because their response made no sense, then they very abruptly yelled at me and said they don’t take complaints on behalf of a third party, yet have a third party area you can fill in on their complaint form, but then I complained to the Commissioner himself. Terence McGinnis.  Let me tell you, this was yesterday, and so far a BIG FAT NOTHING from any of them.

Lastly I faxed the complaint to Elizabeth Warren’s office.  Nothing, zip, nada, zilch, – WHY BOTHER?!?!?!

What’s the point?  The point having these agencies to help the small consumer if no one responds or helps.  When I spoke to Maura Healey’s rep, this was his response:

From: Maryann Little
Sent: Monday, September 24, 2018 12:38 PM
To: Name removed for privacy
Subject: RE: Assignment of file

Hey XXX,  XXX indicated it takes two weeks to assign.  Is that not true?
——

From: XXXXXX
Sent: Monday, September 24, 2018 1:36 PM
To: Maryann Little
Subject: RE: Assignment of file

Maryann-

 

It can take two weeks, but then again that can really vary depending on how many cases we have and how urgent some of the complaints are. Cases with scheduled foreclosure dates, for example, are assigned almost immediately and the number of cases we receive with scheduled foreclosure dates can affect how quickly the other cases get assigned.

 

Does this homeowner have a scheduled foreclosure date? I didn’t see any indication that there was one scheduled.

 

XXXXXX

——————-

From: Maryann Little
Sent: Friday, October 5, 2018 2:54 PM
To: ‘XXXX
Subject: RE: Assignment of file

Hi , I’m still waiting for someone to be assigned to the complaint I filed for XXX Pawtucket BLVD Lowell –  XXXXXXXX (active military) In the interim I filed a CFBP complaint.  Ditech forgave his loan in 2016, and this obviously affects his taxes in a big way.  Then they just sent this:
It was a mistake.  We tried to notify homeowner for two years.

Please let me know when someone will be assigned.

Warmest regards,

Maryann Little, VP Short Sale Mitigation
——–

From: Maryann Little
Sent: Friday, October 12, 2018 10:36 AM
To:XXXXXXXXXXXXXX
Subject: FW: Assignment of file
Importance: High

Hi XXXXXX,

I realize the AG’s office assigns these file by urgency, but Mr. XXXX is now in a situation where he has short sale approval with the first lien holder to close on his home and because of the undischarged mortgage can’t.  Is there any way you can expedite this file getting assigned to someone at the AG’s office?

Warmest regards,

Maryann Little, VP Short Sale Mitigation
Short Sale Mitigation, LLC
AA Premier Properties, LLC
500 West Cummings Park (Mail goes to our PO Box 585, Plaistow, NH address)
Suite 2400
Woburn, MA 01801
Direct phone line  9 7 8 –  3 8 4 –  0 0 3 2
Our private fax line 6 0 3  – 5 0 5  – 4 6 4 2

——————
10-16-2018

Maryann-

I just looked at the record and it looks like it was determined that the homeowner needs an attorney for this issue. There is a letter on file that appears to have been sent to you and was sent to 500 West Cummings Park in Woburn. Did you receive that?


I pretty much left it at that point.

No I never received it.  Also, if my homeowner had the means to get an attorney, wouldn’t he have done that in the first place?   Isn’t that what the Attorney General’s office is FOR?
“The Massachusetts Attorney General’s Office is an advocate and resource for the people of Massachusetts in many ways, including protecting consumers, combating fraud and corruption, investigating and prosecuting crime, and protecting the environment, workers, and civil rights.”

I am so angry at this. Why is no one helping this man who had his mortgage DISCHARGED in 2016, but the servicer never recorded the discharge.

Ditech’s response?  Oh we made an error and tried for over two years to get in touch with the borrowers.  Both my borrowers say they have NEVER been contacted by Ditech.

Yesterday, I sent a letter to all of them including Elizabeth Warren

Here is a draft of the letter I sent:

Dear Maura, Joel, and Terence,

I write to you today with concern over a client I’m advocating for who is actively serving in our military and went to sell his house in Lowell Massachusetts only to find a mortgage on title that he had  discharge paperwork for in 2016.  XXXXXX and XXXXX have run into financial issues.  XXXXX is now actively serving on a base in New Jersey.  He and XXXXX are upside down with their mortgage.  Facing foreclosure for him would cause duress as foreclosures can threaten security clearance.  He did the right thing and attempted a short sale.  When title was pulled, a second mortgage appeared that had been discharged in 2016, so this mortgage was not negotiated.  We attempted to get the discharge finally recorded from Ditech and were told – They made a mistake and the entire balance is still due – however, at no point did Ditech reach out to Sonya or Will to notify them of this.  Both of them paid TAXES on the discharged debt and went on with their lives.   Only until they went to sell their property, did they run into an issue.

I want to let you know I reached out separately to the AG’s office, CFPB, and DOB only to receive no help or substandard assistance.  When we complained to the DOB, initially I was told I could not speak on XXXX’s behalf, even though Terence, on your intake form there is a place for a third party to be listed.  Eventually XXXXX did file the complaint himself, and still has not received a response as to why a mortgage that should have been discharged in February 2017 was still on title (Lenders have 45 days to record a discharge after debt has been settled in Massachusetts – that never happened).

Maura I went to the AG’s office and waited over two weeks for it to be assigned.  It was never assigned.  I wrote in to one of your attorneys who said a letter was mailed to my office that Will needed an attorney.  We came to the AG’s office because Mr. XXXXX does not have money for representation.   I have always had excellent results with your office, and was shocked by this response.

Joel, I filed TWO complaints with the CFPB.  One immediately was sent back to us via Ditech that we were not authorized on the account which of course we were because we already had communication from them.  We filed a second complaint and included our authorization only to be told, they made a mistake???? No one actually looked at the complaint, but merely got a response from the company and closed the complaint, whether Ditech’s response was right or wrong, didn’t seem to matter.

This mistake has cost both XXX and XXX taxes, time and now we have short sale approval from their primary bank and Ditech will not record the discharge that should have been done last February, so they are threatening his current sale.

I understand each of your entities receive MULTIPLE complaints a day, and you field thousands of consumer grievances, however it seems as if because of that no one is taking time to look at these issues.  I’ve been asked by Mr. XXX to  bring this to all of your attentions one last time and see what, if any recourse he has here?  Is this it?  Can a bank just say, hey we made a mistake and you owe us thousands of dollars because of OUR ERROR.  The sheer fact that Mr. XXX is serving his country should be of some merit to Ditech to possibly do the right thing and just record the discharge.

My apologies for a lengthy letter, however it is very important to me that all of the facts about the issue are fully understood.  I wish not to complicate your day, but do need someone to actually help Mr. XXX.  Is it ok for a servicer to discharge a mortgage and then not record it?  Then say it was all a mistake?  This doesn’t seem right on any level.

I do appreciate all of your time in this matter.

Warmest regards,

Maryann Little, VP Short Sale Mitigation
Short Sale Mitigation, LLC
AA Premier Properties, LLC
500 West Cummings Park (Mail goes to our PO Box 585, Plaistow, NH address)
Suite 2400
Woburn, MA 01801

So far, not sure if anyone will help, but we will keep pursuing the recording of this discharge as much as we can.

Thanks for listening and PLEASE SHARE!!!!

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