19-10412-jlg doc 2752 filed 07/31/20 entered 08/05/20 14

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK __________________________________________x

) IN re: ) Chapter 11

) DITECH HOLDING CORPORATION, et al, ) Case no. 19-10412 (JLG)

) Debtors. ) (Jointly Administered)

__________________________________________

My Claim Number is 60280 and in the amount of $2,372.42. Documentation to support this information is attached. My name is Jane Wiedeman, 9030 Mossy Oak Lane, Clermont, Florida 34711, and I am sending this because I would like my claim to be reconsidered for payment. This began with 3 months of missing escrow payments that was never deposited in my escrow account. I did not file earlier because at the time I had filed a complaint with the Florida Office of Financial Regulations and the supervisor recommended I not file due to the fact she felt Ditech would correct the escrow and my account would be corrected.

In September of 2017 I was in the path of the hurricane. Ditech offered disaster relief and I had a five month forbearance and when I contacted Ditech I was informed I had to escrow $383.80 beginning April due to the loan modification. I had not escrowed over 15 years since I owned my home since 1994 and had so much equity. I began to escrow every month and received the loan modification paperwork in July which reflected $1,593.63 added to the principle which was the cost of the forbearance. In September of 2018 I noticed 3 months of escrow (April, May, and June of 2018) was not credited in my account. What I thought would be an easy fix turned into a nightmare.

After months of phone calls, emails, and message communications on the web site Ditech kept giving me the run around and unfulfilled promises to call me back and emails that stated a result of the dispute would come in 30 days, nothing was done and they never got back to me I would have to reach out to them again and get the run around again. This is escrow, my money, not to be comingled and it was not in escrow and not applied as a principle reduction. In March of 2019 I filed a complaint with the Florida Office of Financial Regulations case #94897. In July of 2019 I had to file a new complaint #96396 since my loan was transferred to Loancare.

I have never missed a payment or late making a payment. I made my last escrow payment to Ditech February 2019 (I had contacted Ditech several times in the months before and told them when I pay into escrow what Ditech paid in my taxes and insurance for 2018 I would not send escrow until the escrow dispute was settled). Every month after I paid my P & I of $737.02 never late. Prior to Ditech transferring my loan to Loancare, they took P & I payments and put them in escrow to cover the escrow shortage of the money they stole, this means they not only stole money once, but twice and I was sent to Loancare showing 2 monthly mortgage payments missing when I have never missed a mortgage payment in my life. In September of 2019 I paid almost $6,000.00 to Loancare to correct my account for the missing payments and to get my escrow up to date. Again, I never missed a mortgage payment.

19-10412-jlg Doc 2752 Filed 07/31/20 Entered 08/05/20 14:22:52 Main Document Pg 1 of 40

I will be 65 years old in 2 months and am a divorced woman on a very low income, I cannot afford this. I have never paid a late fee or finance charge in my life (except mortgage). My credit score was in the high 800's and lost over 100 points and the Loancare creditors called me regularly. I live within my means but this Ditech nightmare has lost me many nights sleep and hours and hours on the phone fighting for my money. Please help and make this right. I missed 5 monthly payments of $737.02 accepting a forbearance which would be $3,685.10, and the cost to me was a modification cost and stolen money of $4,326.05.....I wish I never would have accepted the forbearance. When the pandemic hit and Loancare offered a forbearance to me I deleted that email so fast......never again.

Attached is supporting documentation.

Dated July 31, 2020

Jane Wiedeman 9030 Mossy Oak Lane Clermont, Florida 34711 (352) 449-9311 [email protected]


www.flofr.com November 01, 2019 MS. JANE WIEDEMAN 9030 MOSSY OAK LANE CLERMONT, FL 34711 Re: Complaint Activity Number: 96396 Entity/Company: LOANCARE, LLC Dear Ms. Jane Wiedeman: The Office of Financial Regulation (OFR) has completed its review of your complaint. The above-referenced entity’s response to your complaint is attached for your review. At this time, OFR is closing your complaint. In determining whether to initiate an examination, OFR considers a myriad of factors, including the nature of the conduct, the consumer injury at issue, other consumers that may be affected, and the likelihood of deterring future unlawful conduct. OFR appreciates you bringing this matter to our attention. The information that you provided will be used as part of a method of identifying firms and individuals for further examination and review. All information will be retained for future reference. Many enforcement actions taken by OFR have been the result of an examination initiated as a result of a customer complaint. Thank you for your patience and cooperation throughout our review process. Sincerely, Jesse Liu Financial Examiner Analyst/Supervisor Division of Consumer Finance Bureau of Enforcement 200 East Gaines Street Tallahassee, FL 32399-0376 E-mail address: [email protected] Phone number: (850) 410-9742 Facsimile number (850) 410-9914


loancareservicing.com | 800.274.6600

3637 Sentara Way | Virginia Beach, VA 23452

July 31, 2019 Jeff Crutchfield 200 East Gaines Street Tallahassee, FL 32399 Re: Jane Wiedeman 9030 Mossy Oak Lane Clearmont, FL 34711

Loan Number XXXXXX8049 Dear Mr. Crutchfield: We recently received your letter dated July 10, 2019 concerning a complaint submitted by Jane Wiedeman. As the sub-servicer of their loan, we thank you for bringing this matter to our attention. Below please find detailed research into the issues raised in the complaint. Our records indicate the subserving of Mrs. Wiedeman’s mortgage loan was transferred to LoanCare on June 1, 2019. Prior to her mortgage loan being transferred, Mrs. Wiedeman agreed to a loan modification which restructured her mortgage loan to include a principal and interest payment of $735.89, and an initial escrow amount of $383.80. These payments were to begin July 1, 2018, for a total monthly payment of $1,119.69. Please find enclosed a copy of the aforementioned modification for your records. Subsequently, an escrow analysis was performed on December 18, 2018 by Mrs. Wiedeman’s prior servicer. The analysis resulted in an escrow shortage in the amount of $2,106.09. Escrow overages or shortages are calculated based on the lowest projected balance of the escrow account in a 12-month span. During the 12-month span, Mrs. Wiedeman’s prior servicer projected her escrow balance each month based on the anticipated disbursements. During this 12-month period, her escrow account should be reduced to 1/6 of the total anticipated tax and hazard disbursements. When her previous servicer reviewed her projected balances, they look at the lowest her escrow balance is projected to be. If, at its lowest point the balance is more than 1/6 of the anticipated disbursements, the overage is sent to Mrs. Wiedeman. If the projected balance is less than 1/6 of the anticipated disbursements, this creates an escrow shortage. For Mrs. Wiedeman’s loan, the total disbursements for taxes and insurance is $4,110.04. This means the lowest her escrow balance should go is $342.50. Currently, Mrs. Wiedeman’s escrow account has a shortage of $2,106.09. Below is a breakdown of Mrs. Wiedeman’s account and how the shortage was determined. As shown on the enclosed chart, in January 2020 after paying Mrs. Wiedeman’s homeowner’s insurance, her escrow balance is projected to be -$1,421.09, which is $2,106.09 less than needed. The


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shortage has been spread over 12 months, for an additional payment of $39.74 making her total mortgage payment effective March 1, 2019 $1,118.13.

Month Payment to

Escrow Projected Escrow

Disbursement projected escrow

balance

Beginning Escrow Balance ($1,078.55)

Mar-2019 $342.50 ($736.05)

Apr-2019 $342.50 ($393.55)

May-2019 $342.50 ($51.05)

Jun-2019 $342.50 $291.45

Jul-2019 $342.50 $633.95

Aug-2019 $342.50 $976.45

Sep-2019 $342.50 $1,318.95

Oct-2019 $342.50 $1,661.45

Nov-2019 $342.50 ($3,188.04) ($1,184.09)

Dec-2019 $342.50 ($841.59)

Jan-2020 $342.50 ($922.00) ($1,421.09)

Feb-2020 $342.50 ($1,078.59)

At this time, LoanCare has reviewed all information for Mrs. Wiedeman’s escrow account, and confirmed all information is correct. Additionally, please find enclosed a copy of Mrs. Wiedeman’s payment history. After we reviewed Mrs. Wiedeman’s payment history, we are unable to determine any payments being misapplied by her previous servicer, or while the loan was under our care. Please be advised our records do indicate Mrs. Wiedeman is submitting partial payments (“short payments”) to LoanCare. Each time LoanCare received a partial payment from Mrs. Wiedeman, the payments were applied to a suspense account in accordance with the covenants of her closing documents. The suspense account, also known as unapplied funds, temporarily holds the short payment until additional funds are received to complete a full payment. Additional funds are then combined with the funds already in suspense and applied to the loan. If the additional funds are submitted after the grace period provided in the note, a late charge may be assessed. If additional funds are not received in the month they are due, the mortgage payment is considered 30 days late and may be reported as such to the credit agencies. Please be advised at this time Mrs. Wiedeman mortgage loan is due for her June 1, 2019, and July 1, 2019 monthly payments in the amount of $1,118.13 each, with a suspense balance of $735.89. With the suspense funds, her total monthly payment owed as of the date of this letter is $2,618.50.


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If you have any further questions or concerns related to our explanation of your case, please do not hesitate to contact me in the Office of the Customer, Monday through Friday from 8:00 a.m. to 5:00 p.m., Eastern Standard Time at (800) 919-5631 extension 5097. Sincerely, Justin Johnson Office of the Customer Enclosures


Your Loan Account Number:Statement Date:

Annual Escrow AccountDisclosure Statement

Questions?

Changes to monthly escrow amounts are common. They’re often caused by a change in your taxes and/or insurance premiums. Thistable shows how your escrow and mortgage payments are changing.

PO Box 6172Rapid City , SD 57709-6172

841112/18/2018

SECTION 1 WHY AM I RECEIVING THIS STATEMENT?

----------------------------------------------------------------------------------------------------------------------------------------------------

View your detailed, up-to-date escrow transactionsonline at myaccount.ditech.com

Call Customer Service at 1-800-643-0202M–F 8am to 12am ETSaturday 8am to 5pm ETSunday 1pm to 5pm ET

3-776-16334-0001315-001-000-010-000-000

JANE C WIEDEMAN9030 MOSSY OAK LNCLERMONT FL 34711-7847

We review your escrow account every year to ensure it is properly funded, based on your upcoming taxes and/or insurance premiums.This statement provides details of any changes in your escrow account and resulting changes to your mortgage payment.

Our review shows your escrow account has a shortage of $2,106.09. Once we pay your upcoming insurance and/or tax payments,your escrow account will fall below the required minimum balance. See Section 4 for details. Your monthly mortgage payment is alsochanging March 01, 2019. Your new payment amount depends on which option below you choose:

OPTION 1: Pay Shortage Now OPTION 2: Spread Shortage Over 53 months(No action required)

Pay in full by check or money order by Feb. 22, 2019.Your new monthly mortgage payment will be $1,078.39.

Add $39.74 per month for 53 months to mortgage payment.Your new monthly mortgage payment will be $1,118.13.

SECTION 2 WHY ARE MY PAYMENTS CHANGING?

Current Payment Changes OPTION 1New Payment

OPTION 2New Payment

Due Date 01/01/2019 03/01/2019 03/01/2019Principal and Interest $735.89 $735.89 $735.89

Escrow Payment $364.39 i $21.89 $342.50 $342.50Escrow Shortage $39.74

TOTAL $1,100.28 i $21.89 $1,078.39 $1,118.13

Combined Property Insurance $922.00Combined Taxes $3,188.04TOTAL OUTGOING PAYMENTS $4,110.04 ÷ 12 months = $342.50 Monthly Escrow

We use anticipated payments fromyour escrow account to determineyour monthly escrow payment:

SECTION 3 WHAT DO I NEED TO DO?

TO PAY YOUR SHORTAGE NOW

Send a check or money order in the amount of $2,106.09, payable to Ditech Financial LLC by Feb. 22, 2019.Please write your Loan Account Number and “Escrow Shortage” on the check.Send the coupon at the bottom of this statement along with your check in the enclosed envelope.Unfortunately, you cannot make your escrow shortage payment online or over the phone.

TO SPREAD YOUR SHORTAGE OUT

No action is needed to spread your shortage payments out. If we don’t receive a shortage check or money order from you, we’llautomatically add shortage payments of $39.74 to your monthly payment.

REMINDERIf you use automatic bill pay, please contact your bank to adjust your mortgage payment amount, due March 01, 2019.

DITECH FINANCIAL LLCPO BOX 7153PASADENA, CA 91109-7153

JANE C WIEDEMAN9030 MOSSY OAK LNCLERMONT FL 34711-7847

ESCROW SHORTAGE COUPONThis coupon and mailing address are for your escrow shortage paymentonly. DO NOT use for your regular monthly mortgage payment.

LOAN ACCOUNT NUMBER: 0033318411

03331841 1 00210609

Escrow ShortageAmount Due andEnclosed:

$2,106.09

Please detach this escrow shortage coupon, write your loan number and "EscrowShortage" on a check or money order made payable to Ditech Financial LLC, andmail both in the enclosed envelope with the mailing address visible in the window.


Perf Page

SECTION 4 HOW IS MY ESCROW SHORTAGE CALCULATED?

Every year, we analyze what you’ll need to pay in taxes and/or insurance premiums. We then calculate the amount you’ll likely needin escrow to pay these bills. To determine if you have enough funds in your escrow account, we use this formula:

Lowest Projected Balance -$1,421.09 (in gray below)- Minimum Escrow Balance $685.00 (in gray below)

Shortage Amount -$2,106.09

Your escrow account has a minimum balance, as allowed by federal laws, state laws, or your mortgage contract. Your minimumbalance includes up to two months of escrow payments to cover increases to your property taxes and/or homeowners insurance.Your minimum escrow balance is $685.00.

This table shows expected payments in and out of your account over the next 12 months:

Date What We Expect Youto Pay to Escrow

What We Expect toPay Out

Payment Description Expected Balance Balance Neededin Your Account

Beginning Balance -$1,078.55 $1,027.5403/19 $342.50 -$736.05 $1,370.0404/19 $342.50 -$393.55 $1,712.5405/19 $342.50 -$51.05 $2,055.0406/19 $342.50 $291.45 $2,397.5407/19 $342.50 $633.95 $2,740.0408/19 $342.50 $976.45 $3,082.5409/19 $342.50 $1,318.95 $3,425.0410/19 $342.50 $1,661.45 $3,767.5411/19 $342.50 $3,188.04 CNTY TX PARC -$1,184.09 $922.0012/19 $342.50 -$841.59 $1,264.5001/20 $342.50 $922.00 HAZARD INS -$1,421.09 $685.0002/20 $342.50 -$1,078.59 $1,027.50Ending Balance -$1,078.59 $1,027.50

TOTAL $4,110.00 $4,110.04

SECTION 5 WHAT HAPPENED SINCE MY LAST ESCROW REVIEW?

In this table, you can see payments you made into your escrow account and outgoing payments we made from your escrow account.If we projected to pay out a significantly different amount, you’ll see the difference noted in gray. These differences may impactwhether you have enough funds in your escrow account.

Date What YouActually Paid

to Escrow

What WeExpected You to

Pay to Escrow

What WeActuallyPaid Out

What WeExpected to

Pay Out

PaymentDescription

ActualBalance

ExpectedBalance fromLast Review

Beginning Balance -$885.33 $1,167.5901/19 $364.39 E $328.59 $922.00 E $839.00 HAZARD INS -$1,442.94 $657.1802/19 $364.39 E $328.59 -$1,078.55 $985.77Ending Balance -$1,078.55 $985.77

TOTAL $728.78 $657.18 $922.00 $839.00

E = estimated future payment


19-10412-jlg doc 2752 filed 07/31/20 entered 08/05/20 14

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