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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33778
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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We lost our home in a fire on may 09th of this year. Our

Customer Question

Goodevening. We lost our home in a fire on may 09th of this year. Our home was a total loss. Within a week my insurance company state farm insutance issued a check to me in the amount of 110,323, to endorse & send to my mortgage company "Ditech Financial" which i did. Certified mail. My mortgage that was still owed on my home was roughly 34,000. Fast forard to today, august 02, 2016. As to this date i have not received one dime from Ditech Financial. They have held my money to my belief illegally. They owe me over 75,000. This has been devastating to me & my family. I have contacted Ditech Financial too many times to count, and have got nothing but lies about when i might be getting my money. It has been 2 months and one week since Ditech financial received their money that was owed by myself. My life & my families lives have been put on hold. We are now homeless, I have developed a deep depression, and feel helpless. Help!
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state your are in?

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thanks

Barrister

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Customer: replied 4 months ago.
Missouri
Expert:  Barrister replied 4 months ago.

Ok, to be very honest with you, it is kind of ridiculous that they have been holding those excess proceeds this long so you need to contact the Missouri Division of Finance and file a formal complaint against the lender for their actions in unlawfully retaining those proceeds for this long. It should have taken a month, maybe two, for them to apply the money to your loan and then issue a refund check to you for the balance.

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And for what it is worth, Ditech has a HUGE amount of complaints for their loan servicing and other mortgage issues....

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The site is here and once you file a formal complaint, you should see some results pretty quickly once the Division contacts them about this and inquires as to why they are holding your money.

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http://finance.mo.gov/

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thanks

Barrister

Customer: replied 4 months ago.
Per a representative from Ditech financial. By law they have 30 days after the date of payoff to send issue my refund. I've been told on many times different dates that t they could an anticipate my refund being issued. I actually gave bank account info for a wire trandfer that was suppose to happened on friday july 29th. Only to find out no refund on its way. Night 4 with nowhere to go.
Expert:  Barrister replied 4 months ago.

They are giving you the runaround... You sent the check to them on or about May 17th or so so that gives them until the middle of June to issue the refund... They are over 1.5 months late in doing so and that is a complete breach of their legal duty to you.

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So as I said, your recourse is to follow the link I provided and file a formal complaint for their actions...

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thanks

Barrister

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