Consumer complaint received 2023-08-21
Company: MIDFIRST BANK
State: TN
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX this year the Trustee and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX hired a private investigator, notary. The notary sent presentments/dispute iniating the administrative procedure for the XXXX behalf. The notary serves as a qualified 3rd party and will be a witness in federal court for non-response to him. This presentment includes ( attached ) disputes and affidavit of fact on the security fraud that was discovered by private investigator expert XXXX XXXX and a lawyer. The XXXX sent this presentment of new information to midland mortgage QWR address requesting for certain documentation. XXXX XXXX spoke with a MidFirst Bank customer service and told her she will not be signing the partial claim because she does not agree with the terms and conditions of the contract. To add to the Fraud in XXXX of XXXX Midland Mortgage forged XXXX XXXX name on unsigned, unagreed upon, partial claim documents that included a new promissory note, a new deed of trust and in the verbiage it says that XXXX XXXX can not request from HUD any verification of documents or notary presentments disputes may be sent, if so they have the right not to answer. Midland mortgage has XXXX XXXX XXXX name on partial claim papers that she never agreed or sign ( attached to show nothing was signed ) This is violating the law Title XXXX, Title XXXX Defences and Claims of recoupment, holder in due course rule Title 16 of the FTC. In contract law the contract has to be mutual and agreed upon. Forbearance of Covid 19 related issues does not give midland mortgage or HUD rights to forge my name on documents that I did not sign on my own free XXXX will. The XXXX say where there are 2-3 witness let every word be establish, XXXX XXXX XXXX 
According to 226.39 Mortgage transfer disclosures a ( 1 ) A covered person... .it goes on to say a servicer of a mortgage loan shall not be treated as the owner of the obligation, and if any assignment is only treated to memoralize a transfer and not to indicate a sale and is solely for administrative purposes. Midland Mortgage is not the holder in due course as evident by a lawyers affidavit after a deep investigation. Neither was XXXX XXXX given a mortgage loan. What has went on is security fraud which the evidence is attached to this complaint please read. There is a lot wrong with this mortgage transaction that I will probable have to take to federal court for XXXX by XXXX for security fraud. I was not given full disclosure on XXXX XXXX, i was not aware the my property was going into a trust or XXXX, XXXX was not aware that the tangible note was never delivered or endorsed, the real party of interest is not Midland Mortgage its XXXX XXXX XXXX and XXXX securities XXXX XXXX XXXX Trust which is no where to be found on any assignments or endorsements, In which there are no endorsements anywhere on any note. The tangible note is lost and was never negotiated upon. The assignment in XXXX XXXX is fake due to the fact that midland mortgage customer service informed me they were not lenders they were only servicers of debt. However they have provided false furnishing to the 3 credit reporting agencies that they gave me a loan. However for a full view of all the fraud please read carefully the discovery of the lawyer the XXXX hired and private Investigator finding. I spoke with FHA today and told them what has happened, they instructed me to file a CFPB complaint and include documentation of the private investigator findings so they can do further investigation in the who mortgage transaction. XXXX XXXX XXXX XXXX XXXX XXXX XXXX ALSO IN XXXX OF XXXX RECONVEYED THE MORTGAGE INTO FOREIGN TRUST. THE TRUSTEE XXXX  XXXX HAS FILED XXXX WITH DEPT OF TREASURY AND PRESENTED A TREASURY GIFT WITH WRITING OF 12 USC 411 REDEEM IN LAWFUL MONEY ON DEMAND AT THE FEDERAL RESERVE BANK .... 

Also midland mortgage accepted a Full settlement paid in full of an ACCORD & SATISFACTION instrument that was sent by the XXXX  XXXX XXXX XXXX XXXX XXXX this was done in accordance with Article XXXX. Midland Mortgage cash it which mean they accepted the terms and conditions of the accord and satisfaction. Before an accord and satisfaction payment was sent a letter was sent by the trust via the Notary presentment that midland mortgage did not respond to, so followed the trust sent accord and satisfaction payment. This was offered when the fraud was discovered by the hired private XXXX to settle privately. However Midland Mortgage has dealt with XXXX XXXX without due process and has attempted to covered up the fraud and ignore the letters that was sent to them by notary presentment without responding to qualifed XXXX party. XXXX mortgage also provided a photocopy of a promissory note with a forge signature thats not mine signature. Romans XXXX says recompense to no man evil for evil, provide things honest in the sight of all men, this its what XXXX XXXX has done but the midland mortgage, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, has all been dishonorable in this mortgage transaction.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation