Consumer complaint received 2021-12-13
Company: MIDFIRST BANK
State: OH
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
CFPB complaint # XXXX was filed with XXXX on XX/XX/XXXX. On XX/XX/XXXX, XXXX replied to my complaint that they were not the appropriate company to review my complaint, and advised that the complaint be re-routed to my current mortgager since XX/XX/XXXX- Midland Mortgage a division of MidFirst Bank for review. On XX/XX/XXXX, I contacted the CFPB to inquire about how I would be able to submit additional supporting documentation to my complaint. I was not informed that XXXX had responded to the complaint that they were not the appropriate entity. I was instructed to withdraw the XX/XX/XXXX complaint and resubmit a new complaint ONLY to be able to add the additional supporting documentation. 
All the the details in my original complaint, in regards to the loan modifications and FHA Hamp modification were completed by XXXX employees from XXXX XXXX XXXX prior to Midland Mortgage a division of MidFirst Bank being involved. Per XXXX XXXX, I am redirecting the original complaint details to Midland Mortgage a division of MidFirst Bank XXXX 

I purchased a home with an FHA Loan from XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, Ohio XXXX ( no longer an exists ) on XX/XX/XXXX. XXXX XXXX XXXX XXXX, did not discuss or disclose that XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX  was named as a nominee for the lender, it was not noticeable or easy to read within the promissory note details. The total amount financed was XXXX with an upfront MIP amount of {$2700.00} financed with HUD. According to loan documents, the loan was purchased by XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX, MD XXXX, from XXXX XXXX XXXX XXXXXXXX XXXX several weeks after closing. Beginning XX/XX/XXXX, payments were submitted to XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, Ohio XXXX. Despite the documents sent to me, an assignment of mortgage from XXXX XXXX to XXXX was not filed with XXXX XXXX Ohio. On XX/XX/XXXX, one day prior to my husband and I filing for XXXX XXXX bankruptcy, an assignment of mortgage was filed, and the loan was removed from the XXXX system. The XXXX loan number associated with my home is no longer showing ever being active/inactive in the XXXX database. I am contesting XXXX  having the right to transfer my loan, and the right to enter into a loan modification, as XXXX was solely a nominee for the lender. In addition, I am contesting the validity of the loan modifications completed in XX/XX/XXXX and XX/XX/XXXX, as well as the loan modification w/principal reduction dated XX/XX/XXXX, which was presented to me by XXXX as a HAMP loan modification. The signed/notarized loan modification agreement dated XX/XX/XXXX states that the loan modification would be effective XX/XX/XXXX. The modification documents that I signed/notarized in XXXX were not signed/notarized by XXXX until XX/XX/XXXX. Escrow statements show nonpayment and multiple adjustments from XXXX XXXX XXXX In XX/XX/XXXX, XXXX received borrow and servicer payments for the HAMP modification/partial claim. Below is a detailed summary of my complaint. 

Complaint Summary In XX/XX/XXXX, during a catastrophic home loss, my family of XXXX was displaced and out of our home from XXXX XXXX XXXX During that time, we became aware of the loan modifications and FHA HAMP modification w/partial claim ( outlined above ) documents filed with the XXXX XXXX Ohio Recorder 's office. Prior to XX/XX/XXXX XXXX did not provide copies of the completed documents filed. Upon review, it became evident that the home loan modifications and FHA HAMP modification w/ FHA partial claim completed by XXXX between XXXX, should have been included in the XXXX XXXX Settlement. XXXX was one of the lender/servicers held accountable for their wrongdoing regarding improper residential mortgage foreclosures, loan modifications and mortgage servicing. During that time, I entered into loan modification agreements with XXXX in good faith, after completing and sending all requested documentation, in an effort to bring our home loan current and save our home from foreclosure. At no time we were ever in active foreclosure, yet despite being actively engaged in loan modifications and or FHA backed foreclosure prevention programs, foreclosure costs and attorney fees are noted many times in XXXX  consolidated payment history, as well as foreclosure costs/fees being included in the XXXX dated FHA HAMP documentation. 
From XXXX, per XXXX consolidated payment history, our loan incurred at a minimum, 36 monthly {$13.00} XXXX XXXX, XXXX or XXXX inspection fees, various agent fees, and miscellaneous fees. 

Due to my poor state of health, that including XXXX issues, I relied on the information I was given by XXXX Home Owner specialist ( s ). I was ensured that I had no need to worry, and that the loan modifications and FHA HAMP modification processes were being followed per the requirements for mortgage servicers and FHA guidelines. We found out in XXXX, that we were not notified given all completed documents. We were not given documentation that modifications were resigned/dated, then filed with the XXXX XXXX Ohio Recorders office , and documents were sent to be filed many months to years after completion. The loan modifications and FHA HAMP documents are riddled with inaccuracies, omissions, and errors that were signed fraudulently by robo-signers. Almost the entire life of our loan has been compromised. 

My current mortgagor is Midland Mortgage a division of Midfirst Bank. I sent multiple QWR 's in XXXX to have a complete review of all loan modifications and FHA HAMP documents completed by XXXX dated between XXXX. I requested copies of full escrow statements, analysis and detailed payment information from XXXX. I was first instructed to contact HUD, and the FHA Resource Center. Between Midland/Midfirst Bank , HUD and the FHA Resource Center , I was told something different by each person I spoke with. I hung up on and yelled at by HUD employees. I have had several phone conversations with Midland/Midfirst Bank XXXX and HUD regarding the excessive inspection fees, agent fees, miscellaneous fees, and the fraudulent foreclosure/attorney fee ( s ) applied to our loan, that is detailed in the consolidated payment history. My QWR 's and or recorded phone calls detailed my concerns regarding the loan modifications having signatures by robo-signers, who were XXXX  employees appointed as Vice Presidents as well as being appointed as Secretaries and Vice Presidents of XXXX XXXX XXXX XXXX XXXX XXXX  ), although public records and lawsuits against both XXXX and XXXX confirm that XXXX XXXX did not have any employees. Loan modification/HAMP documents were also notarized by known robo-signers. Additional concerns were relayed re : the assignment of Mortgage from XXXX to Midland Mortgage/Midfirst Bank XXXX The assignment of mortgage being prepared and signed by a known robo-signer, a XXXX employee XXXX XXXX XXXX XXXX From XXXX XXXX both XXXX and XXXX XXXX were involved in multiple lawsuits and the XXXX XXXX Settlement. Their testimonies can be found in public records. Although Midland Mortgage/ Midfirst Bank did reply to my QRWs, all of my concerns have not been addressed, nor replied to in full. I received partial responses and documentation. I was systematically taken advantage of by XXXX during times of distress, my XXXX XXXX  and XXXX  XXXX, that is still present. To date, I have been unable to receive answers to the questions regarding the loan modifications from XXXX, XXXX, and the XXXX or the FHA HAMP modification as it was outlined to me. They were not processed in the timeframes per the loan modification agreements, nor were they processed and completed per CFPB or FHA guidelines. 

Below is a shortened summary of each loan modification and FHA HAMP details per the limited knowledge I have : XX/XX/XXXX Loan Modification -The loan modification agreement dated XX/XX/XXXX ( attached ) was between XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  had no interest in the debt XXXX was soley a nominee for lender. XXXX has not ever and does not take applications, underwrite loans, make decisions or whether to extend credit, collect mortgage payments, hold escrow for taxes/insurance or provide loan servicer functions. XXXX did not have the ability to enter into a loan modification. Nevertheless, the loan modification was completed in XX/XX/XXXX. It was not submitted and filed to the XXXX XXXX Recorders office until XX/XX/XXXX. The documents submitted have the original notarized signatures and dates crossed out with black marker, then resigned by another XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) employee with a new date of XX/XX/XXXX. I was not notified or sent copies of the amended loan modifications with new signatures and dates. 
XX/XX/XXXX Loan Modification -Loan modification agreement dated XX/XX/XXXX ( attached ) between XXXX XXXX XXXX XXXX a XXXX XXXX non borrower ) and XXXX. The Interest rate was to be lowered from 6.5 to 5 beginning XX/XX/XXXX. Three XXXX  amounts of XXXX were completed. The Loan modification agreement was signed by known robo-signer, and the same person, an employee of XXXX, labeled as an Assistant Vice President, and an Assistant Secretary for XXXX as well as the XXXX Nominee for Lender. Prior to the loan modification completing, {$2500.00} was sitting in a suspense account/unapplied funds. Those funds included the XXXX and XXXX XXXX  monthly loan XXXX payment of {$1200.00} each. Upon completion of the loan modification, the two loan payments were never applied to the loan. {$2400.00} was used for accrued interest and {$100.00} for an undetailed delinquency expense. 
XX/XX/XXXX Filed XXXX XXXX Bankruptcy -Due to the modifications not effectively lowering payments, we were forced to file XXXX XXXX bankruptcy. We opted to make payments and retain our home. On XX/XX/XXXX, one day prior to the bankruptcy filing an assignment of mortgage ( attached ) from XXXX XXXX to XXXX was filed. 
XXXX XXXX, XXXX FHA HAMP Modification -The XXXX HAMP modification was approved by XXXX XXXX, a XXXX homeowner account specialist in XX/XX/XXXX. A XXXX XXXX XXXX XXXX  XXXX and XXXX XXXX XXXX application, all requested documentation was completed and submitted on XX/XX/XXXX ( attached ). I was informed by XXXX on XX/XX/XXXX that I had been approved for a FHA HAMP loan modification, to bring our account that was 5 months past due current. There was not a full explanation regarding the FHA Partial Claim. I was further instructed that NO loan payments would be due until XX/XX/XXXX. Beginning XX/XX/XXXX, I would need to complete four monthly trial payments XXXX XXXX XXXX in the amount of {$1000.00}. After the completion of the trial payments XXXX, the second step of the HAMP Modification would then complete and be in affect XX/XX/XXXX. The second step was not explained. I was sent a loan modification agreement ( attached ) and subordinate mortgage documents ( attached ) to be notarized in XX/XX/XXXX. The subordinate Note was sent separate in XX/XX/XXXX ( attached ). Being clueless as to how the FHA HAMP modification worked and very ill at the time, I relied on the information and instructions I was given by XXXX XXXX. I was told beginning XX/XX/XXXX my payment would be XXXX permanently. XXXX in XXXX, stopped returning emails and phone calls. I continued to receive her automated email reminders to pay the next trial payment. When calling XXXX, it went straight to voicemail. If calling directly into XXXX, I would be re-routed to XXXX XXXX voicemail, or told she was the only person that could assist me and to leave a voice message. In XX/XX/XXXX my account was transferred to another homeowner specialist XXXX XXXX, who contacted me via phone, stating she was now in charge my account, and she was trying to get updated on the account. She stated that she would be talking directly to management, she ensured there would be no continued delay in receiving the completed modification documents. I did not receive the attached XXXX escrow analysis documentation until XX/XX/XXXX, in reply documents to one of my QWRs to Midland Mortgage. There were multiple monetary adjustments made that withdrew funds from the escrow without my knowledge or notification. Escrow insurance taxes and pmi were not paid per FHA modification guidelines, yet advanced escrow interest accrued and was deducted, per the consolidated payment history. 
No Reply from XXXX -Despite multiple requests to be contacted and provided with status and additional information regarding the completed FHA HAMP , XXXX did not respond. I did not receive copies of the completed and signed loan modifications and FHA HAMP documents that were sent to the XXXX XXXX Ohio Recorders office. My loan was then sold to Midland Mortgage in XX/XX/XXXX. Midland Mortgage/Midfirst Bank XXXX XXXX XX/XX/XXXX loan modification agreement documentation with the XXXX XXXX Ohio Recorders Office in XXXX, XXXX, upon receipt of my loan information being transferred. In XX/XX/XXXX, an analysis completed by Midland Mortgage/MidFirst Bank was completed using XXXX XXXX XX/XX/XXXX escrow analysis that was inaccurate, adjusted/modified without notification and part of the CFPB complaint. 
XXXX XX/XX/XXXX when we became aware, multiple qualified written requests were submitted to Midland Mortgage a division of MidFirst Bank referencing all of the above. Although Midland Mortgage/MidFirst Bank replied to the complaints in writing. All of our complaint was not addressed. I was informed that they were not the appropriate entity to review, due to the fact that XXXX was the loan servicer who completed the modifications. During recorded conversations with representatives always identifying as customer service employees, I was told that they could not assist me. Midland Mortgage/MidFirst Bank is aware of the fraudulent information and foreclosure/attorney fees associated with the FHA HAMP partial claim XXXX identified in the consolidated payment history. On one occasion, I was told from a customer service presentative that I shouldn't be too upset because only {$190.00} was listed in the partial claim as a foreclosure fee. My response that any funds listed in any XXXX  modification or the FHA Hamp modification/partial claim documents calculated with false information would be fraud, making the partial claim null/void, was ignored. Midland Mortgage/MidFirst Bank did not complete a thorough investigation or review, even after being mad aware of multiple inaccurate and fraudulent activity, writing in one response that it would be cumbersome to do so. Partial documentation accompanied their written replies and I was repeatedly informed me that they would be unable to assist me, and I would need to submit a complaint to XXXX.

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