Consumer complaint received 2023-04-21
Company: U.S. BANCORP
State: FL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process

Complaint:
They force me into Default, claim its my fault, then get a sale date for my property, while IM TRYING TO PAY THEM MORTGAGE PAYMENTS!!

They don't want monthly mortgage payments.

They want a large lump sum of money all at one time. 
They only way to get that is the " force '' ne out of the home I own that I have been trying to pay them for since XX/XX/XXXX. 

XX/XX/XXXX The " servicer US Bank '' have put a lien and are forcing a sale of my Homestead property. 
Willfully violating Article X, Section 4 of the Florida Constitution which exempts homestead property from levy and execution by judgment creditors. This means that a creditor can not place a lien against or force the sale of your homestead to satisfy an obligation or monetary judgment. 

XXXX XXXX does not have a mortgage- see my XXXX credit report attached. 
XXXX XXXX 's primary residence is Homestead property - see attached receipt from XXXX XXXX XXXX XXXX. 

I want to save my home from this false foreclosure. 
The " bank servicer, US Bank '' falsely claims to be my " mortgagor '' to me as far back as XX/XX/XXXX by a false " Notice of Transfer & Reassignment Letter '' I received from them. 
Since then, for almost 5 years now, they have denied to me the : Right to make mortgage payments Right to a Modification Application processing Right to a Letter that Declares a Default Right to have a Face to Face Meeting with them before Foreclosing Right to obtain loan information from my Qualified Written Requests I sent Right to Homeowner Covid-19 Incentives and Monetary Relief Receive to access any assistance provided by the bank to help me stay in my home Name/Firm/Company representing them : XXXX, XXXX, XXXX, XXXX XXXX XXXXXXXX XXXX Equity Skimming Disguised as a Foreclosure Street Address : XXXX XXXX XXXX XXXX XXXX City : XXXX XXXX, FL XXXX XXXX XXXX XXXX : XXXX XXXX ) XXXX Website XXXX XXXX XXXX XXXX Date of Transaction : XX/XX/XXXX INTERNET COMPLAINT RECEIVED BY THE ATTORNEY GENERAL 'S OFFICE ON XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX XXXX XXXX : ( XXXX XXXX XXXX Email : XXXX Name/Firm/Company : US Bank National and XXXX, XXXX, XXXX, XXXX XXXX XXXXXXXX XXXX Subject/Category : Equity Skimming Disguised as a Foreclosure Street Address XXXX XXXX XXXX XXXX XXXX XXXX City : XXXX XXXX, FL XXXX XXXX XXXX Phone : ( XXXX ) XXXX Website XXXX XXXX : XXXX Date of Transaction : XX/XX/XXXX Amount Paid : XXXX Questions/Comments : Equity Skimmers They work together to steal the equity in your home ( get themselves a loan ) and stick the homeowner with the bill US Bank never secured interest in the first mortgage. US Bank " hid itself '' in the mortgage origination process as an investor and it funded the down payment assistance of {$7500.00}, the second mortgage. That is the only promissory note or agreement between me and US Bank National. Now the bank is trying to skim the equity by pretending to be the holder of the first mortgage, but won't fulfill the duties of the first mortgage holder and have denied the following to me.

There is no first mortgage balance.

Bankruptcy Trustee already told US Bank it had not submitted any documents to show it had secured a interest in the first mortgage.

XXXX XXXX  was the lender on the first mortgage.

They got paid in the beginning of the transaction.

Right to a Face to Face Meeting, Right to negotiate terms, Right to a Modification Application processing, Right to Mitigate, Right to obtain information regarding loans, right to provide Covid 19 relief and other government programs for struggling homeowners For 4.5 years I have been trying to meet Face to Face with the bank but they keep denying me that right. I have been trying to meet Face to Face to Negotiate Housing. 
XX/XX/XXXXXXXX XXXX XXXX XXXX Bankruptcy I got an Order from the Judge to Mitigate. 
The bank strung me along for weeks pretending to be processing my modification application. As soon as the XXXX  XXXX was discharged and I was no longer protected, the bank filed a Foreclosure action against me in XX/XX/XXXX. 
The bank lied when filing the Foreclosure action. The bank submitted a notarized Note Certification letter stating it held the original note for the first mortgage when it did not. 
The bank submitted the cert letter with its own account written on it but the Promissory note of the first lien holder was attached to the letter, and that note had a totally different account number on it.

The bank only holds a 2nd mortgage for {$7500.00} for a DPA ( down payment assistance ) loan. 
The bank is trying to get paid over XXXX by misusing the first lien holder 's Promissory note, the agreement between me and that lender.. 
Since the bank filed that foreclosure, it keeps pressuring the Judge for Court Orders to sell the property, while I'm in it trying to pay them! I live in my house and have no intentions of leaving. 
I am employed as a XXXX XXXX XXXX 
I can afford to pay a mortgage.

I have been trying to meet Face to Face with the bank, to negotiate better terms, modify the terms of the agreement, get relief, pay them and continue on with my life. They have stressed me to the point that I have to take XXXX

They will not follow ANY rules.

Won't offer me any relief and refuse to meet with me to negotiate. They tried to push the foreclosure during covid19 when there were federal moratoriums in place to delay foreclosures. 
They have stressed me out so bad, during my unemployment period and now even while I'm working and have been willing to pay them. I have followed all the rules.

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