Consumer complaint received 2023-03-31
Company: MIDFIRST BANK
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
ARTICLE X SECTION 4 OF FLORIDA CONSTITUTION STATES JUDGMENT CREDITOR CAN NOT FORCE THE SALE OF YOUR HOME TO SATISFY A CREDITORS MONEY JUDGMENT.

( They denied knowledge of homestead owner occupancy yet, it is public record of tax exemption for Homestead property. ) A Florida Homestead Is Not Subject To Probate. Probate proceedings involve only assets subject to creditor claims.The Florida homestead is exempt from creditors, so it is not part of the probate estate.

103327.3757. Notice of default and foreclosure sale.

Federal code section 807 of title VIII of s2281, s3757 ) ( I was never served properly of foreclosure proceedings. Since I had applied for Homeowners Assistance Fund and eligible, also had notified them of this, and never properly served ; I was under the impression no foreclosure had been started. ) ( In letter reply from CFPB complaint, they stated they notified me of foreclosure in XXXX and XXXX. Yet this was not at all what they sent. Only stated that if delinquent, foreclosure maybe initiated. ) Mandatory Mediation Whereas, the Supreme Court of Florida has determined that mandatory mediation of homestead residential mortgage foreclosure actions prior to the matter being set for final hearing will facilitate the laudable goals of communication, facilitation, problem-solving between the parties with the emphasis on self-determination, the parties needs and interests, procedural flexibility, full disclosure, fairness, and confidentiality. Referring these cases to mediation will also facilitate and provide a more efficient use of limited judicial and clerk resources in a court system that is already overburdened.

Referral to Mediation This Administrative Order constitutes a formal referral to mediation pursuant to the Florida Rules of Civil Procedure in actions involving a mortgage foreclosure of a homestead residence. The plaintiff and borrower are deemed to have stipulated to mediation by a mediator assigned by the Program Manager unless pursuant to rule 1.720 ( f ), Florida Rules of Civil Procedure, the plaintiff and borrower file a written stipulation choosing not to participate in the RMFM Program. Referral to the RMFM Program is for administration and management of the mediation process and assignment of a Florida Supreme Court certified circuit civil mediator who has been trained in mediating residential mortgage foreclosure actions and who has agreed to be on the panel of available certified circuit civil mediators. Mediators used in the RMFM Program shall be trained in accordance with the standards stated in Exhibit 12 attached. Mediation through the RMFM Program shall be conducted in accordance with Florida Rules of Civil Procedure and Florida Rules for Certified and Court-Appointed Mediators.

Failure to Comply with Administrative Order In all residential foreclosure actions, if a notice for trial, motion for default final judgment, or motion for summary judgment is filed with the clerk of court, no action will be taken by the court to set a final hearing or enter a summary or default final judgment until the requirements of this Administrative Order have been met. In cases involving a homestead residence, the presiding judge shall require that copies of either 1 ) the most recently filed Form A and the report of the mediator, or 2 ) the most recently filed Form A and the notice of borrowers nonparticipation be sent to the presiding judge by the plaintiff or plaintiffs counsel prior to setting a final hearing or delivered with the packet requesting a summary or default final judgment.

The failure of a party to fully comply with the provisions of this Administrative Order may result in the imposition of any sanctions available to the court, including dismissal of the cause of action without further notice.

False Appraisal The court shall appoint a disinterested appraiser to assist in its evidentiary hearing unless the debtor and credit or mutually waive the appointment of such appraiser. The appraiser shall take and file an oath that he or she will faithfully appraise the property at its fair market value and that he or she will file assigned and sworn appraisal with the court as required by law. Notice of the time and place of the inspection of the property for the purpose of its appraisal shall be given by the appraiser to the debtor, creditor, and sheriff, at least 24 hours before the inspection is made.

( I was never notified of appraisal and they lowered the value even though inflation and market value has almost doubled. My home is worth almost {$180000.00}. Also they have advertised during latest auction that resale value is {$210000.00}. They are committing tax fraud. The tax website shows they bought the home for {$100.00}. ) e.726.104Value.

( 1 ) Value is given for a transfer or an obligation if, in exchange for the transferor obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisors business to furnish suppor t the debtor o another person.

( 2 ) For the purposes of ss.726.105 ( 1 ) ( b ) and 726.106, a person gives a reason ably equivalent value if the perso acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisitionor disposition of the interest of the debt or upon default under a mortgage, deed of trust, or security agreement.

( 3 ) A transfer is made for present value if the exchange between the debtor and the transferee i intended b them to be contemporaneous and is infect substantially contemporaneous. History.s.4, ch.87-79. Presumption of validity of sale.Any foreclosure sale held in accordance with this chapter shall be conclusively presumed to have been conducted in a legal, fair, and reasonable manner. The sale price shall be conclusively presumed to b reasonable and equal to th fair market value of the property. Pub.L.103327, titleII, Sept.28,1994,108 Stat. 2316a ( Also the acreage is wrong saying its half the size it is. ) Equity Fl.statue 702.AA.All mortgages shall be foreclosed in equity. In a mortgage foreclosure action, the court shall sever for separate trial all counterclaims against the foreclosing mortgagee.The foreclosure claim shall, if tried, b be tried to the court without a jury.

History.RS1987 ; GS2501 ; RGS3844 ; CGL5747 ; s.7, ch.22858,1945 ; s.2, ch.

87-217.

( So where is my equity? They have stripped me of all my equity. ) Minimum Time To Begin Foreclosure ( 24CFR203.606 ).

With the exception of the three items listed below, foreclosure may not begin unless at least three full monthly installments under the mortgage are due but unpaid. ( See Chapter 8-7 for procedures with respect to the Assignment Program. ) If the mortgagor is making no Payment Whatsoever, foreclosure may begin on the day after the due date of the third unpaid installment. If the mortgagor is making partial payments, all such payments must be applied, and foreclosure may begin only on the day after three full monthly installments are due but unpaid. 

( Forbearance should have ended XX/XX/XXXX ; forbearance is not delinquent. I had not missed 3 months of payments. I had applied for forbearance in end of XXXX, after almost losing my life, and in the hospital for weeks ; they did not know what was wrong with me for months during XXXX. ) 7-12 page 109 NOTE : If At " anytime '' before or after the Foreclosure Committee Review there is a possibility that a loan can be salvaged and an assignment or foreclosure avoided, then HUD expects mortgagees to continue to service the loan and to work with the mortgagors. 

( Notified them more than once but did so through XXXX XXXX in XXXX through dispute to credit bureau ; requiring 60 days before final judgment could occur. XXXX Authority to assist in default. They Made No Efforts To Aid In hardship ; even denying hardship request in XXXX from submitted application in XXXX that they denied knowledge of. 

Reported false delinquency and false totals to credit bureaus, stated I was behind since XX/XX/XXXX, and they didn't even take my mortgage over until XXXX the following year. They refused to acknowledge false information, even with proof in paperwork. All loan statements from XXXX through XXXX stated the due date in XXXX. Credit bureau has already deleted false information after my dispute, siding in my favor. Also the credit report showed in XXXX that the mortgage had been redeemed. ) Count1.31 The FDCPA prohibits debt collector from making false statements, misleading, or deceptive representation to debtors in connection with debt.

( They refused to fix credit report in CFPB complaint after making false statements ) ( Now that they have passed new chances for recovery from HAF, and the mortgage company still owns my loan ; they should have to reinstate my loan, and transfer the title back into my name. Hopefully fixing any and all false information, including credit bureau and charges for time in forbearance. )

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