Consumer complaint received 2019-01-31
Company: UNITED COMMUNITY BANK
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
In XX/XX/XXXX my wife and I purchase 2 tracts of land, 33.3 and a 1.75 tract. In XX/XX/XXXX we went back to the bank and wanted to build a home on the 33.3 acre tract. They cut out 4 acres and issued us a construction loan for XXXX. Recorded in the XXXX County court house in Book 802 pages 232-241. On the same day and at the same time we also signed a security deed for the remaining XXXX acres. Recorded in the XXXX County court house in book 802 pages 242-250. In the security deed for the home loan the legal description reserves an easement across the 1.75 acre tract and continues through the remaining 29.3 acre tract to access our primary residence. After the completion of our home we got a conventional mortgage thru United Community Bank with an affiliate of theirs, The XXXX XXXX XXXX. They then sold it in the secondary market to XXXX  XXXX and then it went to XXXX XXXX. We also refinanced with XXXX XXXX  in XX/XX/XXXX. In XX/XX/XXXX during the worst of times United Community Bank double our interest on the 29.3 acre tract raising it from 3.25 % to 6.5 % making it very difficult for us. Then in XX/XX/XXXX we asked for an interest only loan to try and get through the tough times. The Bank led me to believe they would do that but never did and allowed me to get behind and then called the loan due. I went to the bank and attempted to make the loan current but they refused payments and accelerated the loan and then filed a law suit against me. They then said they would drop the law suit if I would give them my commercial property were I operate a small restaurant. I was advised by legal council not to do that. They already doubled our rates and they could do it again and then you would loose everything. The situation forced me into bankruptcy. At that point United Community Bank foreclosed on the XXXX acre tract as well as the XXXX acre tract. I owed them XXXX for the property that they refused payments on however they sold the property to XXXX XXXX XXXX for XXXX who then sold it to a mortgage broker and developer for XXXX. United Community Bank refused to deal with me. The mortgage broker and her husband, the developer, XXXX and XXXX XXXX then sued me stating that I had no easement to access our home. In a motion for summary judgement the judge closed our road cutting of access to our home. He stated that United Community Bank never gave us express permission for an easement to our home even though it is in our Construction loan, our mortgage and all through our chain of tile for our home. The judge ruled because of the security deed in book 802 pages 242-250 for the 29.3 acres doesn't reserve an easement and for that reason we had no right to have it in our mortgage. As a result we are land locked and are being kicked out of our home. How can it be in one but not the other, both signed at the same time. It appears to be either a bait and switch or fraud or just an error that they won't correct. I don't know which. XXXX XXXX has filed a title insurance claim however that doesn't help us.

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