Consumer complaint received 2020-11-21
Company: MIDFIRST BANK
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
My complaint originates with my previous Mortgage Lender, XXXX XXXX, XXXX XXXX XXXX XXXX. However, my current Mortgage Lender ( Midland Mortgage ) is also closely involved in this matter as they have not been very helpful in reaching a reasonable solution to the problem I will be presenting. 
In XX/XX/XXXX, I reached out to XXXX XXXX and advised them as to why my Mortgage payments had fallen behind and I was looking for any possible solution to help alleviate the situation. My wife and I moved into our home in XX/XX/XXXX at which time my wife was the primary/higher earner, being in XXXX XXXX with her former employer. She was unfortunately diagnosed with XXXX XXXX shortly after we moved into our home. 
My wife was placed on short term XXXX through her employer. We are still currently fighting to get her approved for XXXX through the state. Once my wife 's short term XXXX ( employer ) expired, I became the only source of income for our family and that still remains the case. So more than half our house hold income was lost and we were struggling to make our mortgage payments. 
In XX/XX/XXXX when I reached out to XXXX XXXX to seek assistance we were approximately 50 days delinquent on our loan. We began the long and very difficult process of applying for a Loan Modification, I had to work with more than four " Dedicated Loan Specialist 's '' throughout the entire process. We were finally approved for a " Trial Period Plan '' in XX/XX/XXXX. I was advised by our first Dedicated Loan Specialist to not allow the Loan to get more than 60 days delinquent, so I continued to make payments throughout the process. 
When this four month trial period was offered to me I was told that I had to make contact with XXXX XXXX via telephone or in writing to let them know I intended to accept their offer, which I did. I also had to make my first Trial Period Payment, which I agreed to over the phone with a " Dedicated Loan Specialist '' to have debited out of my bank account on XX/XX/XXXX. I was also advised during this phone conversation that I did not have to make a payment in XXXX, and that this Trial Period will start in XXXX. I also asked if there was anything else needed from me and was told that the phone conversation and agreement to have my account debited was all I was required to do. 
On XX/XX/XXXX Midland Mortgage took over our loan from XXXX XXXX/XXXX XXXX. At that time, I thought I had agreed to have all my trial period payments taken directly out of my account, in order to avoid missing any payments. When I noticed that nothing had come out for XXXX, this was when I learned that Midland had taken over our loan. It was unfortunately brought to my attention that Midland did not intend to honor my agreement with XXXX. I have recently discovered by looking through old correspondence from XXXX XXXX that they dissolved our Trial Period Plan because I failed to return the executed trial plan agreement. I find this to be simply unacceptable and egregious. 
I can prove that all that was required by me to accept the offer from XXXX XXXX I have complied with. Furthermore the permission I gave to XXXX XXXX to have my personal account debited and the action taken by them in debiting my account further proves that I met all obligations set forth by them. Their finding that I failed to provide one form, which I was not even informed about by the " Dedicated Loan Specialist '', is not sufficient to dissolve the agreement. Therefore since Midland Mortgage has acquired all rights to this loan from XXXX XXXX I see fit that they honor the agreement set in place between myself and the aforementioned, XXXX XXXX. 
I will be attaching several documents to this complaint, which substantiate my claim that there was an agreement made between XXXX XXXX and myself and they were erroneous to dissolve the agreement. I will also be attaching transaction history with XXXX XXXX and Midland Mortgage. These prove that I continued to make payments to XXXX XXXX through the Loan Modification process and that my loan did not get more than 60 days delinquent during that time as advised to so by my first Dedicated Loan Specialist. And it was not until XXXX when I didn't make a payment, as advised by the Dedicated Loan Specialist, that my account became more than 60 days delinquent. I am also attaching a letter that was sent to both XXXX XXXX and Midland Mortgage in XXXX asking for a resolution to this matter. I also sent two certified checks as payment to Midland Mortgage ( XXXX and XXXX ) with the reduced payment amount I reached with XXXX XXXX. 
I was told in XXXX, we do not qualify for a Loan Modification with Midland Mortgage. Therefore I agreed to a Delayed Payment Plan for a six month period, because this seemed like my best option at the time. This plan is set to expire at the end of XXXX and I am still no closer to a resolution that is reasonable for my family. Midland Mortgage has informed us that we have two options : 1 ) Extend the Delayed Payment Plan for another 6 Months or 2 ) We can complete an application for mortgage assistance. In addition we have received statements from Midland Mortgage informing us that the repayment amount will be {$24000.00} due XX/XX/XXXX. At this current time I do not see many positive outcomes for my family and we are still hoping to avoid a foreclosure on our home.

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