Consumer complaint received 2022-02-23
Company: FIRST HORIZON BANK
State: FL
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process

Complaint:
My name is XXXX XXXX XXXX. I am XXXX XXXX XXXX and a widow. My late husband and I were married for 43 years. He forged my signature on a first mortgage with the XXXX XXXX XXXX XXXX XXXXXXXX on XX/XX/XXXX in XXXX, FL while I was out of XXXX A HELOC in the amount of {$100000.00} was accessed that same day. On XX/XX/XXXX he executed a second HELOC with The XXXX XXXX XXXX XXXX as Trustee for First Horizon Mortgage XXXX XXXX for {$490000.00} which included a payoff for the XX/XX/XXXX HELOC. I was in Alabama and Georgia on both dates taking our daughters to their respective universities and have irrefutable proof of that in the form of witnesses, original credit card statements, and my day planner describing my activities and hotel confirmation numbers etc. The aforementioned banks know this to be true as a result of the 7 years of litigation that followed his death. 
My husband, XXXX XXXX XXXX was and attorney in XXXX, FL for 40 years. He XXXX XXXX on XX/XX/XXXX. Afterwards I discovered that between XXXX and his death he'd secretly forged my name on 14 mortgages, 23 bank and brokerage accounts, income tax returns, 23 annual bank financial statements and numerous contractual agreements with individuals and corporations. Following his death I was advised to file a XXXX  XXXX Bankruptcy for Individuals. The bankruptcy plan disputed the HELOC dated XX/XX/XXXX. 
The following timeline will explain the events that took place concerning these 2 loans as will a memorandum of law my attorney recently submitted to the court that I uploaded to your website. 
1. XX/XX/XXXX. During a title search on our home I became aware of the possibility that a second mortgage in the form of a HELOC may have been taken out on XX/XX/XXXX with First Horizon Bank. I called the bank and asked for information about this loan. I was told that the bank did not have a loan file, original mortgage or promissory note. 
XXXX. XX/XX/XXXX. My husband died. 
XXXX. XX/XX/XXXX. The XXXX XXXX XXXX initiated a XXXX  XXXX for Individuals Bankruptcy case on my behalf. First Horizon made a claim for {$500000.00} which was disputed by the plan. The plan agreed to pay the first mortgage with the XXXX XXXX XXXX XXXX XXXXXXXX. Unfortunately I hadn't discovered that mortgage was also a forgery until after the plan was approved. 
XXXX. XX/XX/XXXX. I put my home up for sale and had many showing but no offers due to potential buyer concerns over issues with the title. 
5. That same month first mortgage holder, the XXXX XXXX XXXX XXXX XXXXXXXX began pre foreclosure proceedings. This negatively impacted the value of my home. 
XXXX. XXXX. I applied for a Reverse Mortgage through XXXX XXXX XXXX. The agent 's name is XXXX XXXX XXXX. He advised me that the HELOC was not on my credit report but did come up in a title search. He requested a payoff amount 3 times over a 4 week period and received no response from First Horizon. An attorney in XXXX XXXX 's title department reached out to XXXX XXXX and was told they did not respond to the payoff request because they had no record of the loan. 
7. XX/XX/XXXX. I agreed to sell my house but the closing agent was unable to get a payoff number from XXXX XXXX so the buyer withdrew. I had received an unsolicited bank appraisal from First Horizon valuing my house at $ XXXX. 
XXXX. XX/XX/XXXX. My attorney, XXXX XXXX XXXX was successfully defending me in the foreclosure and reached a mediated agreement with both banks that would clear the title and allow me to sell the house. First Horizon ( the HELOC ) agreed to escrow the payoff amount, although a figure was not provided, until the litigation concluded and XXXX XXXX XXXX XXXX XXXX, having recognized my signature had been forged on both loans, agreed to withdraw the foreclosure for 6 months. 
XXXX. XX/XX/XXXX. During discovery First Horizon had admitted in writing that they did not have an original mortgage or promissory note. Florida requires these documents to establish a a mortgage loan debt. First Horizon failed to file an affidavit of a lost instrument in a timely manner and the statute of limitations governing this expired. My attorney subsequently filed a Motion for Summary Judgment and the court approved an affirmative defense in this matter and scheduled a hearing for XX/XX/XXXX. 
10. XX/XX/XXXX. I signed a contract with a cash buyer to sell my house for $ XXXX. {$900000.00} less than the aforementioned appraisal. The closing date was set for XX/XX/XXXX. 
11. XX/XX/XXXX XXXX XXXX XXXX signed a commitment to issue title insurance for {>= $1,000,000}. My closing agent, XXXX XXXX XXXX. XXXX, FL requested and received payoff figures from everyone who had a claim on the title except First Horizon. 
12. XX/XX/XXXX I was advised the closing was on track and to move out of the house before XX/XX/XXXX. In anticipation of closing I used all the money I had left to rent an apartment and moved out of my house. 
13. XX/XX/XXXX. First Horizon reneged on our agreement to escrow the payoff. Another request for a payoff amount was made but no response was provided. 
14. XX/XX/XXXX. My buyer agreed to the first extension on our contract. 
15. XX/XX/XXXX. The XXXX XXXX XXXX XXXX XXXXXXXX was granted a foreclosure date of XX/XX/XXXX. 
16. XX/XX/XXXX. Due to a court scheduling error the hearing concerning the missed statute of limitations deadline set for that same day was delayed until XX/XX/XXXX. The buyer granted a second extension. 
17. A new judge had been assigned to the case and stated she had not read my attorney 's memorandum of law that had been timely submitted and erroneously ruled that a lawsuit needed to be filed before a summary judgment motion could be heard even though 2 lawsuits were already in progress. 
18. My attorney filed yet another lawsuit against First Horizon and made another demand for a payoff amount. 
19. XX/XX/XXXX. The deadline for First Horizon to file an answer to the most recent lawsuit and demand for a payoff figure to be provided passed with no response from First Horizon.

20. XX/XX/XXXX. The XXXX XXXX XXXX XXXX XXXXXXXX foreclosed and gave me 60 days to pay the first mortgage. 
I have a buyer and I want to close and pay the XXXX XXXX XXXX XXXX but I First Horizon 's cloud on the title is preventing my buyer from getting title insurance. I am worried the banks have conspired to prevent me from closing. I understand to clear the title I must pay off the liens but the banks are preventing me from doing that.

Company response to consumer: Closed with explanation