Consumer complaint received 2022-02-18
Company: MIDFIRST BANK
State: TX
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
I purchased my home, the above address, in XX/XX/XXXX with an FHA loan as a single working mother. My loan is through Midland Mortgage. I got married the summer of XXXX. I am going through a divorce that has resulted from my husband 's assault with a deadly weapon and several other charges. My home is separate property, I purchased this home with only my name on the mortgage, title, deed, etc ... on purpose to save my children and I from any possible chance of my home being taken away from us. 

I have been on an 18-month COVID forbearance that ended XX/XX/XXXX. I was told that the amount of forbearance would be deferred to end end of my loan and would be due if/when I sold my home or paid it in full. My mortgage company knew I was separated and never asked for my husband 's signature on any documents at that time or said this would be an issue, and I did not think to ask as I am in real estate and know my home as separate property. I have been in contact with Midland Mortgage throughout the entire process. Towards the end of the forbearance I called them several times to make sure all was okay with my loan and asked them to recalculate my loan, making sure my homestead exemption was taken into account. When I called to make my first payment in XXXX, Midland Mortgage informed me they would need my husband 's signature on the paperwork and would need a divorce decree. I explained to them he has nothing to do with this, and furthermore don't have a divorce decree yet. They told me I couldn't make a payment and they needed to see my title. I sent them everything I could, including the public information on the XXXX XXXX 's website showing the house in my name only. I continued to be in contact with them, they would tell me my request was in processing a few times. I called them anywhere from 30-50 times. My divorce attorney, who is pro se and works with the women 's shelter that was helping me. She tried to explain to Midland that they were reading the law wrong-this actually is separate property. They would not budge. I had a representative with HUD contact them with me, they would not budge. My home is now in foreclosure with a sale date of XX/XX/XXXX, I was just informed!!! This is public information and I am receiving so manty calls and texts every single day. I do not want my kids to know this is going on as this is not their worry and/or fight. Midland has tacked on all kinds of fees and has added this onto my credit as being behind on my mortgage on my credit. Aside the facts that I have never missed a payment, all the PMI and downpayment and EQUITY I have built up over the years, and the amount they say I owe is way more than I even purchased my home for. How can my government-funded ( secure ) loan be foreclosed on in this manner, just by them misconstruing the law wrong? I have lupus and am a single mother on disability now. I am trying to get back to work, this has made me so sick! My children are teenagers now-daughter just started college and is living in my home and my son who is a sophomore in high school. My son has XXXX and has a pitbull for his best friend and therapy dog. I do not have a large income, being on disability, my credit is terrible now. I would not be able to afford or get approved for anything, and my son can not lose his dog!!! Any help that y'all can give us, is so appreciated! I was so excited you reached out to me, thank you!! You can contact me at your earliest convenience in any way with anything and if you get my VM-please leave a VM, thank you so much again and I look forward to hearing from you soon.

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 non-monetary relief