Consumer complaint received 2019-10-21
Company: HUNTINGTON NATIONAL BANK, THE
State: MS
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
on XX/XX/XXXX we re-financed an adjustable rate mortgage to a conventional mortgage with the Huntington National Bank and we paid origination fees to XXXX XXXX. We paid payments on time and never missed a payment since we had first purchased our home in XX/XX/XXXX until we had to file chapter XXXX bankruptcy in XX/XX/XXXX. We had given the mortgage to XXXX in the XX/XX/XXXX loan. When we filed our bankruptcy, we listed the Huntington National Bank and  XXXX as the creditor. About two days after we filed, we received a letter from debt collector XXXX XXXX XXXX on behalf of Huntington. On the top right side of the letter, there was a " XXXX XXXX DC Number '' written by XXXX XXXX XXXX. We have NEVER seen anything in writing with " XXXX XXXX '' before. We had a lift of stay hearing that was presented by Huntington 's debt collector XXXX XXXX XXXX. Their attorney stated on the record ( we have all transcripts ) that this was a Huntington National Bank Loan, they owned the note and they owned the mortgage because XXXX XXXX XXXX agent XXXX XXXX created an " Assignment of Mortgage '' from XXXX to Huntington on XX/XX/XXXX. Therefore XXXX XXXX XXXX agent owned the mortgage as well. We objected and the Court ordered briefs to be filed by XX/XX/XXXX. When that hearing came, the Court said the only reason we were there was a lift of stay hearing, so if we had any issue, we would have to take the matter up at state court. XXXX, XXXX our chapter XXXX bankruptcy was discharged. The secured debt to Huntington National Bank was listed as {$140000.00} ( +/- ). We filed a quiet title action in the State of Michigan XXXX County Circuit Court. This was against Huntington, XXXX, and XXXX XXXX. No party ever responded ( despite receiving green cards back with signatures ) and we obtained a default judgment quieting the title to our property. A few days passed, and we received a notice that XXXX debt collector removed our court case ( that was already decided in our favor ) to federal Court, using XXXX XXXX as the legal right to obtain jurisdiction in federal Court. XXXX XXXX XXXX then wrote in a brief to the federal court that XXXX assigned this mortgage to HNB prior to Plaintiffs initiated this lawsuit, and makes no claim to the property whatsoever. HNB is the recorded entity in the chain of title, evidenced by the assignment. It [ HNB ] is the holder of the mortgage ; the note was discharged by Plaintiff XXXX in bankruptcy. There is no recorded instrument vesting title to this property in any other entity. Def. XXXX XXXX is not asserting title to this property ''. We went back in forth at the federal court level, hired an attorney ( who later died ) and then hired another. Ultimately, we agreed to apply for modification and Huntington National Bank said we qualified, but when we wrote and asked for terms and conditions, they denied us. The Huntington National Bank filed notices in the county newspaper that Huntington was the lender, that Huntington wrote we owed them {$190000.00} ( +/- ) and that they would have sheriff sale in XX/XX/XXXX. We had hired a consumer protection lawyer who couldn't properly assist us. All told, we spent over {$56000.00} in legal fees. At the end of a hearing in XX/XX/XXXX, the Court ruled against our quiet title. On XX/XX/XXXX there was a sheriffs sale in the county. It was done by XXXX XXXX of XXXX XXXX XXXX debt collector law firm. It was credit bid BY XXXX XXXX for {$110000.00} XXXX XXXX did not have a record chain of title, they did not hold the mortgage or the note. The laws in Michigan are very clear, and the recording act is very strict because there is no judicial oversight on mortgage foreclosure by advertisement. There MUST BE a record chain of title. XXXX XXXX could not have placed a CREDIT BID if they wished to participate as a buyer, but only could have purchased at the price Huntington wrote in the notice of foreclosure. CASH. XXXX XXXX of XXXX XXXX XXXX responded to us in XX/XX/XXXX when we wrote XXXX XXXX XXXX on XX/XX/XXXX under the fair debt collection practices act request for information. He responded 62 days later ( 32 days after the 30 day required time period for response ) by  simply submitting that the debt is valid and the original credit to which this was owed was HNB. He sent a payment history and said that the Huntington National Bank was the beneficial owner and investor. We wrote to the Huntington National Bank board of directors in XX/XX/XXXX, to which they had a consumer advocate respond. She regurgitated that which XXXX XXXX XXXX stated to them, so we wrote another letter ( will be attached to this ) on XX/XX/XXXX. We also notified them that we were submitting the letter to you and the OCC. The Huntington National Bank  was the party who was the secured creditor, and they took the tax write off, they can not do anything else with the debt especially after they admitted they owned it to the federal bankruptcy court, and especially after the date of bankruptcy discharge. IF the amount due on XX/XX/XXXX had only been {$110000.00}, then how much less would it have been in XX/XX/XXXX? And, we also had to spend over {$50000.00} in attorney fees, costs, filing fees, etc. Further, the Huntington National Bank 's mortgage is still recorded and active under the original parcel number, and the redemption is recorded under XXXX XXXX, which has clouded our title! There are laws that protect the consumer from their fraudulent banking practices, and we would like the CFPB to hold Huntington National Bank accountable. We did redeem our property away from the fraudulent sheriffs ' deed, in order to protect our interest in our property.

Company response to consumer: Closed with explanation