Consumer complaint received 2022-03-11
Company: MIDFIRST BANK
State: ND
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
To whom it may concern : I am writing to day to to explain the last 4 yrs. of life and the hardship my son and I have faced. 
My son and I are both on XXXX and we need help from HUD or a lawyer. I believe our rights have been violated and we need someone's help. If nothing else just help us save our house. 

In XXXX my husband came to me and told me that the bills were piling up and he wanted to refinance the house. He told me he had looked at lenders and XXXX XXXX said they would help. 

When XXXX XXXX came back with the loan material I was not on the note. They offered to move him from a 15 yr loan to a 30 yr loan. Plus he would pull out equity to pay down bills. I didn't think this was a good idea I had been on the note for 15 years ; and now you want to take me off it? The gal on the phone explained to me I would have just as many rights as my husband. I would still be on the mortgage. I asked for time to think about things for a while. ( My credit was not that bad, I was working full time and bringing in XXXX ) The agent called two days later and said if we didn't sign the paperwork deal was off the table. 
Pressure from XXXX XXXX and my husband, I signed the forms but didn't realize just how much I was really giving up. This has been MY home since XXXX. My children and I moved into the house in XXXX before I married my husband. My mother even helped with the down payment along with the XXXX of XXXX. 

In XXXX I was released from my job due to illness. Doctors had discovered XXXX XXXX in my body. My knees are bone on bone and I need XXXX plus chronic pain. 
In XXXX of XXXX I found out that my x husband was involved in illegal activity so filed for divorce for my own protection. It was then that he left the marital home. 
I reached out to XXXX XXXX to ask for help and they wouldn't even talk to me. They didn't care because I wasn't on the note. Get a divorce call us then ; but pay the loan if you want to stay there. 
I continued with the divorce but my x wouldn't sign the paper work. He stopped making payments on everything. I was forced to run the divorce in the news paper for six months. I was finally granted a default divorce in XXXX of XXXX. 
The judge gave me the house back free and clear of of my x husband. He also issued a decree stating that if he did not sign a quick claim deed a summary of real estate would be granted by default. The county removed his name from the title on the home. 

By this time I had exhausted my XXXX and any unemployment benefits I had. On top of dealing with medical issues. Even though I called XXXX XXXX and asked to speak to someone about a modification I was denied. They wouldn't discuss anything with me because I was not on the note. I spoke to XXXX XXXX lawyers assistant and I provided them with my divorce decree. She assured me they would talk to me now because I was a Successor of InteresXXXX due to my divorce. They never did. The loan went to collections immediately ; and sold to XXXX XXXX in OK. 

XXXX XXXX XXXX XXXX Mid First Bank obtained my loan in XXXX of XXXX. I reached out to the bank to discuss a modification ; but they wouldn't talk to me either. It was the same story, you are not on the note. Meanwhile the foreclosure had started and the sheriff was coming to my home. How humiliating. I was getting no where with the courts, lawyers or bank. Even HUD wouldn't talk to me. 

In XXXX of XXXX I lost my mother to XXXX nothing seemed to matter at this point. I reached out to a realtor to sell my home in XXXX of XXXX. I was denied the right to sell. I was not on the note. My realtor resent my court documents of the divorce, Summary of Real estate & my taxes. XXXX XXXX would not budge and denied us the information we needed to proceed. They insisted on a Quick claim deed from my x husband. 

In XXXX pandemic hit ; I called in the end of XXXX and I was shocked when the man on the other end of the line was willing to speak to me. He granted me XXXX relief and I was ever so grateful. I also asked him what had changed ... Why was he talking to me now? He informed me that I became a ******Successor of interest in XXXX of XXXX!!!!! 
I asked him to send documents showing this. 
I requested the full amount of XXXX protection for myself and my son. I don't think we should have been granted this as we were already over the allowed days to get after the protection ended. 

My XXXX was granted in XXXX of XXXX. The judge informed me that my payment would start in XXXX of XXXX. This was great news!! My son and I want to stay in out home. Our combined incomes should allow for this. We have been here for 19 years does this mean nothing? 

My XXXX  protection was going to be up in XXXX the same time that my XXXX would start. I reached out to XXXX XXXX  in XXXX to get things started. Assumption paperwork was sent out but my signature and income wasn't enough? Things were never right they played with me like a mouse. I was told to put insurance in my name instead of my x husband 's name as a stipulation to assumption. 
Then they stated a modification couldn't be granted without the assumption. Or vs versa Then they wanted the outstanding paid off but if course we couldn't do that. We had been living off of my son 's XXXX for a year and a half. 

There was also an instance where my id didn't match my social security card so they wouldn't accept that. I had to go change my name on my ID so things matched Things were so frustrating working with customer service agents. Birth certificate were requested. 
I filled out two forms for an assumption one in XX/XX/XXXX and then another in XX/XX/XXXX notorized both. 
This assumption and modification have been denied. I was told to talk to HUD. 

We just went back to court on XX/XX/XXXX and the foreclosure had been accelerated. My x husband did not appear in court. We need help!!! 
This has been a horrible experience. 
This is why the courts put this law in place to protect the successor of interest. Both banks denied me this right. 

Now rates have started to increase. If the assumption would have been done in XXXX we would have had a better rate. My son and I should be allowed to apply for homestead rights. My son is fighting for his home I am just his voice. It is in his benefit to stay in his home. 

XXXX XXXX Sent from XXXX Mail on XXXX

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