Consumer complaint received 2019-01-14
Company: BMO HARRIS BANK NATIONAL ASSOCIATION
State: IN
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Closing on a mortgage

Complaint:
Help -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - I am a XXXX year old married man that had his house sold at a sheriffs auction on XX/XX/XXXX caused by a clerk in the XXXX XXXX XXXX XXXX in XXXX, Indiana in XXXX. The clerk put the wrong property ID on a 2nd mortgage document. 

This was caused by the 2 parcels of property that had the same address given my the county. The first property was my home on XXXX acres of ground. The second parcel was for XXXX acres of farm ground that was next to my home. The address was XXXX .XXXX XXXX XXXX XXXX. XXXX, In XXXX. It was given the same address since there were no buildings on it at the time and this would allow the tax papers to be sent to me. 

In XXXX, I had to refinance both properties taking our a 1st mortgage on both to pay for a divorce the home appraised for {$120000.00} and the ground appraised for {$75000.00}. I borrowed {$100000.00} on the home and {$30000.00} on the ground.. 

In XXXX, i needed some more money to do some things to improve the properties. I took out a 2nd mortgage on the ground for {$40000.00} as this was the only one that had equity that i could borrow. When the clerk typed up the paperwork she put the property ID for the house of XXXX acres on the paperwork instead of the ID for the XXXX acres. this was then all filed with the recorders office. no body caught this mistake. 

I sold the XXXX acres in XXXX because i was having problems paying the payment. To a neighbor. 

Now in XXXX i get papers suing me for the 2nd mortgage on the house.??? they said i had not made a payment since XXXX. It went to trail in XX/XX/XXXX. I had a lawyer from the Indiana XXXX XXXX , XXXX from XXXX in. a Mr. XXXX XXXX. A week before the trail he told me he could not help me anymore as he had done his 7 hours? 
I presented all this to the court in XXXX XXXX at XXXX, In and showed them the paperwork that i owned both pieces of property on the date of the mortgage and also the appraisals and what was borrowed. The judge found in favor of the plaintiffs even though i had shown how the mistake was made. the court s in XXXX are all pro business courts. We could not afford the $ 400/500 hr attorneys. the court then ordered the sheriffs sale of my home for XX/XX/XXXX. 

It was sold for {$66000.00}. that was over by {$10000.00} of what the judgement was for. To this day i do not know what happened to the money. where did it go? How do I find out? 

i contend that this sale was illegal to start with because of the error made in XXXX.We would like to have our home back now. I have lost my home and {$80000.00} in equality. 

I have all the paperwork to back up this claim but i need some help to get it done. I will be happy to bring all this evidence and sit down with you and show exactly what happened. The exact dates may be off a little but the years are correct. It is all in the papers. If you do not agree with me please call me and i will take you through it as i have went through this with 2 bankers and they say they have seen the problem and it is plain that i have been wronged and that I am correct in what happened.. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX, In XXXX 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