Consumer complaint received 2023-10-21
Company: Amos Financial LLC
State: IL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Trouble during payment process
Sub-issue: Paying off the loan

Complaint:
1.The original XXXX Mortgage was on XXXX XXXX XXXX, recorded on XXXX XXXX XXXX as document number XXXX. It limited the principal on the loan to {$150000.00} as a cap. 

2.Then on XX/XX/XXXXXXXX XXXX XXXX  myself and my Husband 's business partner, XXXX XXXX XXXX XXXX as well as, and in addition to, a Corporation they formed XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  obtained XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

3.The primary Borrower was the XXXX XXXX XXXX XXXX XXXX XXXX XXXX for {$92000.00}. The Corporation also signed the Note. 

XXXX. My Husband XXXX XXXXXXXX XXXX XXXXXXXX XXXX 's also signed " Personal Commercial Guarantee 's '' on XX/XX/XXXX. 

XXXX. XXXX & XXXX XXXX also pledged there home as " additional secured collateral '' in the event the businessXXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 's did not satisfy the and the personal guarantee 's of pledged their marital home in Tenancy-By-The-Entirety- XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CROSS-COLLATERAL XXXX XXXX 

6.I was told to sign the mortgage letting a mortgage be placed on the house related to the business loan- I received no money and no disclosures as required by TILA and I was not given the right to rescind or had anything explained to me- I speak very little XXXX. They also had me execute/sign a " Commercial not Residential Mortgage '' in violation of TILA regulations for a Residential " second mortgage '' with XXXX XXXX on XXXX XXXX XXXX  allowing their marital home to be used as " additional collateral '' for the Business ' Loan to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  as the primary secondary source of payment if the Business failed, which it did when the bubble burst. 

7.The XX/XX/XXXX Mortgage had a provision on page 11, para. Amendments that any " change '' or " " alteration '' shall not be " effective '' unless " signed '' by all parties to be bound. 

7.B. On XX/XX/XXXX XXXX recorded a Mortgage for {$200000.00} XXXX XXXX XXXXXXXX to secure a {$200000.00} Note. ( But they released this Mortgage on XX/XX/XXXX, only after the XXXXXXXX XXXX entered into the XXXX XXXX XXXX HAMP Loan Mod which modified the {$150000.00} Mortgage entered into on XXXX XXXX XXXX. ) C. More than likely the {$200000.00} XX/XX/XXXX XXXX XXXX paid off the XXXX Loan in full and gave the XXXX XXXX some additional money. The problem is they didn't do a HAMP Loan for the XX/XX/XXXX XXXX Mortgage Number 2- they did a HAMP Loan Mod for the Original XXXX XXXX XXXX  {$150000.00} " CAPPED '' Mortgage and Note, and even violated the terms of that loan as well!

8.However, then on XXXX XXXX XXXX, over XXXX years later after substantial money had been paid towards the {$92.00}, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX only sign a new Promissory Note which " modified '' the terms of the prior XXXX XXXX XXXX  Mortgage and Note- but I, XXXX XXXX did not sign, or agree to this in any way. THIS WAS A VIOLATION OF THE ORIGINAL MORTAGE SAYING I HAD TO SIGN ANYTHING WHICH CHANGED THE TERMS. 

9.The business ' went under and the XXXX XXXX XXXXXXXX don't know how much money XXXX XXXX received from either the Business or the XXXX ; 's. 

XXXX XXXX XXXX filed a Foreclosure, as did XXXX, XXXX XXXX XXXX XXXX XXXX house. XXXXXXXX XXXX XXXX was Voluntarily Dismissed on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

XXXX XXXX XXXX XXXX XXXX XXXX Discharge on XXXX XXXX, XXXX. 

XXXX. XXXX & XXXX signed XXXX XXXX Loan Mod on XX/XX/XXXX but it illegally modified the Principal to an amount in excess of the {$150000.00} up to {$220.00}, XXXX by capitalizing all of the outstanding Interest, Escrow advances, legal fee 's, deferred interest, costs, in violation of TILA, HAMP Federal Law, as well as the Original Mortgage Terms itself, as well as XXXX 's 11 USC 524 Post Discharge Injunction from his XXXX XXXX Discharge. 

13. XXXX then dismissed their Foreclosure. 

14. Then I, XXXX XXXX, filed my own XXXX XXXX on XXXX XXXX XXXX and received a Discharge on XXXX XXXX, XXXX but XXXX collected on the " VOID & ILLEGAL '' XXXX XXXX XXXX XXXX HAMP LOAN with the {$220.00}, XXXX Principal during her XXXX XXXX in violation of 11 USC 362 AUTOMATIUC STAY, as well as after my Discharge in Violation of 11 USC 524 as well. 

15. Then on XXXX XXXX XXXX recorded on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX the XXXX XXXX XXXX XXXX XXXX substantial Discount. 

16. Then on XXXX XXXX XXXX M-IIII assigned the Note and Mortgage to AMOS FINANCIAL LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

17. Then Amos filed Foreclosure 18 CH 1394 despite the original XX/XX/XXXX Mortgage and Note having a Venue Clause for XXXX XXXX. 

18.Then XXXX filed a Foreclosure on the HAMP Loan on XX/XX/XXXX. 

19. Then XXXX filed a XXXX XXXX XXXX  which was dismissed in XXXX 

XXXX. Then while the XXXX was pending Amos had their Foreclosure case Dismissed inadvertently. 

21. Then Amos filed a Motion to Re-Instate the XXXX Foreclosure. 

22.Then the parties went to mediation.

23.Then in XX/XX/XXXX XXXX and Amos entered into an agreement where XXXX agreed to bi-furcate their HAMP XXXX Mortgage into two separate priorities with Amos in second positron after {$170000.00}, and then XXXX in Third position for the amount after XXXX XXXX XXXX has been satisfied, Amos with interest is now owed in excess of {$150000.00}, effectively creating three separate liens on the property of over {$400000.00} without the Court 's XXXX XXXX XXXX CONSENT. 

24. They have not recorded this. 

25.Then we - The XXXXXXXX XXXX received the IFHAF HUD COVID {$60000.00} Grant, and also paid an additional {$4700.00} from their own funds to re-instate the Mortgage. 

26.AMOS also purposefully didn't include XXXX in the initial foreclosure in XXXX and just Amended their Foreclosure Complaint to add XXXX. 

27.Amos is trying to foreclosure as if they are in first position and they and XXXX changed the terms of our mortgage with XXXX illegally..

Company response to consumer: Closed with explanation