Consumer complaint received 2023-12-24
Product: Mortgage — Manufactured home loan
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: 21ST MORTGAGE CORP. (TX)

21st Mortgage misrepresented the terms of our mortgage loan and coerced us into encumbering the land that has been owned by my family for 20 years into a manufactured home purchase loan. When we struggled financially due to Covid our lender they refused to work with us and help or offer forbearance or CARES program and pushed us to foreclosure. We got approved for the Texas HAF program and they paid off our late payments and told us they would pay three payments forward so that we could get back on our feet ( through XX/XX/XXXX ). However, there was some confusion and the disbursement only went through XXXX and we found ourselves behind again. 21st Mortgage refused to work with us to get caught up and again put us into foreclosure. I made arrangements to reinstate the past due balance of the loan with 21st Mortgage but when I tried to pay them on the day of the sale date they changed their mind and said they would not accept. As a result our home was foreclosed on XX/XX/XXXX. We are scheduled to be evicted on XX/XX/XXXX. To make matters worse, we have been informed that we are not just losing the manufactured home, we are also losing the land that our family has owned for over 20 years. XXXX When we purchased the manufactured home with financing through 21st Mortgage in XXXX we were not aware that the land was somehow encumbered in the mortgage purchase loan. We are requesting copies of all documents related to the original mortgage loan specifically disclosures and documents that incorporate the land parcel and bundle it into the mortgage purchase loan. 

We paid as agreed on our loan with no problems until Covid hit our county and due to this disaster our income was negatively impacted and my school secretary job ended and we fell behind and 21st told us they had no programs to help. I found out about the Texas HAF program and was approved for the funds to pay back 21st Mortgage the missed payments and three months forward through XXXX. I had XXXX XXXX XXXX at that time and XXXX XXXX XXXX XXXX XXXX and thought mortgage was handled. 

When I tried to make the XXXX payment I was told that I needed to make a double payment because we were behind again. Due to my XXXX I was not working and we only had enough money for a single payment and it started a problem. They would not consider loss mitigation or repayment plan options and they told us that the home AND the land were going to be sold at auction on XX/XX/XXXX if we did not reinstate the loan. I was able to get family members to assist me financially and I reached out and spoke to XXXX XXXX in their office on Friday XX/XX/XXXX and told her that I was getting the money together to reinstate. She told me that I should get the money in before XXXX and I told her that I had XXXX and would send that immediately ( which I did ) and would be able to wire the balance on Monday. Since Monday was a holiday ( XXXX XXXX ) XXXX XXXX told me they would not be available to accept and that I should send the funds first thing on Tuesday  XX/XX/XXXX before the scheduled foreclosure auction at XXXX. When I called in to speak with XXXX XXXX Tuesday morning and send over the remaining funds to fully reinstate via XXXX she put me on hold to get the payment instructions but when she returned to the phone she said that she had spoken with her manager XXXX and that they were not going to be able to accept the balance of the reinstatement. Due to this misrepresentation by their agents, we did not have the opportunity to reinstate or the time to reorganize the debt through bankruptcy. 

I called the Attorney to get a status on the foreclosure and he said that the property went back to the bank at XXXX that day. So several hours AFTER I informed 21st Mortgage I had the balance to reinstate the loan the property went back to the bank. The Attorney did not understand why 21st did not accept the funds, they had accepted a partial payment on Friday XX/XX/XXXX.