Consumer complaint received 2023-02-06
Product: Mortgage — VA mortgage
Issue: Trouble during payment process — 
Company: MIDFIRST BANK (CA)

To Whom It May Concern, 1. Midland Mortgage ( Mid First Bank ) is improperly processing Applications for Mortgage Assistance. The issue at hand is sometimes referred to as Dual Tracking. Dual Tracking is a deceptive practice that violates the terms of the Mortgage Assistance Application Process communicated by Mid First and is in violation of State and Federal Law/Statute.

Dual Tracking is when an applicant has applied for Mortgage Assistance, and he/she is told that collections are on hold while they work towards and amicable solution. At the same time and contrary to what is being communicated by the lender, the lender is actually moving forward with collections, sending official notification that the loan is in Default, Foreclosure, and other actions. After discussing this matter with my Veterans Administration representative, my representative is going to be discussing this illegal collections method ( by Mid First and other banking institutions ) at an upcoming Federal Government Meeting. 

2. It has also come to my attention that Mid First improperly assessed my previous application for Mortgage Assistance. This improper assessment limited my ability to participate in Mortgage Assistance that I qualified for. Essentially, they did not include my income for being a 100 % XXXX  Veteran ( over {$3000.00} monthly ) 3. Mid First is not evaluating my proposed 12 Month Repayment Plan ( dated XXXX XXXX XXXX XXXX XXXX XXXX ) in a reasonable amount of time. In fact, the only relevant communication I receive from Mid First occurs when I call every one to two weeks to check the status of my proposed Repayment Plan. Every time I call I am told that nothing has changed and I should try calling again in about a week. I generally send a follow up email as well that goes unanswered.

Its established by the numerous emails and documented calls, that I have consistently attempted to work with Mid First. I often called and emailed Mid First on a weekly basis. I have responded to any additional requests for information and documentation, and I have even preemptively provided documents that Mid First may need.

The actions of Mid First are outrageous. The actions and or lack of action by Mid First jeopardize my employment, risk the welfare of my family, and have caused undo pain and anguish upon my entire household. A full copy of this complaint is being provided to the United States Veterans Administration and State and Federal Agencies. If Mid First has not engaged in meaningful communication by XX/XX/XXXX, I will request the assistance of The Honorable United States Senator XXXX XXXX, The Honorable United States Senator XXXX XXXX, and the Honorable Congressman XXXX XXXX. I will also be seeking the intervention of the court where I will request General, Compensatory, and Punitive Damages.

Proffer : 1. I demand this practice of Dual Tracking and all collections actions to cease.

2. I demand an Official Letter from the lender that my loan is not in Default.

3. I demand that my current/past loan history reported to Credit Agencies be amended to reflect that my loan is current, I have never missed a payment, and the removal of any and all negative notices or comments.

4. I demand that Mid First agree to my proposed 12 Month Repayment plan ( email dated XX/XX/XXXXXXXX XXXX XXXX XXXX  ) in exchange for a payment of {$5000.00} that will be applied towards the past due amount. 

5. I demand the removal of any additional fees or monies beyond the principal amount past due, e.g., late fees, service fees.

Attached : 1. Letter from Midland Mortgage dated XX/XX/XXXX, that stating that my Mortgage Assistance Application was complete, and explaining that collection actions would be limited, i.e., they would not move forward with Foreclosure. 

2. Letter from Midland Mortgage dated XX/XX/XXXX, ( the exact same day they sent a letter stating that collections actions would be limited they sent another letter ) that stated my loan was in Default, demanded full payment of {$25000.00} by XX/XX/XXXX, or they may proceed with a Foreclosure.

3. Email communication dated XX/XX/XXXX to present, that shows that I have consistently communicated with and provided information to Mid First. More specifically, my email with the proposed 12 Month Repayment Plan ( dated XXXX XXXX XXXX XXXX XXXX XXXX ) that has gone unanswered, as well as follow up emails showing a {$5000.00} Good Faith Payment, and follow on requests where I have inquired about the status of my proposal.