Consumer complaint received 2024-10-30 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: MIDFIRST BANK
State: OH

Complaint narrative:
Midland Mortgages persistent non-compliance with federal statutes and the Uniform Commercial Code ( UCC ). Despite repeated requests, Midland Mortgage has failed to provide necessary original documentation related to my mortgage, neglected lawful redemption of the negotiable instrument, and engaged in practices suggesting securities fraud and a lack of transparency. On multiple seperate occasions i have sent via certified main and registered mail documents with requests for specific information, XX/XX/XXXX I sent Midland Mortgage a Securities Fraud Letter via certified mail, addressing concerns regarding the handling of the mortgages negotiable instrument. No response was provided, despite documented receipt. 

XX/XX/XXXX I requested original mortgage documents, including the promissory note with my wet signature, deed of trust, and proof of full disclosure at the time of signing. This request received no response. 

XX/XX/XXXX A follow-up request was sent due to Midland Mortgages non-compliance. They again failed to provide the documents, indicating disregard for my lawful rights. 

XX/XX/XXXX I issued a formal Notice of Default to Midland Mortgage, outlining their violations of RESPA, TILA, and UCC provisions. This notice, along with a invoice, demanded Midland Mortgage comply with the UCC 3-501 right to inspect the original note and identified their failure under UCC 3-104 to redeem my negotiable instruments with written instructions. Midland Mortgages failure to produce documents, address securities fraud concerns, and rectify inaccuracies on my credit report constitutes multiple violations including 15 USC 1637 and 15 USC 1666B ( a ) - Late Payment Reporting Violation Midland Mortgage neglected to correct inaccurate late payment information on my credit report, in violation of federal law. 

15 USC 1681s-2 ( b ) - Failure to Investigate Disputed Credit Information As a furnisher of credit information, Midland Mortgage failed to adequately investigate my disputes or correct erroneous entries, reflecting a disregard for accurate credit reporting obligations.

15 USC 1692e - False or Misleading Representations Midland Mortgage provided misleading and false representations concerning debt collection and credit reporting, further compounding their misrepresentation violations.

12 USC 2605 - Real Estate Settlement Procedures Act ( RESPA ) Violation Midland Mortgage failed to provide the original deed and mortgage note within the legally required timeframe, violating RESPA and hindering transparency in real estate settlements.

15 USC 1681m - Failure to Provide Notice of Adverse Action Midland Mortgage did not issue notices of adverse actions based on credit information as required under the Fair Credit Reporting Act ( FCRA ), depriving me of my legal rights for redress.

15 USC 1640 - Civil Liability under the Truth in Lending Act ( TILA ) By failing to provide full and accurate disclosures required by TILA, Midland Mortgages omissions raise concerns of incomplete and misleading disclosures, violating federal lending standards. 

Uniform Commercial Code ( UCC ) Article 3 - Negotiable Instruments Midland Mortgage has failed to uphold UCC 3-501, which entitles me to inspect the original promissory note as a negotiable instrument establishing debt enforceability. Without the original document, the debt is unenforceable under UCC law, suggesting intentional avoidance of compliance with 3-104 requirements for negotiable instruments. Initiate a formal investigation into Midland Mortgages practices reg
arding securities fraud, failure to provide original documents, and lack of compliance with UCC 3-501 and 3-104.

Mandate Midland Mortgage to produce the original promissory note, deed of trust, and full disclosure documentation or confirm the unenforceability of the debt in the absence of these documents. 
Enforce financial penalties and sanctions for Midland Mortgages multiple statutory violations, including RESPA, TILA, and UCC non-compliance.

Escalate regulatory scrutiny as needed to ensure compliance with consumer protection laws and prevent similar misconduct in the future.

This complaint is accompanied by certified mail receipts, all formal document requests, the Notice of Default, and an invoice documenting each federal and UCC violation. 

Certified mail # XXXX ( XX/XX/XXXX ), XXXX ( XXXX ), XXXX ( XXXX ), 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