Consumer complaint received 2025-08-12 00:00:00
Product: Mortgage — FHA mortgage
Issue: Closing on a mortgage — Changes in loan terms during or after closing
Company: Idaho Housing And Finance Association
State: TX

Complaint narrative:
On XXXX XXXX XXXX XXXX had a mortgage with XXXXXXXX XXXX XXXX  XXXX XXXX XXXX XXXX for {$130000.00} than note was than unlawfully sold to Idaho Housing and Finance Association. Idaho Housing and Finance Association sold XXXX XXXX XXXX in XXXX of XXXX I. NOTICE OF RESCISSION Pursuant to applicable federal and state contract law, trust law, and notarial law, I, XXXX XXXX, hereby serve formal notice that the mortgage loan agreement and all associated instruments concerning the property XXXX XXXX XXXX XXXX, TX are hereby rescinded and declared void ab XXXX, for the following material reasons : II. GROUNDS FOR RESCISSION AND VOIDING OF CONTRACT 1. Notary Fraud Fraudulent Execution of Mortgage Documents The mortgage and/or deed of trust associated with the above-referenced loan were not lawfully notarized. 

I was not physically present at the time of notarization as required by law. 

I did not sign the notarys journal/logbook, nor did I appear before the notary public. 

This constitutes a material defect, rendering the notarization fraudulent and void. 
The notarization process fails to meet state statutory requirements, thereby invalidating the instrument ( s ) under applicable real property laws.

2. Absence of Lender Signature Unilateral, Non-Mutual Agreement The mortgage instruments were signed only by the borrower. 

Neither XXXX XXXX  XXXX XXXX XXXX XXXX Services nor Idaho Housing and Finance Association executed or acknowledged the contract. 

This absence of mutual assent violates principles of contract formation, rendering the agreement legally defective. 

XXXX. Unauthorized Sale and Assignment Breach of Contract and Disclosure Failure The loan was sold or transferred to Idaho Housing and Finance Association without prior disclosure or consent. 

The original note and mortgage make no reference to Idaho Housing and Finance Association and provide no explicit, voluntary authorization for this transaction. 

The assignment represents a material modification of contractual parties without my consent or consideration, and therefore constitutes a breach of contract. 

I, XXXX XXXX, received no compensation or consideration for the sale or assignment of the obligation, representing unjust enrichment and constructive fraud.

4. Trust Law Violations The mortgage arrangement created a split in legal and equitable title, effectively forming a trust relationship.

The parties involved failed to uphold fiduciary responsibilities, disclose material facts, or act in good faith regarding securitization or resale of the loan.

These actions constitute breach of constructive trust, misrepresentation, and deception, in violation of trust and contract law. 

Idaho Housing and Finance Association also violated the Cease and desist sent by XXXX XXXX that was sent in XXXX. 

XXXX. DEMAND FOR CURE You are hereby notified and demanded to take the following corrective actions within XXXX business days of receipt of this notice : Acknowledge full rescission of the mortgage agreement and all related documents, including but not limited to the promissory note and deed of trust.

Remove any lien or encumbrance placed on the property at XXXX XXXX XXXX XXXX, TX and provide proof of such action.

Issue a release of lien/title reflecting no encumbrance and deliver a clean title to the undersigned.

Provide confirmation that Idaho Housing and Finance Association has no enforceable interest in the property or obligation. 

Cease and desist all collection, enforcement, or reporting activities related to this voided mortgage. 

Provide a detailed accounting of any and all assignments, transfers, or sales of the obligation, including compensation received by any party.

Company response to consumer: Closed with explanation