Consumer complaint received 2025-02-13 00:00:00
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: MIDFIRST BANK
State: IL

Complaint narrative:
I respectfully submit this urgent request for immediate intervention regarding ongoing and unlawful foreclosure proceedings against my property at XXXX XXXX XXXX, XXXX XX/XX/XXXX IL XXXX, despite clear evidence that the mortgage debt has been fully satisfied. The imminent sale of my home is scheduled for XX/XX/XXXX, through XXXX, a sale that must be immediately stayed to prevent irreparable harm. 
I am the defendant in XXXX XXXX XXXX XXXX. XXXX, in Illinois, presided over by XXXX XXXX XXXX XXXX of the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX. Additionally, I have filed XXXX XXXX XXXX. XXXX to address numerous violations of my constitutional rights and federal law. Despite the submission of a Bill of Exchange ( BOE ) on XX/XX/XXXX, which was recorded on my XXXX Financing Statement and privately served open ended GSA Bond to XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX, to settle the foreclosure case, the court has failed to honor the BOE and GSA Bonds and continues to allow the foreclosure to proceed unlawfully. 
Factual Background On XX/XX/XXXX, I issued a Bill of Exchange ( BOE ) to the U.S. Treasury in satisfaction of the alleged mortgage debt associated with my property. This BOE was validly recorded on my XXXX Financing Statement, pursuant to the Uniform Commercial Code ( UCC ), which recognizes the BOE as a valid negotiable instrument under UCC 3-104 and 3-603. 
On XX/XX/XXXX, The GSA Bond was delivered in a private capacity toXX/XX/XXXXXX/XX/XXXX XXXX, who presides over the foreclosure case in XXXX XXXX XXXX XXXX XXXX Case No. XXXX, through XXXX, Manager of the XXXX XXXX XXXX XXXX XXXX XXXX, who confirmed on video that he personally delivered the instrument to XX/XX/XXXXXXXX. 
Despite being given 90 days to respond and comply, XXXX XXXX has remained silent, which under UCC 3-501 ( a ) constitutes acceptance of the instrument. Instead of applying the BOE to discharge the debt, the court continues to pursue foreclosure proceedings. 
The GSA Bond was open-ended, allowing XXXX XXXX to input any amount necessary to fully satisfy and discharge the alleged debt. 

Despite being given 90 days to comply, XXXX XXXX has failed to apply the bond or acknowledge it in any manner, constituting tacit acquiescence and acceptance of the bond. 

Instead of resolving the matter, the foreclosure case has been allowed to proceed, and a foreclosure sale is scheduled for XX/XX/XXXX, which is now listed on XX/XX/XXXX 

The bonds purpose was to fully satisfy the debt, close the foreclosure case, and protect Petitioners home located at XXXX XXXX XXXX, XXXX XXXX, Illinois XXXX. 
Legal Arguments 1. Violation of Due Process U.S. Constitution, Fifth and Fourteenth Amendments The foreclosure proceedings have systematically denied me due process. My requests for discovery have been denied, my evidence has been ignored, and I have been prevented from presenting my case in a meaningful way. These actions violate my constitutional right to due process and fair treatment under the law. 
2. Uniform Commercial Code ( UCC ) Satisfaction and Discharge of Debt UCC 3-104 establishes that a Bill of Exchange is a negotiable instrument.

UCC 3-603 ( b ) mandates that once such an instrument is tendered and not refused within a reasonable time, the underlying obligation is discharged. Judge Sullivans failure to reject or acknowledge the BOE constitutes acceptance by silence.

UCC 3-501 ( a ) confirms that an instrument must be dishonored or accepted, but the judges silence and subsequent actions indicate unlawful retention without discharge of the debt.

3. Federal Consumer Protection Statutes Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq. : Failure to provide validation of debt and misapplication of payments are violations of TILA.

Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 : Continuation of collection efforts after payment and failure to verify the debt constitute deceptive and unfair practices.

28 U.S.C. 1331 Federal question jurisdiction exists as Petitioners claims arise under the Constitution and federal statutes.

28 U.S.C. 1343 Federal courts have authority to redress constitutional violations and grant equitable relief.

42 U.S.C. 1983 The state courts failure to honor the GSA Bond and the continued foreclosure proceedings constitute violations of Petitioners civil rights under color of state law.

4. Illinois Foreclosure Law Violations 735 ILCS 5/15-1508 ( d ) requires that foreclosure sales be fair and just. Proceeding with a sale while the debt has already been discharged violates this statute.

Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/2 : The foreclosure proceedings represent unfair and deceptive practices.

5. Humanitarian and International Law The imminent eviction of my family of six without legal justification violates basic human rights as enshrined in the Universal Declaration of Human Rights ( Articles 17 and 25 ), which guarantee the right to property and an adequate standard of living.

________________________________________ Relief Requested Given the urgency of this situation, I respectfully request that the CFPB : 1. Immediately halt the XX/XX/XXXX foreclosure sale of XXXX XXXX XXXX, XXXX XX/XX/XXXX IL XXXX. 
2. Order XXXX XXXX XXXX XXXX to acknowledge and account for the bond. 
3. Enforce the acceptance and application of the open-ended GSA Bond served on XX/XX/XXXX, to satisfy the alleged debt in Case No. XXXX. 
4. Conduct an investigation into the actions of XXXX XXXX XXXX XXXX and all other parties involved in this unlawful foreclosure. 
5. Enforce the application of the Bill of Exchange and confirm the discharge of the alleged debt.

6. Protect my family from homelessness and uphold our constitutional and human rights.

Conclusion I have exhausted all remedies available at the state level and am now at my last line of defense. This situation is urgent, and immediate intervention is required to prevent a miscarriage of justice.

Thank you for your prompt attention to this matter. I look forward to your immediate response and action.

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