• Report: #1117241

Complaint Review: 21st Mortgage

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  • Submitted: Tue, January 21, 2014
  • Updated: Tue, January 21, 2014

  • Reported By: dgrant — Pipe Creek Texas
21st Mortgage
PO Box 477 Knoxville, Tennessee USA

21st Mortgage Harassment by repetitive calls and unwilling to assist co-borrower Knoxville Tennessee

*Author of original report: 21st Mortgage Corporation

*Consumer Comment: Read your note and mortgage

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Filed on : January 21 2014

Filed against :
21st Mortgage Corporation
P. O. Box 477
Knoxville TN 37901


Complaint Description:
Harassment by repetitive daily calls, text messages, and multiple emails. The mortgage is only 20 days delinquent and are threatening foreclosure. I am the co-borrower for a mortgage through 21st Mortgage. On October 28, 2013 the borrower abandoned the property. I contacted Jill Branson on November 1, 2013 to discuss the borrower vacating property. After several days of calls, and emails I was able to obtain a copy of the mortgage. I requested my options to for selling the home. I was informed that being a co-borrower I am unable to sell without written consent from borrower.

I attempted to contact the borrower from November 1, 2013 - January 21, 2014 by email, phone, and written letter. I received no reply to my requests. On January 10, 2014 Dan Milias from 21st Mortgage contacted me demanding payment for January. I explained the situation of having a buyer for the home and needed to sell. I was rudely informed that I am not able to sell due to borrows rights. I expressed concern of being "locked" into this mortgage with no way out. I asked if he has been contacting the borrow. He explained "NO", I am the financial responsible party and need to make my payment.

I explained that I have been trying to contact the borrower to sell the home and need a written letter to release the sale of the home. He explained that this is not his problem and I need to make payments. I have sent several emails to Mr. Milias detailing the issue requesting assistance from 21st Mortgage to sell the home. The interested purchaser has now lost interested and Mr. Milias is calling my work, cell phone, test messaging, and emailing me at work demanding payment. I asked that being 21st Mortgage has contact with borrower, please get a letter to release the sale of the home. He refuses to do so and contacts me multiple times a day for payment.

I have informed Mr. Milias that his harassment is unjustified being the loan is only 20 days late. He has now hit me with a $400+ in late fee charge. This mortgage is 3 years old and has never been late. I am now forced to use a 3rd party payment company that charge an outrageous fee for their service. 21st Mortgage will no longer take my credit cards, checks, wire transfers, or direct bank account withdrawals. The monthly payment has now almost doubled for just this month. This is outrageous and they are unwilling to work with me. I have been left with no other option but to seek legal representation.

Your Desired Resolution:
To be able to sell the home. If that is no possible, then be removed from the note as a co-borrower. I do not want to be "locked" into this high interest mortgage due to borrows neglect for financial responsibilities.

This case will be reviewed by a complaint specialist at the Better Business Bureau, and then forwarded to the business for their response. It is our policy to allow the business 30 working days to respond to your complaint. You will be notified when the business has responded.


This report was posted on Ripoff Report on 01/21/2014 11:04 AM and is a permanent record located here: http://www.ripoffreport.com/r/21st-Mortgage/Knoxville-Tennessee-37901/21st-Mortgage-Harassment-by-repetitive-calls-and-unwilling-to-assist-co-borrower-Knoxvill-1117241. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

21st Mortgage Corporation

AUTHOR: dgrant - ()

I appreciate the reply to the post an outling the contract.  This however does not excuse the harrassment, unforfessionalism, and outragious fees.  Forcing an individual to use a specific 3rd party payment company is pretty shady.  I have never seen a mortgage company create such much turmoil.  Each time i discuss this matter with 21st Mortgage, their per day fee changes along with my rights as a c-borrower.  To make matter worse, if their position is to NOT to get involved then they should stand that ground.  However, this is not the case.  They are playing the borrower and co-borrow to try and get double payments.  Knowone deserves to get multiple phone calls at work with an individual harassing you and threating you.  This is the reason I would like to warn people about 21st Mortgage.  Refinaiance if you are doing buisness with them.

Thank you again for your help advice.  I have obtained an attorney to assist with this.  This has been far from a wonderful experiance working with them.  I do not wish this on anyone, expecially if you signed as a co-borrower.

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#2 Consumer Comment

Read your note and mortgage

AUTHOR: FloridaNative - ()

First, I have no affliation with your lender. I am a consumer that is familiar with mortgages so here is a brief run down of how this works. You probably want to speak to an attorney and have him explain the promissory note and mortgage you signed so you have a complete understanding of your responsiblities.

1) The lender (or servicer of the loan) does not have the authority to initiate sale of the property at this point. In fact, they can do nothing at this stage but collection actions for payments; and if payment is not made, then they can initiate foreclosure action on the property in accordance with the default provisions of your note and mortgage. Once the foreclosure is completed, then the lender has the power and authority to sell your property.

2) You are the co-borrower. If you read the note, somewhere in the note it will say that you are "jointly and severally liable" for the repayment of the loan. That means the lender can come after you or the borrower or both of you for the loan payment and eventually the entire loan balance plus fees and default interest if applicable.

3) You can put the property on the market for sale with the cooperation of the borrower. It is up to you, not the servicer of the loan, to contact the borrower and make those arrangements directly. The servicer can not help with this at all. The servicer not only doesn't have the authority, but they don't have any sort of ownership of the property. The loan is a lien (mortgage) on the property and that is it. The servicer has to follow certain steps in order to foreclose on their lien/mortgage.

3) If the borrower won't return your calls or emails or other communication; then consider hiring an attorney to get in touch with the borrower. Perhaps the borrower will sign a power of attorney over to you to give you authority to sell the property.

4) The lender can not unilaterally remove you from the loan. You would have to refinance the property out of your name in order to get removed from this loan.

The very best thing you can do now to preserve your credit is to make the payment to buy you time to speak with an attorney to get all of your available options. If you don't make the payment the lender does have the right to come after you and/or the other borrower for payment. That was one of the rights you granted the lender when you signed the promissory note and mortgage. I hope you find a good real estate attorney to help you in your quest to get the borrower to face their responsibilities along side your responsibilities to repay or pay off this loan. Good Luck.

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