• Report: #667850

Complaint Review: Midland Mortgage

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  • Submitted: Fri, December 03, 2010
  • Updated: Fri, December 31, 2010

  • Reported By: Brian — Nixa Missouri U.S.A.
Midland Mortgage
PO Box 268888 Oklahoma City, Oklahoma United States of America

Midland Mortgage Uninterested in helping deliquent borrowers. Not complying with HAMP requirements. Oklahoma City, Oklahoma

*Author of original report: Deceptive practice

*Consumer Suggestion: One point.

*Author of original report: Update

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I have been unemployed since 4/10. I have sold most personal property to maintain mortgage payments, as unemployment insurance does not cover it all. I submitted online application to Midland for their Deliquency Assistance, with their qualification stating "either currently behind in payments or anticipating falling behind". After recieving all requested documentation, Midland contacted me and simply said I do not qualify for ANY assistance because I am not at least 3 months behind in payments! What!?! This is contrary to their posted requirements and is irresponsible!

So they will only work with people who are NOT PROACTIVE about helping fix the problem before it gets out of hand? And 3 months wait?! After 3 months the property can be foreclosed! This seems more like a front under the guise of we'll help, but in reality delaying the inevitable until they can take the property away! Further, they did not offer any discussion of any other possible programs, including HAMP, which I understand they are required by law to offer me any and all possible avenues.

This report was posted on Ripoff Report on 12/03/2010 10:37 AM and is a permanent record located here: http://www.ripoffreport.com/r/Midland-Mortgage/Oklahoma-City-Oklahoma-73126/Midland-Mortgage-Uninterested-in-helping-deliquent-borrowers-Not-complying-with-HAMP-req-667850. 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:
2Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Deceptive practice

AUTHOR: Brian - (U.S.A.)

I reviewed www.makinghomeaffordable.gov and also spoke to an intake rep at the governments hotline, 889-995-HOPE. I AM eligible for Home Affordable Unemployment Program, and am likely eligible for Home Affordable Modification Program. Since my loan is FHA, and Midland is a HAMP servicer, Midland is REQUIRED to evaluate me for these programs and there are specific criteria and deadlines Midland must follow. THEY HAVE FAILED TO DO SO. Further, the supplemental deliquency contract I recieved from Midland to sign appears to put me into a position where I would later NOT qualify for the government programs by becoming too deliquent, and also requiring a lump catch up payment and late fees. Under the government programs, this is NOT ALLOWED. I did some additional research, and found that the Ohio Attorney General is suing a mortgage company for doing the very thing Midland appears to be doing to me!! Since eligibility for the government programs seems to change a lot and deadlines, etc., continue to be adjusted, Midland is backing me into a corner by having REFUSED my initial application submitted to them in mid November 2010. Dan Critchfield, Brianna, Midland Mortgage... you know who I am. I would encourage you to take care of this in the manner you should have done and get me qualified for the government programs, with an effective date of when you 1st recieved my application for assistance. Show me and anyone viewing this ongoing thread that Midland really can and wants to be a stand up ethical business and will do the right thing. AND THANKYOU ripoffreport for what you do. The reason I even got a call from Dan Critchfield was because this issue was seen!

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#2 Consumer Suggestion

One point.

AUTHOR: Flynrider - (USA)

"They are the mortgage holder. They can write a new contract however they want."

That's unlikely. What is more likely is that they are the mortgage servicer. Most mortgages have been packaged into pools and sold off to individual and institutional investors. As such, a mortgage can have multiple holders, all of whom have to sign off on changes to the original terms. That's one of the reasons that mortgage loan mods are rarely successful.

Forget what politicians tell you about the "help" you can get through their programs. It's mostly smoke and mirrors designed to make it look like they've done something. The only real way to protect your home is to keep the payments current. Once you get into the loan mod "trial period" (whichtempts many homeowners),it's a hole that few can dig themselves out of.

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#3 Author of original report

Update

AUTHOR: Brian - (U.S.A.)

I got a call from Dan Critchfield, said to be reporting to the VP of Midland Mortgage. About 45 minutes on the phone he said I AM eligible for assistance because I am unemployed and anticipate having financial difficulties paying the mortgage. He said Brianna will be folllowing up with me. I informed him Brianna is the one who originally contacted me and told me I was NOT eligible. He offered to work directly with me instead. So about 3 weeks after that call I get a document in the mail to sign that says I aknowledge I AM ALREADY DELIQUENT! I am not - I ANTICIPATE problems. It also requires that I acknowledge Midland is in no way modifying or relinquishing its rights to recovery. It also requires I acknowledge that Midland is in no way bound to continue to provide assistance at the conclusion of the 3 month unemployment forbearance. So in effect, Midland is saying go ahead and don't pay us for a couple months, then you have a baloon payment due in month 3 to catch up, there will be late fees applied, and we aren't required to do anything else. Essentially at that point I am 3 months behind and according to Missouri laws they could easily foreclose! Dan explained to me VERBALLY that Midland would continue to work with me for up to 12 months deliquency, and that at any point I could be reviewed for HAMP or other programs, but also acknowledged that based on my situation and expected unemployment period, I probably do NOT qualify. The bottom line is a representative of Midland is verbally telling me things that are not fully backed up by the document I recieved to sign, and that Midland is not doing ANYTHING to truly assist me. On the surface they are offering me a forebearance, but legally, they are not GIVING anything on their part - just "offically" allowing me to get further backed into a corner. How about a refinance? How about dropping a percentage point to make my mortage more consistent with todays market? How about forgiving interest accrued for a couple months? Midland is going to get from me every last penny they are entitled to, and they are not going to give me any consideration. They could. They are the mortgage holder. They can write a new contract however they want. Thank you Dan for your personal courtesy, but at the end of the day Midland has not assisted me at all. I understand they have no legal obligation to do anything. I wonder how much the CEO compensation is this year? With the recent extension of unemployment through 2012 I MAY become eligible for HAMP, which I hope Midland will review and contact me - it is my understanding they are REQUIRED BY LAW to review for HAMP eligibility, and since my unemployment situation appears to be changing, I hope they follow through with this. In essence this is just another example of greedy mega corporations who take take take and will not give a single thing back in MY time of need.

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