I obtained a loan with Associates Mortgage in 2000 for 89,000. Associates reported that they did not receive my first payment. I argued the point to no avail and resent the payment against my better judgment. I did so because I had sent a check and at the time could not produce a receipt. I made the second payment by check by phone. I requested a payment history several times over the course of this loan. Then I finally received a complete history showing the original payment was received and posted to interest only.
Associates sold my loan to Citifinancial in 2001. In 2002 Citifinancial stated I was in default by 2 payments. Again I argued this point through documentation to no avail. I agreed to a deferment, which was accepted, to bring the loan current and prevent foreclosure. Citifinancial then demanded the two payments upfront or face foreclosure again. I paid the 2 payments and proceeded to refinance this property. Citifinancial reported on my credit report that I had been 90 days late and sent me a payoff quote showing that I owed 4 deferred payments on top of this loan, thus reducing my loan to value ratio and preventing me from refinancing this property.
I took ill and was behind 1 payment. Citifinancial again offered a deferment, which I took, but it was noted for 2 payments. In 2004 Citifinancial stated I was again in default 2 payments. Although I argued this point, I knew it was useless, so I agreed to another deferment of 2 payments and proceeded immediately to Chapter 13 protection. I reaffirmed my loan in Chapter 13 and converted to a Chapter 7 after 18 months. Citifinancial then proceeded to petition the Bankruptcy Court with false and erroneous information, stating that they had not received a payment from me since July.
I went into a court action in the lower courts in 2006 and lost summary judgment because I represented myself and the judge did not review any documentation I presented to the court. Please note Citifinancial never denied my allegations against them. I filed a formal report with the Federal Trade Commission and the Attorney General's Office in the State of Indiana. An investigation was opened by the Attorney General's Office and Citifinancial was subpoenaed, but it has failed to respond. It has been 11 months as yet.
My home was sold and rebought by Citigroup for 52,000.00 in December. I maintain possession of this property to date. I obtained legal representation and filed an appeal with the Indiana Appeals Court, which agreed to hear this case. Citifinancial has yet to respond.
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