For over two years I have been embroiled in an unholy war waged by Midland Mortgage against the Estate of my father. Midland has relentlessly attempted to profit by aggressively foreclosing on the property located in Philadelphia. My father passed away in February leaving a Will thus naming me as Executor Of Estate unofficially until the probation of the Will.
At the time I was deployed in the U.S. Army for the war in Iraq and was unable to proceed properly until such time I was released from duty. I properly notified Midland Mortgage of the situation who instructed me that no information could be divulged until my name was placed on the Mortgage with the proper documentation being a short form and a copy of an official death certificate.
I continued my duties as a United States soldier until I was give orders to stand down and return to Home of record in October. Upon return I embarked on the heavy task of processing the proper paper work through the Governmental bureaucracy of Philadelphia in order to probate the Will and officially named Executor of the Estate.
It was not until late March that I received the proper documentation required by Midland Mortgage in order to request information concerning my father's mortgage. I immediately sent all documentation to Midland Mortgage, but by this time Midland had pursued foreclosure scheduled for June 8th and repeatedly sent via legal counsel demands of threatening nature for payment in full in the amount of $35,000.00.
This payment was far from achievable being that I just returned from duty and was returning to work in the civilian sector as agency nurse. I contacted Midland Mortgage requesting all information concerning the loan and received information related to an insurance policy my late father had on the loan.
The representative I spoke to did not know what the insurance was for and told me to fill out the form and mail it to the insurance company. I did exactly that and included with the form an official copy of my father's and mother's death certificate and a short form. I never received any information in return and became preoccupied with the foreclosure which was close at hand.
Due to the aggressive nature of the foreclosure and my current financial situation I was forced to file for Chapter 13 in order to stop the Sheriff sale thus damaging my credit rating for years to come. There was no time to seek another loan given the time frame of the sale from the time I received and mailed the proper documentation to Midland thus changing my title from unknown Heir to Executor of Estate.
By this time I was under severe stress and mental anguish due to the excessive late fees and lawyers fees tacked onto the total due; ballooning to over $45,000.00. The Estate had become an additional financial burden which I was unable to carry at the time in light of the severe decreased in income caused by my deployment. I was forced, without success, to seek sub prime financial help. But due to the previous chapter 13 bankruptcy that became an impossible task.
Swamped in debt and brutally attacked by Midland in the form of litigation all the while Midland Mortgage KNEW that there was an insurance policy on hand to completely payoff the principal. It wasn't until well after the second foreclosure sale that Midland mortgage with great difficult and evasiveness; admitted that there was a policy paid monthly within the premium that paid the principal from the time of death.
Getting this information was like pulling teeth as it appears Midland Mortgage's main goal in this foreclosure was to make a hefty profit at the expense of this Estate. Midland mortgage employed underhanded and devious tactics in trying to steal this property by legal means in hopes that the Executor would not find out about the insurance.
Fact: upon talking to a representative at Midland Mortgage in questioning about the insurance, she was helpful in giving me the number to the insurance company, but claimed to not have any knowledge as to what the insurance policy did. Upon speaking with as representative at American Bankers, I question her concerning Midland's claim of not knowing what the policy was for.
American Bankers stated that this was not so and that Midland knew from the being that there was an insurance policy and what it was for. The representative also stated as fact that Midland has a copy of every insurance policy on file.
It stumps me to believe that Midland Mortgage does not know the function of 3rd party entities it does business with. That's not good business and just doesn't make sense. Midland also claimed when I questioned as to why they purchased the house, in which a rep at Midland mortgage stated that it would not be profitable to purchase the home as there was too many fees owed totaling 60 grand.
I guess this is the thanks I get for defending your freedom to foreclose on hard working, law abiding, and decent citizens of this great country. The Mortgage industry in America has become this nation's most dangerous enemy and operates under the guidelines of a terrorist organization.
This two year ordeal has caused me great stress and mental anguish. When I was released from duty in the War in Iraq, I never dreamed I would return home to fight another war in my own country against my own countrymen. I never thought I would have to struggle with thoughts of suicide in the mist of great failure and unbearable pressure. But GOD has provided a way of escape. From the day of eviction and from the litigation of my oppressors.
The simple fact that Midland Mortgage knew that this policy was in effect from the beginning and failed to disclose fully to me the details of this account. Sickens me. Midland has not dealt honestly with me from the beginning.
In this late hour Midland denied receiving death certificates and short forms which I sent in early 2004. It wasn't until numerous phone calls that Midland finally admitted to have them in another building on file; which would take 3 days to retrieve???
Midland Mortgage in March had me listed as power of attorney on the loan; which I never was so name by my late father. So in fact Midland Mortgage never had me on the loan properly and probably not on deed; which should have been done in 2004. I could go on and on, but I must prepare to end this war I did not start.
I have sought further legal counsel and have been advised that I have a rock solid case against Midland Mortgage for the stress and mental anguish alone.
By the time you finish reading this letter and similar more detailed account of this two year war will have be sent to representatives at ACORN, the FTC, JAG, WCAU-10 NBC, the Veteran Administration, the Better Business Bureau, state and local representatives, and the White House. A copy will be also sent to various consumer advocacy groups to bring to light the plight of predatory foreclosures and lending which is bleeding America dry and destroying the housing industry.
Yes I am open to peaceful and non-judicial resolution to this matter, but with all those fees I don't see Midland, who is bent on greed, agreeing to any amicable terms. I would like to thank Midland Mortgage for putting me through such a horrific ordeal and for the condolences even though it was two years late.
Richard
Philadelphia, Pennsylvania
U.S.A.
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