Loan modification,collection,foreclosure

Posted on Posted in Complaints, Mortgage

review

Sequence of events : 1. ) In XXXX – XXXX of XXXX, while negotiating with Fifth Third Bank our lending institution, to expand our line of credit, which was coming due in XXXX – XXXX, XXXX, they changed our loan officer from a woman, to a man XXXX, who I believe, is XXXX, ( this will become apparent as we go on ) & has caused the destruction of my business. ( He ‘s since been moved up the ladder. ) Following that meeting we were moved to loan workout for no apparent reason, we never missed a payment were late & broke no covenants, however soon after we were informed of a ratio covenant deficiency we believe was caused by them. In XXXX of XXXX, when credit facility ended, instead of offering extension, we were forced to sign a forbearance which said we admitted default, though there was none, but we had no choice, or declare bankruptcy, nor could we find an attorney willing to defend us.
Several other incidents took place forced by them including, bouncing checks, causing loss of our best supplier, further eroding our supplier base. We were then forced out of the bank to to an Asset Based Lender, who could not do real estate, our mortgage loans remained with Fifth Third, with the proviso that as soon as possible we ‘d get them refinanced elsewhere, which became impossible due to our losses & the hard line forced by Fifth Third.
In early XXXX, they began to further harass, & seek to foreclose, even though no payments were missed or late, again with the default complaint as the basis. We then hired an attorney who filed a motion in court to block their attempt, which held up until, XXXX of XXXX, & we were forced to file Chapter XXXX for the entities owning the properties, to protect from foreclosure which is where we stand today, with little less than 10 days to go, they have been relentless, ruthless & I believe XXXX in their pursuit, why else?
Summation : We have not caused the bank to lose any money, they were paid out.
For a covenant violation, they ‘re entitled to ; basically confiscate our properties & end all chances of our staying alive??
Continue to cause additional losses to XXXX & XXXX by litigation expenses, theirs & ours?? ( upwards of ( {$100000.00} ) As of XX/XX/XXXX They can always foreclose if we stop paying, they are the first lien holders!!
Why they want our properties, which are appraised for far more than the balances.
XXXX of the properties, is backed by the XXXX which generally does NOT allow foreclosure if paid regularly & on time.
SO WHY? There has to be some sinister reason for this action, there is no downside for them, why not allow us to maintain status quo?????

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