First Citizens Mortgage Complaint

First Citizens Mortgage department,

Other mortgage Loan modification,collection,foreclosure Florida

In - - I purchased a commercial property and - was the lender on the promissory note in which the commercial property was used for collateral. I made my payments faithfully and was never late. On - -, - I got an on demand letter from First Citizens Bank, from a - - who was a Senior Vice President of First Citizens Bank out of the North Carolina office, prior to receipt of this letter all my business was done with the local banker in - -, FL. On receipt of this letter I immediately called my banker, he indicated to be that he no longer could help me because the big guys upstairs took this over and wanted this note to end ''. I tried to deal with the above mentioned party to no avail. I was told that the full note was due and that if I could not pay, then I needed to consider selling the


sale contract in - of -. At this point I had paid into this property timely, timely, for 13 years!! In - of - the same - - from First Citizens Bank accepted an offer to sell the property for a proposed price of $340000.00 leaving me approx. $240000.00 short of paying off the note. The property then sold. At this point I was still current on all payment through - of -. I do not understand why I had to sell the property for which I had never been late paying on. I pride myself on my family values of paying what is owed on time always. So now the property is gone and on - -, - a year after the property was gone I received a Summons and a Complaint was filed in the - - - - - - - in and for - -, Florida. The Plaintiff First Citizens Bank and Trust Co, as survivor by merger with -, f/k/a -, filed suit against me, the Defendant in an action for damages in the amount of $240000.00. At that point I was like What!! '' the property is gone by duress, I feel that they forced my hand in selling the property, and now over a year later I am getting sued? I did not know what to do, so an answer with affirmative defenses and counterclaim was filed with the same court stated above. What good does it do to answer back, the property is wrongfully gone, they want $ - they will not negotiate and they will issue a - and I will be hit by income taxes that I will not be able to pay. Now it should be noted that the property that was pried from my hands unlawfully, ( it is proven that they did not even own the note, as the note was improperly executed in the merger ) is able to be sold for - - in less than 2 years, if the above mentioned bank would have allowed me to continue to pay ( as I did faithfully for 13 years ), I would of still have the property and their interest would of continued to have been protected as it had been for 13 years, now they want a default judgement on me. How can this be legal, it is certainly not fair, nor just.