Date Received: 2017-08-27
Issue: Managing an account
Subissue: Fee problem
Consumer Complaint: On Thursday XX/XX/XXXX I submitted two checks electronically ( I had left my debit card at a friends and had n't retrieved it yet ). Throughout the weekend and into Monday of the next week I used my card. The eclecteonic checks showed pending over the weekend and I was under the impression my account wa seer up that if I did n't have the funds my card would be declined. My card was not declined throughout the weekend. During Monday night processing, the debit card transactions all posted but the bank then posted the checks after the debit card purchases. Even though they had be submitted prior. I called the bank to dispute the fees because the ACH transactions had appeared on the account when purchases were made yet posted after the debit transactions. The agent ( and manager I spoke with ) said that posting order had been changed and now checks posted after debit card transactions. ( Which is think is predatory since they can no longer charge fees for debit card transactions that they authorize if funds are n't available. ) Neither the agent or the supervisor knew when the posting order had actually changed and when I asked the manager XXXX to speak with her supervisor about it I was told that I could n't speak to them and they did n't speak to customers ( I looked at the banks published information online as directed by the supervisor and qouter to her what the online materials said and she argued that that information was incorrect and that I must be looking at the wrong banks information ). I have since been charged another fee for sustained overdraft.
Company Response:
State: WV
Zip: 25404
Submitted Via: Web
Date Sent: 2017-08-27
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-25
Issue: Fraud or scam
Subissue:
Consumer Complaint: On XXXX15 during the blizzard in Massachusetts I had an insurance loss at my property located at XXXX XXXX XXXX XXXX Mass XXXX. XXXX XXXX issued me two check for the loss, totaling {$26000.00}. I then was instructed by XXXX XXXX XXXX XXXX to sign and submit the checks to them, the Mortgage Company would then set up a Draw account for payments to be dispersed in the amounts of {$8900.00} to the contractor in three increments, when certain percentages of repairs where done. The first check was paid to its rightful recipient, which was XXXX XXXX ( contractor ) XXXX XXXX The second and third checks were stolen and deposited into XXXX XXXX account with Citizens Bank XXXX, Mass. XXXX XXXX XXXX and XXXX XXXX XXXX were occupants of the mentioned property. By his own admission XXXX XXXX gave the checks to XXXX XXXX to deposit. I have also filed a complaint against XXXX XXXX regarding this incident and am currently in conversations with them. Citizens Bank, should have never cashed or either deposited or accepted this check from XXXX or XXXX XXXX whereas they were not payees on the Insurance check. Citizens Bank will not communicate with me, whereas they state I 'm not an active account holder. The Banks have regulations whereas third party checks with incorrect endorsements should n't be cashed. There were three names on the Check XXXX XXXX XXXX XXXX and XXXX XXXX. On one of the Check XXXX XXXX and XXXX XXXX never signed, however the checks were still excepted by a Citizens employee and negotiated. The contractor discontinued the repairs due to the funds not being paid to him. My basement still to date is n't complete and Citizens should be held responsible for returning the funds. Please find enclosed a copy of the checks that were signed by XXXX XXXX and deposited by either her or XXXX XXXX XXXX her son. Also find enclosed a copy of the contract proposal from the contractor XXXX XXXX.
Company Response:
State: MA
Zip: 02124
Submitted Via: Web
Date Sent: 2017-09-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-25
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: I AM A US CITIZEN LIVING IN XXXX. I HAVE A CHECKING ACCOUNT WITH CITIZENS BANK OF PENNSYLVANIA, XXXX XXXX XXXX. I HAD A DEBIT CARD ASSOCIATED WITH ABOVE ACCOUNT THAT EXPIRED XX/XX/XXXX. PREVIOUSLY EXPIRED CARDS WERE REPLACED AUTOMATICALLY. THIS TIME NO CARD WAS FORTHCOMING. I HAVE CALLED SIX TIMES THE TWO XXXX NUMBERS PROVIDED TO DEMAND A REPLACEMENT. EACH TIME I WAS TOLD IT WOULD BE SENT ASAP. THE MOST RECENT TIME I WAS TOLD IT WOULD BE SENT XXXX. NO CARD HAS YET ARRIVED. MY LAST CALL WAS YESTERDAYXX/XX/XXXX. EACH TIME I TALK TO A DIFFERENT SERVICE PERSON TO WHOM I HAVE TO REPEAT A LITANY OF SECURITY INFORMATION AND RECOUNT THE PROBLEM IN DETAIL. EACH CALL HAS LASTED MORE THAN 30 MINUTES, SOME OVER AN HOUR, SOMETIMES BEING PUT ON HOLD INTERMINABLY TO CONSULT A SUPERVISOR. SPECIFICALLY THE PROBLEM REVOLVES AROUND THEIR NOT BEING ABLE OR WILLING TO VERIFY THAT A CARD HAS BEEN SENT AND NOT BEING ABLE TO GIVE ME A TRACKING NUMBER FROM XXXX WHICH I NEED TO CALL THE LOCAL OFFICE IN XXXX XXXX TO DETERMINE IF IT HAS ARRIVED. THEY TOLD ME THAT A CARD HAD BEEN SENT BUT RETURNED UNDELIVERABLE, BUT XXXX DENIES THIS. I ACCESS MY RETIREMENT INCOME PAID TO THE CITIZENS ACCOUNT USING THE DEBIT CARD. WITHOUT IT I CA N'T GET MY MONEY. I NEED THE CARD NOW OR SOON I WILL BE WITHOUT CASH AND DESTITUTE. THEY MUST, IF AND WHEN, THEY SEND THE CARD, GIVE ME A TRACKING NUMBER. WITHOUT IT THEY CAN GO ON OBFUSCATING ( SHOULD I SAY LYING? ) INDEFINITELY. THEY ( THE SERVICE AGENTS ) SAY THEY ARE NOT IN CONTACT WITH THE XXXX OFFICE AND HAVE NO WAY OF SENDING ME A TRACKING NUMBER ; LIKEWISE, THEY WO N'T TELL ME WHICH XXXX OFFICE WILL SEND THE CARD, WHERE IT IS LOCATED, AND WHAT ITS TELEPHONE NUMBER IS. FOR TWO MONTHS I HAVE BEEN CALLING IN VAIN. I NEED MONEY NOW. WHO CAN MAKE THIS BANK SEND ME MY CARD?
Company Response:
State:
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-24
Issue: Problem caused by your funds being low
Subissue: Overdrafts and overdraft fees
Consumer Complaint: Citizens Bank has repeatedly ( betweenXX/XX/XXXXandXX/XX/XXXX ) played " fast and loose '' with the way charges post to my account, having them " clear '' in an order and way in which they are able to collect the most fees.
Company Response:
State: RI
Zip: 02909
Submitted Via: Web
Date Sent: 2017-08-24
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-22
Issue: Problem caused by your funds being low
Subissue: Overdrafts and overdraft fees
Consumer Complaint: Citizens Bank representatives provided me with false information which caused me to be charged an overdraft fee. I was given NO NOTICE of the fee until AFTER I deposited money to bring account into the positive. They did this so they could take their fee out before I could use the money to pay my bills. Supervisor said there is nothing they can do about their own representative giving LOYAL CUSTOMERS false information.
Company Response:
State: NY
Zip: 12302
Submitted Via: Web
Date Sent: 2017-08-22
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-23
Issue: Problem caused by your funds being low
Subissue: Overdrafts and overdraft fees
Consumer Complaint: Citizens Bank has been regularly reorganizing the order in which charges are processed through checking accounts in order to increase the amount of overdraft fees. Most recently I realized I was going to go into overdraft because a refund that was supposed to hit my account was applied incorrectly by the state. While they are researching where that money went to and my knowing that my account would now overdraft, I began taking screen shots of my account each day as I knew Citizens had a history of reorganizing transactions in order to increase the overdraft fees. I 've been charged {$100.00} so far for 3 transactions which I have printed documentation had not thrown my account into overdraft. When I called the bank they advised that a pending transaction caused those overdrafts and would not waive the fees. When I advised them that I had been taking screen shots of the banking site and printing the proper documentation that this was not the case, I was advised that they could only go by what the system tells them on their side and refused to refund any of the charges. The issues occurred on XX/XX/XXXX, XX/XX/XXXX. The three charges were for grocery shopping I did on XX/XX/XXXX. The transaction the bank claims to have caused the overdraft was processed on XX/XX/XXXX from a doctor 's appt. A full day later. Now of course this has thrown even more into overdraft and I stand to be charged another {$300.00} in fees. I do not regularly overdraft my account and am so disgusted that the banks get away with this. Another note is that we received money as part of a class action lawsuit just 2 or 3 years ago for Citizens Bank engaging in this very practice.
Company Response:
State: PA
Zip: 152XX
Submitted Via: Web
Date Sent: 2017-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-06-21
Issue: Managing an account
Subissue: Funds not handled or disbursed as instructed
Consumer Complaint: XXXX XXXX2010 XXXX XXXX Citizens Bank employee made unauthorized withdrawals from XXXX XXXX XXXX. Business accounts in the Amount of {$5600.00} XXXX XXXX, 2010 unauthorized withdrawals of {$4900.00} Check # XXXX XXXX XXXX, 2010 XXXX XXXX Citizens Bank employee made unauthorized withdrawals from XXXX XXXX XXXX. Business accounts in the amount of {$2500.00} XXXX XXXX, 2010 XXXX XXXX Citizens Bank employee made unauthorized withdrawals from XXXX XXXX XXXX. Business accounts in the amount of {$8500.00} XXXX XXXX,2010 unauthorized Withdrawals of {$6100.00} check # XXXX XXXX XXXX, 2010 unauthorized withdrawals of {$15000.00} check # XXXX XXXX XXXX,2010 XXXX XXXX Citizens Bank employee made unauthorized withdrawals from XXXX XXXX XXXX Business account in the amount of {$3500.00} XXXX XXXX 201 unauthorized transfers from another XXXX XXXX XXXX. Business account in amounts of {$2000.00}, {$7000.00} and {$3500.00} XXXX XXXX,2010 XXXX XXXX Citizens Bank employee made unauthorized withdrawals from XXXX XXXX XXXX Business account in the amount of {$4000.00} check # XXXX XXXX XXXX, 2010 XXXX XXXX Citizens Bank employe made unauthorized withdrawals from XXXX XXXX XXXX. Business Account in amount of {$16000.00} check # XXXX All checks were sent to XXXX XXXX residential in XXXX XXXX. XXXX.
Company Response:
State: DE
Zip: 199XX
Submitted Via: Web
Date Sent: 2017-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-21
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: I applied for a equity line of credit via Citizensbank, my bank. I submitted all the documents that they requested including my primary and secondary mortgage statements. I was told by a Citizensbank representative that if I ask for {$100000.00} or more, I can get a lower interest rate ; so I asked for {$100000.00}. I really needed {$60000.00}. I applied for the loan and provided the required documents. On XXXX XXXX, I was offered {$33000.00} line of credit. I inquired about a {$60000.00} offer and was told that the maximum that they can offer me was {$33000.00}. I accepted the {$33000.00} offer and I was told that I would have a closing within 1 or 2 business days. I did not hear anything after two business days. I called and left messages with my contact at Citizensbank and she all of a sudden stopped responding to my phone calls and text messages. I went to my local branch and spoke to the person who helped me initiate my equity line request. She spoke to someone from the Underwriting Department and I heard her say, " Did you guys tell her that? ". She told me that my contact person in Underwriting will call me. I did not receive a call. I had to call XXXX XXXX a few times. Finally, on XXXX XXXX, she called me saying that my loan offer was still on the table and that my file was sent back to Underwriting. I asked why, because I provided all the documents/ information that they needed and there is no new information and importantly, they had already made an offer of {$33000.00} which I accepted. She said that she would get back to me. She asked for information regarding my second mortgage.. I reminded her that that information was already provided with the initial packet. She then asked for the bankruptcy discharge. It seem that she was fishing for a reason for a denial. Thereafter, she got back to me and told me that the only way that they can offer me the line of credit is if I bring {$30000.00} to the closing. I told her that if I had {$30000.00} I probably would n't need a line of credit. I needed the line of credit to pay off my credit cards and do some repairs on my home. I owed a little over {$30000.00} in credit card debts. Her response was unless I bring {$30000.00} to the closing, I can not get a line of credit from Citizensbank. Subsequently, I received a denial in the mail citing my bankruptcy status and my debt to income ratio. All of this are information that they had previously when they offered me {$33000.00}. There was no new information submitted to cause Citizensbank to withdraw the {$33000.00} offer, which was accepted. No new documents were submitted. All the information remain the same. I feel that their offer of {$33000.00} and my acceptance of such should be legally binding given that all the information and documentation provided to Citizensbank has not changed from start to finish. This is a perfect example of unfair business practice and I feel that Citizensbank should honor the offer of {$33000.00} line of credit. Ciizensbank prides itself on helping its customers ; if this is the way they help their customers than this would be a great example of false advertisement and deceptive business practice. I have been a customer of Citizensbank for nearly 20 years. I am so disappointed in the way I have been treated. I have a different perspective of Citizensbank bank as result.
Company Response:
State: MA
Zip: 02124
Submitted Via: Web
Date Sent: 2017-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-23
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My name is XXXX, and my address is XXXX XXXX XXXX XXXX, XXXX, Massachusetts XXXX. I believe that my father XXXX XXXX XXXX was born in XX/XX/XXXX and after suffering from XXXX, among other things, XXXX XXXX in XX/XX/XXXXwas the victim of predatory and deceptive mortgage origination and servicing tactics related to a home equity line of credit that was established in XX/XX/XXXX. To my knowledge, the Bank that is the current holder of the loan at issue, its predecessor bank, and the bank in which the loan originated, are Citizens Bank, N.A., f/k/a RBS Citizens, N.A., s/b/m XXXX XXXX XXXX XXXX, respectively ( the Bank ). To my knowledge, the relevant loan number is XXXX, and file number is XXXX. My father entered into a loan agreement that used his residence as collateral : XXXX XXXX XXXX XXXX, XXXX, Massachusetts XXXX. He used the proceeds from this loan for improvements on this property. However, my father was never an owner of this property. Instead, XXXX XXXX XXXX XXXX was owned by my fathers second wife until her death in XX/XX/XXXX. I understand that the Bank should never have offered my father a loan using property he did not own as collateral. This was the Banks error. Yet, instead of acknowledging this Bank failure, the Bank has attempted to seek to enforce the terms of this illegitimate loan by attaching my home, XXXX XXXX XXXX XXXX, through means including threats of foreclosure in XX/XX/XXXX and most recently on XX/XX/XXXX, as well as a deceptive letter related to my tax responsibilities sent on XX/XX/XXXX. Accordingly, based on the below, I respectfully request your assistance to resolve this matter. OVERVIEW In XX/XX/XXXX, my father owned XXXX XXXX XXXX XXXX, and I lived there. In the application for the loan, my residence, XXXX XXXX XXXX XXXX, was listed as collateral. However, XXXX XXXX XXXX XXXX, my fathers residence is the only collateral listed in the final loan agreement. In XX/XX/XXXX, I was added to the deed of XXXX XXXX XXXX XXXX as a joint tenant along with my father. My father XXXX in XX/XX/XXXX. His wife XXXX in XX/XX/XXXX. My fathers wifes estate, administered by her children from a previous marriage, sold XXXX XXXX XXXX XXXX in XX/XX/XXXX to an unrelated third party. Based on questions to Bank representatives and a review of publicly available information, the Bank neither at the initiation of the loan in XX/XX/XXXX, nor in the time since has made any attempt to confirm the actual ownership of XXXX XXXX XXXX XXXX, which was the only property used as collateral on the disputed loan document. I, along with my sister who is the Executor of my fathers estate, have extended much effort to resolve the attempts to foreclose on XXXX XXXX XXXX over the last eight-plus years. The Bank has consistently failed to provide the necessary information to properly validate the loanas we have requested on numerous occasions. The Bank has failed to respond to two offers-in-compromise. We provided these offers, including hardship and settlement letters, as a sign of good faith and in an effort to end the Banks harassment. Further, the Bank has disregarded our written and oral attempts to dispute the debt, validate the debt, or ensure that our father actually entered into the loan with knowledge of what he was agreeing to. Instead, the Banks service representatives and foreclosure attorneys have misrepresented information, their respective planned actions, and flatly persisted in bullying our family. Although I have contacted and attempted to respond to the Bank throughout this last decade, I have not been able to stop this harassment or the threats to my home. As I am once again facing an attempt by the Bank to foreclose on my homewhich as I noted above was not used as collateral for the loanI would like to file an official complaint and request an investigation carried out by your Agency. I have limited means, and I need the help of my government to end this harassment. I have attempted to put together a timeline of relevant events, which is included below. This timeline is based on my best recollection of facts, and I have also provided some supporting documentation. RELEVANT EVENTS RELATED TO CONCERN WITH LOAN ORIGINATION 1. My father until his death banked at one bank : a Citizens Bank branch office located in XXXX, Massachusetts, which was close to his home. Upon retirement, his only source of income was from his Commonwealth of Massachusetts pension fund. He received approximately {$1600.00} per month, which was deposited directly into his account at Citizens Bank. His banking activities were relatively consistent over time ; {$1600.00} came in, and he wrote checks from this account for generally the same fixed living expenses e.g., utility bills etc. He did not use online banking or ATMs. Instead, he relied on the personal bankers within the Bank. As his health declined, he continued to go into the branch for his banking activities. At a certain point, however, my step-mother or I would drive and accompany him at the Bank. In my impression, he was always friendly with the bank staff. He knew them, and they knew him. 2. On or around XX/XX/XXXX, my father signed a home equity loan application at the same XXXX Citizens Bank branch. In the application, his residence was listed as XXXX XXXX XXXX XXXX, XXXX MA XXXX, and XXXX XXXX XXXX XXXX, XXXX MA XXXX was listed as collateral. The loan application does not have a check mark under use of property where the options are owner-occupied primary residence, vacation, or investment. Under type of property, there is a check mark selecting single-family. Although my fathers sole income was his pension of {$1600.00}, the handwritten application reads that his gross income was {$2400.00}. Based on the handwriting, my father did not complete the application form for himself. However, the document does bear his signature. 3. On or around XX/XX/XXXX, an Open-end Mortgage Home Equity Credit Line for a maximum of {$25000.00}, between Citizens Bank and XXXX XXXX XXXX was received and recorded by the XXXX XXXX XXXX of Deeds. This loan document registers XXXX XXXX XXXX XXXX, XXXX, MA XXXX as collateral for the loan. To be clear, the loan application listed the property at XXXX XXXX XXXX as collateral, yet the actual recorded loan document only identifies the collateral as XXXX XXXX XXXX, which my father never owned. 4. Based on a review of my fathers records, his bank account that was linked to this line of credit was at the same bank. Any payment was automatically deducted from this account. 5. To my knowledge, at the time of his death in XX/XX/XXXX, the loan was not in default. Instead, the Bank took an automatic withdrawal each month from his bank account. To my knowledge, this payment was for interest only, and not the principal associated with the loan. 6. Based on a review of my fathers records, he only used this home equity line of credit to make improvements on XXXX XXXX XXXX XXXX wifes home in which he lived. 7. Based on my understanding of the mortgage origination process that I have gained through this process, I am not aware of a financial basis that would have qualified my father for a {$25000.00} line of credit. A Banker at Citizens Bank completing an application for him would have known that his assets would not make him eligible for this line of credit. Further, a quick review of his account would make it clear to any Banker that his gross income was overstated, and his monthly expenses accounted for nearly the entirety of his actual monthly income from his pension. It stands to reason that a Banker would have also known that the only way he would have been able to pay this principal would be if he sold the home listed as collateral. 8. Finally, as the Bank staff knew my father, I fear that due to his age, mental state, and perhaps his trust of the local bankers, that he indeed did not question the product, and he was taken advantage of as he entered into this agreement. RELEVANT EVENTS RELATED TO ADMINISTRATION OF ESTATE AND BANK ATTEMPTED FORECLOSURE XXXX. My father did not pass away with a large estate. His estate was not able to fully cover even his funeral costs. 10. At the time that my sister was originally administering the Estate in XX/XX/XXXX, despite our belief that the debt was not legitimate, she offered the Bank the entirety of our fathers checking account and the proceeds from the sale of his car in a good faith effort to satisfy this debt. The Bank continued to accept payments from his checking account, but did not seek the proceeds of the sale of the carat which time we reasonably believed that the remainder of the debt was discharged. However, the Bank has persisted in its harassment to collect the remainder of the outstanding balance over time. 11. In XX/XX/XXXX, my sister as Executor of the estate received a letter from foreclosure lawyers, XXXX XXXX XXXX of XXXX, Massachusetts, representing the Bank in an attempt to foreclose on the property. To our recollection, both XXXX and XXXX XXXX XXXX were referenced within the Banks notice. We responded in writing requesting information about the loan. We do not have a record of that. But, we do have a cover letter dated XX/XX/XXXX in response from the Banks lawyers, which references receipt of our prior letter. 12. Based on a search of public records, I know that a Complaint was filed by XXXX XXXX XXXX in the Commonwealth of Massachusetts Land Court, dated XX/XX/XXXX, which moved to foreclose on XXXX XXXX XXXX XXXX. As noted throughout my letter to your Agency, XXXX XXXX XXXX XXXX, was not the property listed as collateral on the loan document. 13. XX/XX/XXXX, as we did not believe that the Banks lawyers were reasonably responding to our requests to perform a loan validation related to this loan and foreclosure, we filed a complaint with the Massachusetts Attorney Generals office. We do not have record of this complaint. We have checked with the Massachusetts Attorney Generals office, and the office does not have records of this inquiry either. However, after we made this complaint, and the Massachusetts Attorney Generals office got involved, we did not hear anything more from the Banks foreclosure lawyers, XXXX XXXX XXXX. Based on a review of publicly available records from the Commonwealth of Massachusetts Land Court, the lawyers indeed did not file anything further. Instead, to my understanding, the case was closed for statistical reasons in XX/XX/XXXX, which I have learned is the term used when a case has been indefinitely inactive and the filing party has not responded to inquiries from the court, which include an Order of Notice for Service. 14. Based on my handwritten notes, in XX/XX/XXXX, either I or the Estate continued to receive communication regarding this loan. I spoke with several Bank divisions and representatives in the following Bank departments : mitigation department, loan department, the foreclosure department, the Banks foreclosure representative, and customer service at CCO Mortgage. 15. Although the Bank has notice of the official address of the Executor, which is a XXXX, XXXX address, the Bank has persisted in sending announcements to the Estate to either XXXX XXXX XXXX XXXX or XXXX XXXX XXXX XXXX. In XX/XX/XXXX, the Estate received, despite it being sent to XXXX XXXX XXXX XXXX, a notice to cure the outstanding debt that had a total balance listed of {$24000.00}. The notice stated that if the default was not cured by XX/XX/XXXX, the Bank may take steps to terminate your ownership in the property by a foreclosure proceeding or other action to seize your home. Although XXXX XXXX XXXX was listed as the addressee of this Notice, through my widowed step-mother, I received the notice. As my home had previously been the target of the Banks foreclosure attempts, I immediately called the Bank to once again try to resolve this issue. 16. I spoke with numerous Bank representatives in customer service, the loss mitigation department and the foreclosure department to make it clear that there was no association between my fathers loan and my property. At the conclusion of these conversations, it was my understanding that the Bank would stop contacting me and the Estate regarding this account. I believed that the loan had been discharged. 17. Subsequent to the conversations with the Bank, I followed up again as I had not received anything in writing from the Bank indicating that the matter was resolved. At that time in XX/XX/XXXX, based on my handwritten notes, I was given direction by the Bank to submit a settlement and hardship letter. 18. In an attempt to finally resolve this matter, before XX/XX/XXXX, I wrote a settlement and hardship letter to the Bank, which referenced account number XXXX. In this letter, I noted, among other things, the following : a. As I discussed several times with representatives of the bank the lean with respect to my fathers loan is on a property other than mine. Through a great deal of research on my part I was able to find that there is a cloud on my deed by the equity loan that my father inquired from Citizens bank. I would like to resolve this matter as soon as possible ; in doing so, I would like to make an offer of {$10000.00} ( XXXX XXXX dollars and XXXX cents ) to close off this account. 19. This settlement and hardship letter/offer-in-compromise went unanswered. 20. On or around XX/XX/XXXX, I wrote an additional settlement and hardship letter, which read, in relevant part, as follows : a. This is in addition to the other hardship letter that you requested. I am presently un-employed and have been for the past 8 months my un-employment ran out about two months ago. The money that was offered to settle this matter on behalf of my deceased fathers equity loan I am borrowing to clear this matter up as discussed with several representatives of the bank 21. This additional settlement and hardship/offer-in-compromise letter also went unanswered. 22. Based on my handwritten notes, I called to follow up on these letters and spoke to several Bank departments including the foreclosure department and loss mitigation department. None were able to offer a clear resolution. Instead, on or around XX/XX/XXXX, I was directed to open a new account number. At the time, I wrote, Dont know why. 23. At some point during this time, based on my handwritten notes, I sent 60 days of bank statements as well as a copy of my fathers death certificate. 24. Further, at some point during this time, based on my handwritten notes, I sent paperwork to verify my income. 25. In XX/XX/XXXX, the Estate, addressed to the correct address of record in XXXX, XXXX, received a notice from CCO Mortgage that read in relevant part : Your account has been referred to me because we have received documentation from you indicating you would like a loan modification for the property at XXXX XXXX XXXX, XXXX MA XXXX. Neither my sister, on behalf of the Estate, nor I, at any time, requested to modify the loan. This is particularly true as neither the Estate nor I have any legal responsibility and/or claim to XXXX XXXX XXXX XXXX. 26. Based on my handwritten notes, in XX/XX/XXXX or XX/XX/XXXX, I faxed paperwork to Citizens Bank with property tax information for both XXXX and XXXX XXXX XXXX XXXX. 27. I do not have complete records of any correspondence with the Bank from XX/XX/XXXX/XX/XX/XXXX to the present. 28. Recently, the Estate received a letter dated XX/XX/XXXX from the law firm of XXXX, XXXX, XXXX XXXX, representing Citizens One Home Loans, which related to this loan. 29. In response, on XX/XX/XXXX, my sister as Executor responded, in relevant part, with the following : a. I am the executor of the estate of XXXX XXXX XXXX. I received a letter dated XX/XX/XXXX from Citizens One Home Loans regarding loan number XXXX. XXXX XXXX XXXX in XXXX. I no longer have easy access to the materials related to my earlier extensive correspondence with Citizens Bank regarding this loan both due to the passage of time and because I believed that we had satisfactorily resolved this matter. Can you please forward to me a copy of the complete set of the materials you have relating to this loan so that I may see what the bank is pursuing? 30. The Banks lawyers did not respond to this request to verify the debt. 31. In a letter dated XX/XX/XXXX, which was sent to XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and the address on file for the Estate, XXXX, XXXX, XXXX XXXX sent a letter which read, in relevant part, the following : a. RE : XXXX XXXX XXXX XXXX, XXXX MA Loan No. : XXXX File No. : XXXX .. Please be advised that the Note is in default for breach of the conditions contained in the Loan Documents, including your failure to make monthly payments due under the Note. The Lender does hereby elect to accelerate said Note and declares the entire balance due and payable forthwith and without further notice. As of the date of this letter, the amount secured under the mortgage loan is {$33000.00}. Because of interest, late charges and other charges that may vary from day to day, the amount due on the day you pay may be greater. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume the debt is valid. If you notify this office of your dispute in writing within 30 days after receiving this notice, we will obtain verification of the debt and will mail you a copy of such verification. Upon written request, within the 30-day period, we will provide you with the name and address of the original creditor, if different from the current creditor. 32. Also, although neither I nor the Estate has been served, I have performed a public records request, and I am aware that the same law firm, in a document dated XX/XX/XXXX, filed a Complaint to Determine Military Status. I have learned that this is likely the first step to a foreclosure proceeding. Further, the Complaint identifies me as the Defendant and it states that it relates to a mortgage covering XXXX XXXX XXXX XXXX, XXXX, and more particular described in said mortgage. 33. On XX/XX/XXXX, the Estate sent a letter to XXXX, XXXX, XXXX XXXX that, in relevant part, disputed the debt, requested validation of the debt, and was stated to serve as a RESPA Qualified Written Request, and TILA Request for Information and Complaint. Within the letter, my sister on behalf of the Estate, requested a confirmation of receipt of the letter within 5 days and an audit of the account within 30 days. As the Bank has referenced both XXXX and XXXX XXXX XXXX XXXX in its correspondence, the Estate requested such information related to both properties. To my understanding, accounting for relevant holidays, the 30 day time period for a response from the Banks attorneys fell on XX/XX/XXXX. 34. The Bank has not provided any response to the XX/XX/XXXX request to, among other things, validate the debt. 35. Also on XX/XX/XXXX, the Estate at the correct XXXX XXXX address received a letter from Citizens One Home Loans, which read in relevant part the following : Parcel No : XXXX. This situation is very serious and must be given your prompt attention. A recent review of tax records has identified delinquent real estate taxes and/or special assessments on your property. We, as the lender, have a security interest in the mortgage property and are entitled to be assured that the real estate taxes and/or assessments are paid on time. In the event that you are unable to provide us with acceptable proof of payment within 30 days of the date of this letter, we may without further notice elect to advance payments of the delinquent taxes, special assessments, charges, penalties, and interest as provided in your loan documents. Furthermore, an escrow account may be established for payment of future taxes. Your monthly payment will be adjusted accordingly. 36. In relation to the above XX/XX/XXXX letter from Citizens One Home Loans, all payments for taxes on XXXX XXXX XXXX XXXX, XXXX number XXXX, are up-to-date. Further, on XX/XX/XXXX, XXXX sent a tax bill for XX/XX/XXXX. This bill showed no delinquency. Although it was quite alarming to learn of the Banks XX/XX/XXXX letter and its characterization of my tax responsibility, to my knowledge, there is no delinquency on the tax payments for my home. * * * I was born in XXXX, and I have spent my life in XXXX. I have raised my children in XXXX, and I am a member of this community. Our neighbors are our friends. This is my home. I am seeking your help as it has become an insurmountable task to continue to attempt to take on a Bank that likely enrolled my father in a product without qualification or his full understanding and thereafter despite the fact that my property XXXX XXXX XXXX XXXX is not listed on the loan document, has attempted to foreclose on my home. A fair resolution of this complaint is for the Bank to stop attempting to attach my home to this loan, and for any outstanding debt to be discharged.
Company Response:
State: MA
Zip: 020XX
Submitted Via: Web
Date Sent: 2017-09-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-19
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: To Whom It May Concern : On XX/XX/XXXX I was pre-approved for a mortgage of {$200000.00}. I told the loan office my wife would be moving from XXXX to XXXX, XXXX before me as I was searching for employment. My wife already had a job in XXXX. It was never mentioned that I must show proof of income in XXXX. The loan process continued and I sent in XXXX 's, tax returns, ect. as instructed. I then paid {$550.00} for an appraisal that occurred on XX/XX/XXXX at XXXX. On XX/XX/XXXX I was contacted by XXXX XXXX and was told they needed my proof of income in XXXX. I stated, again, I would be living in XXXX, rent free, while I continued to look for employment. I went back and forth with the bank and eventually the VP of underwriting said my financing would not be approved. The financing was denied even before the appraisal results had come back. I requested a refund for the appraisal and home inspection ( {$300.00} ). I was told the inspection would not be refunded because it is required and the appraisal refund would be requested. I was told my appraisal would not be refunded because the bank did nothing wrong. I disagree with this decision and I believe the bank was deceptive by allowing me to pay for a service when they had no intention of financing this loan. I also believe they acted unfairly by never making sure I 100 % understood that financing while living in XXXX was off the table. I ca n't believe they would have the audacity to pre-approve me, take {$550.00} from me and then approximately two weeks before the scheduled close date inform me they will not move forward with the loan. I would like XXXX XXXX to refund my appraisal in the amount of {$550.00}. Thank you, XXXX XXXX
Company Response:
State: TX
Zip: 770XX
Submitted Via: Web
Date Sent: 2017-08-21
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A