Date Received: 2023-11-08
Issue: Trouble during payment process
Subissue: Fees charged
Consumer Complaint: As per your request I am providing you with a summary of the two foreclosure cases that you were unfortunately involved in. As you will recall, the initial case was filed in XXXX, see XXXX XXXX XXXX XXXX XXXX, Case No. XXXX, in which it was alleged that you defaulted on your mortgage in XXXX of XXXX. However, the mortgage default was inaccurate in light of the fact that you, as the homeowner, had made payments in the form of checks and wire transfers that were wrongly refused by XXXX at the time. A counterclaim was included with your Answer and Affirmative Defenses to the initial foreclosure filed by XXXX. The counterclaim included a claim for breach of contract, since XXXX had been improperly assessing PMI even though you had more than 20 % equity in the house, as well as claims for slander of credit and negligence. During the initial stages of the XXXX foreclosure case, money was placed into the court registry as per the Court 's Order. On XX/XX/XXXX, a Motion for Default was filed by XXXX against XXXX for their failure to respond to the counterclaim. In XXXX of XXXX, XXXX XXXX granted the motion for default, effectively defaulting XXXX for failing to appear at the hearing and not filing any sort of response. Based on the XX/XX/XXXXXXXX XXXX order a hearing on damages was thereafter required. As the XXXX foreclosure case progresses, in XXXX of XXXX Judge XXXX enters an Order for Disbursement of Funds from Court Registry as well as a Final Judgment on XX/XX/XXXX, disbursing the money being held by the court to XXXX, yourself, and XXXX. These Orders only address the funds held in the court registry and the foreclosure case, it did not address the pending counter claims ( which addressed the causes of action for XXXX 's wrongful foreclosure ). The XX/XX/XXXXXXXX Final Judgment states that the mortgage was to be reinstated, and that you would receive a proper accounting for the foreclosure. However, this order was never complied with by XXXX or the subsequent servicers. Again, your pending counterclaim was not dealt with. Unfortunately, XXXX filed its suggestion of bankruptcy on XX/XX/XXXX, which created an automatic stay in this case. A week or so prior to the suggestion of bankruptcy, a Motion to Amend the Counterclaim was filed, which was improperly granted on XX/XX/XXXXXXXX ( while the bankruptcy case was still in place ). Note, that no claim on your behalf was filed in the bankruptcy case, which would have preserved your claim. When XXXX finishes its bankruptcy case, the purchaser of the assets, purchased said assets without any successor liability. As a result, your counterclaim/issues could not be enforced against the purchaser and the subsequent servicers. When I took over the case at the end of XXXX, the procedural issues of the case were dealt with and as a result the case was dismissed. See attached the Order of Dismissal filed on XX/XX/XXXX. Throughout this entire period, no updated mortgage statement was provided by any of the subsequent servicers, and as a result no mortgage payment could be made. Several attempts were made to get information by XXXX and myself, but no one could provide any information as to the status of the mortgage, much less a way to make a payment. In XXXX of XXXX, XXXX XXXX filed a second foreclosure case ( Case # XXXX ) seeking to foreclose on your home for failing to make any payments during this ten year ordeal. I made several attempts to explain to counsel for XXXX the background that led to this issue, but they did not take it into consideration. As a result, during the mediation on XX/XX/XXXX, it was determined that your only available options were to reinstate the mortgage or pay it off, if not the house would be foreclosed on. If you have any questions or need additional details, please let me know. I tried to keep this summary brief and straight to the main points. Warm regards, We have all these documents available We would like to have XXXX XXXX re-evaluate these charges since they are Unfair and out of logic. We were forced to pay the charges. We were ordered to appear in mediation with an offer, XXXX and their lawyer appeared with the proper number for payoff. The mediator was not only astonished for their action of not having a real number but also for the XXXX lawyer 's unreasonable behavior and unwillingness to negotiate or produce the proper number, which was produced 4 days after the mediation and forty-eight hours before the court day. Under our counselor 's advice, we paid off. We would like to get help from CFPB in getting the proper fair amount and getting a refund of the unfair charges since we followed the court order and made the payment to the XXXX XXXX courthouse every month. For that reason, we believe that the interest rates are unfair please see the XXXX pay amount of {$240000.00} vs {$360000.00} and what we paid is a difference of {$110000.00}. The interest rate we were never able to get lower even though, at one point the interest rate was at 2 % and paid at XXXX. As you can see so much abuse from the banking system that even if you are right, you will never win. The PMI charges were ordered by XXXX XXXX to be removed, but it seems that they continue to be billed. XXXX where under XXXX XXXX and later XXXX. They sold the assets several times to avoid any potential liability and they did this through several banks XXXXXXXX XXXX to mention a few to have XXXX with the clear assets and leave the toxic assets outside. There are several cases against XXXX for defrauding the customer. Please see all our supporting documentation and if you need any further information, please contact us or our Attorney. XXXX & XXXX XXXX XXXX XXXX. XXXX FAX XXXX XXXX
Company Response:
State: FL
Zip: 33185
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-07
Issue: Closing an account
Subissue: Funds not received from closed account
Consumer Complaint: On XX/XX/2023, my wife and I went to Fifth Third Bank on XXXX XXXX XXXX in XXXXXXXX XXXX to open a 5-month CD and sat with XXXX XXXX XXXX Personal Banker I who did the paperwork to open this account. As you can see by the attached letter we received from Fifth Third dated XX/XX/2023, it shows that our CD maturity date was XX/XX/2023 ( today ) and the redemption value is {$12000.00}. We went into the bank to pick up our cashier 's check today and close out the CD account, XXXX XXXX told us the amount he showed we were to be paid was {$12000.00}. We showed him the letter we received with the amount we were due as {$12000.00}, they were shorting us {$12.00}. XXXX called his manager over to assist him, XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX could offer no logical explanation as to why the amounts were different. He told us it would take a couple/few days for them to try to figure it out and then would call us to come in and pick up our check. ( Attached is his email to us with his " explanation '' ). We told him we wanted interest for each day after XX/XX/XXXX since we wanted our redemption check today, and they were unable and could not provide us with OUR money! The incompetence that the employees at Fifth Third Bank have demonstrated has left us speechless. They are holding our money hostage because they can not figure out how to get us the amount due us since their computer is showing a different amount! How can a bank, any bank, be permitted to NOT return a customer 's money? This is a form of theft that should not be tolerated whatsoever.
Company Response:
State: NC
Zip: 28078
Submitted Via: Web
Date Sent: 2023-11-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-07
Issue: Problem caused by your funds being low
Subissue: Overdrafts and overdraft fees
Consumer Complaint: The bank as of XX/XX/23 started charging EXTREME overdraft fees. Initially my accounts did not allow me to overdraft at all. They tried to accuse me of doing this through the online application. I had no access to the online application due to technical difficulties with the application.
Company Response:
State: NC
Zip: 27701
Submitted Via: Web
Date Sent: 2023-11-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-07
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I recently signed up for a solar loan with Dividend Financial. The installer installed the solar panels but has not passed the city inspection. I communicated to the lender that the installer has not completed the project because the panels may be a fire risk or pose a risk to destroy my property without the city 's approval. The lender routed me to their Project Resolution Department, with an individual named XXXX XXXX I have been working with the solar installer to complete all the steps and set times to have my solar panels pass inspection ; however, my understanding of the loan docs is the panels are not installed until the city approves the installation. Moreover, the solar installer said they would cover the monthly payments until they completed the project and received approval from the city. The lender, Dividend Financial, said that because I have been in contact with the installer that they would not keep my case open and would not help me in the future because I'm in contact with the installer. Additionally, the lender said they would not confirm whether the installer will pay directly or I will have to pay and the installer will reimburse me.
Company Response:
State: CA
Zip: 94070
Submitted Via: Web
Date Sent: 2023-11-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: XX/XX/2023, amount {$1000.00}, actions that were taken by me is I reached out to Fifth Third Bank and explain the situation about the car payment the vehicle was totaled in a car accident someone hit me from behind so I was out of work waiting for the settlement to be paid and gap insurance to pay the remaining balance which was paid in full. The actions taken by Fifth Third Bank they reported a late payment on my credit report with all three bureaus. Which was out of my control.
Company Response:
State: VA
Zip: 22304
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-07
Issue: Closing on a mortgage
Subissue: Changes in loan terms during or after closing
Consumer Complaint: I purchased a home XX/XX/2023. My morgage lender was Fifth Third. My broker told me I could get approved for 3 % down and we proceeded. While at the 30 day mark for approval he says I must come up with an additional XXXX plus pay off XXXX credit cards. Again on last day. Then I did not receive 3 day disclosure and had to ask for closing amount the morning of closing to my shock that I now must pay another XXXX for car payoff. I was misled and had to drain all accounts. I'm a single mom and find this very unprofessional. And my broker who said he would be at closing never showed up but has text me asking for help 3 months later. There are many other details, texts, emails etc that were beyond unethical
Company Response:
State: FL
Zip: 33428
Submitted Via: Web
Date Sent: 2023-11-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Other transaction problem
Subissue:
Consumer Complaint: Won a lawsuit against XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX. MI XXXX in the amount of {$5.00}, XXXX for destroying my driveway. They did not pay, On XX/XX/XXXX XXXX a request for WRIT FOR GARNISHMENT was filed with XXXX XXXX XXXX XXXX XXXX, XXXX MI, XXXX against 5TH THIRD BANK, XXXX XXXX XXXX XXXX MI XXXX. I Received notice from the court on XX/XX/ that XXXX XXXX XXXX had " NO OPEN ACCOUNTS '' with Fifth third. I run a small landscaping company and at one time acctually bought Mulch from XXXX, I have two cancelled checks payable to XXXX drawn on Fifth third I used to pay for this mulch, made in the order of " pay t o the order of '' XXXX XXXX, I feel more investigation may be due, is some one twisting words, and XXXX is running over more people in our town as I am not the first this has happened to. They also hold a lot of monies witch could possible sway decisions. The bank Representative was XXXX XXXX LEGAL OPS. SPECIALIST FIFTH THIRD BANK, XXXX
Company Response:
State: MI
Zip: 49120
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Managing an account
Subissue: Problem making or receiving payments
Consumer Complaint: I received an offer in the mail to open a new checking account and earn a {$450.00} bonus if {$3000.00} in direct deposit was received within 90 days. I came into the bank and met with a representative. I asked the Fifth Third personal banker, XXXX XXXX, to see if deposits from my XXXX account would qualify because I did not have any direct deposits to assign that would qualify. She said she would check on this. XXXX informed me that this type of deposit would qualify, so I opened a checking account. I made a couple of errors in attempting to fund this account and XXXX corrected them for me. She informed me that I was still eligible for the {$450.00} bonus and should see it before my XXXX, or on my XXXX statement. I continued to fund this account with similar deposits and complete my qualifying. On Wednesday, XXXX XXXX, XXXX called me at XXXX XXXX as a follow-up to my becoming a banking customer, and again mentioned that I should be have received or soon be receiving my bonus. I mentioned that I had just received a statement recently, but had not looked at it. I ended the call and checked my statement. no bonus had been received. I called back at XXXXXXXX XXXX and my call was answered by XXXX XXXX, Assistant Branch manager. I asked about my bonus and she said that my deposits did not qualify. I told her that I had relied upon XXXX 's information and that i felt the bank should honor the deposits as qualifying. We spoke for 17 minutes. She refused. I set an appointment to see her on Friday. I contacted corporate headquarters and was told by Supervisor, XXXX ( ID # XXXX ) that the manager had the authority to make a waiver and allow the bonus to be paid. XXXX refused to answer my question, " What responsibility does the bank have to honor promises made to me by my personal banker? '' I also asked if I could be provided with the records which showed instances when my account was accessed by bank personnel. She said, " We do not provide these records to customers. '' I informed her that these records should be retained for a possible legal action. When I met with XXXX XXXX on Friday, she presented printouts that documented several different calls made to me by XXXX. She admitted that XXXX had initiated transactions to correct my depositing errors. She adamantly refused to honor XXXX XXXX 's statement to me that my deposits would qualify me for the bonus and refused to allow a waiver. She was unmoved by my argument that there was no reason to continue funding the account if there was no expectation of receiving the bonus. The printouts XXXX XXXX provided did not fully report all the contacts made by XXXX. XXXX XXXX also prevented me from speaking with XXXX about my initial contacts and her statement made prior to my opening the account. I believe that the mail offer became a " bait and switch ''. I made it clear that i came to the bank to avail myself of an offer they sent to me and that I had no intent to use this checking account, I declined the offer to print checks and also declined to receive a debit card for the account. I indicated that I intended to keep using my existing checking account with another bank in my very first meeting. I'm here for the offer.
Company Response:
State: MI
Zip: 49684
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: I made an overpayment on my Fifth-Third Bank credit card. I requested a refund for the overpayment and the bank said they could not perform an ACH transfer for the refund. They said they could only send a physical check. The check was sent but never delivered to me. I requested that check to be blocked and issuance of a new one. I requested this 3 times over the course of 6 weeks. I was not notified that those requests were all denied until 7 weeks after issuance of the initial check. Fifth-Third bank told me the check has been cashed and they could not issue me a new one. I requested images of the check endorsement, as it seems that the check was misdelivered or stolen and my signature forged. They refused and said they can not help me in any way
Company Response:
State: CA
Zip: 90042
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: XXXX XXXX XXXX Checking account Closing an account FIFTH THIRD BANK XX/XX/2022 Closed Company responded in accurately. They have me in XXXX XXXX and delinquent when they never paid the vendor to charge fees. When there should not had been a charge of over draft because I did no elect it. And when asked for the information they never itemized the charges in my compliant it sent to to me they just created an amount and kept charging fees for that defamation. I shouldnt had accumulated fees on a charge they never settled. This is and error and I want it corrected and removed from XXXX XXXX.
Company Response:
State: IL
Zip: 60612
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A