Date Received: 2018-01-20
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: Here is the letter I sent to the officers of 5th 3rd Bank this morning. It tells the whole tale. Good morning XXXX XXXX and other officers : I have a story to tell you regarding your fraud department, customer service and treatment of customers. I looked over your profile on XXXX and I thought perhaps I should contact you directly. Around XXXX, in between Sunday, XX/XX/XXXX and Monday, XX/XX/XXXX, two thieves who identified themselves as XXXX XXXX and XXXX XXXX were able to port two of our XXXX numbers over to XXXX. They didnt even use our names and they were able to do this deed. Ill take that up with XXXX later. After they were able to steal our phone numbers, they were able to transfer money out of our 5th 3rd Bank Account through XXXX. They drained our account. They transferred {$1500.00} to XXXX XXXX for car parts and {$1500.00} to XXXX XXXX. This seems to me to be an egregious breech of bank security. My husband and I never use XXXX, car parts are usually not purchased from a Realty company and two transfers to vendors we never used before in the middle of the night for the exact same amount should have been flagged immediately. However, that didnt happen. On Monday morning, when I discovered the transfers around XXXX XXXX, I immediately called the fraud department. They took my information, and told me that I would have a provisional credit at the latest on Friday, XX/XX/XXXX. I then filed a police report. At this point, the fraud department was very nice and seemed to be helpful. I called every day to see how the investigation was going and was told we were on target for a refund of my money on Friday every single day and by four different people. So, Friday rolled around and there still was no provisional credit on my account. I called your fraud department again to see what was going on. This time, I was rushed through to a supervisor, ( I forgot to get his name ), but XXXX put me through to him. The supervisor informed me that they were trying to get my money back, but that they had 10 days to investigate and if they couldnt get my money back then, I wouldnt get my money back. This situation is unacceptable. I went in to talk to my branch manager, XXXX XXXX. He also assured me that my money would be returned. So, we sat down and spoke to the fraud department together. They told him that they talk to me every day and that my money will be returned by next Friday. Im not sure I believe that, since the supervisor was quite clear that if 5th 3rd couldnt get the money back, then I would never see my money again. Whats the point of putting your money in a bank if its not protected. I have spoken to a friend, who is a bank president and he said although he couldnt say what 5th 3rd would do, at his bank, the money would be returned and a lot quicker than ten days. Anyway, Ive read all kinds of stories on the internet regarding your fraud department. I was misinformed for five days that my money would be returned this past Friday, and I got a totally different story from the supervisor than I did from any of the other employees. So, this morning I looked up all the officers of 5th 3rd bank and have copied them here on this email. Out of all of you, I hope one of you responds to this unacceptable situation. Sincerely, XXXX XXXX XXXX
Company Response:
State: GA
Zip: 30062
Submitted Via: Web
Date Sent: 2018-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-21
Issue: Trouble during payment process
Subissue:
Consumer Complaint: 1 ) In XX/XX/XXXX my first mortgage loan with XXXX XXXX was transferred to Fifth Third bank who purchased the loan. Per instructions from Fifth Third automatic payments that had been issued from XXXX XXXX were re-directed to Fifth Third. 2 ) The first payment ( XX/XX/XXXX ) was returned to XXXX because Fifth Third said the amount of the payment did not match their records for the loan that they had acquired. I later re-submitted this payment directly by check. 3 ) The reason the payment did not match Fifth Thirds records is because I had been in a dispute with XXXX XXXX about the amount of escrow payment they required per what I believed was an erroneous calculation of the escrow deposit. I adjusted the payment to what I believed was the correct amount. 4 ) XXXX XXXX had informed me in writing that they had adjusted the escrow amount, but later revealed that they had not in fact adjusted the escrow prior to the transfer to Fifth Third and that I should seek this adjustment from Fifth third. Fifth third informed me that this would take 60-90 days. 5 ) Unbeknownst to me, Fifth Third has a policy of not crediting mortgage payments that do not match their records on file. Instead they place payments in an account called unapplied payments and in one month actually returned a payment by check that was less than the amount in their documents. I also manually re-submitted this payment. 6 ) I was unable to get Fifth Third to review the situation regarding the XXXX XXXX payments, but on XX/XX/XXXXFifth third sent me a revised escrow analysis showing that I needed to pay {$830.00} to have sufficient funds in the escrow for future taxes and showing my new payment to commence XX/XX/XXXX. Please See EXHIBIT A 7 ) I paid the additional escrow amount and revised my automatic payments to the new amount ( {$2800.00} ), which payments commenced XX/XX/XXXX. 8 ) Prior to XX/XX/XXXX I made timely ( except for the returned payment ) regular electronic and manual payments to Fifth Third in amounts never less that {$2600.00}, or approximately {$700.00} more than the principal and interest ( which is {$1900.00} ) 9 ) Nonetheless Fifth Third declared me to be in default on the loan commencing almost immediately upon their acquisition of the loan from XXXX XXXX, because the miscalculated XXXX XXXX payments on file from the loan acquisition were {$3400.00}. 10 ) Despite numerous phone calls with Fifth Third collection personnel and letters to Fifth third I was not able to obtain an accounting that explained the escrow but also the status of my payments to Fifth Third, most of which were held in an unapplied funds account and were accruing and showing as much as over {$13000.00} being past due despite regular monthly payments. Unapplied account payments do not show up as payments resulting in highly distorted mortgage loan statements to borrowers, even though Fifth Third has the funds in its possesion. 11 ) Being frustrated by Fifth Third 's unresponsiveness, on XX/XX/XXXX I filed a complaint with CFPB which was promptly responded to by Fifth Third. 12 ) At about the same time, XXXX XXXX responded with apologies for their error and waived a late fee they had assessed and reversed a negative credit report they had sent to XXXX. 13 ) In responding to the CFPB complaint Fifth Third processed all the payments in the unapplied funds account, waived its late fees and as a result I began to receive relatively normal Monthly mortgage loan statements. Please see EXHIBIT B 14 ) NONETHELESS, Fifth Third did not respond to the issue of the difference in the payments made prior to the new Fifth Third payment beginning XX/XX/XXXX and the payments required in the XXXX XXXX documents. In other words, they did not address the underlying problem. Their monthly statements still insisted that I had a past due balance. Furthermore, they threatened negative credit reporting if that additional payment was not made by XX/XX/XXXX. Please see EXHIBIT C redlined sentences 15 ) Referring back to EXHIBIT B the XX/XX/XXXX Mortgage Loan Statement shows an escrow balance of {$5000.00}. The XX/XX/XXXX regular mortgage payment which postdates this statement added another {$840.00} to the escrow and the XXXX payment will add another {$840.00} bringing the total escrow balance as of XX/XX/XXXX to {$6700.00} The next tax payment due on XX/XX/XXXX will be {$5600.00} Please see EXHIBIT D If the taxes are paid on XX/XX/XXXX from the escrow, the remaining escrow funds will be approximately {$1100.00}. The regular XXXX payment will add another {$840.00} to to the remaining escrow funds for a total of {$1900.00} in escrow as of XX/XX/XXXX payment. 16 ) Please see EXHIBIT E. This is page 2 of the escrow analysis provided by Fifth Third on XX/XX/XXXX. Please note that by their own language and reference to Federal law it clearly states that two months of escrow payments is the required cushion for escrow accounts and that my escrow should never fall below {$1600.00}. Clearly, there are sufficient funds in the escrow account to meet that requirement even after the XXXX real estate tax payment. {$1900.00} is greater than {$1600.00} 17 ) Nonetheless, Fifth Third continues to insist that I should pay an additional amount of {$2800.00} which would result in an escrow balance of {$4800.00} as of XX/XX/XXXX if I were to pay that amount. In other words, they will not address the escrow error, they simply will not deviate from complying with the records they purchased from XXXX XXXX. 18 ) Despite my pleas to Fifth Third to rectify this situation, even citing that they would be in violation of Federal Law and their own policy with respect to the escrow, they did not respond to my requests after responding to the CFPB complaint. Apparently they concluded that they had rectified the situation by merely processing payments into a comprehensible mortgage loan statement. Please see EXHIBIT F as an example of my attempts to get them to address the situation. 19 ) Instead Fifth Third made good on their threat to report me as delinquent to credit reporting agencies, resulting in a reduction of my credit rating by 95-98 points. Please see EXHIBIT G 20 ) Summary of existing law : The Fair Credit Reporting Act provides protection against the misuse and misreporting of credit information. When creditors, collectors, or credit reporting agencies violate the provisions of the FCRA, it can cause a lower credit score, denial of credit, higher interest rates on loans and credit extensions, and more. Your creditor must not supply information to a CRA that it knows ( or should know ) is inaccurate. That includes : reporting a debt as charged off when you settled it or paid it in full misstating the balance due reporting late payments when you paid timely Definition of Willful A willful violation does n't just mean that you have to prove that the CRA or other entity actually knew that it violated your rights. Rather, it is enough to prove that it was acting recklessly -- that is, the CRA or other entity knew or should have known that it was running afoul of the FCRA. Damages for a Willful Violation If you can show that the credit reporting agency ( CRA ), information furnisher, or entity using the information willfully violated its obligations under the FCRA, then you may be entitled to recover up to all of the following damages : Basic Damages ( pick one ) : actual ( provable ) damages ( no limit ), or statutory damages damages between {$100.00} and {$1000.00} ( to get these you do n't have to prove that the violation harmed you ). 21 ) By repeatedly and deliberately ignoring my requests to rectify this situation and using derogatory credit reporting to bully me into overfunding the escrow account, Fifth Third has wilfully violated the Fair Credit Reporting Act.
Company Response:
State: IL
Zip: 60625
Submitted Via: Web
Date Sent: 2018-01-21
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-19
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I made my mortgage payment through Fifth Third Bank that was due on XX/XX/XXXX for {$1300.00} on XX/XX/XXXX. I made the payment online directly from my Fifth Third Checking account to my Fifth Third Mortgage. I have a confirmation from the Fifth Third Bank online banking history that shows the payment date as XX/XX/XXXX. However, they did n't post the payment until XX/XX/XXXX. This resulted in them reporting me in excess of 30 days late on my credit report. This is a direct violation of Reg Z that states I should be credited for the payment the day they receive the payment. In this case it was XX/XX/XXXX which is within the 30 day payment window for credit reporting purposes. The bank is permitted to post the payment when they would like but are n't permitted to impose any fines, late charges, or negative credit reporting due to the delay in posting. In this case they reported me over 30 days late because there was a delay in posting. I feel this is a violation of Reg Z and as a result I was reporting as being in excess of 30 days late. I am requesting my credit report be updated.
Company Response:
State: IL
Zip: 60010
Submitted Via: Web
Date Sent: 2018-01-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-18
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I am completely disgusted on the lack of communication and attention this file has received. I called today to find out if the value is in as it was completed on XXXX XXXX per the listing agent and I was told by customer services there was just a note in the system as of XXXX XXXX about loan modification. The opt out for the loan mod was even confirmed received by and confirmed by Supervisor XXXX XXXX on XXXX XXXX and XXXX XXXX stated on XXXX XXXX the file was assigned a short sale negotiator. I have had ZERO communications for said negotiator and this file has experienced one delay after another and it is completely unacceptable. The offer and complete packet were submitted over 80 days ago and there has been zero progress. It takes 5 outgoing emails to XXXX XXXX to receive a one sentence vague response. There is no excuse for the level of service that this file has endured.
Company Response:
State: WA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-01-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-16
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: My family went through some major health issues and workplace injuries and as a result we missed some mortgage payments. We have an FHA mortgage loan and immediately contacted our servicer, Fifth Third Bank. We tried to go through the process of fixing this problem by applying for a modification. We were told by their agents that we were approved, but then a few days later they told us we were NOT approved. This happened a SECOND time, being given misleading information and false hope. We were then told we needed to submit our financial information. This was an exercise in futilitywe provided all requested documents and would be told by Fifth Third that they had everything they needed. Then we would check back a few days later and be told that the same things that were signed off earlier were now needed again. It was an endless cycle and frustrating and we were never able to get a full review completed. We hired a third party to help but that went nowhere and now we are further behind and facing foreclosure. This was avoidable, if Fifth third were to conduct a review of our current and accurate financial income sources they would have been able to qualify us but all we got was the runaround. We believe that Fifth Third has misled and deceived us and denied us access to government programs that should be made available to struggling homeowners and wanted to file this formal complaint. I worked for years as a XXXX XXXX XXXX but ended up getting injured in an accident at work which started our hardship and problems with this loan. Due to my health issues I was forced to take an early retirement and survive on my pension as well as a part time job. My wife XXXX is still working as a XXXX XXXX and has been in this field for 17 years. When I got hurt at work I was unable to work and had major pain in my XXXX and XXXX. My company did not give me workmens compensation, they did not have sick days for me and I did not have any benefits. Just basically one day everything was fine and the next I was not working or earning any money and was overwhelmed with medical bills. Not long after that my wife XXXX also had health issues with XXXX XXXX in her XXXX and was forced to miss a couple of months from work as well. This led to default on our mortgage payment approximately two years ago. The following month we contacted the Fifth Third loss mitigation department to see if we could be considered for any homeowner assistance programs. As explained, we received conflicting information from the loss mitigation department and this quest for review for assistance programs became an exercise in futility. Their agents would give us false hope that this was going to get solved but instead we were being misled while we fell further behind. I dont know why it is so hard for Fifth Third to provide straight and accurate answers. These same people who initially told us we were approved became very agitated when we tried to call them out on their misrepresentations. Additionally, we have been receiving many nasty collection calls at all hours from Fifth Third and these just add to the stress we are under. My wife and I are both working and bringing in income. Our son and daughter both live here and contribute to the monthly bills and live here with us along with our XXXX grandchildren. We also receive money from a rental unit. When you add all the income together we have the means to make a reasonable payment again. Our hardship was temporary and we want to get back into good standing with Fifth Third. We want to fix this problem but need Fifth Third to play fair
Company Response:
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-16
Issue: Managing an account
Subissue: Cashing a check
Consumer Complaint: XXXX XXXX on XX/XX/XXXX allowed a person who cashed my life insurance policy which was only in my name who committed forgery signing my name to deposit the check into their account and not even endorcing to themselves. When I found out I went to the bank I contacted my life insurance company XXXX XXXX XXXX and got their fraud department involved in it. They took money back out of her account to send back to XXXX XXXX XXXX and the person gave false documents stating I had told her to do it. She used her own fax machine called pretending to be me and the bank then put the money back into her account. Then I told them oh wait let me show you exactly what was stated to me via text that a check came in both our names she did n't say what for I had recently XXXX my twin grandson and thought a donation I was in XXXX XXXX but I have XXXX and believe me I need my life insurance that my Grandpa started on XX/XX/XXXX. The bank sent back the money to XXXX XXXX XXXX again but then the insurance company sent me the check wanting an additional 400 plus more along with check to reinstate my policy because of penelties interest etc. gave me 3 weeks to send all that back. I did n't have the money my XXXX cost XXXX to XXXX XXXX XXXX. I lost my insurance for a mistake I was not even part of. I feel everyone was at fault but me. I did n't have money to hire an attorney so I lost all the way around.
Company Response:
State: OH
Zip: 43123
Submitted Via: Web
Date Sent: 2018-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-13
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: when to get my money out the bank refuse to give me my money because I did know the names of my business I was and a very car accident over a year half ago and I forgot I have that account but I gave my social security number and it was the same account and along with my identification
Company Response:
State: OH
Zip: 452XX
Submitted Via: Web
Date Sent: 2018-01-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XXXX XXXX, XXXX I called 5/3 Bank to have the reverse a payment to the principle of my mortgage in the amount of {$1100.00}. When they processed the curtailment, they processed incorrectly of {$1100.00} and additionally reversed the payment, of {$560.00}, on my mortgage for the month of XXXX. At that time, I did not realize the reversal occurred. My XXXX mortgage payment was auto deducted from my account of XXXX XXXX with no issue. On XXXX XXXX, I received a phone call from the 5/3 Bank collections department stating my mortgage was one month past due. Clearly I was shocked to hear this. I tried to correct the problem on this phone call on XXXX XXXX. I was told I was unable to make a payment at this time because they were closed. I called back to the customer service department on XXXX XXXX to fix the problem. I made the payment to make my mortgage, in 5/3 eyes, current. I explained my issue over the phone and filed a dispute against the delinquency that was now on my credit report with the 5/3 representative. I filed this complaint on XXXX XXXX. I called XXXX XXXX to follow up on this process and was told it was still pending. On XXXX XXXX, I called again to follow up on the progress and was told it was denied. The representative I was on the phone with recognized my issue and could see that it was bank error. I was told that a supervisor in the mortgage department was going to be reviewing my phone conversation from XXXX XXXX and I would receive a call the next day. I never received a phone call, so I called on XXXX XXXX to find out that the supervisor that was supposed to review the call was not working. I was directed to a customer service supervisor that told me he was going to follow up on my issue and call me back the next day. Again, I received no phone call. I called XXXX XXXX to see if there was an progress on my issue. I was put into the voicemail of the original mortgage supervisor that was supposed to review my call. By end of business on XXXX XXXX, I still had not received a phone call back from anyone at 5/3. I called again right before XXXX est and was directed to a different supervisor in the mortgage department. She stated she would file the request again for the call from XXXX XXXX to be reviewed. Additionally, she escalated my issue to the office of the president. I called back on XXXX XXXX to see where this process was. I was able to speak with the individual in the office of the president. She started that it would take 15-25 days to review and respond to the case via email. She was extremely rude and could have cared less about this issue and the fact that it had been pending for 2 weeks at this point. I am in the process of trying to get pre-approved to purchase a new home and because of 5/3 Bank 's error I am unable to move forward in my pre-approval process. I am seeking an end resolution that this delinquency be removed from my credit report so that my husband and I may buy a new home.
Company Response:
State: OH
Zip: 442XX
Submitted Via: Web
Date Sent: 2018-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-12
Issue: Trouble during payment process
Subissue:
Consumer Complaint: On XXXX XXXX, XXXX, I went into my local Fifth Third Bank and paid off my Mortgage Loan in full. I was told to pay my XXXX payment of Property Taxes. I went to the Court House and paid my Property Taxes. In XXXX I received a letter from the Court House that 5/3 had also paid my Taxes. I then went online to my banking and saw that my Mortgage had Not been paid off. I contacted the local branch and found out that instead of applying my money to payoff, they took out a payment that was Not due until XXXX XXXX, they had also paid the Property tax. This should never have happened as it was paid off on the XX/XX/XXXX Then by the first part of XXXX, I started getting collection calls on this Mortgage and also mail every day saying I was in default.I even received a Foeclosure letter via Registered mail.I have called faxed and gone into the bank daily to resolve this. I went in and paid the {$350.00} that they had paid on my property Tax. I keep getting told on a daily basis that this will be resolved in 2-3 business days. It has been 73 days. This is ample time. The money shows on the account as unapplied. I do n't know what else to do. I have my paid receipt and the payoff letter from them. I have hired an Attorney. This is Harrassment and I have spent countless hours trying to resolve this.
Company Response:
State: IN
Zip: 478XX
Submitted Via: Web
Date Sent: 2018-01-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-01-10
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: 5/3 bank jerked me around on a short sale on my home. They took much longer then promised and caused the buyer to walk. They then offered me a deed-in-lieu. I signed all the paperwork, appraisal was done and received by me stating to go ahead with the deed-in-lieu. Asked for an update in XXXX and was told that it was awaiting HUD approval or denial. Got told yesterday that they had closed my file on XXXX XXXX with no resolution from HUD.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-01-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A