Consumer complaint received 2019-01-30
Company: FIFTH THIRD FINANCIAL CORPORATION
State: SC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
XX/XX/XXXX CFPB Complaint Against Fifth Third Bank Fifth Third Bank has violated Federal Laws and Regulations in their pursuit to exploit and discriminate against me as a XXXX XXXX XXXX XXXX  Veteran. Their violations have not solely been discrimination against a former service member, and now XXXX veteran, but have included many egregious abuses including fraud, predatory lending, deceptive business practices and direct violations of the following Federal Laws ( not all inclusive ) : -Fair Credit Reporting Act -Fair Debt Collection Practice -Service Member Civil Relief Act -Consumer Financial Protection Act of XXXX Evidence to Support Claim of Federal Violations : Encl 1- XX/XX/XXXX, Fifth Third Bank Hurricane Assistance Solicitation Email : Bank offers hardship helplines and options because my home was in a Nationally Declared Disaster Area because of Hurricane Matthew. 

Encl 2 - XX/XX/XXXX Loss Mitigation Email : Fifth Third Loss Mitigation Rep XXXX XXXX emails me a Uniform Borrower Assistance Package after convincing me I can do a loan modification. 

Encl 3 - XX/XX/XXXX Loss Mitigation Package : Fifth Third Bank intentionally omitted to the HUD and XXXX XXXX XXXX XXXX XXXX that on XX/XX/XXXX, I submitted a completed loss mitigation package. This omission was intentional and was an effort to avoid extending the Making Homes Affordable Act available to me as it was ending XX/XX/XXXX. 

Encl 4- XX/XX/XXXX Letter : Letter from Fifth Third provided ONLY in an electronic form to the Consumer Financial Protection Bureau in response to a complaint I filed, which states clearly, I was approved for a Forbearance period of non-payment for hardship between the months of XX/XX/XXXX through XX/XX/XXXX. 

Encl 5 - XX/XX/XXXX Letter : Letter from Fifth Third stating on page ( 2 of 3 ) that We also reviewed the information reporting to the credit reporting agencies. Because your mortgage loan was placed on a forbearance plan for XX/XX/XXXX through XX/XX/XXXX, those months should not have been reported as past due to the credit reporting agencies. Therefore, we submitted an update to all four ( 4 ) credit reporting agencies to remove the delinquency reported for those months and to reflect that those months were in current status. This statement is an outright fabrication. This can be validated in the XX/XX/XXXX XXXX  Dispute Results. 

Encl 6 - XX/XX/XXXX XXXX  Dispute Results : demonstrate that Fifth Third never corrected their false reporting as they alleged to the CFPB. Their false credit reporting has led to my filing Chapter XXXX bankruptcy and is a blatant form of retaliation for filing a formal discrimination complaint with HUD, and complaints with the XXXX  and CFPB. 

Encl 7 - XX/XX/XXXX Serving Notes & Letters : Fifth Third Bank is shown to make numerous calls during inappropriate times, both early mornings and late nights. These calls are typically more than once a day and are harassing in nature, violating the Fair Debt Collection Act. There are several notes added that demonstrate several attempts I made to update my address or to get relief as an XXXX XXXX service member and XXXX service member is a National Declared disaster area, to no avail. On a note entry made XX/XX/XXXX, Fifth Third falsified a statement that I signed the Forbearance Agreement, which never occurred. 

Encl XXXX - XX/XX/XXXX Letter : Letter from Fifth Third is a response to a complaint a filed with the CFPB and includes falsified and intentionally inaccurate information to mislead investigatory entities from being made aware of the illegal and corrupt actions perpetrated by Fifth Third Bank. This demonstrates a clear-cut violation of the Fair Credit Reporting Act and has caused critical financial damage to me and my family. 

o In this letter Fifth Third states they received a hardship application on XX/XX/XXXX when in fact they received an application as early as XX/XX/XXXX ( attached A ). 

o In this letter it mentions a VA appraiser being unable to access the interior of the property after ( 3 )  attempts. However, said appraiser could not verify her identity ( see attached B email dated XX/XX/XXXX ) and I was unwilling to compromise the safety of my tenant. This appraiser had incorrect contact information for me, and I have attached the correspondence with her as evidence of her unwillingness to provide verification as to her identity. My tenant had children, therefore allowing an unidentified stranger into my home simply because they demanded access would have been dangerous and absolutely inappropriate. Furthermore, Fifth Third bank never mentioned anything about an appraisal or a scheduled appraiser coming to inspect the home. 

o In this letter Fifth Third reports to the CFPB that Our records do not show that we ever requested your birth certificate, and a birth certificate would not be a requirement for any hardship assistance application. This is yet another falsified statement made to mislead regulatory entities. Around XX/XX/XXXX, I was required to give my birth certificate as part of a hardship application, which I refused to do as the representative could not tell me what the purpose of the birth certificate was for. On that same day I filed a XXXX XXXX XXXX Complaint ( attached C ) against 5/3 Bank for their intrusive request for information specific ONLY to me and was contacted by a rep named XXXX XXXX, who left a voicemail ( attached D ) and I received a Letter from him as well dated XX/XX/XXXX with my correct mailing address in RI ( attached E ). No other person is required to provide a birth certificate and it is not listed as required documentation on any hardship application checklist, making it a requirement specific to me alone which is discriminatory. 

o In a Letter dated XX/XX/XXXX, ( attached F ) Fifth Third responds to my XXXX  complaint acknowledging the birth certificate issue and further validates that I was working with the LOAN MODIFICATION DEPARTMENT ; this letter was sent to my residence in Rhode Island ( this demonstrates that 5/3 had the correct mailing address, therefore chose to send time sensitive mail such as appeal letters to non-residence intentionally so I would not receive it in time ). This single letter alone is ample evidence to prove the XX/XX/XXXX Letter signed by XXXX XXXX contained intentionally erroneous information submitted to the HUD, FRB and CFBP where she  submits lies to further damage me and my family financially. Her misconduct, false credit reporting and the predatory lending for the express purpose for foreclosure on a XXXX veteran is illegal, exploitative and outright discrimination! 

o In a Letter dated XX/XX/XXXX, ( attached G ) Fifth Third sends back a non-approval letter to the property address I do not reside at knowingly, thusly denying me the opportunity to appeal or respond to the decision in a timely manner. This tactic is an intentional retaliatory effort because of the XXXX  complaint I filed on XX/XX/XXXX. I received a Letter on XX/XX/XXXX and XX/XX/XXXX at the correct address in Rhode Island without issue, but this very important letter went unread and I lost the opportunity to fight to save my home. It was intentional targeting because of my military status and reprisal for reporting. 

o In XX/XX/XXXX Letter signed by XXXX XXXX she states that my loan was again placed in a forbearance period starting in XX/XX/XXXX to XX/XX/XXXX, which means those months should not have been reported delinquent on my credit report either, but they were as witness in the XX/XX/XXXX Experian Dispute Results. This is more reprisal for reporting discrimination for being a XXXX veteran. 

o XX/XX/XXXX Experian Dispute Results : I disputed the erroneous delinquency report Fifth Third submitted against me on page ( 3 of 20 ), which records my mortgage payments 30 days late as of XX/XX/XXXX. Fifth Third knowingly submitted falsified information with the intent to commit fraud and was both willful and negligent non-compliance to the FCRA. 

Violation of : 623. Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( a ) Duty of Furnishers of Information to Provide Accurate Information- ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if : ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and 88 623 - 15 U.S.C. 1681s-2 ( ii ) the information is, in fact, inaccurate.

Encl 9 - XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX : This letter was in response to a discrimination complaint filed against Fifth Third with HUD, where Fifth Third furnished dishonest information for the express purpose to misrepresent the misconduct perpetrated by its employees which has ultimately led to my financial ruin and Chapter XXXX bankruptcy. 

Violation of : 15 USC 1692e 9 807 15 USC 1692e ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. 

Fifth Third Bank knowingly and intentionally reported false and inaccurate information to all ( 4 ) credit reporting agencies for the express purpose of causing financial harm to me by stating I was delinquent in paying my mortgage beginning XX/XX/XXXX to current, as a retaliatory effort for filing a discrimination complaint with HUD. Fifth Third Bank provided a falsified statement to the XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX, stating they submitted an update to all four credit agencies to remove the delinquency reporting for those months and to reflect those months as current. This statement is witnessed on the 5th page of the XXXX XXXX XXXX XXXX XXXX Letter and can be further verified by the attached XXXX  Dispute Results ( Report Number XXXX Dated XX/XX/XXXX ). 

The damages done by Fifth Third bank are irreversible. My home is in foreclosure and my family and I are facing homelessness due to the predatory endeavors of this bank. I have been targeted because of my military status, and am suffering ceaseless retribution for reporting discrimination. I have continued to be targeted despite providing evidence of Fifth Thirds discriminatory practices and will continue to reach out to Federal Agencies for aid, as Fifth Third is disgustingly unethical in their pursuit to foreclose on my home through illegal measures. I have reported their misconduct multiple times and provided ample evidence to support my claims and believe these actions to be retaliation for reporting them to the CFPB, HUD and Federal Reserve Board. I am now a XXXX XXXX  XXXX combat Veteran of 13 years and have been financially ruined and forced to file bankruptcy because Fifth Thirds refusal to correct the erroneous negative credit report against me. I have appealed to multiple agencies who have allowed Fifth Third to continue in this criminal activity and will soon be without a place to live. 

Since the XX/XX/XXXX Letter from the XXXX XXXX XXXX XXXX XXXX response, I have been placed in another Forbearance period, which was also reported to the credit reporting agencies as delinquent. Additionally, I attempted to sell the house in order to pay off the loan and settle the debt with Fifth Third bank, and they hindered the sell by refusing to provide a payoff amount until the day of closing, which was XX/XX/XXXX. They intentionally sabotaged the sell of the home and I lost the contract and am facing a civil suit by the interested buyers because they were unable to purchase the home because of the malicious hindrance of Fifth Third. This type of conduct was entirely counterproductive to recouping money and demonstrates spite and retaliation for reporting discrimination in the first place. 

I plead for assistance in this matter so that I do not lose my home. I am a single mother and care for my own XXXX mother, and Fifth Third bank is aware of those circumstances. I reassert that I am being targeted and discriminated against by Fifth Third Bank, and am now suffering retaliation for reporting their illegal conduct. They have done irreparable damage to my family and I. I request assistance from further harassment and abuse for being a XXXX veteran and ask for immediate assistance in the cease of Fifth Thirds targeting for reporting. Surely this bank will be held accountable for their corrupt and disgusting actions in wrongful reporting and malicious discrimination of a XXXX Veteran. They have ruined our lives and I now stand to lose my VA home loan entitlements because of their greed and illegal conduct. Thank you for your time.

Company response to consumer: Closed with explanation