Consumer complaint received 2023-11-08
Company: FIFTH THIRD FINANCIAL CORPORATION
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process
Sub-issue: Fees charged

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 to consumer: Closed with explanation