Consumer complaint received 2022-04-26
Company: TRUIST FINANCIAL CORPORATION
State: VA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
On XX/XX/XXXX several hours before the final settlement of the sale of my property ( XXXX XXXX XXXX, XXXX, VA XXXX ), I was informed by the settlement agent ( Smart Settlements ) that the title search on the property ( XXXX XXXX XXXX ) had just come back and showed that the Certificate of Satisfaction to clear the Deed of Trust ( XXXX XXXX PG XXXX ) from a XXXX refinance on the property had not been recorded into Land Records with the City of XXXX, VA. This Deed of Trust was issued by XXXX XXXX Mortgage, a division of Virginia XXXX XXXX Bank which has been succeeded by Truist. 

In order to proceed with the settlement, XXXX XXXX required me to put $ XXXX of the proceeds from the sale into an escrow account with them until the lien release could be obtained. 

XXXX XXXX sent an email to XXXX on XX/XX/XXXX requesting the missing certificate of satisfaction to indicate that the XXXX was satisfied. They received an auto reply from Truist that they would have an answer in 10-30 days. As of day 30, XXXX XXXX had not received any communication from Truist, and sent another request. As of today, XX/XX/XXXX, 66 days later, they have heard nothing and my $ XXXX is still in escrow! 

Actions Ive taken include : 2 visits to land records 1 visit to a local Truist bank manager, who sent an email on my behalf Posting a plea on XXXX @ Truist which got a modicum of a response Calling Truist customer service multiple times between XX/XX/XXXX and XX/XX/XXXX Hiring a real estate attorney, XX/XX/XXXX Finally after many hours on the phone XXXX Truist and people passing the buck, I received a case number # XXXX and a case manager named XXXX XXXX. However Im not allowed to talk to XXXX XXXX directly. 

Background : On XX/XX/XXXX, I refinanced my original mortgage for the property located at XXXX XXXX XXXX, with XXXX XXXX Mortgage, a division of Virginia XXXX XXXX Bank, XXXX. Based on documents I have in my possession, including a HUD-1 and Tax Mortgage Interest Form, I believe Southern XXXX XXXX  sold the loan to XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX, NC, XXXX ( # XXXX ). Based on the HUD-1 from my second refinance, the first refinanced loanwas paid in full in XX/XX/XXXX, when I refinanced for the second time. The first refinanced Mortgage is dated XX/XX/XXXX ( FHA Loan Number XXXX ) City of XXXX Deed Book XXXX, PG XXXX ) and was never released, a fact that I was not aware of until I sold the property recently. 

To put things into perspective, my credit score is over XXXX. The property was never foreclosed on, no mortgage company ever sued me for non payment, and I completely paid the second refinanced mortgage off in XXXX. This is simply a clerical error which I need corrected. 

I need from Truist and /or from the record keeper of XXXX XXXX XXXX  XXXX XXXX. Proof of the Assignment from XXXX XXXX Mortgage, a division of Virginia XXXX XXXX Bank XXXX XXXX XXXX XXXX  XXXX and 2. Release of Deed of Trust to release settlement funds. 

Unfortunately, despite my multiple phone calls and requests, I still havent received a response from Truist or the entity that holds the records for XXXX XXXX XXXX  XXXX. I am reaching out to the CFPB to see if you can help get this matter resolved, as none of the banking institutions involved are taking this matter seriously and helping to resolve it for me. If you need any additional information, please let me know. 
Sincerely, XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation