Consumer complaint received 2022-04-18
Company: FIFTH THIRD FINANCIAL CORPORATION
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
There was an error in Mortgage release filed by fifth third bank. I contacted them and they asked me to send them documents and was told that it would be fixed very quickly in 3 days or less. Now after a week, it is not fixed and the error is holding up further transaction on my property and bank is not providing me any update or commitment to fix their error. Below is the letter that I sent them along with requested documents. 

XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX XX/XX/XXXX To, Lien Release Dept Fifth Third Bank XXXX : XXXX - Incorrect Lien Release for a/c XXXX Dear Sir/Madam, You were our mortgage servicer for a/c XXXX till XX/XX/XXXX when the mortgage was refinanced with XXXX XXXX. They paid your mortgage off and you filed a lien release with XXXX XXXX XXXX on XX/XX/XXXX. However, you made an error in that mortgage release and did not refer/release the correct mortgage. Instead of releasing your mortgage, you released prior lender mortgage and hence lien from your mortgage is still present on the title and county records. This needs to be corrected. 

I am explaining sequence of events below to clearly communicate situation. 

( XXXX ) XX/XX/XXXX The property was first bought by us from XXXX XXXX. XXXX. The mortgage was provided by XXXX Mortgage Recorded on XX/XX/XXXX, Book XXXX, Page XXXX, XXXX XXXX, Amount- {$400000.00} ( XXXX ) XX/XX/XXXX The property was refinanced. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Amount- {$400000.00}, Recorded on XX/XX/XXXX, Book XXXX, Page XXXX, XXXX XXXX This is the mortgage that Fifth Third Bank was servicing. 

( XXXX ) XX/XX/XXXX Mortgage release for the XXXX mortgage loan was filed by then servicer XXXX XXXX XXXX on XX/XX/XXXX, Book XXXX, Page XXXX, XXXX XXXX ( XXXX ) XX/XX/XXXX The mortgage from Southern Residential ( being serviced by Fifth Third Bank ) was refinanced with XXXX XXXX, loan amount - {$540000.00} Recorded on XX/XX/XXXX, Book XXXX, Page XXXX, XXXX XXXX ( XXXX ) XX/XX/XXXX You ( Fifth Third Bank ) filed lien release Recorded on XX/XX/XXXX, Book XXXX, Page XXXX, XXXX XXXX. However, in this filing you made an error and referred to XXXX XXXX  as XXXX XXXX and provided their details of recording, instead of referring to your loan ( originated by XXXX XXXX ). 

Because of this, the lien from your mortgage ( referred in point XXXX above ) is still present on record even though the loan in paid off. You need to file a new mortgage lien release to correct the error and remove your lien. 

I am attaching below mentioned documents : ( 1 ) Copy of Title Document Numbered as Document 1 ( 2 ) Proof of Payoff Document Numbered as Document 2 ( 3 ) A Copy of Mortgage from Southern Residential Lending First Page only Document Numbered as Document 3 ( 4 ) Mortgage Release Document filed by Fifth Third Bank Document Numbered as Document 4 That is where the error is made and needs to be corrected. 
( 5 ) Mortgage Document from XXXX XXXX  First Page only Document Numbered as Document XXXX ( 6 ) Mortgage Release Document from XXXX XXXX for XXXX XXXX  XXXX XXXX as Document XXXX ( 7 ) Mortgage Document from XXXX XXXX which replaced mortgage held with fifth third bank XXXX XXXX only Document Numbered as Document XXXX Please take necessary action and remove your lien from this property at the earliest. Also let us know if you need any more info from us. You can reach us at XXXX XXXX XXXX. We request you to let us know when action is taken. 

Thank you, ( XXXX XXXX )

Company response to consumer: Closed with explanation