Consumer complaint received 2018-10-05
Company: FIFTH THIRD FINANCIAL CORPORATION
State: FL
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
The selected problem is with another lender as a result of the problem created by 53rd bank. 
Here is what happened : My business loan with Fifth Third Bank here in XXXX Florida seems to have fraudulently-dualized liens attached to my property creating a double lien exposures that frightened a prospective business partner who refused to proceed with a deal causing me great pain in retrieving and recycling my trapped equity to lighten my monthly recurrent financial burden. The property involved is XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX, Florida XXXX housing my company, XXXX XXXX. As at the time of the deal, the company 's rep Mr. XXXX XXXX sold to me the idea of refinancing an existing mortgage in the property in the amount of {$120000.00} and because the equity was close to another $ XXXX-XXXX, my standing improvement project at XXXX XXXX XXXX XXXX gets approved to the tune of {$230000.00} so that l could get about {$30000.00} l needed from the improved loan amount to finish up my improvement. From the above descriptions, my combined loan on closing was {$360000.00}. Now in recording the liens, Fifth Third Bank asserted a questionable right and recorded three liens of {$120000.00} and {$230000.00} on XXXX XXXX XXXX XXXX XXXX XXXX. property and {$230000.00} on XXXX-XXXX XXXX  XXXX XXXX address. This action they claim as " cross-collateralization '' now indicates to a low information consumer that l owe the bank {$600000.00} at my closing and not {$360000.00}. This l believe is outright deceit, dishonest and fraud that is hurtful to my financial interest. 

Since the XXXX-XXXX XXXX XXXX XXXX property is now completed, a cross-collateralization of its loan {$230000.00} with another property in exact amount is " fat '' lie. This amount to an attempt to easily steal my property should l have a financial downturn and difficulty and l want this action to be investigated if the bureau has the power or be referred to the appropriate authority for investigation. Yes l signed the document because their rep played a dual, conflicting role for the bank and my company. In doing that there is a conflict of interest since there was no third party title company used to steer the deal away from conflict of interest which clearly took place here especially now the bank is using its legal muscles to pressure me to refinance my deal against my time-table even when l still have time left on the mortgage and promissory note. After discussing with a prospective lender, his argument is that since l have two liens on one property, his lien will be third in line and he refused to proceed with the deal. This is creating financial difficulties for me because l have enough equity in the property to help me liquidate some of recurrent and unnecessary liabilities and still engage in a construction loan agreement with the said lender. 53rd Bank needs and should correct this fraud and if they owe me money, l need that be paid back to me too.

Company response to consumer: Closed with explanation