Consumer complaint received 2023-06-30
Company: PNC Bank N.A.
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Struggling to pay mortgage

Complaint:
XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX Washington, DC XXXX consumerfinance.gov ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX I. SUBJECT : CONFIDENTIAL XXXX XXXX | FL XXXX XXXX Application ( ADA ) Medical Certification of Health Care Provider and Patient Certification and Reasonable Accommodation Request and Reporting COMPLAINT involving ( 9 ) COMPANIES/PEOPLE of unfair, deceptive, abusive, collusion, and law-breaking practices.

II. SELF-IDENTIFYING AS INDIVIDUAL FILING COMPLAINTS Property Owner Name : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, FL XXXX XXXX. SELF-IDENTIFYING AS INDIVIDUAL FILING COMPLAINTS WITH XXXX AND XXXX NATION OF ORIGIN On XX/XX/XXXX, I, XXXX XXXX XXXX XXXX XXXX MEDICAL INFORMATION with the ( 8 ) Eight COMPANIES/PEOPLE involved and ( 2 ) additional COMPANIES PEOPLE Americans with Disabilities Act ( ADA ) Medical Certification of Health Care Provider and Patient Certification Reasonable Accommodation Request Form. 

On XX/XX/XXXX, when I finally was able to connect on the phone with XXXX XXXX, FL XXXX XXXX Program Manager, I, XXXX XXXX XXXX shared CONFIDENTIAL MEDICAL INFORMATION and explained the damaging effects of the stress and XXXX  produced by the breach of verbal and written confirmation I would receive the maximum annual grant amount of {$50000.00} late XX/XX/XXXX, yet despite XXXX XXXX being in communication with the Servicers, no payments were made. 

IV. SUMMARY The Type of Debt : Mortgage and Other debt related to homeownership ( Mortgage Payments, Homeowners Insurance, Homeowners Taxes, Homeowners Association Maintenance Fees, and Legal Fees ) FL XXXX, Case Manager XXXX XXXX, in writing and verbally, informed late XX/XX/XXXX I met the Prioritization Requirements of Eligible Homeowner : '' Qualified Financial Hardship '', " Socially Disadvantage '', " Tier 1 '', and " FHA Loan '' and was approved to receive the maximum per household {$50000.00} financial assistance structured as a non-recoursegrant. 

I, XXXX XXXX, personally communicated in writing to all companies involved about notice of eligibility for the FL XXXX XXXX Program in late XX/XX/XXXX and XXXX  XXXX Bankruptcy filed XX/XX/XXXX by Attorney XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX in United States Bankruptcy XXXX - XXXX XXXX of Florida. 

FL XXXX, as of today, XX/XX/XXXX, has yet to disburse Mortgage Assistance Program payments for mortgage loans, property taxes, insurance, HOA 's ( Homeowner Association ) maintenance fees, including applicable late charges, directly to lenders, loan servicers, or HOAs. 

On XX/XX/XXXX, I filed complaints with Consumer Financial Protection Bureau ( CFPB ) concerning the ( 8 ) COMPANIES and PEOPLE involved in the process for the application, FL XXXX XXXX, I submitted on XX/XX/XXXX to The Homeowner Assistance Fund ( HAF ), a XXXX Treasury XXXX XXXX program operated by The Florida Department of Economic Opportunity ( FL DEO ). 

" The Homeowner Assistance Fund ( HAF ) was established under Section 3206 of the American Rescue Plan Act ( the ARP ) of XXXX '' to provide " financial assistance to Florida through the United States Department of the Treasury ( Treasury ). The purpose of the HAF is to mitigate financial hardships associated with the COVID-19 pandemic by preventing homeowners ' mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacement. The Florida Department of Economic Opportunity ( DEO or the Department ) has been designated to manage and operate the HAF on behalf of the state of Florida. '' Unfortunately, the only response I received was from PNC BANK. Upon reading PNC BANK response letter, it is clear PNC BANK does not understand the reason why I filed the complaint. Thus, I am filing again one COMPLAINT hoping all parties involve understand the interdependency and DOMINO EFFECT/ CAUSE & EFFECT with serious adverse consequences to me. 

The eight companies involved broke laws related to Fair Debt Collection Practices Act ( FBCPA ), Florida State Bankruptcy Stay, and Bankruptcy Discharged Debts Collections. The consequence of their collective unfair, deceptive, abusive practices, will result in displacement due to homeowners ' mortgage delinquencies, defaults, and foreclosure, with unnecessary high legal fees. The first DOMINO PIECE, FL DEO HAF breach of verbal and written confirmation eligibility and approval of FL DEO HAF plan grant financial assistance of {$50000.00}. I communicated this information to the parties involved and based decision of bankruptcy to file based in the verbal and written communication I was eligible for the grant. 

For the COMPLAINT I submit today, XX/XX/XXXX, I also include U.S. Department of Housing & Urban Development ( HUD ), Office of Fair Housing and Equal Opportunity ( FHEO ) FHEO Region 4 ( Southeast ) - FL. On XX/XX/XXXX, I filed HUDCOMPLAINT XXXX. The reasons to include is it is the option provided as next step in their determination letter and also because proper understanding of the charges I filed complain were not investigated and I was not asked to provide the evidence I have : Our office, the Office of Fair Housing and Equal Opportunity administratively enforces the Fair Housing Act designed to afford all persons an equal opportunity to live in housing of their choice and to participate in HUD-assisted programs and activities without regard torace, color, national origin, sex, religion, familial status ( families with children under 18 ) or disability.For our office to assist you, the law requires your experiences to be connected to the above underline protections.

The information you provided shows no connection between the above underlined protections and the experience ( s ) you described ; therefore, our office does not have jurisdiction to accept your complaint for investigation. 

HUDCOMPLAINT, like the CFPB, is understanding PNC BANK as the only party involved, which is not the case. The investigator had a one hour conversation with me. I provided over 60 pages of detailed time line, FACT FINDING, and offered to provide the original evidence supporting discrimination for protected classes : disability, nation of origin and victim of assault. 

The reason why PNC BANK was the only response of the ( 8 ) filed, is because exploiting time passed, the statement for PNC BANK alone is now over {$50000.00}. Likewise, is the reason HUD Complaint was not property evaluated. The actions of the COMPANIES/PEOPLE have a start at XX/XX/XXXX through XX/XX/XXXX. There was ample time for FL DEO HAF to disburse payments. It is deceptive to assume that their actions throughout the process vanish and funnel only to PNC BANK. 

All companies involved also received a Legal Notice of Bankruptcy and knew " Identify the Property You Claim as Exempt '' ( property address I occupy : XXXX XXXX  XXXX XXXX, XXXX XXXX, XXXX, FL XXXX ). " The Schedule D : Creditors Who Have Claims Secured by Property '' include PNC BANK, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX & XXXX, XXXX. XXXX XXXX XXXX XXXX ( XXXX ), and XXXX XXXX XXXX ( XXXX ). 

" The Statement of Intention for Individuals Filing Under Chapter XXXX informed each party of my Intent to Retain the property and enter into a Reaffirmation Agreement ''. Although FL DEO HAF is not a creditor, I informed and provided copies of the Bankruptcy filing in XX/XX/XXXX to FL DEO Case Manager XXXX XXXX, XXXX XXXX, XXXX XXXX. Likewise, since XXXX, to XXXX XXXX, XXXX XXXX and the XXXX. 

In Summary, I, XXXX XXXX, write to request ( CFPB ) Consumer Finance Protection Bureau take enforcement action against the eight companies and persons ( FL Bar attorneys ) I report violating the laws related to Fair Debt Collection Practices Act ( FBCPA ), Bankruptcy Stay and Bankruptcy Discharged Debts Collections to remedy the harm to myself. Additionally, False Statements Representation ( the breach or verbal and written statement of eligibility and grant amount is a breach of contract with severe effects on my mental health emotional and actual damages and with adverse home displacement ). 

V. DESCRIBE WHAT HAPPENED, and we'll send your comments to the companies involved : I, XXXX XXXX, have unsuccessfully tried to fix the issue with each Creditor/ Servicer. Thus, on XX/XX/XXXX, I filed Eight ( 8 ) complaints individually with Consumer Financial Protection Bureau ( CFPB ). The complaints are filed separately, but they are all linked and dependent on each. In other words, it is a complaint to report collusion, corruption, abuse, ill-will, law breaking actions related to the Florida Department of Economic Opportunity Homeowners Assistance Fund Program application XXXX submitted on XX/XX/XXXX, the property creditors/servicers, and their attorneys- ( all parties involved ). 

FL DEO HAF Case Manager XXXX XXXX confirmed verbally, and in writing, I qualified, was eligible, and would receive the maximum amount per household in the HAF program of {$50000.00} in XX/XX/XXXX. Since, I requested FL DEO HAF assistance with Mortgage and Condo HOAs, every month since, I provided updated figures for Mortgage Reinstatement and Condo HOA 's Payoffs Letters in XXXX, XXXX, XXXX, XXXX of XXXX and XXXX, XXXX, XXXX, XXXX and XX/XX/XXXX. 

However, today is XX/XX/XXXX, and FL XXXX XXXX is yet to disburse direct payments to the Creditors ( Mortgage Lender and Condo Homeowner Associations ). The delay since XX/XX/XXXX resulted in the attorney 's representing each Creditor billing excessively during XXXX XXXX Bankruptcy Automatic Stay Legal Protection period knowing the property was exempt because I was seeking assistance and financial relief approved by FL DEO HAF. 

In XXXX, I had grounds to dispute some legal fees, but I did not receiving responses or resolution to grievance and legal fees disputes. The Mortgage Reinstatement and Condo HOA 's Payoffs Letters in XXXX, XXXX, XXXX, XXXX of XXXX, included almost all legal and other fees amount with the exception of some fees in dispute. Up to XX/XX/XXXX, the total amount was below {$50000.00}. 

I, XXXX XXXX, personally communicated in writing to all companies involved about notice of eligibility for the FL DEO HAF Program in late XX/XX/XXXX. I also informed al parties involved Chapter XXXX Bankruptcy was filed XX/XX/XXXX by Attorney XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX in United States Bankruptcy Court - Southern District of Florida and the Property and the HOAs had intentionally been listed EXEMPT in the bankruptcy operating based on the verbal and written information from FL DEO HAF that they would pay the maximum of {$50000.00}. 

I was represented by a Florida Bankruptcy attorney with 30 years of experience. It was never my intention to include legal fees in the bankruptcy ( I had a few in dispute for reasons I could support and provide evidence, but I was not until XX/XX/XXXX discharging all legally allowed legal fees incurred prior to XX/XX/XXXX date of bankruptcy filing ). However, given FL XXXX XXXX had not yet remitted payments in XX/XX/XXXX, and the combined amount was XXXX on XX/XX/XXXX submission, I fear displacement and housing insecurity. On XX/XX/XXXX as legal allowed in Florida bankruptcy law, legal fees incurred prior to XX/XX/XXXX filing were included as Amendment. It was a legally sound recourse, before the bankruptcy discharged on XX/XX/XXXX. 

After XX/XX/XXXX, Bankruptcy Discharge, I asked the three attorneys to provide separate letters : Mortgage Reinstatement Letter and separate Detailed Legal Charges Invoice. Likewise, I asked for each Condo Homeowner Association Payoffs Letters and separate Detailed Legal Charges Invoices. That is, I requested separate Mortgage Reinstatement Letter, Condo HOA 's Payoffs Letters, and Detailed Legal Fees separate LOGS Legal, XXXX, and XXXX & XXXX. All three Legal firms declined. They stated they will not separate the legal fees charges, nor provide Detailed Legal Invoices with Date, Description, Amount, etc. despite having Bankruptcy Court Discharge Document. 

Although XXXX XXXX ( LOGS Legal ), XXXX XXXX Valdes XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX acknowledge receiving from me the Court 's Bankruptcy Discharge file, all attorneys declined to provide separate detailed invoices or subtract the portion of the legal fees I was Legally advised I could include in XXXX XXXX Bankruptcy by XXXX XXXX XXXX The attorneys representing the creditors continue to attempt to collect the wrong amount. Legal Fees debts were discharged and are no longer owed. 

By denying the request for separate Letters and Invoices, the amount exceeds {$50000.00}. This has cause a bottle neck. FL DEO HAF XXXX XXXX and XXXX XXXX have been authorized to communicate with the creditors and their attorney directly. I continue to be actively involved. Despite my timely and complete submission of the documentation requested and having granted authorization to facilitate and complete the application, instead of assistance, XXXX XXXX ignored all my emails, and calls. 

I submitted the XXXX set of letters ( XX/XX/XXXX ), valid through the end of XX/XX/XXXX, to XXXX XXXX, XXXX XXXX, XXXX, post XX/XX/XXXX Bankruptcy Discharge of Legal Fees. The total assistance amount for is {$47000.00} ( that is, excluding the legal fees discharged in Bankruptcy ). 

Key dates I submitted complete sets of ( a ) Mortgage Reinstatement Letter, ( b ) MASTER Homeowner Association Payoff Letter, and ( c ) SOUTH TOWER Homeowner Association Payoff Letter, as requested by FL DEO HAF : ( 1st set ) XX/XX/XXXX - valid thru the end of XXXX figures ( 2nd set ) XX/XX/XXXX - valid thru the end of XXXX figures ( 3rd set ) XX/XX/XXXX - valid thru the end of XXXX figures ( 4th set ) XX/XX/XXXX - valid thru the end of XXXX figures ( 5th set ) XX/XX/XXXX - valid thru the end of XXXX figures ( 6th set ) XX/XX/XXXX - valid thru the end of XXXX figures amount is below {$50000.00} However, FL DEO HAF is yet to disburse direct payments to the Creditors ( Mortgage Lender and Condo Homeowner Associations ). 

For example, I submitted the 5th set of letters ( XX/XX/XXXX ), valid through the end of XX/XX/XXXX, XXXX XXXX, XXXX XXXX, XXXX, post XX/XX/XXXX Bankruptcy Discharge of Legal Fees, and the total financial assistance amount XXXX was {$45000.00} ( less than {$50000.00} ). 

Likewise, the 6th set of letters ( XX/XX/XXXX ), valid through the end of XX/XX/XXXX, I submitted XXXX, XXXX XXXX and XXXX XXXX, XXXX XX/XX/XXXX Bankruptcy Discharge of Legal Fees, total financial assistance amount for is {$47000.00} ( that is, excluding the legal fees discharged in bankruptcy ). Also, less than {$50000.00}. 

The reason why PNC BANK was the only response of the ( 8 ) filed, is because exploiting time passed, the statement for PNC BANK alone is now over {$50000.00}. Likewise, is the reason HUD Complaint. also was not property evaluated. The actions of the COMPANIES/PEOPLE have a start at XX/XX/XXXX through XX/XX/XXXX. There was ample time for FL XXXX XXXX to disburse payments. It is deceptive to assume that their actions throughout the process vanish and funnel only to PNC BANK. 

All companies involved also received a Legal Notice of Bankruptcy and knew " Identify the Property You Claim as Exempt '' ( property address I occupy : XXXX XXXX  XXXX XXXX, XXXX XXXX, XXXX, FL XXXX ). " The Schedule D : Creditors Who Have Claims Secured by Property '' include PNC BANK, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX & XXXX, XXXX. XXXX XXXX XXXX XXXX ( XXXX ), and XXXX XXXX XXXX ( XXXX ). 

" The Statement of Intention for Individuals Filing Under XXXX XXXX informed each party of my Intent to Retain the property and enter into a Reaffirmation Agreement ''. Although FL DEO HAF is not a creditor, I informed and provided copies of the Bankruptcy filing in XX/XX/XXXX to FL DEO Case Manager XXXX XXXX, XXXX XXXX, XXXX XXXX. Likewise, since XXXX, to XXXX XXXX, XXXX XXXX and the XXXX. 

In Summary, I, XXXX XXXX, write to request ( CFPB ) Consumer Finance Protection Bureau take enforcement action against the eight companies and persons ( FL Bar attorneys ) I report violating the laws related to Fair Debt Collection Practices Act ( FBCPA ), Bankruptcy Stay and Bankruptcy Discharged Debts Collections to remedy the harm to myself. Additionally, False Statements Representation ( the breach or verbal and written statement of eligibility and grant amount is a breach of contract with severe effects on my mental health emotional and actual damages and with adverse home displacement ). 

VI. THE PROBLEMS I AM HAVING : False statements or representation - Breach of Contract ( written and verbal ) by ( FL DEO HAF ) Florida Department of Economic Opportunity Homeowner Assistance Fund and and Emotional Distress and Damages cause as result of FL DEO Case Manager XXXX XXXX, in writing and verbally, informed late XX/XX/XXXX I met the Prioritization Requirements of Eligible Homeowner : " Qualified Financial Hardship '', " Socially Disadvantage '', " Tier 1 '', and " FHA Loan '' and was approved to receive the maximum per household {$50000.00} financial assistance structured as a non-recoursegrant for FL DEO HAF. I trusted the information I received, and immediately shared it with Mortgage Bank servicing my FHA Loan and the two Condo Homeowner Associations and at the time only one attorney representing PNC BANK. 

I complied, and continue to comply, with the requirement " The homeowner must provide all necessary documentation to satisfy program guidelines within timeframes established by DEO, including self-certification or attestation of income and Socially Disadvantaged Individual status by Self-certifying being Hispanic/Latina. 

For example, I provided monthly valid thru the month of XXXX, XXXX and XX/XX/XXXX Mortgage Reinstatement and Condo HOA Payoff Letters totaling below {$50000.00}. FL DEO HAF Time Delay ( opposite of good-faith ) caused the amount which by then was growing excessively with Legal Fees as now each Mortgage Bank and Condo HOA attorneys was involved. 

Additionally, XXXX XXXX XXXX XXXX of FL DEO HAF contacted me XX/XX/XXXX and informed she had been in communication with all parties involved, but no payment direct to the Creditors/Servicers has been made. 

Attempts to collect debt disputed with reason as not owed The XXXX, XXXX and XXXX of XXXX amounts for Mortgage Assistance and Condo HOA Assistance included almost all the legal and other fees from the attorneys. I had reason to dispute some amounts. 

For example, HOA Master managed by property manager XXXX XXXX XXXX XXXX in XX/XX/XXXX informed that they will take Right-of-Use of assigned parking space Number XXXX to XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX Fl XXXX. The monthly Condo HOA Monthly Maintenance in XXXX was {$160.00} and in XXXX is {$190.00}. The market price amount to rent the parking space monthly ranges from {$180.00} to {$200.00} a month. In other words, the monthly maintenance fee has been in trade settling money owed by taking Right-of-Use of assigned parking space. 

Another example is that although LOGS Legal attorneys representing PNC BANK waited to serve the Foreclosure documents via XXXX mail in XX/XX/XXXX, I had been in contact with XXXX XXXX, LOGS Legal attorney, since XX/XX/XXXX and she had confirmation I occupied the property at XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX Fl XXXX. However, LOGS Legals was making attempts to serve the Foreclosure documents and list charges of XXXX for servicing multiple attempts to service the documents to an address I do not reside at and they had Self-Certification from me by submitting Property XXXX I owner occupied the property. 

Attempts to collect legal fees debt not owed given discharge in bankruptcy ( legal fees debt incurred prior to XX/XX/XXXX, under the was discharged in bankruptcy ). 

I, XXXX XXXX, personally communicated in writing to all companies involved about notice of eligibility for the FL DEO HAF Program in late XX/XX/XXXX. I also informed al parties involved Chapter XXXX Bankruptcy was filed XX/XX/XXXX by Attorney XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX in United States Bankruptcy Court - Southern District of Florida and the Property and the HOAs had intentionally been listed EXEMPT in the bankruptcy operating based on the verbal and written information from FL XXXX XXXX that they would pay the maximum of {$50000.00}. 

I was represented by a Florida Bankruptcy attorney with 30 years of experience. It was never my intention to include legal fees in the bankruptcy, but given FL DEO HAF had not yet remitted payments in XX/XX/XXXX, and the combined amount was XXXX on XX/XX/XXXX submission, in what is very human, fear of displacement and housing insecurity, on XX/XX/XXXX as legal allowed in Florida bankruptcy law, legal fees incurred prior to XX/XX/XXXX filing were included as Amendment. It was a legally sound recourse, before the bankruptcy XXXX on XX/XX/XXXX. 

All legal fees justified to dispute prior to including in legal fees to discharge in bankruptcy, resulted in Unresponsive Disputes in Writing to correct the amount owed. Likewise, oncelegal fees debts were discharged in bankruptcy.

Unresponsive Disputes in Writing to correct the amount owedafter debts were discharged in bankruptcy or prior justified disputed. 

Took or threatened to take negative or legal action ( threatened to sue, seize property ) Severe effects on my mental health XXXX, emotional and actual damages and with adverse home displacement. 


VII. WHAT WOULD BE A FAIR RESOLUTION?

FL DEO Homeowner Assistance Fund Plan to pay mortgage lender and HOAs the FL DEO HAF grant amount of {$50000.00} maximum per calendar year. 
FL DEO Homeowner Assistance Fund Plan to pay as consideration for emotional and actual damages FL DEO HAF APP-XXXX grant amount of {$50000.00} maximum per calendar year for XX/XX/XXXX to XX/XX/XXXX and also for the portion of XX/XX/XXXX to date. 
PNC BANK to modify the mortgage loan. 
PNC BANK to request hired attorneys XXXX XXXX XXXX to exclude the legal fees discharged in bankruptcy. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) to XXXXequest XXXX XXXX XXXX ( XXXX ) to exclude the legal fees XXXX in bankruptcy. 
XXXX XXXX XXXX XXXX to acknowledge they took possession, Right-of-Use, of property assigned parking space and its market rent rate is above the the monthly MASTER HOA Condo Monthly maintenance fee . Settle in trade. 
XXXX XXXX XXXX XXXX to request XXXX & XXXX to exclude the legal fees XXXX in bankruptcy. 
XXXX XXXX XXXX XXXX to request XXXX & XXXX to close the matter against any legal fees owed.

Company response to consumer: Closed with explanation