Consumer complaint received 2019-10-17
Company: Synovus Bank
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
To whom it may concern : A loan was opened in my name with a forgery of my signature. After my recent discovery of this matter, I have taken appropriate steps to report it to XXXX County Police Department ( case # XXXXX ) and XXXX County Sherriffs Office ( case # XXXXX ). The police investigation reflects XXXX forged my signature. I have requested the bank to formally release me from liability and correct my credit report. Despite my efforts to resolve this matter with the bank, the bank refuses to appropriately consider my plea. Instead, I have been repeatedly referred to the branch manager and loan officer, who have attempted to stifle my efforts in order to cover their mistakes. Therefore, I am making this formal complaint to the CFPB. 

Loan number XXXXXX originated by Loan officer, XXXX, was created at the Synovus branch in XXXX, Georgia. The loan is in the name of XXXX ( husband ) and me. It is dated XX/XX/XXXX, in the amount of {$17000.00}. It calls for 36 payments of {$540.00} and is collateralized by a XXXX XXXX XXXX. As evidenced by the police investigation, my husbands father, XXXX forged my signature on the Credit Application ; Amount Financed Itemization Form ; and the Note, Disclosure and Security Agreement. I never gave him permission or provided him a Power of Attorney for him to do so. In fact, I did not know I had a loan until I recently pulled a credit report due to my pending divorce. I have never been to Synovus Banks XXXX branch until I personally notified the branch manager of the forgery in XX/XX/XXXX. I never saw or received any loan documents from XXXX, XXXX, or Synovus Bank. 

Further evidenced on the credit application is falsified information of my personal history regarding past employer and residence. The credit application states my 2nd Employer No. of Yrs. : 7, and, Present Address, box marked Rent for No. of Yrs. : 10. This  information is incorrect as I had no second employer at the time of loan origination nor have ever been employed at a job for 7 years. I also do not rent my present home. The number of years 10 is also incorrect as I have lived at my present home for 12 years as of XX/XX/XXXX. 

Therefore, Synovus Bank : 1. Does not have a valid note and security agreement, amount financed itemization form, and credit application due to my forged signature on each document. I was never given a chance to review and sign the documents. I never received copies of such agreements. The following excerpt from the documents shows that my authentic signature is required : The Note, Disclosure and Security Agreement states, SIGNATURES AND SEALS- IN WITNESS WHEREOF, I HAVE SIGNED MY NAME AND AFFIXED MY SEAL THE DATE BELOW GIVEN. I AGREE TO THE TERMS SET OUT ON PAGE 1 THROUGH PAGE 7 OF THIS NOTE. I HAVE RECEIVED A COPY OF THIS DOCUMENT ON TODAYS DATE The Amount Financed Itemization form states, By signing, I acknowledge receipt of a copy of this Amount Financed Itemization on todays date. 
The Credit Application states, You authorize us to request one or more consumer reports, to check and verify your credit and employment history, and to answer questions others may ask us about our credit experience with you, and You certify that everything you have stated in this Credit Application and on any other documents submitted to us are true and correct to the best of your knowledge. 

2. Does not have a Power of Attorney providing XXXX the ability to execute loan documents in my name. 

3. Has violated the Fair Credit Reporting Act by pulling a credit report without my authorization ( written or verbal ). The Credit Application ( which requires an original signature ) states, You authorize us to request one or more consumer reports, to check and verify your credit and employment history, and to answer questions others may ask us about our credit experience with you. Therefore, Synovus is in violation since I never authorized. 

4. Has reported this loan on my credit report, which negatively affects my ability to get additional credit. 

5. Has violated BSA/AML regulations because Synovus Bank did not perform mandatory customer due diligence and customer identification procedures. Since I did not participate in this transaction nor was there in person, they did not verify my identity through appropriate documents, such as State drivers license, etc. If this is a pattern or practice, then this would be a BSA pillar violation for Synovus Bank and subject the bank to supervisory enforcement actions and civil money penalties. 

Reflecting back, on or about the date of loan origination, I received a call from the loan officer, who requested my personal information such as DOB, Drivers License Number, and home address ; however, it was never communicated to me that I would be a signer on a loan. In fact, XXXX communicated to me that the vehicle was a gift to me and he would make full and complete payments on a loan they were getting. I was under the impression that XXXX and XXXX were the makers on a loan, so that XXXX could build his credit. I was never under the impression that my name and credit would be used to finance the car. Hence, XXXX took advantage of me since I am young and did not have any prior knowledge of the bank financing process. ( Again, Synovus Bank, XXXX, and XXXX did not provide me with any paperwork. ) Throughout our short marriage ( divorce is in process ), XXXX and XXXX failed to show me any loan documents regarding this matter and never discussed any information with me. All I knew was that the car was a gift to me, and XXXX financed the vehicle and would make all payments on it. This matter was never a topic discussed, which adds the impression of them keeping this hush-hush from me. My only knowledge was the car was a gift and I had no knowledge my name was cars note. 

Approximately 1-2 months after the loan origination, I received correspondence in the mail from Synovus Bank. Once received, I reached out to XXXX through text message that I received this book in the mail and that I will give it to him. I did not take time to look at it and did not give it a second thought. I had no idea what it was and why it was sent to my home address. ( From what I know now, it was a payment book that gets sent to the loan recipients from the loan issuer. ) Again, I was unfamiliar with loan processing and was not versed in financial matters of this transaction. 

In my last phone conversation in XX/XX/XXXX with the loan officer, XXXX, she stated that she had called me ( at or around loan origination ) to obtain my information, such as date of birth and drivers license number and had informed me of such credit application. She also complimented XXXX long history with the bank and that they had a good customer relationship. During the XX/XX/XXXX call, I again communicated to XXXX that she, XXXX, and XXXX never communicated to me that my information was being used to obtain a loan and that I would be liable on the loan. ( It seems their existing banking relationship facilitated the forgery. ) I ended the phone conversation by requesting my name be taken off the credit application and loan, but she refused. 

Therefore, I am making a formal compliant to CFPB to 1 ) formally document Synovus Banks poor lending practices to consumer s, 3 ) document Synovus Banks failure to act and correct this situation, and 3 ) request CFPBs intervention in resolving this matter. Considering my pending divorce with XXXX, I am afraid that I will be eventually liable for a fraudulent activity that was performed by XXXX and XXXX. As a soon-to-be divorced, young female with a young child and limited income, my ability to get credit is very important. I need this matter resolved immediately. Expressly, I need Synovus Bank to release me from any and all liability for this loan, remove any association of my name on these documents, and correct my credit report. 

Sincerely, Me

Company response to consumer: Closed with explanation