Consumer complaint received 2016-09-26
Company: FIFTH THIRD FINANCIAL CORPORATION
State: OH
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Problems when you are unable to pay

Complaint:
I am the appointed Administrator of an estate of a XXXX year old single woman with no immediate family who was XXXX, unexpectedly on XXXX XXXX, 2016, XXXX after she XXXX. I am not family. In XXXX, the probate judge granted me authority, to handle and sort all of her affairs, financial and otherwise. I say this only to put into perspective how efficient and effective I have been at discerning what to do, who to notify, who to pay, and how, in less than 2 months time. Not fast enough for Fifth Third Bank, however. 
It 's been 10 weeks since the customer was XXXX. I, alone, had to discern what to do, not being privy to customer 's finances and obligations. When I determined her financial obligations ( by searching for and piecing together papers in the home ) I opened an estate and applied for letters of authority from the court in XXXX. ATTACHED Immediately informed 5/3 Bank of XXXX, and that once court granted control of finances of XXXX to Administrator, car to be sold and $ XXXX loan ( on a $ XXXX vehicle ) will be paid off, or payments made. Provided copy of XXXX and letter of authority to 5/3 at local branch, in person. ATTACHED On Monday XXXX XXXX, 2016, 9 weeks post customer XXXX, XXXX called Administrator threatening repossession if loan not made current. Explained was 2 mos behind because of XXXX and lack of access to finances of XXXX and court approval to disperse same to creditors but immediately made an EFT of {$600.00} ( three month 's payments ). ATTACHED. 
On Tuesday XXXX XXXX, payment hit 5/3 Bank 's account. 
On Weds. XXXX XXXX, even though loan was current, funds in 5/3 account, 5/3 repossessed the car from her home. I received authority from the Judge the same day to sell the car to XXXX for $ XXXX, enough to pay 5/3 's interest in full. ATTACHED 5/3 Bank refuses to return the car, demands {$3000.00} loan be paid in full with {$600.00} repo fees to retrieve car, and wait days, to learn where it is and how to get it back. The Estate maintains liability and property insurance on vehicle and 5/3 wont reveal where it is located. 
The $ XXXX in vehicle equity is Estate property and 5/3 has no right to appropriate the equity to its benefit over the rights of other estate creditors. This is not an upside down loan. The vehicle can be sold for $ XXXX and the estate believes 5/3 is exploiting the equity, hoping the estate allows the car to go to auction and 5/3 can capitalize on a XXXX and have loan paid in full. 
5/3 social media department contacted me last Thursday stating a solution would be forthcoming in 24 hours. Called back 3 days later, told me the repo stands and would not tell me where car is, to get car back must pay off the loan in full, and the repo fee, because 5/3 did not get " verbal notice '' that I made a paymen. 
5/3 had customer money in its possession over 24 hours before 5/3 took the car. 5/3 maintains that someone needed to " call '' the Estate Dept. and " tell them '' the payment was made so5/3 could " stop '' the repo. Could it really be that 5/3 's accounting and cross check systems are so poor that 5/3 does n't know when a customer made a payment so that it does n't end up stealing a customer 's car. 
XXXX XXXX ( XXXX ) XXXX informed me this morning that 5/3 would not sending me a letter, as required by statute, re : where the car is and how to get it. I need help on behalf of this XXXX account holder and all decedents. 5/3 is holding her equity in the car hostage, and wo n't tell me how or where to get the car, nor will 5/3 return the car. For a bank to react this way to a deceased customer, especially when the loan is current, and they had no justification for repossessing the car that is property ( at least the equity ) of the ESTATE is an abhorrent way to treat the estate of a customer. Only 60 days later. Shame.

Company response to consumer: Closed with monetary relief