Consumer complaint received 2018-09-25
Company: SUNTRUST BANKS, INC.
State: NC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Formal Notice of Error - Please accept this Notice of Error on behalf of XXXX XXXX XXXX and XXXX XXXX ( XXXX XXXX XXXX XXXX ) with respect to special proceeding 17 SP 401. SunTrust Mortgage Inc. is hereby noticed of its error in providing the respondents the incorrect Note. SunTrust Mortgage provided Note dated XX/XX/XXXX that was not signed by XXXX XXXX XXXX spouse of XXXX XXXX XXXX as of that date. The respondents collectively requested SunTrust Mortgage research that certain note signed by both XXXX XXXX XXXX and XXXX XXXX XXXX as the Substitute Trustee oh behalf of SunTrust Mortgage is pursing the parties on a note that XXXX XXXX XXXX did not execute. Therefor the Substitute Trustee on behalf of SunTrust Mortgage has wrongfully named XXXX XXXX as a party to the Foreclosure Action under the Note when in fact the Substitute Trustee and SunTrust Mortgage have continually failed to produce any note signed collectively by both XXXX XXXX XXXX and XXXX XXXX XXXX despite many well documented request. The respondents continue to maintain and hold this is a viable defense and creates and constitutes an affirmative defense to the enforcement of the Note presented in Error by XXXX XXXX XXXX as counsel for SunTrust Mortgage Inc., Substitute Trustee on behalf of SunTrust Mortgage for the enforcement of property held by the respondents. Further the respondents together allege unfair and deceptive trade practices on behalf of SunTrust Mortgage Inc., SunTrust Banks Inc., SunTrust XXXX XXXX ( XXXX XXXX ), XXXX XXXX XXXX, XXXX XXXX XXXX XXXX and their vendors not limited to XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX , XXXX XXXX XXXX XXXX, XXXX and XXXX XXXX XXXX XXXX. The respondents notice SunTrust XXXX XXXX of an error, overissuing beneficial interest in the respondents real property. Respondents continue to allege wrongful acts and conduct associated relating to 16 SP 187 and 17 SP 401 with respect to the forged Substation of Trustee recorded XX/XX/XXXX in favor of XXXX XXXX wherein wrongfully utilizing a subsequent instrument to wrongfully obligate over $ 3M of debt. SunTrust Banks Inc. its subsidiaries and in part its vendors have materially violated the Fair Credit Reporting Act, the Fair Debt Collection Act, the Fair Debt Collections Practices Act, the Truth in Lending Act and the Real Estate Settlement Procedures Act. Finally, the respondents allege SunTrust materially violated 229.1122 with respect to three modifications of loans during the fourth quarter of XXXX. When in fact, SunTrust proceeded without the property authority under the Applicable Servicing Agreement. The material defect extended beyond 90 day and was material in nature. Further, we alleged the stated interest rates incurred to the respondents differed from the actual coupon rates in the underlying notes. Please fully investigate the above Notice of Errors and advise us collectively of your corrective actions. Sincerely - XXXX XXXX XXXX and XXXX XXXX ( XXXX XXXX XXXX XXXX )

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation