Consumer complaint received 2020-12-07
Company: FIFTH THIRD FINANCIAL CORPORATION
State: MA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
Refinancing Primary Residence : XX/XX/XXXX Fifth Third Bank provided my attorney with a payoff letter which was valid through XX/XX/XXXX.

XX/XX/XXXX Attorney issued payment to Fifth Third Bank in the amount of {$160000.00} as indicated on the payoff letter dated XX/XX/XXXX.

XX/XX/XXXX This payment was disbursed and the check cleared the attorney 's bank on XX/XX/XXXX prior to the expiration of the payoff letter ( XX/XX/XXXX ).

XX/XX/XXXX Fifth Third Bank issued a letter notifying me there was a shortage with the payoff. The letter was sent regular mail and I received the letter on XX/XX/XXXX and immediately contacted Fifth Third Bank to resolve.

XX/XX/XXXX Spoke with several different representatives trying to resolve and received various amounts of the shortage required. According to Fifth Third Bank the shortage occurred in the escrow account as they paid real estate taxes that were due. I explained that I understand the discrepancy and desperately want to resolve however I should not pay interest or late payments as I did not receive notification of the issue until XX/XX/XXXX. Fifth Third Bank wants to charge interest and late fees from the payoff date to the present. After hours of phone calls the representative said this would require further review and they would have to call me back. I pressed and requested to speak with a manager and left a voicemail for XXXX  and never received a return phone call from XXXX

XX/XX/XXXX Attempted to resolve once again and engaged my attorney 's office as they were more versed in the details. Spoke with several representatives from Fifth Third Bank pleading to pay the shortage ( less interest ). XXXX  confirmed there was a banking error and we should hear back from a manager on XX/XX/XXXX or no later than XX/XX/XXXX. I once again never received a phone call back from a manager.

XX/XX/XXXX After not hearing from Fifth Third Bank on XX/XX/XXXX, my attorney 's office and I attempted to speak with someone to try to resolve the shortage. We explained that we want to pay the shortage but need an explanation why they feel the interest is due after they waited over one month to contact me regarding the shortage. An explanation was not provided and further research needed to take place and they will contact me within three days.

XX/XX/XXXX Spoke with XXXX  at Fifth Third Bank and she confirmed the shortage is {$390.00}. Finally we received a firm number that mathematically was justified based upon the payoff statement and the payment made to Fifth Third Bank. Offered to pay this amount and that's when they again said that we must pay the back interest. We asked for an explanation why this was the case and have not received any explanation.

XX/XX/XXXX Received a phone call from XXXX  who works in customer complaints and stated that I was responsible for all of the shortage + all interest. XXXX  's tone was extremely rude and she said that Fifth Third Bank considers this case closed and there is nothing left to discuss. However I immediately disputed this fact and demanded the case remain open until an explanation is provided. I explained to XXXX if an explanation is not provided then I will contact her on XX/XX/XXXX with my attorney present for the call. After many requests XXXX  finally provided a direct line so we could contact her on Monday.

XX/XX/XXXX Met with my attorney this morning and we spoke with XXXX  who was very helpful, however she did not have authority to resolve the issue. We also left a voicemail for XXXX as her phone went immediately to voicemail.

Company response to consumer: Closed with explanation