Consumer complaint received 2019-05-11
Company: SUNTRUST BANKS, INC.
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I am the legal executor as appointed by the XXXX XXXX Probate Court, State of Texas, for my late mother 's estate. My mother passed due to XXXX XXXX on XX/XX/XXXX. She has a mortgage with SunTrust Bank. The State of Texas requires all wills to be probated by the Court. I moved as quickly as possible, through an attorney, to have the will probated. That process takes time. SunTrust continued to debit my mother 's XXXX XXXX XXXX account each month for her mortgage payment. After the will was probated and I received Letters of Testamentary from the court, I closed my mother 's XXXX XXXX XXXX account because I had too per XXXX XXXX XXXX. 

The XX/XX/XXXX payment did not go through successfully, obviously. I contacted SunTrust Mortgage Client Services at XXXX and successfully made the payment for XXXX. When I contacted the same to make the next payment, SunTrust informed me they would not speak to me and definitely would not accept a payment. 

As a result of my phone call to make the XXXX payment, I was contacted in writing by SunTrust requesting Letters of Testamentary and a certified copy of my mother 's death certificate. I sent those items via XXXX. However, SunTrust continued to refuse to speak to me or to accept a payment. As a result, the mortgage fell behind 60 days. A week later I got an second request for the same documents. Several days later I got a separate letter asking for a copy of the will. 

After multiple unsuccessful attempts, last week I finally got someone on the phone with SunTrust 's " Special Loans Department '' and spoke to representative named XXXX. XXXX said that SunTrust was in receipt of those documents ; however, they now wanted a copy of my mother 's will. XXXX gave me repeated assurances that if I called Client Services I would be able to make a payment as the loan is now 90 days past due. 

On XX/XX/XXXX at XXXX XXXX I contacted SunTrust Client Services and was again denied the ability to make the payment for XXXX. I was told that SunTrust can not take anything less than the delinquent amount. Per 12 CFR 1026 also known as RESPA, SunTrust IS allowed to take the payment is set it aside in a trust account until such time as full payment is received. In addition, under 12 CFR 1026, SunTrust was required to establish " live contact '' with me when the loan went 36 days past due. They failed to do so even though they have my contact information. Refusing to accept a payment equal to one the  contractual payment for one month is " their policy '', but it's not the law. If this were a " loan workout '' they would accept any payments, same if the loan were put on non-accrual. 

My mother was a woman of meager means. Social Security was her only source of income at the end of her life. There are NO liquid assets in her estate. I am moving forward with selling the house that has been in my family since XXXX, to satisfy the outstanding mortgage. However, SunTrust continues to refuse to let me make sufficient payments to keep the loan from going 120 days past due at which point, under 12 CFR 1026, they can began foreclosure proceedings. In addition, they continue to tack on fees and late charges. SunTrust continues to threaten foreclosure on the home despite the fact that I am trying to make monthly payment amounts to eventually get caught up. Currently I am trying to sustain my own debt obligations while sustaining my mother 's debt obligations until such time as the home can be sold. SunTrust is adamant about not working with me and foreclosing on the only asset in my late mother 's estate. 

To date, I know for a fact they have violated at least two clauses of the Real Estate Settlement Protection Act.

Despite having sent the Letters of Testamentary and Death Certificate, SunTrust continues to send me letters asking for the  same documentation that I have already provided in their attempt to keep stalling me out. 

I can look past how rude and condescending their account reps have been, but I can not look past their blatant violation of 12 CFR 1026 in  an attempt to rack up fees and late charges. 

The saddest part, they are making an already grief stricken situation worse by threatening to foreclose while refusing to accept payments. And if they are doing it to me, they are doing it to thousands of other customers in my situation.

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