Consumer complaint received 2016-07-28
Company: FIFTH THIRD FINANCIAL CORPORATION
State: IN
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
On XX/XX/2016 we received a notice from the county Auditors office that our property taxes were delinquent and would be advertised in the local newspaper on XXXX XXXX, 2016 and would be turned over for sheriff sale if the taxes were not paid by XXXX XXXX, 2016. Our mortgage was facilitated through Fifth Third bank on a USDA mortgage loan. Because our loan to value ratio was greater than XXXX % we are required to escrow our mortgage insurance and property taxes. The parcels of land as well as the dwelling are all clearly stated on the Deed that was provided to us by Fifth Third Bank, as well as each parcel of land and their tax rates on the Escrow Account disclosure statement they provided us. The statement from the Auditors office claims that XXXX parcels of land had no taxes paid on them since the start of the mortgage, Fifth Third has only been paying property taxes on the parcel of land which the dwelling resides as well as the dwelling. The disclosure statement shows the taxes in question to be paid into escrow are {$11.00}, {$34.00}, and {$33.00}, the tax being paid out of escrow not in question is for {$860.00} which includes the family dwelling as well as the parcel of land it sits on. We have total XXXX tax statements which were all initially submitted by the seller to Fifth Third bank, and added to the disclosure statement, as well as clearly stated on the deed and the HUD documentation. These parcels were included in the required appraisal, and approved by the USDA. There was no separation of these parcels from the mortgage, they were all included, and therefore required to be included in escrow. We have contacted Fifth Third bank asking for quick resolution, initially they told us it would be 7 days, past the XXXX XXXX deadline, which is not acceptable. When I called again asking for a supervisor, I was directed to " XXXX '' and was told that they would call me back by Friday, they would likely pay the taxes, but that it would make my escrow short and payment to go up. When I asked about the exorbitant delinquent fee 's assessed by the auditors office they stated " You need to call the auditor and see if they can do anything about the late fees ''. This was never our fault, we were unaware that Fifth Third would not comply with federally mandated laws to collect and escrow ALL of our property taxes. We were never aware they were not being paid until XXXX XXXX, 2016 when we received the notice from the county. I believe that Fifth Third has made an error by omitting our property taxes for payment that they clearly estimated for escrow on the disclosure statement, and they are unfairly trying to place blame on us. I believe Fifth Third bank is solely responsible for bringing all of our property taxes up to date, without penalty of escrow shortage, as well as ALL penalties and fees assessed by the auditors office. They are dragging their feet with a decision, and if not paid by XXXX XXXX, 2016 we will be unjustly published in our local paper for delinquency and incur unnecessary embarrassment. We have faxed communication to them with our complaint and request, and called on multiple occasions without successful resolution. We are requesting inquiry into this situation. Thank you in advance.

Company response to consumer: Closed with monetary relief