Consumer complaint received 2023-08-23
Company: TRUIST FINANCIAL CORPORATION
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Our home was flooded by Hurricane Ian in XX/XX/XXXX, and again by Hurricane Nicole only 42 days later in XX/XX/XXXX. 
I contacted Truist after our first flood ( in XX/XX/XXXX ) and we were offered a disaster forbearance on our Mortgage for a 3-month period ( XXXX XXXX ). I was told this could be extended for a total of 12 months in 3-month increments and that I simply needed to call Truist prior to the end of the 3-month period in order to extend the forbearance each time. 
I did just that and we were granted an extension for XXXX XXXX and again for XXXX XXXX. 
In XX/XX/XXXX, I contacted Truist in order to extend our forbearance for the last 3 months available to us. Our extension was confirmed for XXXX  XXXX and I was informed that our first payment would be due on XX/XX/XXXX. 
In mid XXXX I began receiving phone calls from Truist Collections requesting that I make a payment as our account was past due. I called Truist to inquire and was told that our account was no longer in forbearance status and was past due. I was given various reasons for this including the 12-month period had been reached ( which was incorrect ), that documentation was missing ( but was not told which documentation specifically ) and was ultimately told the issue could not be resolved and had to be escalated to a supervisor who I should be expecting a call from. 
I did not receive a phone call from a supervisor. But I did receive a letter from an Attorneys office notifying me that they were attempting to collect a debt owed to Truist and that our loan became delinquent on XX/XX/XXXX. 
I still had not received a call back from Truist so I called them again on XX/XX/XXXX and was told our account had been placed under foreclosure since XX/XX/XXXX, and had been sent to an Attorneys office for collections. I was provided with the Attorneys name and number ( XXXX XXXX XXXX ), the same Attorney i had received the letter from, and I was told our account would be reviewed to correct this and that I would receive a call back. 
In the meantime, my husband and I both received very disruptive daily phone calls, text messages and letters from various companies and attorneys regarding our foreclosure. 
On XX/XX/XXXX, I became aware that a Lis Pendens had been filed against us on XX/XX/XXXX. 
I called the Attorneys office that same day and informed them our account was not under a foreclosure, that we were not delinquent on payments as we were under a forbearance agreement, and that we were attempting to work with Truist to correct this issue. 
On XX/XX/XXXX I was called by Truist to inquire on the status of our home repairs. I was not given any more information regarding the correction of the foreclosure or our forbearance and was told I would be contacted by another representative regarding those matters. 
On XX/XX/XXXX I called Truist as I yet again had not received a call back. After nearly 20min of reviewing the documentation in our account I was told that our forbearance was re-instated and no longer in foreclosure with our first payment now being XX/XX/XXXX. I was also informed that paperwork had been mailed out to me the day prior ( XX/XX/XXXX ), however as of today ( XX/XX/XXXX ) I have not yet received anything. 
I am filing a complaint because despite having done what was asked of us, a Lis Pendens was filed in error which is now a part of public records. 
I am a XXXX  and my husband is a XXXX XXXX who owns his own XXXX XXXX business. This misinformation could be very harmful to us as professionals or as consumers and is not an accurate representation of our characters. 
Neither my husband nor I were notified by Truist at any time that our account was delinquent until I received a call from their Collections Department. Prior to XXXX we had not been contacted by any agency regarding an apparent foreclosure, and this luckily has not been reported to the credit bureaus. Based on this it is apparent that we should never have been turned over to an attorney and a Lis Pendens should never have been filed. 
I also received 3rd party notification from a contact of my mother in laws that Truist admitted foreclosure proceedings should not have been initiated since we should have been under a forbearance. This was communicated in an email from Truist Loss Mitigation Dept. 
We are looking to you for guidance on how to proceed in order to make sure this error does not jeopardize us in any way, and to hopefully have some kind of reversal for the Lis Pendens filed. 
In addition, based on our last statement from Truist, there is an amount of {$4700.00} for total fees and charges that has been added to our account which also needs to be corrected. 
My husband and I are still dealing with the stress from the loss of our home due to the hurricanes. We have been living in an RV with our XXXX little girls since XX/XX/XXXX, and we are still waiting for the insurance company to provide us with an estimate that will allow us to make the necessary repairs to our home as it remains unlivable. To throw this situation on top of all of that has honestly added to the frustration and helplessness that we feel on a daily basis. Weve done everything we were supposed to do, kept our accounts up to date and had the appropriate flood coverage for our home, yet we are still battling to get our lives back to normal so that our girls can have a home again. 
Thank you for your time!

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 monetary relief