Consumer complaint received 2024-10-17
Product: Mortgage — FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — Trying to communicate with the company to fix an issue with the application process
Company: PNC Bank N.A. (DC)

( THIS COMPLAINT IS NOT A DUPLICATE OF XXXX ) I am writing to formally express my serious concerns regarding a fraudulent mortgage loss mitigation application submitted by PNC Bank XXXX XXXX behalf without my knowledge, consent, or authorization. I consider this action a direct violation of my rights as a consumer and borrower, and it appears to be a deceptive attempt to put me at risk of foreclosure. This letter serves as notice of the following allegations and demands immediate corrective action. XXXX. Unauthorized Submission of Loss Mitigation Application It has come to my attention that PNC Bank filed a mortgage loss mitigation application purportedly on my behalf without obtaining my express consent or written authorization. This unauthorized action constitutes a violation of my rights under federal and state consumer protection laws, including but not limited to : XXXX XXXX. XXXX ( Real Estate Settlement Procedures Act XXXX XXXX XXXX : Mortgage servicers are required to act in good faith and follow proper procedures when servicing a loan. Submitting a loss mitigation application without consent violates the duty to service the loan in accordance with applicable laws and regulations. Under the Truth in Lending Act ( XXXX ) and its implementing Regulation X, which governs mortgage servicing, mortgage servicers have specific obligations when handling loss mitigation applications. They are required to notify borrowers about their options and rights. Filing an application on the borrowers behalf without proper consent could be a violation of these regulations. XXXX XXXX. XXXX ( XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, servicers must follow specific loss mitigation procedures, including providing accurate information and obtaining borrower consent before submitting an application. The filing of an application without my knowledge or consent appears to be a clear violation of this regulation. XXXX. Deceptive and Fraudulent Practices : Filing a loss mitigation application without the borrowers knowledge or consent XXXX also be considered an unfair or deceptive act or practice under state and federal consumer protection laws. Understanding the Consumer Financial Protection Bureau ( CFPB ) enforces laws designed to protect consumers from these types of practices. XXXX. Breach of XXXX : If proven the company violated the terms of an agreement. XXXX. XXXX : If proven the company intentionally misrepresented or concealed facts. XXXX. Negligence : If proven the companys failure to follow proper standards resulted in harm. PNC Banks actions may also constitute unfair or deceptive acts or practices under federal and state laws, including : 15 U.S.C. 45 ( Federal Trade Commission Act - FTCA ) : The Federal Trade Commission Act prohibits unfair or deceptive acts or practices in commerce. Filing a loss mitigation application without my consent and misleading me about the status of my mortgage may qualify as a deceptive practice. 12 U.S.C. 5536 ( Consumer Financial Protection Act - CFPA ) : The CFPA prohibits " unfair, deceptive, or abusive acts or practices '' in connection with consumer financial products or services. PNC Bank 's unauthorized submission of a loss mitigation application without disclosure constitutes a violation of these protections. XXXX. Breach of Fiduciary Duty and Potential Financial Harm The unauthorized filing of a loss mitigation application may result in serious harm, including damage to my credit score, foreclosure proceedings, and financial loss. PNC Bank has breached its fiduciary duty by failing to act in my best interests as a borrower.