Consumer complaint received 2016-02-17
Product: Mortgage — VA mortgage
Issue: Loan modification,collection,foreclosure — 
Company: FIFTH THIRD FINANCIAL CORPORATION (FL)

My wife and I were approved for a repayment plan by our servicer Fifth Third in order to bring our loan current. The plan started on XXXX XXXX however because of the increased payment we were told by more than one Fifth Third agent that we are able to utilize the 15 day grace period in order to make the payments. The initial payment was due on XXXX/XXXX/XXXX however we were not able to make the payment until XXXX/XXXX/XXXX. Again under the assurance by Fifth Third representatives that our grace period would be honored I overnighted a cashiers check for the initial down payment which was accepted by Fifth Third and our repayment plan was activated. The next payment, due on XXXX/XXXX/XXXX, was made actually made on XXXX/XXXX/XXXX by a Fifth Third agent over the phone and again the payment was accepted without issue due to it being within the 15 day grace period. The following payment, due XXXX/XXXX/XXXX, was made on XXXX/XXXX/XXXX over the phone with a Fifth Third agent ( confirmation # XXXX ). The Fifth Third agent that processed the payment assured me that since I made the payment on XX/XX/XXXX and it is a Friday the payment would be applied to our account reflecting the XXXX. The number called in order to make the payments is directly to the team that manages the XXXX XXXX at XXXX. These agents assured me each time that the grace period is in affect for our repayment plan and confirmed more than once it is 15 days. I specifically asked the agent who took my payment on XXXX/XXXX/XXXX if the payment would register and he confirmed that it would. He also stated that when they go back and look at the payment they will see that the payment was made on XX/XX/XXXX and will not break our plan. I called on XXXX/XXXX/XXXX, since the previous day was a bank holiday, in order to make a payment and was advised that our plan was broken XX/XX/XXXX. We DID NOT receive any notice via mail or phone call that our plan was broken by our assigned representative. The agent that advised me of the break on XXXX/XXXX/XXXX stated that the plan break was computer generated and as such does not have any human involvement. Fifth Third 's website specifically states that we are assigned a representative through the entire process. This indicates to me that once our loan is current and we are no longer on any type of workout this agent is no longer assigned. I am under the assumption that this agent is also notified of any plan break within their pipeline and at that point would have the option to confirm that the payment was made. I called back XXXX times on XXXX/XXXX/XXXX for clarification on how to reactivate the plan and after being transferred 4 times and place on hold for several minutes I was told the only option is to replay. I was also advised that our loan was placed in a FC status and is awaiting a sale date, again without being notified. 
I am formally request that the Cease and Desist is removed from my account and the FC is placed on HOLD because of the premature plan break and the confirmation by several Fifth Third agents that the 15 grace period applies. The previous payments were accepted under the grace period and Fifth Third can not pick and choose which payment they choose to accept under those circumstances. If it is acceptable for one payment than it is acceptable for all. We are struggling to make the additional {$1000.00} payment each month however we manage to do it. We have a young daughter that is doing well in her school and would not want to move her because of losing our home due to an oversight on Fifth Third 's behalf. We do have a VA loan and I have a VA agent assigned that has been helping us through this process. The VA rep has no issues with any type of workout that we are approved for and is on standby awaiting to hear from Fifth Third. I asked for the C & D due to harassment and being berated by collections and I would rather endure that again than lose our home.