Consumer complaint received 2019-01-11
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: FIFTH THIRD FINANCIAL CORPORATION (FL)

XXXX XXXX XXXX XXXX XXXX . 
XXXX XXXX, FL XXXX XXXX home office XXXX cell XXXX This is the letter I sent earlier in the week to the Office of the President at the fax listed on the letter. I think this is the easiest way, I can in fewer words convey the difficulties I'm having. Yesterday was the final blow when they sent me the third mortgage escrow analysis in the last few months, this one showing I have an overage of {$14000.00}. These are the last people who need to be handling our mortgages. They're cooking these books. Their junk fees they're always adding, if accrued would give them enough arrears to push most people over the edge into foreclose, if they don't realize unless called for in their mortgage, can not legally be added. Please correct me if I'm wrong. 
Here 's what I sent : XX/XX/XXXX Office of the President 5/3 Bank Fax # XXXX RE :  QWR - Regarding Mortgage Loan Account # XXXX Dear Sir/Madame : I originally wrote this letter to you on XX/XX/XXXX but after receiving a call from XXXX, with Fifth Third, advising she had been assigned as my exclusive contact, along with a direct telephone point of contact, I was hopeful it would be unnecessary. After repeated assurances Fifth Third was working diligently and expecting a resolution soon, I didnt send it at that time. Ive changed the date to todays date and am now sending this letter to you, as this is past the critical stage and heading to catastrophe and my repeated messages to XXXX on my direct line have gone unanswered. If I can not get resolution to this matter by Wednesday, XXXX XX/XX/XXXX, it is my intention to engage the assistance of a group of lawyers, which I can assure you will cause far more expense and difficulty, if that is possible. 

Your bank has made a serious error regarding the above account and my efforts using your standard methods have not been successful, so Im reaching out to you today in hopes you can help get this issue resolved. 

Unfortunately, Ive very ill right now and am unable to provide exact dates of everything as theyve occurred, as Ive been unable to return to my office where my records are kept. Hopefully, with the estimations Ill provide, youll be able to determine where things went wrong. 

I live in XXXX Florida and was a victim of Hurricane Irma. I received forbearance assistance, for which I was very grateful, while I fought and continue to fight my insurance company to get my home returned to its pre-storm condition. I recently participated in the modification trial period and my mortgage was modified in XXXX, XXXX. 

So far, Ive received two checks which were made out to myself and 5/3 which I promptly deposited into what I was told was an escrow account for insurance proceeds, to be paid out when work to my home was complete. The first check was deposited and according to your protocol, I called for an inspection. No inspector ever came but I did finally receive the check for my roofer and he was paid. The second check, which was deposited somewhere around XX/XX/XXXX was in the amount of {$8400.00} and cleared your bank XX/XX/XXXX. Around XXXX, XXXX I submitted paperwork for my fence contractor to be paid. When I heard nothing back, I called and was told it was never received but a bit later in the conversation, alas they found the request. I was told it would be processed and Id have the funds in 7-10 business days. Im still in the throws of remediating mold in my home, so it may have been 3 weeks before I called again as there was still no check. At this point Im getting threatening letters from my fence XXXX who has completed his work sometime ago and if not paid very soon, will be turning me into a collection agency. Having just completed 5 years payout on a Chapter XXXX bankruptcy I was forced to file after my husband died, this is now of grave concern to me as Ive worked very hard to get my credit back in good standing. I called and again I was told there had been a delay but was once again reassured Id receive the funds in 7-10 days. Still no check, phone call or letter of explanation ever arrived. I called again on XXXX XXXX and was told there was an issue with my account, i.e. I only had {$34.00} in my insurance escrow account. Now its getting very serious! 

Somewhere within that time frame of phone calls and after my modification, I was notified the annual escrow analysis had revealed an overage in my account and Id be receiving a check of around $ XXXX. It didnt occur to me those were actually insurance funds because they were such different numbers. Only after reviewing my last mortgage statement where I saw my taxes and insurance had been paid, did I begin to put it together. 

Now Im being told regarding my modification they are redoing the numbers, unfortunately, I believe its being done with insurance claim funds that are meant to restore my home and desperately needed in order to keep from further damaging my credit. I wish I were more confident Id receive some immediate help but having sent several QWRs in the past which never received a response, I cant help but worry this too will be another disregarded and ignored request. I dont have the dates of those QWRs at this moment but can provide those once I can get back to my office. 

In addition, Im constantly having to call for removal of what I call drive by fees, I believe your term is inspection fee for {$12.00}. When I spoke to the bank yesterday, having seen more on my statement, I asked they be reviewed. Ive been told by legal council if those fees were not spelled out in my mortgage documents, they can not be collected. Your Fifth Third representative advised those were legal fees if one was in arrears ; however, Id just been reassured my account wasnt showing arrears or not in good standing, simply showing it was being modified and the forbearance was not being reported to the credit agencies and all was well. My mortgage documents do not permit these fees and theyve always been removed before ; however, it is quite troubling they continue to be added and I must be vigilant or theyll continue to be added to my account, which is in my mind, a type of fraud. I would also appreciate if you would instruct those fees never be added to my loan again and any I may have missed, also be refunded. 

After many hours on the phone with different departments, I fear this has become such a convoluted mess, involving so many different departments and personnel, it will take someone in extreme upper management to get this issue resolved, hence this letter to you. 

Time is of the essence and this has the potential to be a serious legal problem. Because Ive received such a run around, I felt it necessary to contact the CFPB. I plan to file a formal complaint this afternoon. 

This is absolutely unacceptable and these issues must be addressed immediately, the inspection fees removed, corrections made and checks provided to myself for the {$2300.00} which was the down payment on the fence and to the remainder to the contractor, XXXX XXXX, who has completed his work. 

Please help me resolve this issue which left undone could have catastrophic results for both 5/3 and myself. 

Regards, XXXX XXXX XXXX XXXX home/office XXXX cell