Consumer complaint received 2022-04-04
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: FIFTH THIRD FINANCIAL CORPORATION (OH)

Mortgage Loan Number : XXXX I am dispute 53 bank mortgages specifically- different-handling of my house mortgage case as my lender as well as to request information about their denial for the mortgage modification I had applied for TWICE. The information described below is in regard to my mortgage on property at : XXXX XXXX XXXX, XXXX, OH XXXX. Practically, I have owned this house since 2004 with a perfectly regular mortgage monthly payments effectively since then until the last year. 
My dispute involves the following points : I ) Servicers failure to provide accurate information about the loss mitigation options : I had submitted for this solution that you had proposed to me providing you with all information and documents you had requested. However, you had declined my request a couple of times without any clear, for me, explanation to your denials as if I am your enemy! 
II ) Escrow Errors : Unfortunately, you had increased my mortgage balance by {$10000.00}, which complicated my monthly mortgage amount by a sudden increase of {$350.00} more than what I had expected and used to pay before. Based on these unknown, non-predictable mortgage bad changes for me as an old, XXXX, and retired individual, I applied immediately for the Loan Modification, per request in order to avoid further mortgage troubles. However, you declined my application without any clear knowledge ( of my side ) about the real cause for your denial of the loan modification for me that you had ( over the phone ) referred to the XXXX XXXX XXXX For this particular point, I have to make you aware that I had already been approved more than XXXX year ago by the XXXX XXXX XXXX ( my lender to the other property ) for its mortgage modification for that property that I had used to live in over the past 10 years before my retirement and moving back to XXXX ( Ohio ). 
It seems to me that the escrow errors came from TWO different unfair and illegal sources : unlawful HOA fees that had been added to my mortgage balance for the current property from a totally different property mortgage that I do NOT own anymore! This illegal behavior from you had fully happened WITHOUT ANY KIND of PRIOR NOTIFICATION TO ME FROM YOUR SIDE!? Thus, You had done this with a COMPLETE IGNORANCE TO A NUMBER OF ESSENTIAL FACTORS AS REGARD TO THAT OTHER MORTGAGE, which include : 1- My full regularity in making this condo HOA fees since its purchase until losing it on a monthly basis out of my 53 bank accounts. I do believe that this can be fully identified and proved easily by you as my lender ( 53 banks ).

2- You as my lender ( the 53 Bank ) had sold that condominium ( I used to have ) for a very good price ( {$78000.00} ) that exceeded my balance to that condominium mortgage at that time by more than {$28000.00}. Much more importantly here to say is that I had NOT gotten anything out of this condominium sale despite the fact of my regularity in making its mortgage payments for more than 17 years! Basically and per CFPB representative, these facts should logically and potentially, as well as legally abort any lenders thoughts of implementing the mortgage balance increase for this mortgage from a totally DIFFERENT PROPERTY MORTGAGE! 
Other Charges : I do believe that I am entitled to a refund of excess funds in my escrow account and it had never been considered in my application for Loan Modification.

Also, these facts considerably mean that you as a lender had made the following errors : III ) Eligible Fee Ignorance ; and, IV ) Fee Errors.

V ) Unfair Bank Errors : Very HIGH MORTGAGE INTEREST RATE as a result of the Lenders full responsibility for hurting my Credit Score and destroying it the lowest. Also, it results in FULL INABILITY TO REFINANCE at a much lower interest rate than what YOU ARE CHARGING ME FOR MANY YEARS!!! This is a DIRECT INDICATOR for the huge FEE LOSS ( due to this unfair error ) for the bank HIGH MORTGAGE INTEREST OVER MANY YEARS.

Based on these multiple basic dispute items with you, my main question here is : 1- What is the difference between the two major lenders in this country ( 53 Bank and XXXX XXXX XXXX  XXXX, which are located in the same country and governed by the same national and constitutional laws and regulations?! Since, for my simple understanding, the national and constitutional laws and regulations should be the same! 
2- Despite the fact of providing you ( the 53 Bank ), per request, all the information and documents for that mortgage modification, what is ( are ) the main reason ( s ) of the 53 Bank lender for its denial?!

3- On the other hand, how come the 53 bank mortgage lenders allowed themselves to increase my mortgage balance by {$10000.00} WITHOUT ANY PRIOR NOTIFICATION TO ME? That lenders behavior made me feel as if I had just purchased the house just recently!? If the bank refers its reason for these additional balance increase to my current mortgage balance to the HOA fees of the condominium I used to have ( XXXX ), I am definitely DISPUTING this action of the unfair balance increase for a number of reasons, which include : a- My full regularity in making this condo HOA fees since its purchase until losing it on an automatic monthly basis out of my 53 bank accounts. I do believe that this can be identified and proved easily by my lender ( 53 banks ).

b- The 53 Bank lender had sold that condominium ( I used to have ) for a very good price that exceeded my balance to that condominium at that time by more than {$28000.00}. However, I did NOT get anything out of this condominium sale despite the fact of my regularity in making its mortgage payments for more than 17 years! 
Basically, these facts should potentially, legally, and logically abort any lenders thoughts of implementing the mortgage balance increase for an ABSOLUTELY DIFFERENT PROPERTY and a TOTALLY DIFFERENT MORTGAGE as the CFPB representative confirmed to me the illegality of this behavior. Also, she advised and guided me to make this letter to you for that error to dispute, and to info REQUEST in writing to my lender ( Fifth Third Mortgage ) since it provides additional protection.

I would really appreciate your serious considerations to my mortgage dispute request, and I look forward to hearing back from you. 
Sincerely