Consumer complaint received 2017-10-15
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: FIFTH THIRD FINANCIAL CORPORATION (OH)

Today,XX/XX/XXXX Fifth Third Bank repeated a process for I recently file a complaint with CFPB. 

Approximately XXXX XXXX today I noticed a gentleman going around to the side of my home as if he were looking for something. As I came to the door and he was coming up to my door he was asking my neighbors if anyone lived at my address. As I meet him at the door the gentleman said that he was here because he had an order to secure my home but he did n't know that my home was occupied so he would leave as happened before for which I filed the first complaint in XX/XX/XXXX case # XXXX. 

The gentleman although not the same person as before stated that it was a good thing that I was home because he had orders to break into my home and change the locks just as before. I asked the gentleman to hold on for just a moment and if I could take a picture of his order. The order is attachment in this complaint. 

The order came from Fifth Third Bank which again involved XXXX as before, this time along with the gentleman stating that he was from XXXX. Whomever is sending out these orders are well aware that they are asking these companies to break into people 's homes and it is not because they again as before have taken any real effort to know that a property is abandoned, just behind in mortgage. 

What Fifth Third Bank is doing is engaging these companies to perform illegal collection tactics/harassment and it is not only wrong but dangerous to break into homes not assuring that they have been abandoned but simple behind in mortgage. From what I have read Fifth Third Bank is among several Banks using the same tactics around the country, State to State. 

Last time I was told by the bank that they need not make any contact with me when I asked why someone could not have simply called me on the phone or come to my home other than to break in when I am at home most of the time. I have never experienced anyone around inspecting my home, yet Fifth Third Bank insist that the home is inspected when even one month mortgage payment is behind. 

I am then charged a {$12.00} monthly fee each month for which fees now amount to more than the {$220.00} that is all that is currently owed to Fifth Third Bank in mortgage. In fact, my grace period date is the 15th of each month and I have someone at my door today to change my locks, XX/XX/XXXX? So I was n't yet even actually late this month. 

I missed a payment in XXXX of this year for which I have been paying from behind the last few months. I had planned to make that last payment before the end of this month to get back on track but again have someone at my door today to change my locks before I could. 

It is a simple matter with Fifth Third Bank that to go behind one payment that is not caught up within 3 months of missing that payment they are allowed to break in the home and change the locks. Not that the home was inspected and found to be actually abandoned, but because three months went by without catching up a payment. Actually, that is just the legal excuse for which they rely on the clause in their contracts that they can secure the home as to their interest after three months. Which is actually illegal without due diligence of assuring that a home has been abandoned. 

So Fifth Third Bank aggressively exercises their right to the clause as a collection tactic to harass and scare people into paying what 's owed and not falling behind because you can come home and be locked out as well as your home processions taken from you. And it 's done under falsification that the home has been abandoned. 

This is one of the worst things that I have ever seen and that you can do to people that are struggling to make it. Somebody actually needs to be jailed for this. There has been no foreclosure proceedings whatsoever on my home yet I been through this twice now. Lucky that I was at home so my home was not broken into and I locked out of for {$220.00}. 

These actions have only become a shortcut and means of avoiding timely foreclosures for which there are proper laws for and these people of banks and companies need to start going to jail for least violating property rights. 

Ohio law section 1303.31 makes clear that factors must be met and true by clear and convincing evidence of the following : Utilities have been disconnected ; ( No Effort by Fifth Third ), Doors are smashed in on the property ; ( Non such at the property ), window panes broken and unpaired ; ( Non such at the property ) ; however, you will find in the order submitted for evidence first reads ; " broken glass removed from interior and exterior areas and replaced. '' ( Non such at this property ), the XXXX workers looking for them before coming to my door. 

So now there is falsification of evidence within this order when there is no such evidence. The inspectors are fraud as well and rarely get out of their car if they come at all. These actions are being taken against people simply trying to live, struggling to make it who have fallen behind. These banks have no shame, but regardless of the money they may have to fight these issues in order to shortcut people 's rights and keep making money, there are those that will give everything that they have to fight it. 

That is why I am reporting to these agencies such as CFPB who are vital in the fight and should not sit by willing to allow these injustices but continue to make these banks and companies answer the hard questions of what they are actually doing. As far as the banks are concerned they continue to win when they lose because they still get to keep the majority of what they take so ( so what they figure ).