Consumer complaint received 2020-06-25
Product: Mortgage — FHA mortgage
Issue: Closing on a mortgage — 
Company: FIFTH THIRD FINANCIAL CORPORATION (VA)

In mid XX/XX/2020, we began the refinance process with Fifth Third Bank in XXXX, Ohio. XXXX XXXX was the Mortgage Loan Processor. From XXXX, until when we closed on XX/XX/2020, it has been a tedious process at best. 

We communicated to XXXX XXXX that we wanted closing costs rolled into the loan if possible. He assured us that wouldn't be a problem ( I have the email ). At some point along the way, we were told that our Debt to Income ratio was 1/10th of a percent off, and that we would need to pay something off in order to go forward with closing. Mr. XXXX looked at our debts and suggested a XXXX XXXX credit card with a small balance of {$2200.00}. We went back and forth via email for a while, before it was decided that yes -- that card would be paid off. I suggested to XXXX XXXX that I pay the card off myself to expedite the process and he said NO! That the card would be paid off at closing. He explained that we would bring a check to closing for the amount of the card, made out to the closing company, and then they would pay the card off. Seemed odd, but I figured I had to do what was said. 

We received the Closing Disclosure on XXXX at XXXX XXXX. It showed that we needed to bring {$2200.00}. That was the amount to pay off the XXXX XXXX  card, with the rest of closing costs rolled into the mortgage. All looked good. 

On XX/XX/XXXX I got a cashiers check for the required amount. 

On XX/XX/XXXX XXXX XXXX called me to tell me that the money we needed to bring to closing had gone down ( now we needed {$1400.00} ), and asking whether we could get a new cashiers check. I'm a XXXX   XXXX, dealing with daily protests, and I told him I wouldn't be able to leave work and get to the bank all before closing that night. Mr. XXXX said he understood and told me that the difference of {$780.00} would be refunded to be from the XXXX  XXXX XXXX XXXX company in XXXX, Ohio. 

At XXXX on XX/XX/20, we received an email from Mr. XXXX which stated, " Mrs. XXXX I wanted to touch base on the funds for closing. You will still bring your check for {$2200.00}, but we only need {$1400.00}. The title company XXXX XXXX will send you a check for the difference.The title company has the closing docs, so you should be all set for tonight. I will be away from my computer tonight, if there are any issues please call my cell XXXX XXXX XXXX. There should not be any issues, but if there are please call me so I can try to help and correct. Thank you, XXXX '' At closing, a woman came to our home. She told us that she didn't know what any of the documents meant, just that we needed to sign each one and to do it in blue ink. I asked her about us bringing the check that was more money ... and when we'd get the refund. She said she had no idea and had nothing to do with any of that. She indicated that her ink cartridge had run out of ink and she didn't have the ability to print a second copy. She said she'd just come back the next day with a copy that she printed out. I told her no, that I'd like her to email me the copies ( as I wanted to be sure I had a copy of the documents ). Late that night we received the email with the copy of everything we'd signed. 

A few days went by, and I checked the XXXX XXXX  card that was supposed to be paid off. It still had the same balance. I called XXXX XXXX from XXXX XXXX on XX/XX/XXXX and she said they didn't have anything in their documents to pay off a credit card. She also told me that my refund of $ 700+ dollars had been sent to me via XXXX. 

I emailed Mr. XXXX to ask him about it, and he started looking into it. He sent the following email : " Oh my gosh. Ok, I will get on this now. It believe this falls on Fifth Third for not making them aware, but at the same time this should have been on the closing disclosure. I am sorry, I will get this worked out now. XXXX '' It is now XX/XX/20, and I have still not received the {$700.00} refund, my card is still not paid off, and I still have no resolution from the bank. 

At XXXX today, XX/XX/20, I received an email from XXXX XXXX which said, " Good morning - I do not have a definite answer now, but what I heard yesterday is we are going to have to reclose. They are going to correct this so we do payoff the credit card. That is the problem, the underwriter says she put paying off the card as requirement, but the closing dept did not see it, or it was not sent to them properly, that is what needs to be corrected. I am hoping we finally get it resolved today, but I will keep you posted as I hear more. 

XXXX '' The second email he sent me said, " You definitely would not pay for a 2nd closing. 

On bringing more money, I am fighting that, because that is not what was agreed to. It has not been said you would need to bring more money, but I have already said that is not what we want to do, or how this was set up to be. 

XXXX XXXX Mortgage Loan Officer / NMLS # XXXX '' The third email he sent said : " Here is what happened as best I can explain it - XXXX said we have to payoff the credit card to get the debt ratio in line. That is $ 2200+ That request did not make it to the closing team. But the closing costs, or escrow changed, so we were showing you needed to bring {$1400.00} to closing, but the problem is that did not include the credit card. So I thought, the costs had come down, so you did not need as much for closing. It was the opposite of that, you needed more, because we did not have {$1400.00} rolled into the loan amount. 
That is the problem now, fixing the {$1400.00} so you only have to bring the {$2200.00} to closing. You are still going to have to give that amount to pay the credit card. 
I knew the credit card had to be paid, so that is why the XXXX and I both thought you had to bring less to closing, we knew the card had to be part of the payoff, and thought it was listed for closing, but it was not. 

Does this help? 


XXXX XXXX Mortgage Loan Officer / NMLS # XXXX '' I feel as though this entire process is wrong. They are holding {$2200.00} of our money hostage, I'm still having to pay the credit card, they can't give me answers. Any type of recourse I may have is going to expire! We closed on XX/XX/XXXX. It's already been two weeks. I refuse to continue going back and forth and being railroaded by a bank that made a mistake and refuses to make it right. 

I have hundreds of emails exchanged between the bank and I, the CD, as well as the documents from the title company. Please help. 

Oh, additionally, they haven't paid the necessary taxes that are due XX/XX/XXXX. I've emailed them about it twice but as of today 's date it still hasn't been paid. I will not be paying the late fee for that either.