Consumer complaint received 2026-04-27 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Closing on a mortgage — Closing disclosure or other related disclosures
Company: FIRST CITIZENS BANCSHARES, INC.
State: CO

Complaint narrative:
I am the sole borrower and sole obligor on a First Citizens Bank conventional home mortgage. On XX/XX/XXXX, FCB disbursed an unauthorized payoff of {$950000.00} from this loan WITHOUT my authorization and WITHOUT providing me ANY closing documentation as the sole obligor. This complaint addresses the CLOSING-PROCESS / CLOSING-DISCLOSURE dimension of FCB 's conduct. A separate CFPB complaint ( # XXXX, currently in " Company still working '' status with FCB 's interim response on XX/XX/XXXX and a final-response deadline of XX/XX/XXXX ) addresses the related but distinct payment-process / payoff issues. This new complaint is filed because new evidence has crystallized a separate set of closing-disclosure violations. NEW EVIDENCE XX/XX/XXXX RECORDED CALL WITH FCB 'S OUTSIDE FORECLOSURE COUNSEL ( lawful one-party-consent recording under C.R.S. 18-9-303 ( 1 ) ) : ( a ) When asked what paperwork he relied on to issue the payoff statement, FCB 's outside counsel stated : " The deed of trust and the third-party authorization. '' When asked which third-party authorization, he said : " From your ex-wife. '' [ XXXX / XXXX ] ( b ) When asked if he was unfamiliar that I am the sole borrower, he stated : " I'm familiar with it and I'm familiar with all the goings on. I'm familiar with you not being involved in the sale of the property. '' [ XXXX ] ( c ) When asked about the XX/XX/XXXX unauthorized quit claim deed under active FBI investigation, he stated : " I'm aware of it, but again, court is obviously didn't have any problem with the sale going forward. '' [ XXXX ] ( The court order he referenced authorized a SALE, designated the COURT CLERK as the authorized signatory for closing documents, and presupposed I would remain on title none of which actually occurred. ) ( d ) When asked if he was familiar with the pending RESPA Qualified Written Request, he asked : " To who? '' When told " First Citizens Bank, '' he stated : " I haven't seen that. '' [ XXXX ] This is direct evidence that FCB did not transmit the QWR to its own outside foreclosure counsel the loss-mitigation channel was siloed from the foreclosure-collection channel. ( e ) When asked if he was familiar with the due-on-transfer clause in the deed of trust ( XXXX XXXX Form 3006 ) , he stated : " No. '' [ XXXX ] ( Admitting no due-on-transfer analysis was performed before disbursement. ) ( f ) The call was terminated within seconds of my reference to 18 U.S.C. 1344. [ 00:09:54 ] NEW VIOLATION FCB REFERRED THE LOAN TO FORECLOSURE COUNSEL WITHOUT SATISFYING RESPA PRE-FORECLOSURE-NOTICE REQUIREMENTS : I never received any of the following statutory pre-foreclosure communications that 12 C.F.R. Part 1024 Subpart C and XXXX XXXX XXXX require before a servicer may refer a loan to foreclosure counsel : - Live contact and written notice within 36 + 45 days of delinquency ( 12 C.F.R. 1024.39 ) : NO - Continuity-of-contact assignment of personnel ( 12 C.F.R. 1024.40 ) : NO - Acknowledgement of any loss-mitigation application within 5 days ( 12 C.F.R. 1024.41 ( b ) ( 2 ) ) : NO - 120-day delinquency rule before foreclosure referral ( 12 C.F.R. 1024.41 ( f ) ( 1 ) ) : NO - Pre-acceleration notice ( XXXX XXXX XXXX XXXX ) : NO - Colorado public-trustee Notice of Election and Demand ( C.R.S. 38-38-101 et seq. ) : NO I discovered FCB 's outside foreclosure counsel had been engaged on this account ONLY because a separate creditor sent me a payoff statement that originated from that firm circumventing the single point of contact I had established directly with FCB. NEW EVIDENCE FCB 'S XX/XX/XXXX WRITTEN ATTRIBUTION OF THE NON-BORROWER AUTHORIZATION TO LAND TITLE GUARANTEE COMPANY : Paragraph 4 of FCB 's XX/XX/XXXX QWR Response states verbatim : " The authorization form received from XXXX XXXX XXXX XXXX is enclosed. '' Page 5 of the enclosure is the actual authorization a DocuSign Envelope dated XX/XX/XXXX, signed by my non-borrower ex-spouse with no contractual authority over my mortgage. The form is on XXXX letterhead ( Form XXXX ), bears XXXX escrow file number XXXX, and shares Work Order XXXX with the rest of XXXX 's closing package. This is FCB 's WRITTEN ADMISSION that XXXX originated the workflow that solicited a non-borrower 's signature on a federal-mortgage payoff authorization. Combined with the foreclosure-counsel admission above, this establishes that XXXX produced the DocuSign authorization, XXXX transmitted it to foreclosure counsel, foreclosure counsel processed it without any contact with the actual obligor, and FCB accepted the non-borrower 's signature and disbursed {$950000.00}. This conduct violates 15 U.S.C. 6802 ( Gramm-Leach-Bliley Act prohibition on disclosure of nonpublic personal information without consumer consent or enumerated exception ) and 15 U.S.C. 1691 / 12 C.F.R. Part 1002 ( Equal Credit Opportunity Act / Reg B prohibition on requiring spousal signatures where the primary obligor independently qualifies ). NEW EVIDENCE DOWNSTREAM ACTUAL-NOTICE CAMPAIGN AND FCB 'S CONTRASTING INSTITUTIONAL SILENCE : Between XX/XX/XXXX and XX/XX/XXXX, I delivered comprehensive actual notice of the forged XXXX chain and the resulting title defect to every relevant downstream party in the buyer 's purchase chain buyer 's counsel ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX, the buyer 's brokerage ( XXXX XXXX XXXX ), the buyer 's manager directly at his federal employer, the foreclosure firm 's managing attorney ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX 's internal counsel ( XXXX XXXX ) XXXX Each was placed on actual notice with a documented evidentiary record. In the same six-day window, FCB 's response to the same factual record was : ( a ) outside counsel terminated the recorded call when XXXX was invoked ; ( b ) FCB Loss Mitigation initiated an internal fraud investigation but the employee ( XXXX ) was placed under a management gag order on XX/XX/XXXX ; ( c ) outside counsel had no copy of the QWR ; ( d ) outside counsel had performed no due-on-transfer analysis ; ( e ) FCB sent its XX/XX/XXXX QWR Response to my counsel on a separate civil-litigation track instead of to me at the point of contact I had designated under 12 C.F.R. 1024.35 ( e ) ( 1 ) / 1024.36 ( d ). CROSS-REFERENCE TO PRIOR COMPLAINT : Existing CFPB Complaint # XXXX ( " Trouble during payment process, '' " Company still working '' as of XX/XX/XXXX ; final-response deadline XX/XX/XXXX ) addresses the unauthorized payoff and management gag order. THIS complaint addresses the distinct CLOSING-PROCESS / CLOSING-DISCLOSURE issues : ( i ) the absence of any closing documentation despite my sole-obligor status, ( ii ) the foreclosure-counsel admissions about reliance on a non-borrower authorization, ( iii ) the 1024.39/.40/.41 pre-foreclosure-notice failures, ( XXXX ) the XXXX attribution of the originating workflow, and ( v ) FCB 's misrouting of the QWR Response to non-designated counsel. The full Supplemental Addendum v2 ( with verbatim transcripts, exhibit citations, and statutory authority ) is attached. A companion XXXX XXXX XXXX XXXX XXXX ( XXXX ) catalogues all 14 admissions with timestamps and authorities. NOTICES : XXXX Adaptive Tools Note : I use adaptive communication tools including computer transcription aids and other AI-based assistive technologies as ADA-protected accommodations for XXXX XXXX. While every effort has been made to ensure accuracy, human errors inherent to these tools may occur. Federal Witness Notice : I am a federal witness and informant in an active FBI XXXX Field Office Public Corruption Division investigation ( FBI Tip ID : XXXX ). The conduct documented herein constitutes criminal conduct not mere misconduct implicating violations of 18 U.S.C. 241, 242, 1344 ( bank fraud ), 1503, 1512, 1513, 1519, and 1957. Any adverse action taken in connection with these disclosures may constitute witness tampering or retaliation under federal law.

Company response to consumer: Closed with explanation