Consumer complaint received 2025-01-30 00:00:00
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: FIFTH THIRD FINANCIAL CORPORATION
State: IL

Complaint narrative:
XX/XX/XXXX Subject : Complaint Against Fifth Third Bank for Dual Tracking , FHA Violations, and Unfair, Deceptive Practices Dear Consumer Financial Protection Bureau, I am filing this complaint regarding Fifth Third Banks unlawful foreclosure actions while my mortgage assistance application is under review, in violation of dual tracking restrictions under Regulation X, 12 CFR 1024.41. Additionally, my mortgage is an FHA-insured loan, meaning Fifth Third Bank is required to comply with HUD guidelines and FHA loss mitigation regulations, which they have failed to do. I also believe Fifth Third Bank has engaged in unfair and deceptive practices in an apparent attempt to force me into foreclosure for their financial gain. 

Background & Violations of Federal and FHA Protections : I submitted my mortgage assistance application to Fifth Third Bank on XX/XX/XXXX, and received confirmation that it was under review. However, despite this, Fifth Third Bank : Filed a foreclosure case in XXXX XXXX, IL ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) on XX/XX/XXXX on XX/XX/XXXX, while my application is still pending and under review. 
Attempted to serve me with foreclosure papers on XX/XX/XXXX, in direct violation of federal regulations prohibiting foreclosure proceedings while a completed loss mitigation application is under review. 
Is represented in this foreclosure case by XXXX XXXX XXXX, XXXX. 

Additionally, my financial hardship was temporary, and I took proactive steps to inform Fifth Third Bank of my resolved situation : I started a new job on XX/XX/XXXX. 
On XX/XX/XXXX, I submitted proof of employment, including my offer letter ( confirming I passed the background check and drug test ) and my welcome email detailing my first day of work ). 

Despite this, Fifth Third Bank ignored my efforts to demonstrate financial stability and proceeded with foreclosure action, further underscoring their blatant disregard for federal law and FHA servicing requirements. 

As an FHA-insured loan borrower, I am entitled to specific protections under HUD 's loss mitigation rules ( HUD Handbook 4000.1 ), which require mortgage servicers to : 1. Evaluate borrowers for loss mitigation options before initiating foreclosure.

2. Provide proper notice and guidance on all available alternatives to foreclosure.

3. Follow specific timelines and procedures before referring an FHA loan to foreclosure.

Fifth Third Bank has failed to comply with these requirements by moving forward with foreclosure before completing a full review of my assistance application and failing to acknowledge my improved financial status. 

Unfair & Deceptive Practices : Beyond violating federal and FHA regulations, Fifth Third Bank has engaged in a pattern of unfair and deceptive practices, including : 1. Failure to properly process or acknowledge my mortgage assistance application, despite my repeated inquiries and communications.

2. Misleading and contradictory information from representatives, creating unnecessary confusion and delays.

3. Intentional delays and obstructive practices, seemingly designed to deny assistance and push me toward foreclosure.

4. Maliciously continuing with foreclosure despite knowing my hardship had been resolved, violating consumer protection laws. 

I believe Fifth Third Bank is purposely engaging in these tactics because my mortgage balance is low, and the housing market has increased significantly over the years. If they can successfully force me into foreclosure, they stand to make a significant profit by reclaiming and reselling my home at a much higher market value. 

Evidence & Supporting Documents : To support my complaint, I have attached the following : A copy of my mortgage assistance application submission ( dated XX/XX/XXXX ). 
Confirmation or correspondence from Fifth Third Bank acknowledging receipt of my application. 
Screenshots or documents from the XXXX XXXX court portal showing foreclosure case details. 
Proof of employment submission ( offer letter, background check confirmation, and welcome email from my employer ). 
A detailed history of my communications with Fifth Third Bank, highlighting their deceptive practices, dual tracking violations, and failure to comply with FHA requirements. 

Requested Action I respectfully request that the CFPB : 1. Investigate Fifth Third Banks actions and enforce the protections granted under federal and FHA regulations.

2. Require Fifth Third Bank to halt all foreclosure actions until my mortgage assistance application is fully reviewed and a final decision is provided.

3. Ensure that Fifth Third Bank complies with FHA servicing requirements, including proper loss mitigation evaluations before foreclosure referrals.

4. Hold Fifth Third Bank accountable for its unfair and deceptive practices, ensuring that homeowners are not being unlawfully forced out of their homes for corporate profit. 

This situation is urgent, and I appreciate your immediate attention to this matter. Please let me know if additional information is required.

Company response to consumer: Closed with explanation