Consumer complaint received 2026-01-19 00:00:00
Product: Mortgage — FHA mortgage
Issue: Incorrect information on your report — Account information incorrect
Company: FIFTH THIRD FINANCIAL CORPORATION
State: NY

Complaint narrative:
This letter serves as a formal notice of dispute, demand for immediate correction, and request for regulatory investigation regarding ongoing mortgage servicing and credit reporting violations by Fifth Third Bank related to the above-referenced FHA mortgage account. 
Fifth Third Banks conduct reflects a repeated pattern of inaccurate furnishing to the consumer reporting agencies, improper payment handling, and unreliable account data. These actions have caused measurable harm to my credit profile and raise serious concerns of noncompliance with federal servicing and consumer protection requirementsparticularly because Fifth Third Bank appears to be using internal processing/posting dates rather than actual receipt dates to justify delinquency reporting and fees. 

XXXX ) CORE DISPUTE ISSUES ( FACTS ) A. False XXXX Delinquency Reporting ( XX/XX/year> ) Fifth Third Bank reported XXXX XXXX delinquency for XX/XX/year> despite the payment being received within the same billing cycle and not XXXX days late. This reporting appears to be driven by Fifth Third Banks internal processing/posting timeline rather than when the funds were actually received by Fifth Third Bank XXXX 
Key point : For purposes of credit reporting and servicing compliance, the operative fact is when the servicer actually received the funds, not when it chose to apply or process them internally. 
B. Payment Handling Practices Suggest Improper Holding of Consumer Funds Based on repeated payment experiences on this account, Fifth Third Bank appears to hold consumer funds for multiple days before applying payments to the mortgage account. Fifth Third Bank then relies on its delayed internal posting date to support : improper late status reporting, improper late fee exposure, and negative credit furnishing to consumer reporting agencies. 
This practice is harmful, misleading, and operates in the servicers financial interest. 
The burden is on the furnisher/servicer to establish that payment was not received when transmittednot merely that Fifth Third Bank processed it later. 
XXXX Misrepresentation of Mortgage Balance ( XX/XX/year> ) On or about XX/XX/year>, Fifth Third Bank furnished information reflecting a mortgage balance inflated by nearly {$2000.00}, which did not match the monthly statement or account history. This is a material error that demonstrates the furnished data is unreliable and inaccurate. 
XXXX Failure to Correct After Prior Dispute ( and Signs of Retaliatory Furnishing ) Fifth Third Bank was formally notified in XX/XX/year> regarding the XX/XX/year> reporting error. Rather than correcting the account, Fifth Third Bank subsequently reported additional materially inaccurate information in XX/XX/year>, including the inflated balance. 
The timing and escalation of incorrect furnishing after we exercised our right to dispute raises serious concern that the subsequent negative furnishing was retaliatory, punitive in nature, and intended to discourage consumer disputes. 


XXXX XXXX Payment Processor Narrative Can not Shift Liability to Consumers Fifth Third Bank has asserted that mortgage payments must pass through a third-party payment processor before being credited. Even if true, Fifth Third Bank can not lawfully shift responsibility to the consumer for internal handling delays. 
Our payments are initiated in a manner where funds are transmitted from our financial institution and received by Fifth Third Bank within XXXX business day. Once the funds enter Fifth Third Banks possession ( directly or through its chosen processing channels ), any delay caused by internal automation, suspense accounts, or third-party processing is solely Fifth Third Banks responsibility. 
XXXX Coercive and Improper Communication / Account Access Practices Fifth Third Bank has also created barriers to normal account access and communications. We have repeatedly attempted to establish and maintain online access ; however, Fifth Third Bank has restricted access unless we consent to telephone contact. 
Even after explicitly requesting that telephone calls cease, we continued to receive inappropriate callsincluding calls made on Sundays asserting the payment was late when it was not beyond the contractual grace period. XXXX such call occurred on XXXX XXXX XXXX  during dinner, from an XXXX call center, after we had expressly instructed Fifth Third Bank to stop calling. 
These practices appear coercive and inconsistent with fair consumer communication standards. 

XXXX ) DOCUMENTATION AND PROOF I possess independent banking records showing exactly when payments were transmitted and when the receiving bank accepted funds. These records contradict Fifth Third Banks reporting and written representationsincluding information it provided to regulatory authorities. 
Because the dispute turns on date of receipt, it is essential that Fifth Third Bank produce the underlying evidence showing when funds were received into Fifth Third Bank-controlled accounts. 





XXXX ) LEGAL AND REGULATORY IMPLICATIONS This conduct raises concerns under, including but not limited to : Fair Credit Reporting Act ( FCRA ) inaccurate furnishing, failure to conduct a reasonable investigation, and continued reporting of disputed information. 
Real Estate Settlement Procedures Act ( RESPA ) improper handling, processing, and application of mortgage payments Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP/UDAP ) misleading delinquency reporting based on internal posting practices. 
HUD/FHA servicing requirements applicable to federally insured mortgages XXXX ) DEMANDS AND REQUEST FOR CFPB / AGENCY ACTION I respectfully request that the CFPB, XXXX, and all listed oversight recipients require Fifth Third Bank to : A. Produce Bank-Receipt Proof ( Not Posting Screenshots ) Provide verifiable evidence showing exactly when payments were received into Fifth Third Bank-controlled accounts, including : ACH and/or payment processor timestamp data. 
ledger postings showing date of receipt into Fifth Third accounts. 
suspense/clearing account records where funds were held prior to application. 
internal audit logs related to the payment lifecycle ( receipt holding application ) Not acceptable : internal posted date screenshots or generic payment history summaries. 
B. Conduct a XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX whether Fifth Third Banks payment posting practices represent a systemic operational process that creates artificial delinquency, late fee exposure, and negative credit furnishing. 
Given the recurring nature of this issue, I believe Fifth Third Banks practices may be widespread and may impact other FHA consumers.

C. Immediate Correction of All Inaccurate Reporting Require immediate correction of all inaccurate furnishing related to this mortgage, including but not limited to : removal/correction of the false XX/XX/year> delinquency correction of any late status tied to posting delays. 
correction of the inflated balance furnished on or about XX/XX/year> XXXX Preservation of Evidence Direct Fifth Third Bank to preserve all records related to this dispute, including payment logs, servicing notes, call records, processor records, and furnishing history to the CRAs. 

XXXX ) NOTICE OF SIMULTANEOUS DISTRIBUTION This letter is being sent simultaneously to all listed parties to preserve a complete regulatory record. Any failure to correct the inaccurate reporting and address the servicing practices described herein will be documented and may result in further escalation. 
Please govern yourselves accordingly.

Company response to consumer: Closed with explanation