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  • Report:  #844556

Complaint Review: Fifth Third Bank

Fifth Third Bank Mortgage Falsly Reported as Included in Bankruptcy Madisonville, Kentucky

  • Reported By:
    Stevn — Madisonville Kentucky United States of America
  • Submitted:
    Sat, February 25, 2012
  • Updated:
    Wed, October 03, 2012

Fifth Third Bank has been falsely reporting my mortgage as "Included in Bankruptcy" since 2008, while processing our automatic payment deducted from checking account, and sending us a yearly mortgage interest statement for tax purposes. They have wiped out a 6 year history of on time payments and locked us into a 6.65% interest rate while we are refused credit for transportation to get to work and refinancing into a cheaper mortgage. They have provided us with a complete transcript of our 100% on time payments, but refuse to communicate the truth to any credit bureaus. Run, don't walk,  from any association with this bank!

4 Updates & Rebuttals


SCAMMED2MUCH

El Cajon,
California,
USA

A suggestion for you

#5Consumer Comment

Wed, October 03, 2012

If you are still experiencing these disturbing incidents with Fifth Third, I suggest that you go to Avvo.com, and post a question.  Do so, in the format of seeking a Lawyer in your area, regarding your civil rights and the Fair Debt Collections Practices Act, (FDCPA), as well as the Fair Credit Reporting Act, (FCRA).  I have found that site to be quite helpful, and have also retained counsel through the site.  Give it a shot.  It can't hurt.  You are apparently getting "no where", by posting here, so try seeking some help, and get an attorney.  Perhaps, once you have provided all of your info, you will know exactly what to do.  I have had TERRIBLE experiences with Fifth Third and RAB... and ...well..I will update later.  But, please do yourself a favor, and put the info out there for attorneys to see on Avvo.com.  You may be very pleased that you did.  Good luck to you.  


Stevn

Kentucky,
United States of America

Legal Aid says "Sue Fifth Third Bank!"

#5Author of original report

Wed, May 23, 2012

Took all the documents to Legal Aid today. They have violated every provision of the law governing financial institutions which furnish information to CRAs. They lack the ability to pursue the case, because they have one lawyer and three paras for ten counties. They will try to find me a lawyer. Anyone else out there have this problem? Wanna join forces?
Any plaintiff's attorney who wants a deep pocket prima facia case on contingency/pro bono?


Stevn

Kentucky,
United States of America

It is listed as a charge-off

#5Author of original report

Thu, March 01, 2012

30 days delinquent as of 2/08, which is totally false. $0 balance,$0 monthly payment, discharged in bankruptcy. I got a dispute resolution notice from Equifax yesterday, still showing those listings, but with a payment history appended showing 6 years of on time payments. I tried to call the number included on the notice, but it claimed my report number was invalid.
The attorney who handled the bankruptcy seems to have vanished. His office is still there, but phone is cut off. He was elderly. Perhaps he is ill.

Our copy of the court docs includes a chronology showing that a reaff was filed on the mortgage, but the reaff was not included in the package. I hope to get a copy from the court next week.


Robert

Irvine,
California,
U.S.A.

That may be correct..

#5Consumer Comment

Sat, February 25, 2012

Now I am figuring that you at some point did declare bankruptcy.  If not then you have other major issues you need to deal with.

So if you declared Bankruptcy you are required to include ALL of your Debts.  So your Mortgage needed to be included in the filing.  If by chance you didn't list it and the Bankruptcy Courts found out you would not have to worry about your house anymore because the Feds would be providing you new living arrangements.  So the listing that it was "Included in Bankruptcy" may be valid.

Secured loans(such as your Mortgage) are handled differently than unsecured debts(such as credit cards).  In addition your primary residence may have additional exemptions depending on your state.  So it may be possible to keep your home, make all your payments, but still have it under Bankruptcy.  A lot depends on your exact circumstances, such as at any time did you sign anything like a re-affirmation agreement.

This is all stuff you lawyer should have gone over with you.  So what did they say?  If they say that it is an invalid listing why haven't they gone after the Credit Reporting Agencies for FCRA violations?

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