Complaint Review: Fifth Third Mortgage Co./Bancorp

I am a mother of 2 small children, one with Autism & special needs, and I have had my home illegally foreclosed on by 5/3 Bank. I am extremely well documented to which they are not.

They have falsified documents and stated in the foreclosure action against me that I have defaulted on my loan and they have not received payment from me since August of 2005. The foreclosure action was filed in December of 2005.

I have every months mortgage payment receipt in hand that covers payments up until March of 2006. The bank's excuses continually change when I discredit their false statements. They will not produce a loan history for my account stating they switched to new software programs and no longer have access to the first 3 years of my loan. It has been discovered that they have padded my loan with excessive fee's that are all bogus, and have force placed insurance on my loan every year, sometimes twice a year when I have always carried my own home owners insurance.

I can't begin to tell you what a nightmare this has been for me and my family. The bank knew I was a single mother and unemployed (due to my son's disabilities and special needs) with an excessive amount of equity in my home.

I had purchased my home from my parents when they retired for a marginal price of $51,500 in February of 1999 when I was employed at the U.S.P.S. The last appraisal I had done on my home was in 2000 and it was for over $126,000. Since then I have added a finished 3 car garage and totally updated every aspect you could do to an older home.

Everything brand new in 2001 from ceramic tile floors throughout, hard wood floors in bedrooms, updated both bathrooms, electric, new appliances, new doors, doorjams, new furnance, new water heater (tank) and all new appliances as well.

Needless to say a new appraisal would be much higher than that of $126,000. (my next door neighbors house is currently listed for $139,000 and no updates done to it, not to mention the lot is twice as small). So the bank illegally taking my home would net them a great deal of profit!

I have been through 3 attorney's now and am currently representing myself Pro Se and could desperately use some help! The first attorney charged me over $1600 and lost my home on summary judgment for no response. His excuse was that his mail carrier was a drunk and didn't deliver his mail. He was fired. I filed Pro Se a motion 60B to vacate and the Judge granted and threw out previous foreclosure and sheriff's sale. We were 1 week away from being homeless.

I personnaly went to HUD's regional offices in Chicago, IL to file a complaint and drop off my documentation. Hud is currently investigaing them. The Judge gave me an additional 30 days to seek new counsel for the foreclosure and my counter claim. I had to borrow money from my parents to obtain counsel.

2nd attorney did nothing but file motions for time extensions because 5/3's General Counsel contacted me and wanted to settle to avoid HUD doing an intensive investigation into my account. I didn't want extensions because I had proof that would've dismissed their foreclosure action. I was told that my attorney knew what he was doing and wanted to see what the bank was going to offer first. The bank would hot produce any documents we requested, nor did they have any answers for all of the excessive fee's that were charged on my account. They even stated they had lost my note. They did however make it a point to tell us under no circumstances did they want this case to go public!

However during negotiations, my attorney never returned my phone calls, HUD's phone calls, or the phone calls of General Counsel. I went to another firm to see what I could do, and when they called his office when I was consulting my attorney answered the phone finally. When he heard I was consulting with another firm he immediately withdrew as my counsel leaving me no time to answer to summary judgment in court seeing as it was due the same day. The new firm told him to call the Judge and request additional time so that I would not lose again for no response. I got on the phone and was told to come pick up my file when I left that office.

So I sit in a new firm, with no counsel, and was told that IF I decided to use this firm they would need at least a $5,000 retainer. They told me to take the weekend to think about it, and if I wanted to retain them call them Monday and bring them in the $5K retainer. I told them I really didn't have a choice now seeing as my attorney just quit and I have 7 days (Judge granted a 7 day time extension) to respond to the motion for summary judgment and I would have to retain them now. He said take the weekend and call me Monday and bring in the money.

I went home and did NOT know what in the heck I was going to do now. Again, I had to borrow money from parents so that I did not lose our home again. Monday I went in with $5k and retained them. But when I got there and seen the agreement, it stated that they would only negotiate and settle the foreclosure with 5/3 and would not represent me on my counter suit unless I gave them a $20K retainer. This was at 4 p.m. So I signed the agreement because I didn't want to be stranded with no representation. I was there for 45 minutes tops.

After leaving that office I did not have a good feeling regarding the representation of this firm. So when I thought about it and slept on it, I woke up the next morning and immediately called the office to see if they filed an appearance yet for me. She said no you just signed the retainer agreement last nite. I said great, please don't, I am going to try and do this Pro Se. I was told to come in and pick up a check for the $5K I gave them yesterday. However, when I got their I was told that I would only get $4K back because they spent 4 hours with me Friday consulting. I don't know how attorney's sleep at night?

To date, I have not received my refund check from that firm. I filed a motion for additional time to amend countersuit and obtain new counsel and a response to the bank's msj.

I can't believe the injustices that seem to be running rampant everywhere in this town. Every law firm I call cites a conflict of interest in this town. I don't know what to do?

I can tell you that I would rather be spending my time and finances for the services and well being of my Autistic son than that of trying to fight a big corporation.

This bank has ruined my credit and I am sure I will have enormous fees incurred trying to clear it up. I don't know how you can make every mohth's mortgage payment and still have your home foreclosed on? Where are the consumer advocates. This bank has dumped us from the American Dream! Is this the democracy we are so desperately trying to spread around the world?

Any advice or assistance in getting this case publicised would greatly appreciated. I say why does the bank want to keep this case from goihg public if they were in the right. Please help expose this grave injustice for me and my children.

Thank you so much for your time and consideration. Keep up the great work. Be blessed!

Respectfully and Sincerely submitted,
Dumped from the American Dream

Mortgage Loan #2474955 Fifth Third Bank!

Kristi
Toledo, Ohio
U.S.A.

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