Conventional fixed mortgage Loan servicing, payments, escrow account
Fifth Third Bank Mortgage department,
Conventional fixed mortgage Loan servicing, payments, escrow account Virginia
On - -, -/-/2015 I sent a letter informing Fifth Third Bank not to process my payments. electronically anymore. This letter was sent certified mail and I had the receipt from where I sent the letter certified mail on - -, -/-/2015 My receipt shows that Fifth Third Bank received and signed for the mail on - -/-/2015. In that same letter I enclosed my mortgage payment for the month of - in the amount of $1700.00. Fifth Third Bank cashed that check on -/-/2015 it cleared my account. On - -, -/-/2015, which is more than 3 business days after they received my letter, Fifth Third Bank tried to make an electronic transfer in the amount $1700.00 which is also an incorrect amount for my mortgage payment. This is clearly a violation of the Electronic Funds Transfer Act 12 CFR 1005.10 ( c ) ( 1 ) Consumer 's Right to Stop Payment. This states that
EFT for an amount to cover my mortgage which had already been paid, I was charged $30.00 from my bank with who I hold my checking account ( - Bank ) for insufficient funds. Now Fifth Third is calling me and trying to collect additional money as well because the check did not clear. I have called and talked with several representatives who are either refusing to help ( just trying to collect more money - or saying they can not help. I have explained to them that my mortgage payment for - is not due yet and - representative was saying the EFT that they tried to process was for the - payment. I have explained to them I will continue to pay my mortgage monthly but by check and I will no longer use EFT. Fifth Third Bank should also have to reimburse me $30.00 to make me whole as a result of my insufficient funds charge with - due to them violating Federal Regulation regarding the Electronic Funds Transfer Act. I have copies of the letter mailed, as well as the certified mail receipt PS Form -, Domestic Return Receipt if they need to be provided.
Fifth Third Bank customer in Virginia
Apr 03, 2015
* Source: CFPB Complaint Database
Fifth Third Bank response to complaint:
Closed with monetary relief
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