Date Received: 2020-03-05
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: My social security number is being used by Keybank without my approval or permission on my Father 's account. I have met with them personally and they agree that the social security number they are using is mine and that it's incorrectly being used on my Father 's account. I am not a Keybank customer nor have I ever been one. My name is XXXX XXXX XXXX. My Father 's name is XXXX XXXX XXXX. As a result of this error, my credit rating is falling creating serious problems with me receiving credit. In XXXX of XXXX I flew from XXXX Texas to XXXX Washington specifically to address this issue in person. I was told on the phone that I had to deal with this matter in person. I met with the following person : XXXX XXXX XXXX XXXX XXXX Financial Wellness Consultant XXXX XXXX XXXX XXXX XXXX, XXXX, WA XXXX Office : XXXX XXXX I explained the error and they looked up the account to confirm that my SSN was being used for my Father 's account. They asked me to provide a copy of my SSN to them. Upon returning home, I scanned a copy of my SSN and e-mailed it to them.I recieved the following response : Hello XXXX, Thank you for providing your social card and I apologize for late response. I just came back from my vacation and received response from our back office while I was gone. Unfortunately, we can not do any further action for the credit card account unless the signer ( s ), who signed on the credit card application when they first opened the account, visit a near KeyBank branch to close the credit card account. This is prohibited to discuss you regarding the credit card account and has high privacy risk for the signer ( s ). I highly suggest you to contact your father to discuss about this situation and ask to close the credit card account. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, WA XXXX Office : XXXX XXXX Key.com This states that unless my father comes into Keybank and changes the SSN, there is nothing they can do. I am not in contact with my Father and this was not my error. This is Keybanks responsibility to fix this problem. I did my best to reach out to my Father and ask him to go to Keybank and resolve this issue however, again I am estranged from him and did not get a response. He's also XXXX years old and in poor health. In XXXX, I received the following e-mail : Hello XXXX, I just received another email that we might be able to remove your SSN from your fathers account. In order to proceed this, I need your fathers SSN. I couldnt contact him with the contact phone number on our system. Could I ask you if you have any other contact phone number that I can reach out to him? Thank you. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, WA XXXX Office : XXXX XXXX Key.com I don't know my Father 's SSN and have no reliable way to contact him. I provided them with the most current contact information I had and have not heard back from Keybank. Furthermore, this error has had a serious impact on my XXXX and XXXX credit score. I contacted both organization and XXXX researched the issue and realized the error and immediately correct it. XXXX however will not and has not made the correction as Keybank is still reporting this account as mine. This error is creating a serious financial hardship. I have been ignored by Keybank and left to solve this matter on my own when it is Keybank that is using my SSN in error and admits to doing so.
Company Response:
State: TX
Zip: 78753
Submitted Via: Web
Date Sent: 2020-03-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-04
Issue: Managing an account
Subissue: Funds not handled or disbursed as instructed
Consumer Complaint: The XXXX branch has denied me access to my checking, savings, and debit cards. They stated my inheritance check for XXXX was fraud and could not give me access until it cleared. The check cleared 2 weeks ago and instead of giving me access they blocked my debit cards and refuse to give me kk why even when so come inn with an ID. The fraud department said the blocks are the branch managers discretion. The branch manager keeps telling me she is looking out for me and stated several different times that it would be fixed in a couple days. As of Monday XX/XX/XXXX she said she would call me back and never did. Monday I filed a complaint with the executive offices XXXX XXXX XXXX who stayed I would get a call from someone above the branch manager within 48 hours. That time has passed and still no response or resolution. Currently the bank is denying me access to my XXXX check that cleared two weeks ago. Tomorrow I will have my monthly deposit that I cant access and soon my social security. Ive been left without money for food, medicine, bills and daily living. I had to borrow money just to survive with food and medicine. My bills are going unpaid. There is no legal basis for this bank to deny me my money. I want the account closed and money released to me immediately.
Company Response:
State: PA
Zip: 18951
Submitted Via: Web
Date Sent: 2020-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-03-03
Issue: Trouble during payment process
Subissue:
Consumer Complaint: HOUSE WAS SOLD. I DID NOT RECEIVE NECESSARY IRS FORMS TO BE ABLE TO FILE MY 2019 TAX RETURN FROM Key BANK 2019 1098 MORTGAGE INTEREST STATEMENT I EMAILED THEM, I SENT REGISTERED PRIORITY MAIL THEY HAD TO SIGN FOR REQUESTING THE 1098 IRS FORM TO FILE MY TAXES. THEY DON'T RESPOND. I HAD TO FILE FOR INCOME TAX EXTENSION AS THIS AMOUNT I PAID THIS BANK IS {$130000.00} interest, taxes and payments 2019. THIS IS THE FIRST MORTGAGE AND THE LIEN HAS BEEN RELEASED BY THE BANK.
Company Response:
State: MA
Zip: 010XX
Submitted Via: Web
Date Sent: 2020-03-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-29
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I would like to provide additional documents to the CFPB and explain, based on both U.S. law and CFPB regulation, why Key Banks legal position, as expressed by its lawyer, XXXX XXXX, XXXX. of XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX, is inconsistent with the CFPBs interpretation of federal regulation. XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX is located at XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, NY, XXXX. Key Bank has taken several legal positions during the foreclosure proceeding. It started out by representing that because my mother is deceased, there was no loan modification option available because successors in interest were not entitled to such remedy, and that Key Bank was not obligated to provide me a loan workout representative familiar with the situation who would have the authority to negotiate a loan workout pursuant to the CFPBs live contact regulation. Key Bank also argued that because my mother was deceased, the loan was not a home loan as that term is defined in New York State law, so that the protections of state law, such as the notices of RPA 1303, 1304 and 1306 and the mandatory settlement conference of CPLR 3408 did not apply. After many CFPB complaints, Key Bank mailed me a successor-in-interest form without cover letter in an envelope from Key Banks Executive Offices. Several months and CFPB complaints later, XXXX XXXX, XXXX, formerly of XXXX, XXXX, XXXX XXXX XXXX, XXXX mailed me four loan modification forms, two by return receipt postal mail, also without cover letter. These acts, commendably made by Key Bank to comply with CFPB regulation, is a reversal of its original position that did not comply with CFPB regulation. Mr. XXXX XXXX of XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX moved for summary judgment based on the argument that establishing that default and ownership of the loan is sufficient for summary judgment of foreclosure and, although he presented no evidence to contradict my verified affidavit setting forth facts that support tortious and contractual claims against Key Bank, only a list of tort equitable doctrines that appeared copied from a torts text book index, he argued that Acting Supreme Court Justice XXXX XXXX should grant summary judgment of them, too. Acting Supreme Court Justice XXXX decision is based on several erroneous premises, that foreclosure is a matter of law, not equity, such that summary judgment might apply if there was no factual dispute, that a bank need only establish default and ownership of the loan to establish it may foreclose as a matter of law, that federal law and CFPB regulation are not relevant to the operation of state law, citing a NYS trial court case interpretation from Miscellaneous Reports that is neither binding on Acting Supreme Court Justice XXXX or any higher court, and that an estate of a decedent is not to be viewed as the borrower or resident to the property pursuant to state law, even though the bank readily recognizes the common law view that the estate has the obligation of the mortgage ( relevant for the RPA 1304 and RPA 1306 notices ) and what was a home loan of the decedent is not a home loan after the decedent dies even though a successor in interest resides there ( relevant for CPLR 3408 ). Acting Supreme Court Justice XXXX cited, Wells Fargo Bank, NA v Balk, 50 Misc. 3d 1205 ( A ( 20150 ), which is, again, a trial court case but in this case not even in the Third Department ( It is a Second Department case. ), that is neither precedent to his court or any higher court. Moreover, the relevant determinations from this case, that a banks notice obligations to both the estate and the New York State Department of Finance cease upon the death of the original borrower and that because the decedent is no longer resident in the property a courts scheduling of and a banks participation in a CPLR 3408 hearing is not required before a grant of foreclosure is permitted, cite to no cases, nor to the relevant sections of federal bank regulation, 12 CFR 1024.30 ( d ) and 12 CFR 1024.31, that make it quite clear that the CFPB deems these state trial court arguments to be bogus. Based on my research, the state law questions of whether an estate of a decedent obligated to pay the mortgage should not be viewed as the borrower for the purposes of RPA 1304 and RPA 1306 or whether the death of the resident decedent extinguishes a banks obligation to participate in a CPLR 3408 conference with a resident successor in interest before a judgment for foreclosure can be granted have not been addressed by either any department of the Appellate Division or the New York State Court of Appeals. Because I am no longer serving as the executor of the Estate of XXXX XXXX, Mr. XXXX has taken the new position that the successor-in-interest form was mailed to me only in my capacity as an executor, not as a beneficiary, so that I may not apply for a loan modification or speak to a loan workout representative familiar with the case in order to negotiate a loan workout. Even though Key Bank understandably views the loan made to my mother as binding on the estate, it refuses to consider the successor in interest to my deceased mother, her estate, to be entitled to the same statutory rights and equities associated with the property and mortgage associated with that property, or any resident successor in interest of the property, whether as an executor or a beneficiary, to be entitled to the notice requirement of RPA 1304 or the NYS Department of Financial Services to the notice requirement of RPA 1306 or the banks participation with one of its employees empowered to settle the foreclosure case at a CPLR 3408 settlement conference, where the bank must bargain in good faith. Key Banks legal position is erroneous, both in terms of federal law and regulation. It is also erroneous under New York State law. I am requesting that the CFPB compel Key Bank to make its legal representations consistent with CFPB regulations and interpretations and state law that does not conflict with federal law or CFPB regulation to the extent that such state law provides more consumer protection to the consumer, not less. I have just studied the concept of preemption of federal law over state law. Federal law preemption was first articulate by Supreme Court of the United States Chief Justice XXXX in McCulloch v. Maryland ( 1819 ), based on the Supremacy Clause of the U.S. Constitution. Preemption is either explicit or implied. Implied preemption has two types : conflict or field. In this case, 12 USC 2616 constitutes explicit preemption, since it specifically preempts state law that conflicts except where the CFPB views that the state law provides greater protection to consumers, in which case the state law governs. Attached are the relevant regulations with supplementary comments : 12 CFR 1241.30 ( d ), 1241.31. CFPB regulation is explicit that a successor in interest includes the beneficiaries and the inter vivos trust ( the estate ) and that a successor in interest is the borrower. These regulations went into effect in XXXX, as a response to the XXXX trial court case in New York State that Acting Supreme Court Justice XXXX cited and perhaps several others, but, as I wrote, to the best of my research, no Appellate Division court or the New York State Court of Appeals have addressed these questions. Moreover, pursuant to state law alone, NYS Court of Appeals case decisions state that the successors in interest retain all rights and equities in property and that would include the rights and equities associated with my decedent mother. For RPA 1304 and 1306, that certainly would include the estate, since it is liable for the debt. As the executor of the estate before and during the inception of the foreclosure case, I did not receive the RPA 1304 notice and the NYS Department of Finance did not receive the RPA 1306 notice. Key Banks representative XXXX XXXX admits tKey Bank did not mail these notices in her affidavit. Key Bank sent me the successor-in-interest form and several months later, XXXX XXXX, XXXX. of XXXX, XXXX, XXXX, XXXX mailed me by first class mail and certified, return-receipt mail loan modification forms to XXXX XXXX XXXX where I, as a successor-in-interest executor and beneficiary, was resident, yet Key Bank and its attorney continue to claim that I am not entitled to the banks participation in a CPLR 3408 settlement conference before a grant of foreclosure judgment and, as a beneficiary successor in interest, I am not entitled to complete a loan modification application. Not only should summary judgment not have been granted against the estate, the estate is entitled to summary judgment to dismiss the foreclosure and the counterclaims re-instated, for which there will be a settlement or trial! New York State law requires the foreclosure plaintiff to pay for the legal fees and costs of the successful foreclosure defendant. Moreover, all of Key Banks legal expenses and costs would be voided, and there would be a hearing before a jury as to what interest should be allowed pending the foreclosure complaint ( CPLR 5001 ). I think we are talking about approximately {$40000.00} plus any of the defendant legal fees. We can fix this problem, even creating some sort of win-win deal where all parties profit, but we will need to converse. My negotiation with Mr. XXXX at the Court Assigned Settlement Program hearing that the appellate court justices ordered, consisted of this exchange : 1 ) XXXX XXXX : When I spoke to XXXX XXXX ( SVP, Manager of Consumer Collections and CFPB regulatory executive ( as required by the CFPB ) ), she expressed her interest that whatever agreement we make, that it resolve this problem completely. I agree with her. Is that something we can agree upon today? XXXX XXXX : Dont talk to my client. 2 ) XXXX : I have asked a Key Bank call center representative if Key Bank preferred a cash settlement or wanted me to create a win-win business transaction that would allow Key Bank to profit from this experience. She claimed she did not have the authority to answer the question. Does Key Bank have a preference as to how we try to settle the case? XXXX : Neither.
Company Response:
State: NY
Zip: 120XX
Submitted Via: Web
Date Sent: 2020-02-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-28
Issue: Managing an account
Subissue: Problem making or receiving payments
Consumer Complaint: On XX/XX/XXXX, I used KeyBank 's online BillPay service to send a check for {$74.00} to XXXX XXXX XXXX. According to KeyBank, XXXX cashed this check on XX/XX/XXXX. However, XXXX denies ever receiving this check, even after Key sent proof that the check had been cashed. I filed a first dispute with Key on XX/XX/XXXX. I later received a notice in the mail from Key that they had closed the dispute because " XXXX had received the payment. '' However, the payment that XXXX had received was from my XXXX credit card, not from Key. ( I had made the 2nd payment to XXXX using my credit card to avoid late fees on my account ). I filed a 2nd or 3rd dispute with Key in XXXX. After being told by XXXX between XXXX XXXX and XXXX XXXX that they had researched their records and found that they had never received or cashed the check from Key, I spoke with XXXX at Key on XX/XX/XXXX, who said the dispute " has definitely been escalated now '' and I should see resolution within 90 days. She gave me the call reference no. XXXX. When I called several weeks later to check on the status of the dispute, I was told by Key that I would need to visit my local branch to continue the dispute. During a conference call with both XXXX and Key at my local KeyBank branch on XX/XX/XXXX, it was finally determined that the check had indeed been cashed, but not by XXXX. Someone suggested the check had been stolen from a mail tray at XXXX. I was told the matter would be referred to Key 's fraud department, and I was told I would receive a notice in the mail within 90 days of their findings and what action they would take. I heard nothing more from Key after this. When I called the Key 's fraud department on XXXX XXXX, XXXX, to check the status of my complaint, I was told that it was not a matter for the fraud department, and I needed to call Key 's Online Banking department. I did, and was told by XXXX XXXX would have to file yet another dispute. XXXX also told me she had no record of any dispute except for the first one I filed on XX/XX/XXXX. It appears to me that Key is not interested in helping me with this, and that by telling me to file dispute after dispute and to wait 90 days in between, they are hoping I will give up.
Company Response:
State: ME
Zip: 04011
Submitted Via: Web
Date Sent: 2020-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-26
Issue: Closing on a mortgage
Subissue:
Consumer Complaint: XX/XX/XXXX : Sent contract to Loan Officer XXXX XXXX. Asked to apply for Conventional Loan. XXXX advised that XXXX qualifies for FHA loan and we should try that first because of lower closing costs, lower interest, lower monthly payment. XX/XX/XXXX : XXXX collects {$350.00} for appraisal fee. I request to put a rush. He agrees. XX/XX/XXXX : Still no call from appraiser. I escalate the request ; no call back from supervisor. XX/XX/XXXX : Processor is waiting for FHA addendum before ordering appraisal. I provide it upon request. XX/XX/XXXX : inquire if appraisal has been ordered. XXXX XXXX Loan Processor says there is an existing FHA case number with XXXX XXXX XXXX that needs to be transferred to Key. XX/XX/XXXX : no response from Key ; I request to cancel the application and refund appraisal fee. Supervisor XXXX XXXX reassigns the case to a Senior Processor XXXX XXXX, and puts a rush on the file. She explains that they must use the appraisal from the last FHA case. They overnight the {$350.00} to XXXX XXXX XXXX. The appraisal comes in a week later. XXXX agrees to issue a conditional commitment contingent on the appraisal as all other conditions have been met. XX/XX/XXXX : XXXX XXXX asks for college transcripts, letter of good standing with XXXX XXXX. Knowing he has a 1-year work history and was a XXXX XXXX XXXX in XX/XX/XXXX, ( which would disqualify the borrower from FHA ), she confirms the check was sent to XXXX XXXX XXXX. XX/XX/XXXX : The FHA loan is declined because the borrower does not have a 2-year work history. XXXX works to convert to conventional loan. XXXX tells me there will not be another appraisal fee. XX/XX/XXXX : The appraisal is put out to bid. No updates on appraisal for a week. XX/XX/XXXX : A third manager gets involved and tells me the file was not in " rugh '' status until she just became involved. XX/XX/XXXX : We are informed that XXXX XXXX put a hold on the appraisal on XX/XX/XXXX due to lack of payment, but she did not inform anyone. I am told by XXXX XXXX that the loan is at a standstill until the borrower send another {$350.00} to Key. We have obtained 3 mortgage contingency extensions. The seller is no longer willing to wait. Key Bank is not processing the loan. I asked Key if all the other conditions are met satisfactorily before sending additional funds. No response.
Company Response:
State: NY
Zip: 12306
Submitted Via: Web
Date Sent: 2020-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-20
Issue: Managing an account
Subissue: Problem using a debit or ATM card
Consumer Complaint: Two problems. 1. A dispute was filed and the bank reversed the credit and closed the dispute without notice, explanation, or documentation. Bank refuses to provide additional information. 2. Key master debit card is rejected online. The merchant stated that the Avs ( address verification ) info is not available and therefore the card is not supported. Upon XXXX the card not supported, multiple websites reference the card issuer as problem not merchant. Key continues to deny any problems or restrictions. Which continue to deny me using my card anywhere that I need to.
Company Response:
State: NY
Zip: 14304
Submitted Via: Web
Date Sent: 2020-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-19
Issue: Closing an account
Subissue: Fees charged for closing account
Consumer Complaint: I made an inquiry about any closure fees of my Key Bank Checking account on XX/XX/XXXX. I asked more than 3 times and was not given any straight answers. Sure enough when I get the check there was a fee. I called on XX/XX/XXXX asking about the fee and they said they will pull the call from XXXX to review it. On XX/XX/XXXX a manager called me back to apologize that the fee was erroneously charged and will mail me a check. Today XX/XX/XXXX the check is still not here. I spent another 30minutes with their INCOMPETENT customer service agents and said they will follow up tomorrow.
Company Response:
State: FL
Zip: 33764
Submitted Via: Web
Date Sent: 2020-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-12
Issue: Closing an account
Subissue: Can't close your account
Consumer Complaint: I went to KeyBank 's branch to request the closure of my checking account, savings and credit card. I was helped directly at the counter by a teller, he said the accounts were permanently closed, but I didn't get any proof that my accounts with KeyBank were in fact closed. I haven't been given any confirmation or letter, and today, after the facts I still have access to the accounts..
Company Response:
State: OH
Zip: 432XX
Submitted Via: Web
Date Sent: 2020-02-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-11
Issue: Problem with additional add-on products or services
Subissue:
Consumer Complaint: We have a small business loan with Key Bank. I am told that I need to reach out to the local branch, which is located in XXXX, CT. In XXXX, I spoke with XXXX of the branch who did not know what I was talking about. I stated I needed a payment history and a letter of good standing so our condominium complex could be re-certified by FHA. I finally spoke with a woman in business banking at the Ohio office who did mail me the account history, but she stated I needed the letter of good standing from the local branch and she would reach out to them on my behalf. That was just over 2 weeks ago. I phoned XXXX in XXXX, CT at KeyBank today at XXXX XXXX and was told she was at lunch. I asked for a return call. I called them again at XXXX XXXX, XXXX stated she was leaving the bank and was going to have her manager take the call. The manager, I think her name is XXXX got on the phone, stated she was with a customer and would call me back. I told her right out that I needed this letter yesterday and if they did not call me back or resolve this major issue, I would call the banking commission. She did call me back at XXXX XXXX while I am writing this complaint, which I did inform her I am writing. The branch states they do not do a letter of good standing, She again states she can not get this letter to me.
Company Response:
State: RI
Zip: 02919
Submitted Via: Web
Date Sent: 2020-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A