Date Received: 2018-06-21
Issue: Problem caused by your funds being low
Subissue: Non-sufficient funds and associated fees
Consumer Complaint: My M & T Bank checking account became overdrawn by small purchase that I made via XXXX and my XXXX balance was insufficient and it mistakenly used my M & T checking account as the default backup funding source. M & T covered the debt and then charged me a {$38.00} overdraft fee. I did not opt-in to the bank 's overdraft coverage plan so they should have just rejected that transaction and any subsequent transactions. Instead, they just paid or rejected 3 more small charges on that day and charged me {$38.00} for each occurrence totaling {$150.00} so my account balance was negative {$180.00}. The majority of that negative balance resulted from the bank 's fees. This was on XX/XX/XXXX. I called the bank when I realized this on Thursday, XX/XX/XXXX. I asked if they could waive these fees so I could deposit money into the account to bring it positive so it would stop any further bleeding. The customer service rep said she could not do anything but that maybe if I visited my local branch they might be able to assist me and possibly waive some of the fees. I also asked her to either stop or freeze the account or do whatever they could to reject any further incoming debits so I would not be charged additional overdraft fees. She said she could not but she did check my account and assured me no additional overdraft fees would be charged to my account. I was unable to make it to the branch the next day but was able to go the next business day on Monday, XX/XX/XXXX. I spoke with a branch representative and she was able to waive two of the fees but at this point, two more overdrafts had occurred, so my account balance was still too negative for me bring to positive. Again I asked if there was some way for them to freeze my account or reject any incoming debit transactions but again she said she could not. I left the bank and the next day called the bank and asked to speak with a supervisor or manager. I asked for assistance with my account but once again they said there was nothing they could do. At this point, my account was charged an extended overdraft fee and now my balance is over - {$400.00} negative. And over {$350.00} of that negative balance is the bank 's overdraft fees. I asked to CLOSE my account and she said it can not be closed if it has a negative balance. I explained that I could not afford to fund it to get it positive and that it would just continue to be charged overdraft charges unless they could assist in waiving or even forbearing the charges for now for me to get the account positive. She said there was nothing she could do. I also attempted to use their on-line problem resolution ticket system but never got a response. This situation spiraled out of control due to the bank 's initial and mounting overdraft charges. If they had rejected those few small initial purchases it would not have dropped the balance so negative and I would have been able to deposit money into the account to cover any additional debit transactions. I did not opt-in to this overdraft coverage so they should have rejected those debits and they also should have been able to reject any further debits as I requested four times. If M & T Bank had rejected the initial small transactions when the account balance was low it would not have been overdrawn and then I could have been able to resolve the problem by adding funds to my account. Instead, these fees just continued for every small debiit as I was unable to get my balance positive against the mounting overdraft charges. When I contacted them all four times they should have acted to resolve the problem.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 206XX
Submitted Via: Web
Date Sent: 2018-06-21
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-20
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Re : M & T Bank HELOC Loan HARP Loan Modification Wrongful and Intentional Denial Complaint of Unfair Practices with Malicious and Intentional Actions to Foreclose To Whom it may Concern : Please accept this letter and the attached documentation to the Consumer Finance Protection Bureau as an official complaint against M & T Bank for wrongfully and intentionally denying me a HAMP loan modification and refusing to offer me any other options in order to expedite a foreclosure of our home located at in XXXX, VA. Based upon the conditions in order to qualify for a HAMP Loan Modification, the following supports my qualification for a HAMP Loan Modification : a ) After over three years of being unemployed, liquidating and utilizing all my financial assets for living expenses and filing for personal bankruptcy in XX/XX/XXXX and falling behind more than 3 monthly mortgage payments on both the first and second mortgages, clearly this satisfies the hardship requirement to qualify for a HAMP Loan Modification. b ) I provided paystubs from employment beginning in XX/XX/XXXX to support a modified payment. On XX/XX/XXXX, M & T sent me a letter of denial of loan modification stating that your income shows you can support your current mortgage payment. The letter also said that if I was interested in additional options for my property to call the M & Ts Homeowner Assistance Center at XXXX. The letter is attached as part of this complaint. The following history and facts provide proof that M & T had no intention of approving me for a HAMP Loan Modification. Clearly, it is M & T Banks intention to force me into a foreclosure. Their actions support their unfair practice of dual tracking, pursuing foreclosure at the same time they are acting like they are considering you for a loan modification and once they deny your application, the 30 day wait period begins and they will take foreclosure action immediately. Immediately after receiving the denial letter, I called their Homeowner Assistance Center on XX/XX/XXXX and they could not find my file or loan. I called three times and spoke with XXXX at ext XXXX. During both of the first 2 calls, she said she could not find my file after providing both my social security number and loan ID number and would place me on hold. Both times, I had thought she was trying to transfer me to another department but each time she disconnected the call but no call back from her. The third time I called, I asked to speak with a manager and was placed on hold for a long time and then disconnected. Again, no call back. M & T had no intention on assisting with other options other than foreclosure. Prior to my Chapter XXXX bankruptcy dismissal on XX/XX/XXXX : a ) M & T filed a motion of relief from automatic stay on XX/XX/XXXX. The motion requested the bankruptcy court to permit the foreclosure process to begin. M & T stated that due to the bankruptcy, the loan terms changed from an interest only loan to a principal plus interest loan. M & T, required by bankruptcy law to communicate all actions or changes of the loan terms with my lawyer, made no attempt to communicate this with my lawyer before filing the motion with the court. Therefore, I was required to find several personal sources to lend me money to have the motion withdrawn. M & T retroactively required principal and interest in the amount of {$4500.00}. {$3000.00} was paid on XX/XX/XXXX and the remaining {$1500.00} on XX/XX/XXXX. They also knew that based upon my situation, it would be extremely difficult to come up with a lump sum of cash in that amount and their intent was to foreclose. They also refused a loan modification at that time because I was still unemployed. b ) Once the bankruptcy was dismissed on XX/XX/XXXX, I contacted M & T Loss Mitigation groups several times to discuss a loan modification. They continued to tell me that they were unable to speak with me directly due to bankruptcy laws and could only communicate to my lawyer. Unfortunately, my lawyer charges $ XXXX/hr and coming out of bankruptcy, I could not keep incurring legal fees. c ) I contacted M & T Loss Mitigation on XX/XX/XXXX and finally was able to speak ( they confirmed the XX/XX/XXXX discharge and agreed to have direct communication with me ) with XXXX to let them know I found employment and would resume payments and told them I would pay {$500.00} every 2 weeks to begin catching up and also would like to negotiate a loan modification. He could only inform me that a lump sum was due immediately and the loan was in foreclosure status. He did tell me to contact my account rep, who was XXXX and gave me her direct phone number of XXXX x XXXX. I immediately called her on XX/XX/XXXX but spoke with XXXX. I told XXXX I was calling to discuss loan medication to stop the foreclosure proceedings. She gave XXXX the message and XXXX later called me back to inform me that she was sending me a loan modification application. d ) I informed XXXX that XXXX, who is the primary mortgage lender on the home, spoke with me on XX/XX/XXXX and agreed to a loan modification over a 15 minute phone conversation and provided a fixed 4.5 % rate but required 3 on time payments in order for the loan modification terms to take effect. Her response was that M & T took a more thorough approach to approving a loan modification. I responded by saying that a bankruptcy discharge just took place and M & T was privy to all the documents and information regarding the bankruptcy, so a loan modification should be quite easy and quick as financial hardship was evident. She did not respond. e ) I completed a very lengthy application requiring bank statements and sent it to M & T on XX/XX/XXXX. M & T responded to me on XX/XX/XXXX by letter that requested additional bank statements which was my daughters college bank account with very small amount and my wifes account, which also had a very small amount. When I started working a contract accounting job in late XXXX, I contacted M & T Bank and told them I will begin sending payments of {$500.00} every two weeks along with filing for a loan modification. To date, I have submitted {$2700.00} to M & T Bank beginning XX/XX/XXXX. To date, they have cashed all 5 checks and have returned {$1500.00} back to me stating that they are unable to accept further payment. I have called the XXXX noted on their letters and have spoken with XXXX XXXX several times. His direct number is XXXX. I first called him on XX/XX/XXXX. We spoke several times during the loan modification application evaluation period as I wanted to know why it was taking M & T so long to arrive at a decision. He informed me that the loan officer had 30 days to make a decision on the loan and it was due on XX/XX/XXXX. I told him several times that the hardship qualification was clearly met because I just had a bankruptcy discharge on XX/XX/XXXX. I told him since my discharge just occurred, the decision-making process should be very easy and straight forward. I also told him that I felt as though M & Ts intention was to ultimately foreclose and that is why they were returning my payments made over the past 2 months. On XX/XX/XXXX, XXXX XXXX assured me that that was not the banks intention. I asked to speak with the person who was reviewing the loan modification application and he said he would have that person call me to discuss the application. That loan application officer never called me back. I also informed him that I left messages with XXXX, my account rep, and she never returns any of my calls either. XXXX XXXX stated that M & T is a very large bank and he is not responsible for other departments returning phone calls to me. Overall, XXXX XXXX never provided me with any other options for a loan modification. I again called him when I received the loan modification denial and he had no response for me other than to tell me I needed to pay a lump sum of approximately {$3900.00} to avoid foreclosure. I told him that M & T intentionally denied my loan modification and strung me along with the clear intention of proceeding with foreclosure. I told him that I was going to file a complaint with the CFPB immediately. To close, I have made an earnest attempt to start making payments once employed. M & T has clearly refused to assist in providing me with a HARP Loan modification even though I have met the requirements. I can only hope that the CFPB intervenes in this unfair practice in which M & T intends to foreclose on my home. As stated before, XXXX accepted a loan modification over a 15 minute phone call back in XXXX. My request in this complaint is for the CFPB to stop the foreclosure process immediately and have M & T provide a fair loan modification for this delinquent loan.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: VA
Zip: 20120
Submitted Via: Web
Date Sent: 2018-06-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-19
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: On or around XX/XX/XXXX Original loan debtor transferred her interest in the property to her brother due to her illness. On XX/XX/XXXX, Original loan debtor passed away. A probate was opened thereafter and an order naming maternal brother the Administrator was approved by the Judge on XX/XX/XXXX, which expired on XX/XX/XXXX, and reissued for the purpose of finalizing the Loan Modification. A modification was submitted on XX/XX/XXXX and approved for a trial payment of 90 days. Thereafter a final modification was approved on or around XX/XX/XXXX. However, the Mortgage Company : XXXX XXXX XXXX XXXX XXXX and/ or their agent Servicer : XXXX XXXX XXXX ; failed to respond to the proper notification of the probate court to place the mortgage within the Estates name, even after several notifications and follow up, phone calls from XX/XX/XXXX until present XX/XX/XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 90061
Submitted Via: Web
Date Sent: 2018-06-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-14
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I fell behind on my mortgage about 9 months ago due to a decrease in my income as I am a small business owner. Unfortunately it was difficult for me to get caught up but now I am in the position where I can confidently pay my mortgage and have the support I need. My loan was transferred to M & T Bank and they never reached out to me to offer me help, they never assigned a specialist to my loan or attempted to inform me that there are alternatives to foreclosure, I found this out by doing my own research online. I feel as though I was treated unfairly and that my rights have been taken away from me as a homeowner.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 935XX
Submitted Via: Web
Date Sent: 2018-06-14
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-13
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: I've had this mortgage current since XX/XX/XXXX. In XX/XX/XXXX I was laid off and continued to make my payments. My XXXX year old daughter required XXXX XXXX XXXX in XX/XX/XXXX which caused additional strain. In XX/XX/XXXX I called mortgage company to request PMI be removed to help reduce monthly payments since loan to value well below 80 %. I was advised by M & T that the current value being taxed will not be considered and that the principle loan had to be 80 % of original value at time of purchase. The only option I was given was to pause payments and apply for a loan modification. All documents including proof of unemployment as well as daughters medical expenses were submitted. In XX/XX/XXXX the only option provided by M & T was an unemployment forbearance where I would be required to pay a reduced amount which would expire in XX/XX/XXXX. I was told as soon as I became re employed after receiving 3 pay stubs to reapply. All payments were made in compliance with the forbearance agreement. When an additional payment was sent M & T called and advised me that I was not allowed to make additional payment otherwise I would lose the forbearance. I resubmitted the application for modification XX/XX/XXXX after receiving my 3rd pay stub from being newly employed as of XX/XX/XXXX. All the while complying with the forbearance making every payment and answering every call from M & T verifying my intent to occupy the property. Also, I have been discharged CH XXXX bankruptcy since XX/XX/XXXX and have voluntarily continued to make payments as agreed and complied with all requests. In XX/XX/XXXX there was a big leak that required an insurance check disbursement. The insurance company advised I am able to self repair and sent check with mortgage company name due to the amount and advised that they would endorse and return funds. The insurance check was sent to M & T who advised that after receipts submitted for repairs and inspection completed over 90 % the difference would be dispersed. I was told over the phone on the following dates that once the inspection was complete the funds would be released to me:XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. The check sent to them was {$6700.00} they have dispersed {$1900.00}. The inspection has been completed and is at 95 % as of XX/XX/XXXX. The difference of {$4200.00} has been denied and M & T states that they intend to keep the insurance money to put towards mortgage payment. I am currently in the 3 month trial period for modification and have been in compliance all along. I am requesting the insurance money be released. I am requesting the disbursement of the insurance money. Since I have owned this home I have been responsible for the repairs even during the forbearance and the mortgage company has never been interested in the cost of maintenance and repairs. The current value of my home vs the mortgage is well under 80 % LTV. The money that comes from a claim on insurance premium that I pay is for the home not for the mortgage payments. The mortgage company has PMI in the event I foreclose that is the only insurance they receive but I have been in compliance from day 1. There is no reason I should be penalized for having a temporary hardship and in good faith contacting the mortgage company who provided me what I thought was a helpful solution to now be abused in this way.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30144
Submitted Via: Web
Date Sent: 2018-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-12
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: Due to hurricane XXXX in XX/XX/XXXX, the federal government placed a disaster area where my primary residence is located. The mortgage company placed a moratorium on the monthly mortgage, which was required by federal government because of natural disaster XXXX. The past 6 months or more the mortgage company told me to apply for modification and no payments were allowed to be paid at the time of loan modification. Mortgage company begin reporting late payments to credit report. Mortgage company informed me that I did not qualify for loan modification because of income not higher enough to cover monthly debt. My income level is the same or maybe a little more than before the disaster. The federal government, HUD, mandated in XX/XX/XXXX, that any persons who are able to show proof of income levels being what there were before the disaster and can afford to pay the original monthly mortgage, should automatically receive a partial claim through the mortgage company. This option was not offered to me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 34787
Submitted Via: Web
Date Sent: 2018-06-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-08
Issue: Trouble during payment process
Subissue:
Consumer Complaint: The first year of my mortgage I paid a different bank approx XXXX $ a month. Exactly 1 year into the loan I was sold to M & T, the first month went over fine at the XXXX, the next month I was bumped up to XXXX, I figured it was just taxes increased for the year and I wasn't happy but bought their story. The next year, my escrow apparently had a shortage, I looked into it and found it was an error of the county and quickly rectified it, I even received a tax refund for it. I contacted M & T to correct this and they informed me that they will only provide an escrow analysis once a year in XX/XX/XXXX after the county provides them with the new bill in XX/XX/XXXX. I contacted the county assessor and they bill in XX/XX/XXXX, you know the government end of fiscal year, and also we're willing to provide me certified statements of my correct tax bill. I was excited with this news and called M & T back to have it fixed ... They gave me the same story, that they only review escrow in XX/XX/XXXX ... Now I asked to remove the escrow since obviously I seem more capable of handling my own taxes, I submitted the form hand signed and to the exact fax number and person they instructed me to, I even placed contact information in the case there was a problem, no on called so I figured it would be solved by the end of the month ... Nope. Another {$1600.00} bill from M & T, I called and asked what's up, they informed me, a month later, that my request was denied. Of course I questioned this and after several holds and transfers they came back stating it's part of my contract and can not be removed. Well I then researched my loan, no mandatory escrow for my loan at all, I even contacted the VA to verify this. I called again and was given the same 2 answers, no we will not remove it and no we will not re-evaluate it. Now I am seeking an attorney to help rectify the situation since apparently I am not the only sucker sold out to this criminal group. What steams me the most is they told me " don't worry you'll get any overage back in XX/XX/XXXX of next year '' ... Don't worry? My mortgage payment is almost {$500.00} more a month than the agreement I signed, I am going out in a limb here and saying if anyone in the general population is hit with {$500.00} extra a month, that is going to cause serious damage or hardship. Where do these people get off at thinking they can hold onto approximately $ 5-6000 for a year ( most likely earning interest ) and it's ok because they'll return it in one years time.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: SC
Zip: 29406
Submitted Via: Web
Date Sent: 2018-06-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-06
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I have gone through a trial modification of my mortgage for the past year and a half when i sent my mortgage payment to M & T bank they sent the check back stating my home was in foreclosure since that time i have sent them proof of my cancelled checks and they have just been dogging me around
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OR
Zip: 974XX
Submitted Via: Web
Date Sent: 2018-06-06
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-04
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: I am writing today in wish to obtain your help. Currently I am working on examining my credit, paying down my balances, and working toward greater credit worthiness. You play a significant role in this procedure. I am asking about the account number referenced in this complaint. I see you have reported me 30 days late to the credit bureaus ( XXXX, XXXX and XXXX ) on XX/XX/2017 and I am writing this in order to get this remark retracted. I had believe I had made all my payments on time, the only thing I could think of, is that my statement didn't get to me in time.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 10952
Submitted Via: Web
Date Sent: 2018-06-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-06-03
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: I applied to refinance my car loan with m & t bank. I already have a car loan with this company and figure that it would be easy to refinance with m & t. After applying over the phone I did not hear from them for over 2 weeks when I Had to call them to find out status of my application. After waiting 45 minutes and talking to 3 reps who did not what was going on, I then receive a letter stating that my application had been denied. The reasons stated were that my score was low ( XXXX ) when in fact my score is XXXX. Also to many inquiries .which make no sense because I only had my credit report pulled several months in the past Year. & I believe that m & t discriminated and used the lowest score possible to deny my application. I would like to know what remedy I have to resolve this issue.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: VA
Zip: 20111
Submitted Via: Web
Date Sent: 2018-06-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A