Date Received: 2016-07-30
Issue: Making/receiving payments, sending money
Subissue:
Consumer Complaint: On XXXX XXXX 2016 when checking my M & T checking account balance online I noticed my debit card number had been stolen. XXXX fraudulent transactions had been made totaling {$420.00}. I called the customer service line to have the card canceled, and a case opened to investigate the fraudulent charges made. On XXXX XXXX, the funds were returned to my account. On XXXX XXXX, I was issued a letter stating that a review of my account was done and a " thorough investigation '' was completed to determine that the transactions in question were processed correctly and no error had occurred, therefore denying my claim. All except XXXX of the XXXX fraudulent charges were extremely out of nature for my spending habits, though. The biggest purchase was for {$290.00} at a XXXX. I have never stepped foot in a XXXX, nor do I have a membership to XXXX. Another was for an XXXX Taxi for {$28.00}. I rarely ever take taxis, but instead use applications such as XXXX or XXXX to order cars. There is a transaction also on XXXX XXXX for XXXX for {$4.00} which I purchased. Why would I be in an XXXX, and then take a taxi? XXXX of the fraudulent charges were made at a XXXX in the XXXX for {$29.00} and {$3.00}. The location of this XXXX is an hour and a half away from my home, and I have never been to that part of the XXXX in the 5 years I have lived in XXXX, nor do I eat at XXXX or have ever charged my card to one. The most bizarre charge was for {$0.00} at a parking meter -- I do n't even own a car to park. The last XXXX fraudulent charges were made at the XXXX XXXX in my neighborhood which I shop at. I believe this is where my number was stolen. The charges were for {$58.00} and {$7.00}. I had made a purchase at that Rite Aid on the same day for {$10.00}, but the other XXXX charges were not made by me. Despite all of these contradictions, my bank refuses to believe I did not make these charges and they took the money back out of my account on XXXX XXXX. I called the customer service line to reopen my case on XXXX XXXX, and was told it was being looked into once again and the money would be put back into my account. It never was. Tired of talking to representatives on the phone, I went into my local bank branch on XXXX XXXX in XXXX to talk to a physical person. I explained my situation to one of the agents there, and she faxed over my documents to the fraud department and had my case officially reopened. This was on XXXX XXXX. By XXXX XXXX, the money still was not returned to my account nor did I hear anything from my bank. I went into the branch once again and spoke to the same agent to see what the status of my case was. She said she had not heard anything from the fraud department since XXXX XXXX, so she called them while I waited. When talking to the person on the phone who was handling my case, she informed me that they were not going to reinvestigate my case, and stick by their original claim that there was no fraud made. She said that they would not communicate this to me directly, and had no plans to inform me of this. The person on the other line would not speak to me, so I was being told all of this information secondhand through the woman assisting me at the bank. The person on the telephone claimed that all XXXX purchases were made using chip insertion, so it could n't have possibly been fraud since my physical card was not stolen. And since the chip is " unique and original '' to each card they are " highly difficult '' to replicate. I was then told there was nothing else I could do, and I will not be getting my {$420.00} back. If the person did a proper investigation, they would find that my signature is not on any of those purchases. And I highly doubt all XXXX of those locations where the fraud occurred are up to date with chip technology. I would challenge them to go as far as to look at video surveillance, because I would be far from present at any of those locations.
Company Response:
State: NY
Zip: 11207
Submitted Via: Web
Date Sent: 2016-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-29
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: I tried to make the monthly payments on my mortgage but since I was only on the deed and not on the loan the bank would not accept the payments due to the fact that I did not have sufficient enough information and they could not assist me because of their privacy policies. I could not get any help or information until the foreclosure process started. Contempt charges were filed against my ex for not signing over the deed, not giving me the required information, and letting the house go into foreclosure before the foreclosure process started. I informed M & T Bank of the contempt hearing but they informed me that I could not stop the foreclosure unless M & T Bank was subpoenaed to testify. I informed them that they were being subpoenaed to testify but the bank never stopped the foreclosure because they said their legal department was not informed of any subpoena. However, the banks legal department called my attorney to confirm that a representative from the bank would be attending the hearing to testify. I was never given any options unless I attempted to make a payment first. My hearing was postponed by the judge and rescheduled so the bank had to be subpoenaed again to appear at the new hearing with the foreclosure being pushed fast despite the fact that the bank itself would not accept any payments from me until the house went into foreclosure after which gave me access to the information needed. I was even told by the bank three days ago that I could not do anything once the house was in foreclosure and I should have taken care of things before it was in foreclosure even though I was told I would n't be given access until it was in foreclosure. There was a stay requested on the property issues at the contempt hearing to get payoff information for the judge to make a decision with another hearing date being scheduled because the attorneys told us that it would take 48 hours to get the information. The information was given to us which was good for three weeks but a little over a week after receiving the information the Final Loss Mitigation Analysis was filed stating that the bank has not been able to establish any contact. I tried contacting the bank leaving several messages since XXXX XXXX, XXXX almost everyday 2 weeks before the final loss was filed and finally received a call back on XXXX XXXX, XXXX a few days after the filing of the final loss but they would not help me or give me any options. I have been given 25 days from the filing of the final loss ( XXXX XXXX, XXXX ) to request mediation but before this time has ended my house has already been scheduled for auction and was given a date, location, and time of the auction. My home is even being foreclosed on before the judge could resolve the contempt charges on the property issues that were filed before the foreclosure was filed. I have been trying to payoff the mortgage in full since XXXX XXXX, XXXX when my loan closing was scheduled and got cancelled because the deed was not signed. I keep getting told that the bank is not in the business to take my home but they sure have pushed the foreclosure through trying to take it not giving me any options or time to resolve the contempt issues. I am attaching proof of the court hearings scheduled, contempt charges filed, the stay on the property issues being in contempt, and the subpoena served on M & T Bank twice to testify at the hearing on the issues of the loan. Due to the many pages only the ones that pertain to the issues will be included.
Company Response:
State: MD
Zip: 215XX
Submitted Via: Web
Date Sent: 2016-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-27
Issue: Problems caused by my funds being low
Subissue:
Consumer Complaint: m an t bank they post transactions against my account at XXXX but post deposits at XXXX and I would get charges because I did n't have enough to cover after complaing about this I did notice last night a deposit was posted at XXXX frist time in 15 years also i deposited a XXXX dollar check they held XXXX the teller told me it would clear at XXXX for the full XXXX they also charged me {$45.00} in shipping on new checks it came by mail after fighting with them they did credit me back some
Company Response:
State: NY
Zip: 12553
Submitted Via: Web
Date Sent: 2016-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-27
Issue: Taking out the loan or lease
Subissue:
Consumer Complaint: I requested a XXXX Loan from M & T bank but it was not processed as I wished. Instead of processing a XXXX Loan the Vice President XXXX XXXX processed an M & T XXXX Loan Application and today I received a denial letter. The Federal Equal Credit Opportunity Acy prohibits discrimination and I am protected under the Consumer Credit Protection Act. My rights have been violated. As well as my credit score could have been effected by her actions.
Company Response:
State: MD
Zip: 21218
Submitted Via: Web
Date Sent: 2016-08-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-27
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: On XXXX 2015 we decided to refinance our home so we call our bank they assign me to a sales agent but it was really hard to get a hold of him after a month we call again so they can assign our loan to somebody else they did and the lady sent us an estimate of how much our interest was going to change we agree and they charge my account for the application fee, appraisal and record but they never ask me anything they just told me that it was pretty much approved that everything look good that they needed to send to underwriting for approval they charge my account almost {$900.00} after 2 weeks they call me and told me that they denied my case because a part of my house was modified and that the money was n't reimburse I told the mgr why did n't they told me before they charge my account the requirements to approve a loan they never ask me this questions and they are some lenders that they do accept this if I would know I would n't done it and she told me well we ASSUME that there is no problem with the house and if we ask this questions the process is going to be longer. They need to be more professional by asking questions and letting the customer know that if something goes wrong they are going to lose the money by the way the mgr is really rude!!!!
Company Response:
State: CA
Zip: 92376
Submitted Via: Web
Date Sent: 2016-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-26
Issue: Loan modification,collection,foreclosure
Subissue:
Consumer Complaint: In late XXXX, I fell behind on my mortgage payments with M & T Bank due to being overextended. When I was able to resume payments, they would not take my payments because my account was in pre-foreclosure status and I had to submit documents to be considered for a loan modification. After months of faxing and e-mailing, I was told that I would have to start the process all over again because too much time had passed and they would still not accept any payments. I began the process again, and I this time I had to pre-pay for insurance on the home. I did this and after months of faxing and e-mailing again, I was approved to do a 3 month trial payment period, after which it was my understanding, that the loan modification would be in affect. I made XXXX trial payments for {$500.00} in XXXX, XXXX and XXXX of XXXX. After I made these payments I was told that there were liens on the home. I responded by telling the bank representatives that the liens were not mine. In fact, the names on the sheet they sent me were for a male family member with no connection to the home whatsoever. I am female. The bank has my Social Security number and this was obviously not my debt. I was using different mailing addresses from the property as not to have others in the home receiving my correspondence. I was under the impression that I would have time to work in the title issue since I had been in communication with the bank. As I was working XXXX jobs it took me some time to get the form for the title issues and figure out what the bank was asking me to do. When I called to find out about sending the letter in disputing the liens, I was told that I would once again have to begin the process of a loan modification. This process of faxing and e-mailing is extremely tiresome and time consuming. Especially, for a working person. I started it again and this time, I had even more income since someone living with me was giving money toward expenses. I thought this would help in the process. Unfortunately, it did not, because I did not have documentation of the additional income. I asked if the file could be reviewed without consideration of the additional income, since I still had the same amount of income as I did before when I was approved without it. I was told that it was a possibility. This was all happening very close to the sale date, so I requested that it be postponed, but I was denied. I asked about my file and I was told that the underwriter was waiting for documentation of the additional income. I explained that I was told my file could be reviewed without the income being considered. This never happened. My file was not reviewed and the bank put my home on the auction. The buyer ... M & T bank. The bank is now the owner of my home. I was never given the opportunity to make payments on the home during the process and it was a long process because I had to keep re-starting which makes it look like I was just not paying for this number of months when M & T Bank was actually refusing to accept my payments.
Company Response:
State: NY
Zip: 14215
Submitted Via: Web
Date Sent: 2016-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-25
Issue: Deposits and withdrawals
Subissue:
Consumer Complaint: ( 1 ) What happened : On XXXX XXXX, 2016, M & T Bank honored a {$700.00} fraudulent " digital check '' against our joint checking account. On XXXX XXXX, I found this check in an online review of our account and immediately notified M & T Bank of their negligence. We were told that the withdrawal was made against a " digital check '' which the bank was permitted to honor although it contained no signature and no endorsing signature on the back. The check number was higher than any check we had had printed for this account. We did not authorize this check or provide our bank account and/or routing number to the payee- or to anyone else- in writing, by phone, fax, or online. We visited our local bank the next day, as instructed, where we filed an Affidavit of Forgery and where we were advised to freeze the affected account and open a new account- which we did. Freezing our account meant that Social Security checks, which were automatically deposited, would not be available to us until the SS Administration is able to reroute the checks XX/XX/XXXX. For many XXXX, all of this could have been an impossibly time-consuming process and a catastrophic financial situation, perhaps affecting access to funds for medications and other living necessities.
Company Response:
State: MD
Zip: 20817
Submitted Via: Web
Date Sent: 2016-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-14
Issue: Application, originator, mortgage broker
Subissue:
Consumer Complaint: There was a representative from M & T Bank at the closing ; and I have been making mortgage payments to M & T Bank since I closed on the apartment. The HUD-1 ( see attachments XXXX & XXXX ) a copy of which was received from M & T Bank states that {$110000.00} was received as new loan from XXXX and {$7500.00} as XXXX XXXX also from XXXX. These amounts are also stating on other documents received from M & T Bank ( see attachments XXXX & XXXX ). Therefore the total that should have been received from XXXX is {$120000.00} ( {$110000.00} + {$7500.00} ). Instead XXXX provided XXXX checks totaling {$110000.00} ( {$59000.00} + {$58000.00} ). The seller was paid {$59000.00} and the Bank owning the current mortgage on the property was paid {$58000.00} ( see attachment XXXX ). These checks are also mentioned in the letter dated XXXX XXXX, 2016 from XXXX in which it stated that " we are also enclosing copies of the checks from XXXX, which were requested by and provided to your attorney '' ( see attachments XXXX & XXXX ). This means that there is a difference of {$8400.00} ( {$120000.00} - {$110000.00} ) before the payment of closing costs. Assuming an average closing costs of {$3000.00} for the purchase of a co-operative - this means XXXX is overstated by {$5400.00} ( {$8400.00} - {$3000.00} ). Another way to calculate the overstatement of my mortgage is to use the closing costs documented on the HUD-1 which XXXX stated is the final accounting for my mortgage. The total closing costs on the HUD-1 is {$6000.00}, so clearly there is already a difference of {$2300.00} ( {$8400.00} - {$6000.00} ). The total closing cost of {$6000.00} includes amounts that were never paid and {$2000.00} which was paid by another XXXX. There is a {$300.00} for review of recognition that was never paid and a {$1000.00} for settlement fee that have not been paid. My attorney stated that the {$1000.00} was a bank charge and it had nothing to do with him, however, in the letter dated XXXX XXXX, 2016 from XXXX, it is stated that the {$1000.00} is my closing attorney 's settlement fee and that it was made payable to my closing attorney. This is disturbing ; my attorney said he had nothing to do with this {$1000.00} and XXXX is telling me they paid it to my closing attorney. WHO SHOULD I BELIEVE? Therefore, adjusting the closing costs on the HUD-1 this indicates that XXXX mortgage is overstated by at least {$5700.00} [ {$8400.00} - ( {$6000.00} - {$2000.00} - {$300.00} - {$1000.00} ) ].
Company Response:
State: NY
Zip: 10704
Submitted Via: Web
Date Sent: 2016-07-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-07-11
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Reference - Case number : XXXX M & T Loan Number - XXXX XXXX XXXX has come back and passed the blame to M & T bank that they did the original modification which is not what they requested from M & T bank. XXXX in their response to this complaint stated that they simply transferred my mortgage to M & T bank and did not request a modification since the loan did not require a modification. See XXXX as the Note Holder 's response below. Response disputed XXXX XXXX said : Explanation of closure The attached response was mailed. XXXX XXXX records reflect that your account closed in XXXX XXXX. The purpose of the loan was to refinance your primary residence. The original loan amount was {$210000.00}. During the time period your account was serviced by XXXX XXXX. ( XXXX ) we have no records of approving you for a loan modification. On XXXX XXXX, XXXX, your account was transferred to M & T Bank. When the loan was transferred to the new servicer you were due for the XXXX through XXXX XXXX payments. At that time, the handling of your loan and your records were forwarded to the new servicer. Please be advised that M & T Bank is not a subsidiary of XXXX. Thus, any request or concerns regarding the servicing of your loan should be directed to M & T Bank or the current servicer of your loan. WHAT HAPPENED Describe what happened so we can understand the issue ... Our mortgage loan with XXXX was barely 2 months late when the bank representative did not respond to an email I sent with the funds at least XXXX hours before the cutoff notice. I still have a record of that email and the communications I had with the XXXX mortgage bank representative. The end result was that XXXX then forced us to complete a modification with their own Wholly owned subsidiary M & T bank which forced us into more fees added to our mortgage outstanding loan and a longer time to process it. This scenario set the stage for at least XXXX other modifications later that has now resulted in a house that is under water and a balance that is inaccurate. The original loan amount was {$210000.00} in XXXX and at that time we made a down payment of {$13000.00} As of XXXX we are told that the balance owed is still {$210000.00} XXXX Which part of the mortgage process is your issue related to? Making payments This is about FHA mortgage DESIRED RESOLUTION What do you think would be a fair resolution to your issue? We 'd like for all the additional charges and fees that has been added to our original loan be deducted from our principal including the mortgage payments made on the loan since XXXX. I estimate that the principal on the mortgage should be approximately {$130000.00} to {$140000.00} on our home as of XXXX XXXX. Alternatively, I would prefer that the equity in our home be made available to us in cash or approved for a townhouse or condominium and XXXX can go ahead and take possession of the single family house. MY INFORMATION Contact information Mailing address XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX United States Email XXXXXXXXXXXX Phone XXXX Age XXXX I am submitting on behalf of Myself PRODUCT INFORMATION Property address XXXX XXXX XXXX XXXX XXXX XXXX United States Account/Loan number XXXX
Company Response:
State: MD
Zip: 20708
Submitted Via: Web
Date Sent: 2016-07-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-07-08
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: M & T Bank has refused to address our issues. M & T Bank has refused to provide a Power of Attorney for XXXX to act on their behalf, as required in our XXXX office. XXXX is either M & T Bank 's agent or not. M & T Bank refuses to state as to whether or not XXXX is acting on their behalf. This is despite an assignment and discharge recorded in XXXX XXXX -- 14 years after our payoff - by XXXX, on behalf of M & T Bank, without the required valid and legal Power of Attorney ever being recorded in our XXXX. We demand that M & T Bank simply answer our question, provide a valid Power of Attorney recorded in our XXXX -- or say that M & T Bank can not provide a Power of Attorney. This request is simple, and M & T Bank has failed to respond - multiple times. It has also been requested that M & T Bank explain the discrepancy in " loan '' account numbers. We request that M & T Bank immediately respond to our request. M & T Bank 's response is for us to hire an attorney. We should not have to hire an attorney until M & T Bank properly responds to our requests through the CFPB. Thank you, XXXX and XXXX XXXX
Company Response:
State: NJ
Zip: 07470
Submitted Via: Web
Date Sent: 2016-07-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes