Consumer complaint received 2018-05-23
Company: M&T BANK CORPORATION
State: NY
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
RE : M and T Mortgage Loan # XXXX M & T bank has persistently misrepresented the fact around the late payment that was reported to the credit agencies in XX/XX/XXXX. After repeated attempts to correct the issue they refuse to see the facts.

The mortgage was started in XX/XX/XXXX as a FHA XXXX   Construction loan. The loan as agreed by the originator was to include 4 month of payments in escrow in addition to the construction funds and taxes which is a very normal, standard, and common arrangement in the XXXX loan process. 
The house was under construction and not receiving regular mail as M and T would be kneadable of during a major renovation. In XXXX I received a Tax bill from the town that showed a balance due. On XXXX XXXX as you can see in the phone records below I call M and T and asked them why I received this bill and asked them is the money for the taxes and the mortgage coming out of escrow as agreed. I was assured that the money was there, and the bills would be paid. I NEVER heard back from M and T and the XXXX tax bill was indeed paid but they were not paying my mortgage from the construction funds AS I WAS INFORMED ON THE PHONE. In fact you will see that I called them again on XX/XX/XXXX and no mention of this outstanding balance was made. It was not until I learned of the 30 day late from the credit agencies that I contact them to find out what had happened and immediately paid what they said was owed and have been trying to get them to fix the error on the reporting since. 
I NEVER Received a single call in XX/XX/XXXX, XX/XX/XXXX or XX/XX/XXXXstating that there was a pas due amount. Please see my phone records below, not a single incoming call from M and T. 
In a previous attempt to get them to correct this they sent documents and stated, here is what was due. Sending me documents 4 month after the fact does not constitute notice of payment due. M and T can send me all the documents they want now but it does not change the fact they NEVER contacted me to let me know that what THEIR representative misinformed me on the phone in the XX/XX/XXXX call. Additional M and T keep detailed phone records and can offer no proof that they did so and can offer no proof that I RECIVED anything from them nor attempted to contact me. It is unacceptable to mail me documents after the fact and claim I knew. I called to confirm that the money was in escrow and they confirmed this in the XX/XX/XXXX call, any claim or statement to contrary is a misrepresentation of the truth. M and T can provide no proof that after the XX/XX/XXXX call that they in any way attempted to contact me. If they say they mailed me documents, they must provide proof of receipt as no documents were received. If they say they called me after the XX/XX/XXXX call they must provide proof of the call. 
M and T needs to do the right thing and remove the 30 days late immediately with all 3 reporting agencies.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation