Consumer complaint received 2022-06-13
Company: M&T BANK CORPORATION
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I, XXXX XXXX XXXX, consumer whom in cometent and of sound mind and age, is filing this comolaint under my own accord. I all statments made are true and accurate to the fullest extent of my bielief. After reviewing my account, the I notice there was a billing error that occurred in the amount of {$46000.00} for XXXX and XXXX. I am curious to know as to how this may have occurred knowing that M & T Bank is honest and would ensure my account does not have any fraudulent activity. As you may be aware that the my social security number also known as a credit card as mentioned in 15 usc 1602 ( L ) was used to fund this open-end credit plan from my XXXX XXXX account with the US Treasury XXXX According to 15 usc 1692J ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in aconsumerthat a person other than thecreditorof suchconsumeris participating in the collection of or in an attempt to collect adebtsuchconsumerallegedly owes suchcreditor, when in fact such person is not so participating. This is considered fraud According to 15 usc 1666d Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to acreditorin excess of the total balance due on an account, ( 2 ) rebates of unearnedfinance chargesor insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, thecreditorshall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than XXXX months, except that no further action is required in any case in which the consumers current location is not known by thecreditorand can not be traced through the consumers last known address or telephone number. I had a balance that exceeded {$1.00} several times over the history of having this open-end credit plan account. 
I am is also aware that at closing both the note and deed are suppose to be recorded at the county recorder but only the deed has been recorded. The Affiant is also aware the the Original Promissory note was securitized and traded. Once the Note is securities, M & T Bank is no longer the Holder In Due Course. I requested that M & T Bank send me the Original Promissory Note but was sent a copy instead. The copy displayed a notary stamp and signature that was not on the original copy of the Promissory Note, which is deception. 
According to 3-603. TENDER OF PAYMENT, tendered payment by submitting the remittance coupon that has been signed with the beneficiary endorsement on the back of the remittance coupon for payment but yet the balance remained unchanged. If tender of payment of an obligation to pay aninstrumentis made to aperson entitled to enforcethe instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of anindorseror accommodationpartyhaving a right of recourse with respect to the obligation to which the tender relates. The fiduciary duties of the Trustee has not be carried out at the direction of the beneficiary. According to UCC 3-309 ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT, you have not returned the instrument which was the remittance coupon, submitted to M & T bank for UCC 3-311 , ACCORD AND SATISFACTION BY USE OF INSTRUMENT of this alleged balance. This instrument is now considered stolen and assumed securitized for its non return. 18 U.S. Code 8 - Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, XXXX bank currency XXXX Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of XXXX, and canceled United States stamps. I used used Federal Reserve Notes as tender of payment, which according to the Federal Reserve Bank, is considered a promise to pay and not lawful money. According to the 12 USC 411 The said notes shall be obligations of the United States and shall be receivable by all national andmember banksand Federalreserve banksand for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States.The Secretary of the Treasury shall pay interest due or accrued on the public debt. Also 31 usc 3123 ( b ) As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than XXXX year, with or without a rebate of interest on the coupons. 
Your company has created the false believe that I, the Consumer is obligated to pay this debt using Federal Reserve Notes or Floating Rate Notes, which is false and is considered extortion under 18 usc 1961. The United States is obligated to tender payment and it is Federal Law that when my credit cardsocial security number was used, it fully funds my account. XXXX has not received any disclosure separate from my billing statements XXXX days before the statement date I am requesting that the full amount be credited back to my account and that any form of tender of payment that has been submitted since the origination of the contract submitted by me, must be refunded to the me in a good faith effort, in the form of a check sent to the address above as according to federal law 15 USC 1666D. Going forward I am requesting that all billing statements with balance in excess of {$1.00}, be discharged by the obligation of the United States as stated above.. As the law states, you have 30 days to do you investigation into this error. Thank you

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