Consumer complaint received 2018-08-12
Company: M&T BANK CORPORATION
State: MO
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
M & T Bank Account Number : XXXX Loan ID : XXXX On XX/XX/XXXX, M & T Bank ( MTB ) in cooperation and coordination with third parties ( which will be identified below ) sold my house through a wrongful Trustee 's Sale. 
MTB in cooperation and coordination with third parties did not comply with all the conditions precedent to completing a Trustee 's Sale as set forth in Section 22. Acceleration ; Remedies. of the deed of trust.

The most pertinent part of Section 22, in the first paragraph, was that, I as Borrower, had the ... the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. ....

MTB did NOT notify me that I had a RIGHT to bring a court action to assert the non-existence of a default, but that I only had Loss Mitigation options. A copy of MTB 's XX/XX/XXXX loss mitigation letter is attached as Loss_Mitigation_letter.PDF. 
A literal reading and my interpretation of that part of Section 22 is once a court action is brought it applies to both acceleration and SALE. 
On XX/XX/XXXX, I filed a Lis Pendens given constructive notice that a Petition had been filed and that an action had been commenced and is now pending in the Circuit Court Of XXXX County, XXXX, Missouri against MTB and other defendants for the Cancellation of Written Instruments, Quiet Title, Declarative Relief, and to assert the non-existence of a default on a loan. 
A copy of the certified Lis Pendens is attached as Lis_Pendens.PDF. 
On XX/XX/XXXX, at XXXX XXXX, XXXX XXXX XXXX XXXX AS Trustee FOR XXXX XXXXXXXX XXXX PASS-THROUGH CERTIFICATES, XXXX XXXX ( XXXX ), the alleged legal owner of the loan, was served, by certified mail ( XXXX ), with the Petition referred to in the Lis Pendens giving actual notice to XXXX that a court action had been brought to assert the non-existence of a default and other remedies. 
On XX/XX/XXXX, at XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX ), the purported servicer, was served, by certified mail ( XXXX ), with the Petition referred to in the Lis Pendens giving actual notice to XXXX that a court action had been brought to assert the non-existence of a default and other remedies. 
On XX/XX/XXXX, at XXXX XXXX, XXXX, XXXX. ( XXXX ), the purported Successor Trustee, was served, by certified mail ( XXXX ), with the Petition referred to in the Lis Pendens giving actual notice to XXXX that a court action had been brought to assert the non-existence of a default and other remedies. 
On XX/XX/XXXX, at XXXX XXXX, MTB, the servicer and purported owner, was served, by certified mail ( XXXX ), with the Petition referred to in the Lis Pendens giving actual notice to MTB that a court action had been brought to assert the non-existence of a default and other remedies. 
XXXX, MTB, XXXX, and XXXX cooperated, coordinated, and decided to continue the Trustee 's Sale process notwithstanding that I had brought a court action to assert the non-existence of a default to acceleration and sale. in compliance with Section 22 of the deed of trust. 
XXXX, MTB, XXXX, and XXXX cooperated, coordinated, and decided to continue the Trustee 's Sale process notwithstanding that they had constructive notice by way of a Lis Pendens that had been filed six days before the Trustee 's Sale. 
XXXX, MTB, XXXX, and XXXX cooperated, coordinated, and decided to continue the Trustee 's Sale process notwithstanding that they all had been served with the Petition referred to in the Lis Pendens and all had actual notice of the court action before XX/XX/XXXX. 
The most pertinent part of the second paragraph of Section 22 of the deed of trust reads as follows : If Lender invokes the power of sale, Lender or Trustee shall mail copies of a notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. Trustee shall give notice of sale by public advertisement for the time and in the manner prescribed by Applicable Law.

The Applicable Law in the State of Missouri prohibits a foreign corporation from serving in the role of a Trustee. MTB and XXXX appointed XXXX of XXXX XXXX, KS as Successor Trustee. XXXX is a foreign corporation. 
The Applicable Law in the State of Missouri for public advertisement reads in pertinent part ... shall be given by advertisement, inserted for at least twenty times, and continued to the day of the sale, in some daily newspaper, in counties having cities of fifty thousand inhabitants or more, ... 
XXXX did not comply with Applicable Law as to public advertisement, in that, XXXX did not insert advertisements for at least twenty times, and continued to the day of the sale, in some daily newspaper, but only made a total of four public advertisements on dates XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX in a newspaper that only included LEGALS on Fridays. 
A copy of the advertisement of the Trustee 's Sale is attached as Advertisement_for_Trustee's_Sale.PDF XXXX, MTB , XXXX , and XXXX are attempting to obtain money or property by means of false or fraudulent pretenses and representations see 18 U.S.C. 1341. 
XXXX, MTB, XXXX, and XXXX by their coordinated mailing and publication of the Notice of Trustee 's Sale are threatening to injure my reputation see 18 U.S.C. 876. 
XXXX, MTB, XXXX, and XXXX have conspired to foreclose on my property for which none of them have a legal financial interest.

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 non-monetary relief