Consumer complaint received 2023-02-16
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: CT
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage

Complaint:
Pertinent facts : XXXX XXXX XXXX represents XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX is the widow of XXXX and mother of XXXX. 

In XXXX XXXX and XXXX entered into a mortgage agreement with XXXX XXXX XXXX which on it's face was predatory with a 10 % interest rate. 

Claim 1. XXXX XXXX XXXX was at the heart of of the largest predatory loan scandal in United States History. XXXX settled with many states including Connecticut. Based on XXXX and XXXX 's first payment on their loan was due between XXXX XXXX XXXX  and XXXX XXXX XXXX  they live in the property that serves as security for the mortgage, they owe 75 % or more of the current value of their home, and they can afford the new, lower payment under the modification they should have been notified by XXXX or XXXX XXXX XXXXXXXX that they could modify or refinance their loan. They were never notified. 

Pertinent facts 2 : On XXXX XXXX XXXX XXXX died. 5 months later XXXX 's only daughter XXXXXXXX XXXX unexpectedly. XXXX was awarded custody of her daughter XXXX. XXXX already was caretaker of her XXXX adult son, XXXX XXXX. XXXX was employed by the XXXX XXXX XXXX for 35 years. She retired at the age of XXXX. 

XXXX and XXXX successfully paid all payments between XX/XX/XXXX until XX/XX/XXXX for an estimated total of {$110000.00}, {$38000.00} over the principle of the loan. XXXX was made aware of a " balloon '' payment '' and began contacting XXXX XXXX to refinance or modify. All requests were denied. XXXX XXXX pointed the finger at BNY Mellon for the denials.We contacted BNY Mellon originally denied any record of the loan in XXXX via BNY Mellon employee XXXX XXXX ( XXXX attached ) In the process of trying to get help, we filed a complaint with this agency, in which XXXX XXXX was deceitful in it's response specifically the comments by XXXX XXXX who claimed she returned a message left for her. Upon further investigation, in which we pulled up all incoming and outgoing calls to both phone numbers listed on the account there was no call made by XXXX XXXX. 

In a recorded conversation with XXXX XXXX employee XXXX XXXX he very clearly stated we were in no danger of being foreclosed on. We expressed to him our desire to return to just making payments, which have been denied since XX/XX/XXXX. He understood. He engaged in a nearly 25 minute conversation with us and explained that since this home equity loan was not in " first place '' we did not have to worry about foreclosure. This proved to be a provable lie. XXXX XXXX associate XXXX XXXX, after foreclosure started stated he " misspoke ''. It is our assertion you do not " misspeak '' for nearly 3 minutes, explaining the steps and reason why we would not be foreclosed on. It is also our assertion that employee XXXX XXXX was deceitful in her reply in trying to cover for the fraudulent statement made by employee XXXX. 

Claim 3. Negligence. 

Between XXXX and until XX/XX/XXXX XXXX XXXX left 32 voicemails for " dedicated loan specialists, including but not limited to XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX. These messages have been recorded and available for submission. They have intentionally not returned message to drag the period of time out because it is our premise XXXX XXXX and BNY Mellon do not actually want to keep people in their homes. 

Claim 4. Deceit While we have claimed deceit above we also assert BNY Mellon has engaged in this willfully in conjunction with XXXX XXXX. After originally stating they had no record of the loan in XXXX, while not saying they " own '' the loan they emailed us stating XXXX, as the servicer of the loan was the only one who could offer a modification. XXXX claims on BNY Mellon can approve a modification. This has gone back and forth for months with no resolution. Both agencies have engaged in secondary fraud for financial gain by " stringing us along '' and adding fees and charges to the loan. 

There is clear and provable negligence and deceit on behalf of the employees of XXXX XXXX and BNY Mellon. Both companies engage in fraudulent statements for financial benefits. 

Claim 5. Negligence 2 XXXX  Does not show BNY Mellon as an investor or " owner '' or Trustee. Number XXXX XXXX XXXX nor BNY Mellon will provide the " chain of custody '' documents showing who or when BNY Mellon because " Trustee '' The activities of both companies and their employees XXXX XXXX XXXX to be put in counseling and given anti-depressants. 

The activities of both companies and their employees have caused XXXX XXXX XXXX to be diagnosed with XXXX and XXXX with prescriptions for both. 

Note : THE AUDIO CLIP OF XXXX XXXX IS AVAILABLE AT CFPB 's request. It has been provided to XXXX XXXX the week of XXXX XXXX XXXX

Company response to consumer: Closed with explanation