Consumer complaint received 2017-03-26
Company: KEYCORP
State: NY
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
On Thursday, XX/XX/2017, probably after XXXX picked up his personal property at the XXXX Police Department, I found a document identifying Key Bank ( attached as a PDF ) on my front door that does not identify its purpose ( e.g. if it were supposed to be a notice ) but does provide an XXXX number. I saw tire tracks in the slush on the road where the driveway intersects the road indicating someone drove in the driveway from the direction of the police department or backed into the street to head south, toward XXXX residence in XXXX, New York. CFPB Complaint XXXX specifically forbade XXXX or other Key Bank representative from entering the grounds of the property ( let alone breaking and entering into the house itself ), without expressed, written consent from me. Yet eleven days later, Key Bank violated the direction of this notice. 
We had a major blizzard in New York on XX/XX/2017, Winter Storm " XXXX. '' XXXX pulled into a driveway that had been plowed within two days since the snowstorm on XX/XX/2017 and which had been shoveled to bare driveway in the portion plowed and on some other parts of the driveway, including a path to the stairs that lead to the front door. Yet, Key Bank and XXXX consider the property " vacant and abandoned, '' as defined by NYS Statute RPAP 1309 : 2. ( a ) As used in this section, " vacant and abandoned residential property '' means residential real property, as defined in XXXX, with respect to which the plaintiff has proven, by preponderance of the evidence, that it has conducted at least three consecutive inspections of such property, with each inspection conducted twenty-five to thirty-five days apart and at different times of the day, and at each inspection ( i ) no occupant was present and there was no evidence of occupancy on the property to indicate that any persons are residing there ; and ( ii ) the residential real property was not being maintained in a manner consistent with the standards set forth in New York property maintenance code chapter 3 sections 301, 302 ( excluding 302.2, 302.6, 302.8 ), 304.1, 304.3, 304.7, 304.10, 304.12, 304.13, 304.15, 304.16, 307.1 and 308.1. ( b ) Residential real property will also be deemed vacant and abandoned if : ( i ) A court or other appropriate state or local governmental entity has formally determined, following due notice to the borrower at the property address and any other known addresses, that such residential real property is vacant and abandoned ; or ( ii ) Each borrower and owner has separately issued a sworn written statement, expressing his or her intent to vacate and abandon the property and an inspection of the property shows no evidence of occupancy to indicate that any persons are residing there. ( c ) Evidence of lack of occupancy shall include but not be limited to the following conditions : ( i ) overgrown or dead vegetation ; ( ii ) accumulation of newspapers, circulars, flyer or mail ; ( iii ) past due utility notices, disconnected utilities, or utilities not in use ; ( iv ) accumulation of trash, refuse or other debris ; ( v ) absence of window coverings such as curtains, blinds, or shutters ; ( vi ) one or more boarded, missing or broken windows ; ( vii ) the property is open to casual entry or trespass ; or ( viii ) the property has a building or structure that is or appears structurally unsound or has any other condition that presents a potential hazard or danger to the safety of persons. ( d ) Residential real property will not be deemed vacant and abandoned if, on the property : ... ( v ) There is a building occupied by the mortgagor, a relative of the mortgagor or a tenant lawfully in possession. 
Much of this is false with respect to the house, except for Section ( d ), Subsection ( v ), which is true.

Company response to consumer: Closed with explanation