Consumer complaint received 2018-10-23
Company: U.S. BANK NATIONAL ASSOCIATION - SAN FRANCISCO MAIN BRANCH
State: CA
Product: Payday loan, title loan, or personal loan
Sub-product: Personal line of credit
Issue: Problem with the payoff process at the end of the loan

Complaint:
MUFG Union Bank Acct # XXXX : XX/XX/XXXX Complaint : Bank Fraud I am a senior retired professional, who has experienced unprecedented harassment from the Union Bank amounting to financial elder abuse. Since I am XXXX  years of age, and may not be around to contest harassment by this Bank due to false filings, fraudulent charges, and identity theft ( among several statutory violations ) it will be difficult for my wife who will be left to face unmitigated hardship and anguish due to financial elder abuse ; the result of the refusal of the Bank to completely acknowledge employee fraud ; the fraudulent cover up of error by the employee, XXXX XXXX. 
On XX/XX/XXXX I received a Notice of expiration of my equity account : ... refinance your account with an mortgage product with Union Bank by.. choosing new loan option from the main menu. Most of the staff were on XXXX vacation, but the Vice President of Private Banking happened to be in the office and offered assist the XXXX XXXX office in processing the Transfer. That office had said that time was of the essence in order to receive the current interest rate. Although not his usual job, XXXX agreed to transfer our Flex Equity account to a fixed mortgage.I met with XXXX on XX/XX/XXXX at the Bank office in XXXX XXXX. Because he was not familiar with the process XXXX failed to show me the new loan options and indicate my choice on the Transfer ; but I was clear and emphatic in stating to him that I wanted a traditional mortgage. 
XXXX XXXX filled out a Line of Credit Transfer Worksheet and Authorization. XXXX was told several times that the option that I preferred was a traditional mortgage ; however he failed to note that option on the Transfer. He leaves the room to fax the Transfer Agreement to the XXXX XXXX office, which does the accounting, but has a problem with the fax machine. He says that he can not make a connection. He makes a copy of the Transfer Agreement, for me, saying that he will send it later. But later never happens. XXXX forgot about the Agreement, and goes on XXXX vacation. There is a big problem now, because the XXXX account has been tolled in XXXX and the Bank installs a XXXX, the preference of the Bank,. ( A Heloc can result in persuasive imbalances of power between the borrower and lender. } The lender has the option of foreclosure without judicial process, which would guarantees a fair hearing. I meet with him a few weeks later, XXXX is reluctant to admit that he was forgetful and negligent. He presents an illegible copy of a contract on XX/XX/XXXX, and tells me to sign, misrepresenting it as a traditional mortgage. But in fact it is a bait and switch. I can not read it, do not have reading glasses with me ; the print is small and blurred, but he induces me to sign, assuring me that it is a traditional mortgage, digging himself into deeper deceit and fraud, In covering up the error he failed to ensure a meaningful disclosure of credit terms, a requirement of Truth in Lending. When I receive the yearly tax statement from the Bank it states my account as a mortgage ; I continue to believe, mistakenly, as it turns out, that I have received the option I chose. XXXX XXXX, of course, has no record of a Transfer.There is a dispute. A subsequent letter dated XXXX XXXX from XXXX XXXX, Residential Lending Cust Serv states the draw period of your Equity Account has expired on the above referenced account. Payments that I made are chopped up and attributed to penalty and interest. Still, XXXX refused to admit that he is the cause of the problem.Staff believes that I am lying although I fax several copies of the XXXX Transfer.The argument goes on for months, In XXXX, the XXXX XXXX office sends a foreclosure notice, Exasperated, I write the President of the Bank in New York, who steps in to resolve the differences, discovers what has happened, and assigns an assistant, XXXX XXXX to roll back the accounting to XXXX and fix the errors that have accumulated due to XXXX lies and misrepresentations. But not the contract fraud.And after a great deal of arm twisting effort, the Bank reviewed the history of the account and credited almost {$5000.00} back. 
Now however, the XXXX XXXX office calls every month demanding payment of {$330.00} interest, incurred between XXXX and XXXX, because it has still not received or acknowledged a Transfer Agreement. Payments I make for a mortgage are chopped up into pieces for back interest and penalty, and not credited to principal by the use of segments, not appropriate to customers accounts.Although we have a written agreement with the Bank stating that there is nothing due, ( having made a complaint to the CFLB ) for spite XXXX XXXX pursues this sum like a bulldog to harass us, and we can hear them laughing over the phone. 
The Bank meanwhile opened two additional accounts that they call segments in my name, without agreement or notice although prohibited by US Code Title 18, apparently to facilitate false billing by means of identity theft There is never any documentation of charges. For example.a charge popped up on one of the fake accounts for a {$600.00} appraisal for which there is no documented record. .I have asked several times for purpose of three account numbers that are now used in my account, because I believe that they permit double billing. Explanation received from XXXX XXXX, the assistant in the Office of the Vice President, is inadequate to answer for manifest contract fraud, enabled by the use of a Heloc and segments. FASB requires 1 ) background information about the manner which the operating segments were established ; 2 ) Describe the particular products and/or services provided by each segment ; 3 ) explain any differences between the measurements used in reporting segment information and those used in their general-purpose financial statements ; 4 ) explain any changes in measurement of segments from one reporting period to another.

A rational accounting system would have revealed the inconsistencies and alerted administrators to errors and employee fraud in the system. The Heloc is especially useful for perpetrating fraud. The Bank has been using this fraudulent Heloc contract to harass me for almost a year now.

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