Consumer complaint received 2015-03-25
Company: M&T BANK CORPORATION
State: WA
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
The lender/servicer ... XXXX XXXX has indicated that the SOLE PLAINTIFF, Wilmington Trust is the beneficiary/investor of loan # XXXX related to the property XXXX XXXX XXXX XXXX, XXXX XXXX, WA XXXX. Counsel for the Sole Plaintiff, XXXX XXXX for XXXX XXXX XXXX XXXX who has filed the complaint against me in the JUDICIAL foreclosure case in Washington State CASE # XXXX has stated in her complaint that her client, Wilmington Trust for the XXXX XXXX XXXX Trust is the HOLDER of the NOTE! The Plaintiff has indicated through responses from their subsidiary, M & T Bank, that Wilmington Trust is acting in a Trustee Capacity ONLY! Please check your past records to review this very important letter from M & T Bank. They have further stated that all questions should be directed to XXXX XXXX, ( WHO IS NOT A PARTY TO THIS LAWSUIT ). MY COMPLAINT THROUGH YOUR OFFICE TODAY IS NOT AGAINST XXXX XXXX BUT SOLELY AGAINST WILMINGTON TRUST, the sole Plaintiff in the case. M & Ts past letter to your office indicates that the loan servicer is best equipped to answer questions. I expect the answers to my questions in this matter to come direct from the Plaintiff, Wilmington Trust, NOT XXXX XXXX. For I am not in a lawsuit with XXXX XXXX at this time and can not rely on a darn thing this entity proclaims through their XXXX XXXX. I would like to know the following from Plaintiff, Wilmington Trust. I ask this of Wilmington Trust because they are suing me and because they are just the ACCEPTING TRUSTEE FOR THE NEW RMBS SETTLEMENT AGT. For {$4.00} XXXX Dollars, in which the XXXX XXXX XXXX Trust appears to be a part of. I also ask this of WT, because the servicer, XXXX XXXX already attempted much deception along with HUGE misrepresentation in XXXX when they attempted a fraudulent and illegal foreclosure action using XXXX as the Beneficiary by and through fabricated documents ( assignments ) and fraudulent affidavits/declarations/ by XXXX different employees of XXXX XXXX that both had VP titles. Their names are XXXX XXXX and XXXX XXXX. ( Both Robo signors who claimed that XXXX was the XXXX ). The Non Judicial XXXX County Foreclosure Case # XXXX resulted in both XXXX and XXXX XXXX admitting on XX/XX/XXXX that XXXX has never owned my loan or been the beneficiary. This is also written in verbatim reports to the court. 
1 ) Exactly WHAT DATE and HOW Did Wilmington Trust acquire the note that was discharged in Ch-XXXX BK in XX/XX/XXXX that was allegedly sold into the XXXX XXXX XXXX Trust? IF WT is truly the holder of the note as their attorney XXXX XXXX for XXXX XXXX claims they are, then they should have no problem answering this question and back it up with proof. BUT NOT WITH recreated documents and various newly created POA and the like2 ) If WT is the HOLDER OF THE ALLEGED WET SIGNED NOTE, then perhaps they will put that in writing to you and issue me a valid NOD to match! There is a reason why they avoid this so they do n't have to go to XXXX. Did XXXX XXXX release the note within the trust OR was it never really sold into the trust? Please provide proof that the loan is in the pool specified within the trust. Please advise whether this loan was ever tied to the XXXX XXXX XXXX Trust with a XXXX filed on that trust. 
3 ) It is essential to me, the legal owner of record and homeowner for 15 years with significant investment learn the truth. For I have already been taken down the fraudulent path of deception by WF, the servicer. Instead, they affected every possible chance of getting a legal modification and proper mediation under the Wa State Foreclosure Statute, while other homeowners have these opportunities. I refuse to lose my home to entities attempting to steal our family home for the sake of unjust enrichment. The Huge Fraud of Big BANK XXXX XXXX Business IS NOT MY DOING!!!

Company response to consumer: Closed with explanation