Consumer complaint received 2021-08-27
Company: TD BANK US HOLDING COMPANY
State: VA
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
Please investigate TD Bank in the state of Virginia for possible involvement in illegal lending practices and debt collection. 

As the XXXX  of a XXXX XXXX XXXX in VA, I applied for an SBA loan with TD Bank in XXXX where SBA would guarantee XXXX XXXX of the loan amount. The TD Loan manager informed me that the SBA Loan process was tedious ad required numerous application forms and that a TD conventional loan would be easier and quicker since the XXXX XXXX qualified. 

On XX/XX/XXXX, TD Bank called me in to sign for the loan. The Burrower was the business so I signed as the manager of the business. However, TD bank said there were a few pages where I had to sign as the guarantor. 

Payments were made towards the loan up until XX/XX/XXXX when the XXXX  timely applied for the COVID-19 Small Business Loan Payment Deferral from TD Bank and received confirmation that the application was received by TD. When I followed up with TD on the progress of the application later that month, TD Bank informed me that they made a decision to change the deadline to XXXX, XXXX for accepting applications and therefore my application will not be considered. 

I requested a modification of the loan since there was no income due to the pandemic and was told by the TD loan manager that he requested that my application be looked at and was awaiting a response.

I had several follow-up emails and calls to the TD Bank loan manager and offered to pay 50 % of monthly loan amount and was told to wait for a modification of the loan. I also spoke to one of their senior Loan Managers and Attorney-in-Fact who told me that I should wait until they have worked out a plan with their " Work-Out '' Solutions Department. 

Early this year ( XX/XX/XXXX ), I received an email from TD Bank informing me that they were " inundated with requests for assistance '' and had a " backlog. '' and instructed me to allow them more time to resolve a payment plan with me. These were the same instructions that XXXX XXXX provided me in XX/XX/XXXX. I continued to make visits to the TD Bank in XXXX to get updates and was told to wait. 

However, I received no follow-up response to the payment plan and the TD Bank moved forward with a confessed judgement in XX/XX/XXXX with my wrong place of abode. 
I filled a Motion to vacate the confessed judgement and found out from the judge during the hearing that the attorney assigned by TD Bank was not authorized to be the Attorney-in-Fact on this loan. The senior bank manager had informed me a week earlier that he would connect me with the Workout department after the judgement was removed The judgement was vacated so I reached out to the local bank to getting connected to the " workout '' Solutions Department and after an hour of her navigating the banks system she was unable to get intouch with anyone from that department. So I reached out to the senior bank manager via email who instructed me to not contact anyone but their attorney. I reached out to their attorney via email and here was his response : " I do not work at the bank '' and " do not know the details of the bank 's payment process. '' I went on-line and logged in to make payments but received Error Message " We're sorry, but appears you are not eligible for Bill Pay. '' The attorney sends an amount to be paid but has not been able to give me a statement with details on the principal, interest, late payments, legal fees. 

I have made several efforts to make the payment online through my TD account and I have also made several trips to the TD Bank to make payment on this loan. 
The online method is blocking payments from my account. 

The attorney continues to harass me via email sending me updates that he is now the attorney-in-fact and is able to file a judgement against me and I will receive it via certified mail to my home address. 


The responses thus far have been conflicting and quite confusing. 

I believe that TD Bank is engaging in illegal lending practices and debt collection practice. Please investigate.

Company response to consumer: Closed with explanation