Consumer complaint received 2015-08-31
Company: M&T BANK CORPORATION
State: CT
Product: Mortgage
Sub-product: FHA mortgage
Issue: Settlement process and costs

Complaint:
In XX/XX/XXXX we took out a HUD XXXX rehabilitation loan. The general contractor came to us before the last draw stating he was over by XXXX or more in " extras '' as was looking to keep money which was due to the heating subcontractor who 's payment he received on the prior draw but had yet to pay, I notified our lender M & T bank out of XXXX at the time. All work was ceased as we had to go thru arbitration process. M & T had failed to obtain lien waivers prior to any draw requests which did not protect us, the borrower. The general contractor placed a mechanics lien our house for his alleged extras which was dismissed after arbitration in XX/XX/XXXX. The heating sub also placed a lien as well which was valid and paid after arbitration and rightfully so. When is Initially happened, I contacted the White House at who referred me to HUD. I spoke with XXXX XXXX back in XX/XX/XXXX from the XXXX office. I told him what transpired and he said it was impossible as the bank requires lien waivers. M & T at the time did not require lien waiver prior to draw disbursement and therefore, did not protect us. Since our issue they have changed their policy and now require a waiver prior to draw release, This is 5 yrs later and we are still financially affected from this due to work we paid for out of pocket that should of be down under the rehab loan, plus attorney fees. Never mind the work still remains which we do not have money for. I have been trying for years to get this point across ... the fact is M & T back did not follow the governments guidlines and policies and procedures but it us the homeowner who still suffering and affected due to this mishandling. Our loan has since been sold to XXXX, but I am seeking acknowledge that M & T bank did not protect us. I will get you more information so you look into this matter. I have tried several offices at Hud, only to get Bounced around. XXXX XXXX XXXX is no longer with HUD XXXX office but he specifically told me that lien waivers should of been obtained. Had they been I would not be writing to you today and till trying to get someone to acknowledge that we were not protected. As a result of all financial issues M & T caused us, we has to go thur a modification process. We won america 's most desperate landscape in XX/XX/XXXX due to the condition he left our front yard and house in. You can see before pictures on line. Again the inside still requires work we have not been able to afford. We have a special needs child who has XXXX and is a XXXX that we were trying to get the house together for. The house is inefficient as work is needed therefore heating is more int the winter. To M & T bank this was corrected, they changed their procedure adding lien waivers protecting them selfs. We are still waiting to be correctedThe address of the property is XXXX XXXX XXXX, XXXX XXXX. 
Our account number with M & T bank was XXXX am determined for someone to acknowledge and hold M & T bank accountable. I have written to the White House previously, which is how I cam in contact with XXXX XXXX XXXX. I have tried to get several other HUD agents to look into this matter. I will contact the White House again. Please let me know what you can do for me or who I can turn too. This is not a small matter as it has ruined us financially and emotionally. 
It says you can download attachments, I have and can get all documentation, but not if I send right now, I 'm sure M & T has their case file and all you need to verify is how they did not proctect us but since they require lien waivers when they should of at the time of our loan.

Company response to consumer: Closed with explanation