Consumer complaint received 2019-02-21
Company: TD BANK US HOLDING COMPANY
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
TD Bank Mortgage is accusing me of being in bankruptcy. My monthly mortgage statements contain the following notice : " Our records show that either you are a debtor in bankruptcy or you discharged personal liability for your mortgage loan in bankruptcy. '' Neither of these accusations is factual. I brought this error to the attention of TD Bank and filed a CFPB complaint ( XX/XX/XXXX CFPB # XXXX ) raising this specific issue. In their CFPB response, TD Bank agreed to correct this error. Although TD Bank demanded a generous timeframe to address this issue, they have done nothing to correct this error. It has been over eight months since I raised this new issue. Nothing! 

I am not in bankruptcy and have not been involved in any bankruptcy proceedings since XX/XX/XXXX. My personal liability for this mortgage with TD Bank was not discharged. My liability has never been discharged for  any mortgage. Over the last three years, I have made repeated requests for TD Bank to correct their records. To this day, TD Bank has not corrected their own records and they are still accusing me as noted above. 

In early XX/XX/XXXX, TD Bank began accusing me of being in bankruptcy. They locked me out of my mortgage account, stopped sending my mortgage statements and destroyed my credit. TD Bank refused to speak to me until I filed my first CFPB complaint. TD Bank later took punitive action against me by attacking my credit profile. They added negative remarks to my credit profile, which they knew ( or should have known ) by regulation to be greatly outdated. It took two years and multiple complaints & credit disputes for TD Bank to correct the worst of the errors in my credit profile. For two years TD Bank unfairly prevented me from opening new lines of credit. Although the TD Bank portion of my credit profile still does not accurately represent my excellent payment history, I have not raised that issue lately because of the risk of further retaliation. At this time, it is most important that TD Bank stop accusing me of being in bankruptcy. 

Over the last three years of mortgage mismanagement, TD Bank has blamed inaccurate dates, incorrect coding, and TD Banks failure to correctly enter XX/XX/XXXX reaffirmation agreement information as causes to accuse me of being in bankruptcy. They have acknowledged the errors and agreed to fix them. But, they either never make corrections or they make additional errors instead of corrections. In TD Banks response to this complaint, I expect, they will again dredge-up outdated information about my XX/XX/XXXX bankruptcy, implying that this old info is relevant today. It is not relevant in servicing this mortgage in the present. An XXXX year old bankruptcy does not give them the right to accuse me of being in bankruptcy now. 

These errors in TD Bank records have been brought to their attention a long time ago. No matter how TD Bank spins this complaint, there is no excuse for known errors in my TD Bank Mortgage files to have gone unfixed for so long. There is no excuse for TD Bank to be accusing me of being in bankruptcy. 
In the above mentioned CFPB complaint ( XX/XX/XXXX CFPB # XXXX ) into this error, the TD Bank response letter contained contact info for XXXX XXXX and Mr. XXXX. I made multiple attempts to contact each of them. Neither employee would accept or return my calls. Everything in TD Banks responses is just for show.

Company response to consumer: Closed with non-monetary relief