Consumer complaint received 2016-07-29
Company: M&T BANK CORPORATION
State: MD
Product: Mortgage
Sub-product: Home equity loan or line of credit
Issue: Loan modification,collection,foreclosure

Complaint:
I tried to make the monthly payments on my mortgage but since I was only on the deed and not on the loan the bank would not accept the payments due to the fact that I did not have sufficient enough information and they could not assist me because of their privacy policies. I could not get any help or information until the foreclosure process started. Contempt charges were filed against my ex for not signing over the deed, not giving me the required information, and letting the house go into foreclosure before the foreclosure process started. I informed M & T Bank of the contempt hearing but they informed me that I could not stop the foreclosure unless M & T Bank was subpoenaed to testify. I informed them that they were being subpoenaed to testify but the bank never stopped the foreclosure because they said their legal department was not informed of any subpoena. However, the banks legal department called my attorney to confirm that a representative from the bank would be attending the hearing to testify. I was never given any options unless I attempted to make a payment first. My hearing was postponed by the judge and rescheduled so the bank had to be subpoenaed again to appear at the new hearing with the foreclosure being pushed fast despite the fact that the bank itself would not accept any payments from me until the house went into foreclosure after which gave me access to the information needed. I was even told by the bank three days ago that I could not do anything once the house was in foreclosure and I should have taken care of things before it was in foreclosure even though I was told I would n't be given access until it was in foreclosure. There was a stay requested on the property issues at the contempt hearing to get payoff information for the judge to make a decision with another hearing date being scheduled because the attorneys told us that it would take 48 hours to get the information. The information was given to us which was good for three weeks but a little over a week after receiving the information the Final Loss Mitigation Analysis was filed stating that the bank has not been able to establish any contact. I tried contacting the bank leaving several messages since XXXX XXXX, XXXX almost everyday 2 weeks before the final loss was filed and finally received a call back on XXXX XXXX, XXXX a few days after the filing of the final loss but they would not help me or give me any options. I have been given 25 days from the filing of the final loss ( XXXX XXXX, XXXX ) to request mediation but before this time has ended my house has already been scheduled for auction and was given a date, location, and time of the auction. My home is even being foreclosed on before the judge could resolve the contempt charges on the property issues that were filed before the foreclosure was filed. I have been trying to payoff the mortgage in full since XXXX XXXX, XXXX when my loan closing was scheduled and got cancelled because the deed was not signed. I keep getting told that the bank is not in the business to take my home but they sure have pushed the foreclosure through trying to take it not giving me any options or time to resolve the contempt issues. I am attaching proof of the court hearings scheduled, contempt charges filed, the stay on the property issues being in contempt, and the subpoena served on M & T Bank twice to testify at the hearing on the issues of the loan. Due to the many pages only the ones that pertain to the issues will be included.

Company response to consumer: Closed with explanation