Consumer complaint received 2017-10-21
Company: M&T BANK CORPORATION
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I XXXX XXXX XXXX, am filing this complaint against M & T Bank for violations of my Consumer Rights under the Federal Debt Collections Practices Act and UDAAP. Under Federal Law, I am entitled to a Loan Modification but M & T BANK my current Lender has consistently denied this Loan Modification when in fact I do qualify for a Home Loan Modification. The facts are as follows : 1. That in XXXX M & T Bank took over my home mortgage loan for my home located at XXXX XXXX XXXX, XXXX XXXX, NY, XXXX, from my previous lender XXXX XXXX XXXX XXXX and I was suddenly imputed a dramatic increase in my Conventional loan payments from {$1000.00} ( Principal & Interest ) to over {$3900.00} ; that after pleading with M & T Bank some payments were stretched to obtain a new payment of {$2400.00}. That my new payments now, not only included P & I payments but also included city and county tax ( including Hazard insurance which I was already paying separately ), but past also included past due taxes of over 21k and penalties which were now being escrowed and included city tax and county tax, all of this in violation of my conventional loan agreement with my original lender XXXX XXXX XXXX XXXX. 
Prior to my mortgage loan being transferred to M & T bank, I was never late on my mortgage payments and resolved any and all tax issues on my property directly with the city of XXXX XXXX, NY, or the New York Department of Taxation. Now M & T Bank, has been forcefully asking me to escrow taxes on a Conventional mortgage loan since XXXX of XXXX. 
That M & T BANK stated to me in XXXX that my payments had been increased due to past due taxes and penalties of over {$21000.00}. My initial contract with my original lender XXXX XXXX XXXX XXXX was to pay only Principal and Interest payments to them and to resolve any tax issues with the XXXX XXXX city/county directly as I had a conventional mortgage loan with them and not an FHA Loan. Now, I was being unduly forced with the threat of foreclosure by M & T Bank in violation of my conventional loan agreement with my original Lender XXXX XXXX XXXX XXXX to pay all taxes and insurance fees directly with M & T Bank. The whole purpose of a Conventional Mortgage loan is to avoid such abuse and to resolve taxes with the government and not with the lender. I am XXXX and my income fluctuates, and therefore a conventional mortgage loan was best suited to my financial situation. 
2. Moreover, my income last year had suddenly decreased due to some health issues and I, therefore requested M & T Bank to provide me with a loan modification in order to have my mortgage and or interest rate reduced to make it more affordable. 
3. I have now applied for a Loan Modification 3 separate times with M & T Bank and they keep denying my request for a Loan Modification. Their Modification application states that you can request for a 3rd party to assist you in paying. In my last application attached, my niece XXXX XXXX XXXX proposed to provide monthly payments of {$2500.00} towards my mortgage which would cover the entire monthly payment. I also promised to contribute {$15000.00} ( XXXX XXXX XXXX ) towards the past due payments. M & T Bank called my niece XXXX XXXX XXXX ( authorized to discuss the account on my behalf ) on XX/XX/XXXX and lied that they had not received this new application letter dated XXXX/XXXX/XXXX whereas they had previously stated that they had in fact received this new application on or around the week of XXXX/XXXX/XXXX. They also stated that they had based their current denial of the modification on their review instead of my previous application from XXXX of XXXX which is grossly prejudicial as my contribution then was only for {$1000.00}. They also lied that I had stated on my application that my contribution would be {$1500.00} ( XXXX XXXX ) and not {$15000.00} ( XXXX XXXX ) whereas the documents I sent to them clearly showed that I offered {$15000.00} to resolve some of my back payments. Please SEE attachment for email confirmation sent to M & T BANK on XXXX/XXXX/XXXX sent to their Loss Mitigation Department at XXXXXXXXXXXX on XXXX at XXXX. The new application for Loan modification dated XXXX/XXXX/XXXX would not have been reviewed or sent to their underwriting department if the date on the documents had not been renewed. So my application was again denied on XXXX/XXXX/XXXX based on false pretenses and allegation and misrepresented review of my documents. 
3. Moreover based on my 3 months profit and Loss statement which are based on the bank statements I provided to them ( I am XXXX ) I have a Net positive income which their Underwriting department keeps refusing and failing to consider. 
5. Also, I have had to keep emailing the same documents multiple times as their review agents keep claiming and lying that they have not received specific documents when all documents are always been uploaded as email attachments and sent to their designated emails. It is clear that they are not being diligent with my file and these are purported fabrications aimed at further frustrating me and my purpose in order to deny me my legal rights. 
4. M & T Banks actions are prejudicial and discriminatory and I am now convinced per all of their actions that they are in fact discriminating against me in order to force me to either sell or seize my property which I worked so hard to acquire. I am older XXXX gentleman and I now see that I am been specifically racially targeted. 
5. I have included a copy of my last Loan Modification application dated XXXX/XXXX/XXXX so that you can investigate the actions of M & T Bank and provide oversight for their actions. 
Thank you for your help.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation