Consumer complaint received 2022-06-27
Company: M&T BANK CORPORATION
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
THIS IS NOT A DUPLICATE COMPLAINT. BUT AN UPDATE TO THE BILLING ERROR AND NOTICE OF FAULT/OPPORTUNITY TO CURE. 
I, XXXX XXXX XXXX, consumer whom in competent and of sound mind and age, is filing this complaint under my own accord. I all statements made are true and accurate to the fullest extent of my belief. I have sent M & T bank an affidavit of truth requesting the original promissory note with my Original wet blue ink signature, the account ledger showing where the funds originated from showing that M & T Bank lended me money, I requested the Generally accepted account practices, proof showing that the deed and promissory note was filed with the county recorder and the original promissory note was not securitized and sold,. In the Affidavit, M & T Bank has not rebutted any other these requests point by point. They have sent me communications with past statements, balances, a bad copy of the promissory note that only has my signature on with an unknown person who " ALLEGEDLY '' signed the note. If this promissory note is suppose to be a bilateral contract, which the definition of a bilateral contract is a promise in exchange for a promise between parties. An implied-in-fact contract is a bilateral contract even though it may be established by an action rather than a verbal promise. The attachments that M & T BANK has senT through the CFPB portal included a copy of the promissory note used by XXXX XXXX XXXX XXXX and not the original. On that copy of the promissory note, there are a few initials that I dispute as as not my own, the signature on page 19 of the note, there is no name of the alleged witness, just a super imposed signature that is not of the original note. Also the notary stamp of this note does not appear to be the same date this note was originated nor does the notary stamp appear to be original to the document. This would be considered fraud if the notary stated I endorsed the note in front of her, when in i Fact I did not. I can not make out whether it was stamped XXXX or XXXX. How do I know the Anonymous signature of some unknown person on the note is an employee of M & T Bank? There is no name or position of this person. Due to M & T Bank 's constant fraudulent activity, I believe that was done after I endorsed the note under the misleading thought that I was borrowing from M & T Bank and they will not rebut any of my affidavits with an Affidavit rebutting these FACTS. When an affidavit is not rebutted point by point, it is implied that the Affidavit is factual and undisputed. when the law states 12 U.S. Code 1431 - Powers and duties of banks a ) Borrowing money ; issuing bonds and debentures ; general powers Each Federal Home Loan Bank shall have power, subject to rules and regulations prescribed by the Director, to borrow and give security therefor and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all things necessary for carrying out the provisions of this chapter and all things incident thereto. So knowing that banks can not lend their own money and they can not lend their customers money, How is it that M & T BANK " Lent '' me funds and I am responsible for this debt knowing that 18 U.S. Code 8 - Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. I used used Federal Reserve Notes as tender of payment, which according to the Federal Reserve Bank, is considered a promise to pay and not lawful money. According to the 12 USC 411 The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States.The Secretary of the Treasury shall pay interest due or accrued on the public debt. Also 31 usc 3123 ( b ) As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than one year, with or without a rebate of interest on the coupons. Your company has created the false believe that I, the Consumer is obligated to pay this debt using Federal Reserve Notes or Floating Rate Notes, which is false and is considered extortion under 18 usc 1961.

AGAIN THIS IS NOT A DUPLICATE BUT AN UPDATE.

M & T has not provided any of the requested information via Affidavit nor have they properly rebutted any of these facts under the penalty of perjury. I have submitted proof attached to the complaint. The proof attached is their documentation send via CFPB portal

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