Consumer complaint received 2024-11-15
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Loan sold or transferred to another company
Company: M&T BANK CORPORATION (VA)

This complaint is in reference to the property located at XXXX XXXX XXXX XXXX, XXXX, VA XXXX. XXXX XXXX owned this property for decades. The home was given to her. She grew up in the house. Many members of my family grew up in this house. It is our family home for over 4 generations. After XXXX XXXXs husband passed ( XXXX XXXX XXXX deceased for nearly 10 years ), she was the only owner on title until her passing in XXXX. Following her death, the property was put into a trust. That particular trust had XXXX XXXX, a minor child, listed as the primary beneficiary of the property mentioned above ( I, XXXX XXXX, am the trustee of XXXX XXXX 's property ). Since XXXX, the company M & T Bank confirmed with us that they were sending mortgage statements in the name of the deceased, XXXX XXXX XXXX. After years of negligence, addressing the mortgage to the incorrect party ( not even the current owner, XXXX XXXX, M & T bank decided to place this mortgage account with the company XXXX XXXX to commence with collections efforts and foreclosure proceedings. The foreclosure, also confirmed by XXXX from M & T bank ( on a recorded call from Tuesday, XX/XX/XXXX around the time XXXX EST ), commenced in XX/XX/XXXX. We were made aware of this a few weeks ago, when I received a letter in the mail from XXXX XXXX saying the property would be auctioned on XX/XX/XXXX. It was also stated and confirmed by the representative from M & T mentioned above, that mail was going to the address in the name of the incorrect party for years. The mail was being sent to the property in the name of the deceased, XXXX XXXX XXXX, who was not an owner of the property after his passing. The title was passed to XXXX solely via right of survivorship. The current residents had no reason to open any mail addressed to XXXX XXXX XXXX. Furthermore, XXXX XXXX who did live at the property until attending college this fall ( turning XXXX in XXXX ), had no knowledge of any financial responsibility to M & T Bank. Again, he was a minor until XXXX of this year. I received no notification of any late payments via mortgage statements or otherwise as the trustee of this property belonging to XXXX. 

Long story short, M & T Bank never properly advised or disclosed to the correct/responsible parties that the home was behind on payments. They began foreclosure proceedings before the beneficiary of the trust was legally of age to receive such documentation, and myself as the trustee was never notified until I received a letter in the mail referencing an auction next month for the property. I believe this is a violation of our rights. It feels unfair to sell our family home from under us after years of negligence while addressing incorrect parties via mail only about any past due balances. They couldn't address the right parties then, but when it came time to auction the house, they got in contact with us just fine. It feels like M & T Bank is stealing from us and forcing us to incur fees for their inner-workings in their foreclosure process. I believe this also to be a UDAAP violation ( if it applies to mortgages ), and it is certainly a Reg Z/TILA violation as well. I believe this could also be a deeper issue relating to HMDA.