Consumer complaint received 2015-06-04
Product: Mortgage — Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure — 
Company: M&T BANK CORPORATION (MD)

I wish to raise an official complaint in respect to the treatment of my mortgage account with XXXX XXXX XXXX ( XXXX ) on the basis that I do not believe that I have been treated fairly. When I was on a XXXX Leave of Absence XXXX placed me on an unemployment deferment and stated that once my employment resumed that the options were deferment where I would put earnest money down to show good faith and then make payments that would pay off the arrearages over time but there was no formal process for this other than them asking a few questions. I answered the questions and was constantly deferred to the loan modification program which was not the program that I wanted to place in having recently being a recipient of the HAMP modification program. I did not have a single Point of Contact ( POC ) and even when a POC was assigned to my file it was an arduous task getting in touch with them, often times leaving numerous voicemails calls would not be returned for an inordinate period of time. Although XXXX was part of the National Mortgage Settlement it appears that they attempt to misguide customers that are in financial duress in a process that may be easiest for them to manage which in most instances in not in the best interests of the customer. Fast forward in numerous telephone conversations with XXXX I stated verbally that I would like to get a deferment and pay the arrearages over time. Comes now, XXXX denied having such communications on file to substantiate my request. Although during that time I was told to make an earnest money deposit for a deferment which I did in the amount of {$4000.00} on XXXX XXXX, 2014 which was later returned to my financial institution on XXXX XXXX, 2014. I contacted XXXX Bank to find out what would be a reasonable amount for my deferment on XXXX XXXX, 2014 and was able to get the support of my family and submitted a payment in the amount of {$7000.00}. XXXX in turn cashed my payment of {$7000.00} more importantly when I ask them to trace the check that was returned on XXXX XXXX they were made aware once more for my request for deferment. XXXX representatives sadly mislead me into believing that my request for deferment was being processed. 
It was my understanding on the basis of submitting an earnest money deposit and XXXX cashing that payment in the amount of {$7000.00} that I would be entered into a deferment program so I could keep my HAMP loan modification and have the removal of late fees that were incurred on my account as per my numerous requests. I have been mislead by XXXX Bank and do not believe they meet the National Mortgage Settlement guidelines of needing to be clear, fair and not misleading. 
I have also been advised of case law which supports the requirement for important conditions to be made clear and obvious in work out options to include deferments. That was definitely not the case in the mortgage documentation which was issued to me or in any communications from XXXX. XXXX sadly literally bullied me into another loan modification under the XXXX XXXX XXXX XXXX even though to my understanding I qualified for the HAMP Program. Nonetheless, I lost the terms of my HAMP loan modification under my initial agreement and my payment increased because XXXX rolled in ancillary fees to include late fees which I requested a removal of due to documented hardship. XXXX XXXX XXXX, XXXX XXXX XXXX did alert me telephonically that she did see communications for my request for deferment and she wished she could help but advised me that a modification would be the only way to save my home as XXXX denied any communications and she apologized for me being misled.