Consumer complaint received 2024-02-07
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — Trying to communicate with the company to fix an issue while managing or servicing your loan
Company: KEYCORP (NY)

The original mortgage was in my father 's name with XXXX XXXX Bank. My elderly father suggested that I take over the mortgage payments before he passed away. I began to make the payments and handle the mortgage with XXXX XXXX 's blessing. My father passed away in XXXX of XXXX. I continued making mortgage payments to XXXX XXXX without issue. ( They were provided all the necessary paperwork by the executrix, my aunt. ) in XXXX, KeyBank took over XXXX XXXX and the problems began immediately. KeyBank refused to recognize me as an heir/successor in interest despite being provided the documents by the executrix ( the very same documents that had been provided previously to XXXX XXXX ). Because KeyBank refused to recognize me as an heir/successor in interest to my father 's estate, KeyBank refused to discuss the mortgage account with me and refused to readily accept payments from me. Despite refusing to accept money from me, KeyBank 's collection department called continuously for years, but always asked to speak to my father, even though they had express knowledge he was deceased. This was a terrible emotional stress on myself and his sister, the executrix, so much so that she could not handle the stress any longer, and wrote to KeyBank advising them to discuss this matter with me only. KeyBank refused that request and still continued to contact my aunt ( executrix ). 
Eventually, both my aunt and I wrote to KeyBank and complained of their refusal to discuss the mortgage with me. One of their lawyers reached out and informed me that we needed to fill out a particular form- which I believe we had already submitted - in order for KeyBank to discuss the mortgage account. Nonetheless, we filled the form out ( again ), submitted it, and received written confirmation that it had been received AND that, going forward, I would be able to make payments on the mortgage account and discuss the mortgage with KeyBank. Unfortunately, that never happened. Despite repeated promises and assurances from KeyBank representatives and lawyers, I was never given authorization to pay on the account or be able to discuss the account with Keybank. I was able to make a payment by phone once ( it took almost an hour ) but after that, the next time I called, I was informed they saw no record of me in the system that would allow them to discuss the matter with me. 
I continued to have difficulty making payments and Keybank filed a foreclosure action. I filed an Answer and Counterclaim. The judge allowed KeyBank to obtain discovery from me, but refused on multiple occasions to allow me to obtain discovery from KeyBank, even though I explained to him that the evidence I sought, including the telephone recordings, would refute the foreclosure claims as well as support my defenses and counterclaims. That failure by the Court toallow me discovery resulted in KeyBank receiving summary judgment. They then, despite pending appeals, rushed to sell the house as quickly as possible.

Just prior to the grant of summary judgment, and because I was not being treated fairly by the state court, we filed a Federal court case in OH, alleging violations of RESPA, TILA FDCPA and various state law breach of contract claims. That case is still pending. 
The house was sold at auction on XX/XX/XXXX, despite every effort I made to pay off the mortgage in full and despite efforts to stay the proceedings. 
It is my belief that KeyBank and its law firms, acted in concert in order to keep their unethical and illegal actions under wraps. Keybank and its lawyers filed affidavits and other pleadings containing false statements. By way of example, claiming that I had missed a XXXX, XXXX payment. The foreclosure law firm, XXXX XXXX, XXXX and Key Bank both have possession of evidence contrary to what was filed, and they withheld that evidence in order to obtain a favorable ruling and get the house. For example, KeyBank and its law firms are in actual possession of the telephone recordings showing that I tried to make the required mortgage payments. I was told specifically by representatives of KeyBank that the foreclosure should not have been filed, but the law firms went forward anyway. Even as late as last year, my aunt, seeing that I was not getting a reasonable response from KeyBank, sent yet another letter explaining the problem and our desire to pay, but that letter was ignored completely. 
The house has been sold, and even though I am filing a XXXX XXXX, I may lose my ancestral home. 
It is my assertion that the foreclosure action was wrongfully brought, and that KeyBank and its representatives brought about the foreclosure themselves.