Consumer complaint received 2021-06-15
Product: Checking or savings account — Checking account
Issue: Closing an account — Can't close your account
Company: KEYCORP (IN)

I filed a small estate affidavit to get my mother 's bank accounts from Keybank on XX/XX/XXXX. I also had intentions of taking over payments on her mortgage that she has through them. The property was quitclaimed  to me prior to her death  so it should have no bearing on the value of the estate meeting the requirements of a small estate. In accordance with the Garn-St. Germain Act and the interpretation that the ability to repay rule should not apply to a child if he/she is just taking over the payments, I wrote a letter to the bank indicating that I would be taking over the payments and that the quitclaim deed should be proof that I am successor in interest. 

The bank is holding my mother 's deposit accounts because they have a mortgage in her name that they are making me apply for a new loan to take over. They have indicated that the whole process will take four to 6 more weeks, and that their legal department will then notify me IF they approve my takeover of the loan. Until that time, they are not turning over the funds from her deposit accounts. 

Due to supporting documents including social security numbers, I would prefer not to attach them but are available upon request. In addition, they have already been obtained by Keybank during this process. 

The timeline of events is as follows : XX/XX/XXXX, XXXX took a notarized small estate affidavit, my mothers death certificate and my drivers license and presented them to the XXXX, Indiana branch of KeyBank. 

XX/XX/XXXX, XXXX-No returned call for update. I called and was told the person helping me was out for the day.. They took my number and said they would have her call. 

XX/XX/XXXX, XXXX-I was told she wasnt sure what was taking so long and that she was going to resubmit it and ask that it be escalated. She indicated she would call the following day with an update. During that time frame, my son, XXXX XXXX, had received a notice that my mothers credit card account had been closed with a balance due. 

XX/XX/XXXX, XXXX-Still no return call. My son called the branch and had to leave his number. His call was not returned. He called again at the end of the day and he was able to reach the lady who had taken his original message and was told that you were not in but the case was still with legal. 

XX/XX/XXXX, XXXX-The person helping me called and said she was told that the legal department indicated that there was a mortgage on a property and she was to send the paperwork to collections, but that was all she knew about what was going on with the situation. 
Since my mother had signed a quitclaim deed and the property had quitclaimed to me, there shouldnt be an issue with the property and the fact that I had a small estate affidavit completed, but there was no discussion at that time about the status of the small estate affidavit. 

XX/XX/XXXX, XXXX-The lady called and indicated that Key Bank would be sending paperwork within 7 days and would need a successor in interest form completed. She also indicated that they would need me to go through the loan application process and would need to have my credit checked and approved before I could take over the loan. I indicated that according to the Garn-St. Germain Act of 1982, I didnt have to go through that process and could just take over the payments. At that time she requested a copy of the quitclaim deed be sent so it could be forwarded to the mortgage department. My son emailed a copy of the notarized form to them that morning. 

XX/XX/XXXX, XXXX-I emailed the bank with a letter informing them that I would be living on the property and would be taking over payments for the mortgage loan. Along with that letter, I asked them about the status of the small estate affidavit since the quitclaim deed proved the value of the bank accounts fit the definition of a small estate. I received an automated reply because the lady helping was on vacation. It also gave a number to call if I needed assistance. 

XX/XX/XXXX, XXXX-Still had not received paperwork that was supposedly being sent to determine I was a successor in interest, So I called the branch to get assistance. I had to leave my number and asked for a return call ASAP. 

XX/XX/XXXX, XXXX-After waiting all day for a return call, I reached out to Keybank via social medias XXXX. They indicated that they would forward my contact information to the local branch for review. I indicated that I was at the point of being ready to seek legal assistance and file complaints where needed so I could get answers. They said they would forward my information to their escalation team and would be contacted in 2 to 3 business days. 

XX/XX/XXXX, XXXX from their corporate customer service office called and started taking information about my situation. We were cut off mid-conversation due to a storm in their area. I contacted them back and was told that XXXX was offline and would likely call when she was able to reconnect. I still haven't heard back from her. 

XX/XX/XXXX, XXXX-Sent another email to the personal banker at our local branch requesting an update. She was able to call and tell me that according to her legal department and their mortgage people, I needed to follow a different procedure than just filing a small estate affidavit with them because of the mortgage they hold on the property that has been quitclaimed to me. According to them, I need to work through getting the mortgage taken over for the small estate affidavit to be handled, and the process could take 4 to 6 weeks. I need to complete a release of information form and contact their customer service people to make an application for the loan with mortgage servicing. Then they will need to go through the whole approval process, make a determination and report back to legal who will then let the banker know who will let me know if it is approved that I can get a loan to either assume the loan or have a new one. I am not sure which-since information I am getting is coming through 3 or 4 people before I get it. She did assure me she had all the dates and times recorded as to what she has been doing to work on this for me. 


XX/XX/XXXX, XXXX-XXXX XXXX-Tried to call the number I was given to get started on getting the mortgage taken care of. The man who answered said they had absolutely nothing to do with taking documents or getting mortgages taken care of like we were needing. All he could do is take care of taking payments. He said that we needed to contact the local branch to take care of our problem. 

XX/XX/XXXX, XXXX-XXXX XXXX-Called second number I was given to try to get help. She looked at the accounts and saw the XX/XX/XXXX contact but said no other notes were available. She put me on hold so she could dig deeper. Then she reported back that she was waiting on a supervisor to ask what steps I need to take next. After a call that had me on hold for 30 minutes, she asked if she could call back once she is able to talk with her supervisor.