Consumer complaint received 11/29/2017 about Mortgage (Conventional home mortgage) with M&T BANK CORPORATION (KY).
Issue: Trouble during payment process

Complaint: XXXX XXXX XXXX XX/XX/XXXX Executive Vice President Mortgage Consumer Lending Customer Assets MGMT M & T Bank. 
XXXX XXXX Mortgage Research Retail Loan Servicing M & T XXXX XXXX XXXX XXXX XXXX XXXX XXXX, New York XXXX Dear XXXX, I wrote this letter to M & T Bank on XX/XX/XXXX asking them for their assistance in correcting a mistake made by their bank, on several occasions and finally costing me money. My former wife and I had a property financed through M & T Bank, property is located at XXXX XXXX XXXX, XXXX MI. XXXX. Unfortunately, my former wife and I dissolved the marriage, agreeing that she would purchase the house from me. She paid me half the equity and was given a time frame to refinance the property. In doing so, there was an excess of close to {$3900.00} in the escrow account attached to this mortgage. The mortgage officer made the check out to XXXX XXXX, XXXX XXXX XXXX ( Copy of check attached ). This check was signed by XXXX, and applied to her new escrow account with her loan at XXXX XXXX XXXX. M & T Bank claims that they are not responsible for the mistake, my reply starts here, it has supporting documentation, as well as explains the actions I have taken. Above is who I sent the complaint to at M & T Bank. 

I received your response dated XX/XX/XXXX. After reading your response, it saddened me that your bank would not stand behind their mistakes. In regards to the check made out for {$3900.00} to XXXX XXXX XXXX, XXXX XXXX XXXX that was a surplus to the escrow on the mortgage that I had with you for the property located at XXXX XXXX XXXX, XXXX Michigan XXXX. I had contacted your bank a couple dozen times over the last year and a half in regards to the divorce that I went through with my former wife XXXX XXXX XXXX XXXX. Here are some dates that I expressed to you where I am to be reached and that all correspondences should be sent to my new address. On XX/XX/XXXX your bank asked me to send you a letter by fax with my new address, my Social Security #, a request for information, and to spell out that the information is to be sent to me and not to XXXX XXXX XXXX XXXX Michigan XXXX. The letter and requested information was faxed on XX/XX/XXXX, at XXXX XXXX ( facsimile attached ), also attached is an email from XXXX, in which the information and instruction I was asked to put in writing was ignored and the requested information was sent to her instead. ( Email attached ) On XX/XX/XXXX your own notes states that you called me back and in those notes it list my current address per that phone call, this was six days before the check was cut. There were many other correspondences between me and your customer service people, including supervisors, so the fact that we were no longer married and went through a hostile divorce was no surprise to your bank. It was stated many times in the notes that your employees took in regards to our many conversations. The problem is, we are divorced, and there is a strained relationship between the two of us, so collecting this money by me to correct your banks mistake form my former wife is not an option, and half of this money she was not entitled too. M & T Bank has an obligation to return the money to me, seeing that XXXX has no claim to my half of the escrow and we both had an account with M & T Bank. The mortgage officer made the check out to XXXX XXXX, XXXX XXXX XXXX. This check was signed by XXXX, ( Copy in the notes ) and applied to her new escrow account. Now I finally did receive correspondence for M & T Bank and was informed that they can not send me the notes regarding my account and they are not taking accountability for their mistake. After you were contacted by the Better Business Bureau, I received the notes that I was told I could not receive. They have just wasted a years time and effort of mine, with false promises, causing me a lot of grief, and probably are going to cost me money with this check. Legal fees, if I choose to take this to court. I was advised by an attorney to write this letter to give M & T Bank yet another chance to correct the error. If this letter is not going to generate the remedy that I seek, then I have already notified you that I would contact the XXXX County Michigans attorney, as well as contact the office of Comptroller of the Currency, The Department of Finance that regulates banks, as well as the Consumer Finance. I am appealing to your good judgment to help correct this error. Please respond within 10 days, or I will take your failure to respond as an answer. 




Thank you for your attention, XXXX XXXX XXXX XXXX. XXXX XXXX XXXX, KY XXXX XXXX SS # XXXX Loan # XXXX Third request of resolution by written correspondence

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