Consumer complaint received 2025-09-04 00:00:00
Product: Mortgage — FHA mortgage
Issue: Trouble during payment process — Trying to communicate with the company to fix an issue while managing or servicing your loan
Company: M&T BANK CORPORATION
State: IL

Complaint narrative:
Short Summary of Non-Compliance Despite my repeated requests, M & T ; Bank has not provided the specific information required under FHA, HUD, and RESPA regulations. In particular, they have failed to : 1. Provide an itemized breakdown of the recoverable corporate advance balance, including dates, vendors, services, and amounts.

2. Identify the specific mortgage or note provision that authorizes charging me for HOA-related legal fees.

3. Cite the applicable FHA/HUD guidance they rely upon to justify these charges.

4. Supply the required written notice before applying fees, as mandated under federal law.

5. Confirm that no receivership-related fees will be applied until a court decision is made.

I am writing in reference to recent communications indicating that legal fees connected to litigation against my Homeowners Association ( HOA ) may be charged to my mortgage account. I must respectfully dispute and reject this action for the following reasons : 1 ) No Personal Violation or Default My individual property has not been cited for any violation, nor am I in default under the terms of my FHAinsured mortgage. The legal matter concerns the HOA as an entity, not me as an individual homeowner.

Any attempt to apply such charges would conflict with the Fair Debt Collection Practices Act, 15 U.S.C. b1692f ( 1 ), which prohibits collecting any amount not expressly authorized by the agreement or permitted by law.

2 ) FHA Regulations Limit Fees Pursuant to 24 C.F.R. 203.552, a lender may only charge reasonable and customary fees and chargesnactually incurred in servicing a mortgage, and only when directly related to the borrowers default or servicing of the loan.

Further, HUD Handbook 4000.1 ( Servicing and Loss Mitigation ) provides that servicers may not assess fees that are unrelated to the borrowers account, or that are not expressly authorized by the mortgage agreement.

3 ) Written Notice Requirement FHA guidelines and standard mortgage servicing practices require that written notice be provided before assessing any fees. The notice must identify the basis, amount, and contractual or regulatory authority for the charge. To date, no such documentation has been provided.

Under the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605, and Regulation X, 12 C.F.R. 1024.36, a servicer must provide a substantive written response to a borrowers qualified written request or information request. Ignoring or failing to answer questions about fees is a
violation of these federal requirements.

4 ) Request for Documentation If your office believes it has authority to charge me for HOArelated legal fees, please provide : The specific provision in my Mortgage or Note that authorizes these charges ; The applicable FHA/HUD guidance you are relying upon ; and An itemized statement showing each cost actually incurred ( date, vendor/service, purpose, and amount ).

5 ) Court Allocation/ Hold on Application of Fees In your XX/XX/year> email, you stated that the courts will decide how to split the receivership feenamongst the units once the case has been completed, and that you will assess expenses accordingly at that time. In line with your own statement and applicable servicing standards, no receivershiprelated fees should be applied to my account until the court has made a final determination on allocation and any amounts are final and nonduplicative.

Applying estimated or provisional charges to my account nowbefore a court decisionwould be
improper and inconsistent with FHA servicing requirements and 15 U.S.C. 1692f ( 1 ). Ignoring or refusing to answer my direct and reasonable requests for information would itself constitute a violation of federal servicing obligations. As the borrower, I am entitled to full and accurate responses to my questions under FHA regulations, RESPA, and Regulation X. Should M & T ; Bank fail to comply, I will have no choice but to escalate this matter to the Consumer Financial Protection Bureau ( CFPB ), which enforces compliance under 12 U.S.C. 5511 ( c ) ( 4 ), and to the U.S. Department of Housing and Urban Development ( HUD ), XXXX XXXX XXXX. 
Absent the above documentation and a clear court determination, I must insist that no such fees be assessed or collected on my account. Charging me for legal matters that do not involve my personal default would violate federal regulations governing FHAinsured loans.

Please provide your written confirmation within 15 business days that ( a ) you will provide the full itemized breakdown and supporting authority requested above, and ( b ) no receivershiprelated fees will be applied to my account unless and until there is a final court decision and the charges are authorized by my mortgage and applicable FHA/HUD rules . Please also place this correspondence in my permanent servicing file.

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