Consumer complaint received 2026-04-09 00:00:00
Product: Mortgage — FHA mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: M&T BANK CORPORATION
State: FL

Complaint narrative:
DESCRIPTION OF THE PROBLEM I am a homeowner in XXXX XXXX, Florida with an FHA-insured mortgage loan serviced by M & T Bank on behalf of loan owner XXXX XXXX XXXX XXXX XXXX XXXX My mortgage fell into delinquency beginning with the XX/XX/XXXX payment, following the expiration of a Special Forbearance Unemployment Agreement approved by M & T Bank in XX/XX/XXXX and running through XX/XX/XXXX. After the forbearance ended, my loan remained delinquent. What followed was a pattern of contradictory communications, missed deadlines, and ultimately a same-day deadline letter that prevented me from proceeding with a XXXX XXXX XXXX I had already accepted in writing through no fault of my own. On XX/XX/XXXX, M & T Bank told me my workout assistance request had been removed because I was unemployed and did not meet investor requirements. M & T Bank offered me only a Short Sale or Deed-in-Lieu of Foreclosure options that would result in me losing my home. Just XXXX days later, on XX/XX/XXXX, M & T Bank reversed course entirely and approved me for a Trial Payment Plan ( TPP ) for a XXXX FHA Loan Modification a home retention option. I responded to this offer in writing before the XX/XX/XXXX deadline. M & T Bank then ignored my written response for nearly XXXX weeks, called me twice asking for an answer as though I had never responded, missed XXXX of its own written promises to respond, and then sent a letter dated XX/XX/XXXX that I received on XX/XX/XXXX the same day as its deadline giving me no meaningful time to make the first trial payment or return a signed attestation form. XX/XX/XXXX, the deadline has passed and I have been unable to proceed through no fault of my own. M & T Bank letter dated XX/XX/XXXX ( attached ) ( received XX/XX/XXXX ) M & T Bank dated a letter removing my workout assistance for the second time in XXXX months stating I 'did not attest that I can afford the mortgage assistance option that was offered. ' M & T Bank is again offering me only a Short Sale or Deed-in-Lieu of Foreclosure, threatening foreclosure if I do not comply. My counsel 's letter dated XX/XX/XXXX responding to M & T Bank 's XX/XX/XXXX letter. My counsel 's XX/XX/XXXX conditional acceptance letter this is the document that directly contradicts M & T Bank 's " did not attest '' claim. My counsel responded to M & T Bank and XXXX XXXX XXXX XXXX XXXX ( confirmed loan owner ) on XX/XX/XXXX via XXXX Mail XXXX M & T Bank 's XX/XX/XXXX letter the letter that arrived on XX/XX/XXXX with a same-day deadline. This letter : XXXX. Formally objects to M & T Bank 's evasive non-responses to substantive legal demands dating back to XX/XX/XXXX. XXXX. XXXX XXXX XXXX XXXX XXXX XXXX on direct written notice that as loan owner it is legally XXXX for M & T Bank 's conduct as its agent including every retaliatory action, every threat of foreclosure, and every refusal to provide legally required disclosures. XXXX. Argues that the XX/XX/XXXX Trial Payment Plan deadline can not lawfully stand as it expired while M & T Bank was simultaneously withholding material disclosures and ignoring my counsel 's timely conditional acceptance letter submitted February 10-11, 2026. XXXX. Identifies the XXXX XXXX XXXX insurance payment question as the controlling legal issue none of the account figures or amounts claimed can be accepted until M & T Bank answers under penalty of perjury whether USDA made an insurance payment on this loan. XXXX. Formally demands M & T Bank reinstate the Trial Payment Plan, place an immediate collections hold, and instruct foreclosure counsel XXXX XXXX XXXX XXXX XXXX XXXX to refrain from advancing any foreclosure action pending resolution. XXXX. Identifies specific statutory remedies available including FDCPA damages up to {$1000.00} per violation, RESPA damages up to {$2000.00} per violation, TILA rescission rights, Florida Statutes XXXX penalties, and common law claims for wrongful foreclosure, slander of title, and unjust enrichment. M & T Bank dated a letter removing my workout assistance for the second time in XXXX months stating I 'did not attest that I can afford the mortgage assistance option that was offered. ' M & T Bank is again offering me only a Short Sale or Deed-in-Lieu of Foreclosure, threatening foreclosure if I do not comply. This statement by M & T Bank is factually incorrect and directly contradicted by the documentary record. My counsel submitted a formal conditional acceptance letter dated XX/XX/XXXX stating " I hereby conditionally accept the XXXX XXXX XXXX offer letter from bank dated XX/XX/XXXX. ' This letter was submitted by email on XX/XX/XXXX at XXXX XXXX EST and delivered via XXXX XXXX on XX/XX/XXXX well before the XX/XX/XXXX acceptance deadline. This conditional acceptance was then resubmitted by email on XX/XX/XXXX at XXXX XXXX EST and again on XX/XX/XXXX at XXXX XXXX EST three times in total. M & T Bank 's claim that I 'did not attest ' is therefore either factually false or reflects M & T Bank XXXX failure to process and acknowledge my counsel 's timely conditional acceptance letter. M & T Bank can not remove my home retention options on the basis of non-attestation when a formal written conditional acceptance was submitted before the deadline and resubmitted twice more. M & T Bank has now twice in XXXX months XX/XX/XXXX and XX/XX/XXXX removed my home retention options and pushed me toward losing my home, despite my documented good faith efforts to participate in the modification process. My counsel is currently preparing a formal response to the XX/XX/XXXX letter which I will forward to you upon completion. My complaint centers on XXXX core problems : M & T Bank sent contradictory communications telling me on XX/XX/XXXX I did not qualify for home retention, then approving me for a modification XXXX days later creating confusion about my actual options and rights. M & T Bank ignored my timely written XXXX response for nearly XXXX weeks, then sent a letter with a same-day deadline I could not possibly meet causing me to miss the Trial Payment Plan deadline through no fault of my own. M & T Bank failed to produce complete accounting documentation in response to my Qualified Written Request ( QWR ), including any insurance payments received from XXXX XXXX XXXX or XXXX. M & T Bank withheld permanent modification terms until the XX/XX/XXXX letter which arrived the same day as the deadline preventing me from making a fully informed decision. M & T Bank 's own correspondence contains an internal contradiction regarding whether it is subject to the Fair Debt Collection Practices Act ( FDCPA ), appearing in every single letter including the XX/XX/XXXX letter. XXXX. KEY DATES AND COMMUNICATIONS XX/XX/XXXX : Original FHA mortgage originated with XXXX Mortgage XXXX XXXX. Principal balance : {$170000.00} at 3.00 % interest. XX/XX/XXXX : FHA XXXX XXXX executed. New principal balance reduced to {$130000.00} at 3.25 % interest, maturity extended to XX/XX/XXXX. XX/XX/XXXX : Loan servicing transferred from XXXX, XXXX XXXX M & T Bank on behalf of XXXX XXXX XXXX XXXX XXXX. XX/XX/XXXX : M & T Bank approved XXXX FHA Forbearance Unemployment Agreement {$0.00} monthly payments for 3 months ( XXXX, XXXX, XX/XX/XXXX ). Total delinquency at that time : {$2500.00}. XX/XX/XXXX : M & T Bank sent default notice. XXXX contractually due for the XX/XX/XXXX payment. XX/XX/XXXX M & T Bank removed workout assistance and offered only Short Sale or Deed-in-Lieu : M & T Bank sent a letter stating my workout assistance request had been removed because I was unemployed and did not meet investor requirements for workout assistance. M & T Bank offered me only a Short Sale or Deed-in-Lieu of Foreclosure both options that would result in losing my home. M & T Bank warned that failure to accept would result in foreclosure referral or continuation of foreclosure proceedings. This letter also contained the FDCPA boilerplate : 'M & T Bank may be considered a debt collector. M & T Bank is attempting to collect a debt. ' XX/XX/XXXX : XXXX referred to foreclosure. XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX, FL ) engaged as M & T Bank 's foreclosure counsel. XX/XX/XXXX : Foreclosure proceedings suspended due to active loss mitigation review. XX/XX/XXXX : XXXX XXXX XXXX XXXX XXXX XXXX issued Reinstatement Quote : Total reinstatement of {$24000.00} good through XX/XX/XXXX ( Total Payments Due {$19000.00} / Corporate Advance {$1600.00} / Late Charges {$230.00} / Escrow Balance {$2200.00} / Preservation Advance {$90.00} ). XX/XX/XXXX : XXXX XXXX XXXX XXXX XXXX XXXX issued Payoff Quote : {$150000.00}. Outstanding principal balance : {$130000.00}. XX/XX/XXXX : I submitted a formal Qualified Written Request ( QWR ) under RESPA ( 12 U.S.C. 2605 ( e ) ) and debt validation demand under FDCPA ( 15 U.S.C. 1692g ) via Certified Mail to M & T Bank at multiple addresses. Copies sent to the Florida Attorney General, USDA, XXXX, XXXXXXXX XXXX XXXXXXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX M & T Bank reverses course and approves XXXX ( XXXX days after XX/XX/XXXX letter ) : M & T Bank offered a Trial Payment Plan ( TPP ) for a XXXX FHA XXXX XXXX XXXX payments of {$1700.00} each due XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. XXXX deadline : XX/XX/XXXX. No permanent modification terms ( interest rate, loan term, or capitalized balance ) were disclosed in this letter. XX/XX/XXXX : XXXX XXXX XXXX XXXX XXXX XXXX issued updated Payoff Quote : {$150000.00} good through XX/XX/XXXX ( Principal {$130000.00} / Interest {$4800.00} / Attorney Fees {$1600.00} / Late Charges {$230.00} / Escrow {$12000.00} / Pro Rata MIP {$190.00} / Preservation Advance {$120.00} / Corporate Advance {$350.00} ). XX/XX/XXXX at XXXX XXXX EST : I emailed my TPP response to XXXX with all attachments, before the XX/XX/XXXX deadline. XX/XX/XXXX : My written TPP response arrived via XXXX XXXX XXXX M & T Bank, XXXX XXXX XXXX, XXXX, NY XXXX, before the deadline. FedEx delivery confirmation on file. XX/XX/XXXX : M & T Bank XXXX XXXX XXXX responded to the Florida Attorney General inquiry produced some documents but refused others as 'overbroad. ' Did not acknowledge my XXXX XXXX TPP response XXXX Same letter denied FDCPA applicability while including boilerplate stating M & T Bank 'may be considered a debt collector. ' XX/XX/XXXX : CFPB acknowledged receipt of my prior correspondence but could not take additional action, directing me to submit a formal complaint. XX/XX/XXXX : I sent an XXXX XXXX XXXX M & T Bank by XXXX Mail objecting to their FDCPA position, identifying remaining QWR deficiencies, and formally requesting a XXXX extension of the TPP acceptance deadline. XX/XX/XXXX : M & T Bank called regarding the TPP I did not answer. No written follow-up provided despite having received my written TPP response 22 days earlier. XX/XX/XXXX : M & T Bank sent written acknowledgment confirming : principal balance {$130000.00}, escrow deficiency - {$12000.00}, loan due for XX/XX/XXXX. Did not acknowledge my TPP response. XX/XX/XXXX : M & T Bank called again regarding the TPP I did not answer. No written follow-up provided. XX/XX/XXXX at XXXX XXXX EST : I returned M & T Bank 's calls. Representative stated the offer would be cancelled for non-response and gave me XXXX email addresses for formal written communication. XX/XX/XXXX at XXXX XXXX EST : Following M & T Bank 's instructions, I immediately emailed both addresses resending my complete XXXX response with all attachments. XX/XX/XXXX at XXXX XXXX EST : M & T Bank auto-acknowledged receipt and promised a response within XXXX business days deadline XX/XX/XXXX. XX/XX/XXXX at XXXX XXXX EST : I sent a second email resending my XXXX response and all supporting documents. XX/XX/XXXX at XXXX XXXX EST : M & T Bank auto-acknowledged again. XX/XX/XXXX : M & T Bank missed its own written XXXX deadline. No response received. XX/XX/XXXX at XXXX XXXX EST : I sent a third follow-up email requesting confirmation the TPP was active. XX/XX/XXXX at XXXX XXXX EST : M & T Bank auto-acknowledged again, promising a response within XXXX business days new deadline XX/XX/XXXX. XX/XX/XXXX ( received XX/XX/XXXX ) : M & T Bank XXXX XXXX XXXX sent a letter signed by XXXX XXXX, XXXX XXXX XXXX, finally disclosing permanent modification terms and setting a XX/XX/XXXX deadline for both the first TPP payment and signed attestation. Key contents : Permanent modification terms finally disclosed : XXXX term, 6.625 % interest rate, {$23000.00} capitalized arrears. XXXX payment breakdown : Principal and Interest {$940.00} + Escrow {$790.00} XXXX County {$500.00} / Hazard {$190.00} / Mortgage Insurance {$98.00} ) = Total {$1700.00}. M & T Bank stated first TPP payment AND signed attestation must be received by XX/XX/XXXX or it would result in default of the plan. M & T Bank confirmed successful TPP completion would bring loan current and remove it from foreclosure proceedings. M & T Bank stated USDA documentation is 'not applicable ' with no explanation or evidence. M & T Bank refused to cease adverse credit reporting. Same letter again included FDCPA boilerplate : 'M & T Bank may be considered a debt collector. M & T Bank is attempting to collect a debt. ' XX/XX/XXXX : I received the XX/XX/XXXX letter the same day as the deadline. I was unable to make the {$1700.00} payment or return the signed attestation form in time. XX/XX/XXXX Date of this complaint : The TPP deadline has passed. My loan is at risk of returning to active foreclosure entirely as a result of M & T Bank 's own contradictory communications and failure to acknowledge my timely written TPP response for nearly XXXX weeks. III. SPECIFIC PROBLEMS A. Pattern of Contradictory Communications Causing Confusion and Harm On XX/XX/XXXX, M & T Bank told me I did not qualify for any home retention option and offered me only a Short Sale or Deed-in-Lieu of Foreclosure. Just 53 days later, on XX/XX/XXXX, M & T Bank approved me for a XXXX FHA Loan Modification Trial Payment Plan a complete reversal of its prior position. This contradiction was never explained. Going from 'you do not qualify for home retention ' to 'you are approved for a loan modification ' in 53 days, without explanation, created significant confusion about my rights and the reliability of M & T Bank 's communications throughout this process. B. M & T Bank 's Own Delays Caused Me to Miss the TPP Deadline I submitted my Trial Payment Plan response on time XX/XX/XXXX at XXXX XXXX EST by email and XX/XX/XXXX by XXXX Overnight. M & T Bank did not acknowledge this response for nearly XXXX weeks. During that time M & T Bank called me twice asking for an answer as though I had never responded, made and missed XXXX written promises to respond within XXXX business days, and then sent a letter on XX/XX/XXXX that arrived on XX/XX/XXXX the same day as its deadline. I had no meaningful opportunity to make a payment or return a signed form before the deadline expired. The missed deadline was caused entirely by M & T Bank 's own failure to process and acknowledge my timely written response. C. Permanent Modification Terms Withheld Until Same-Day Deadline Letter The XX/XX/XXXX TPP offer did not disclose the permanent modification interest rate, loan term, or capitalized balance. I specifically requested these terms in my XX/XX/XXXX XXXX XXXX. M & T Bank did not provide them until the XX/XX/XXXX letter which arrived the same day as the deadline. The terms are significant : a XXXX term ( 40 years ), 6.625 % interest rate, and {$23000.00} in capitalized arrears. I had a right to know these terms before being required to make payments and sign an attestation form. XXXX Incomplete Response to Qualified Written Request The XX/XX/XXXX letter states that USDA documentation is 'not applicable ' but provides no explanation or evidence. My QWR specifically requested documentation of any insurance payments received from XXXX XXXX XXXX or XXXX and XXXX they were applied. The following critical items remain unanswered : Complete accounting of any insurance claim payment received from XXXX XXXX XXXX or XXXX, XXXX a copy of USDA XXXX XXXX XXXX, with dates and amounts. XXXX of any such payment with amounts now claimed as arrears. Documentation of whether a Satisfaction of Mortgage was executed and recorded as required by Florida Statutes XXXX. A complete forensic accounting of the loan under XXXX, attested under penalty of perjury by an authorized officer. E. Ongoing FDCPA XXXX XXXX XXXX XXXX XXXX M & T Bank has sent throughout this matter including the XX/XX/XXXX letter, the XX/XX/XXXX letter, and the XX/XX/XXXX letter includes the boilerplate disclosure that M & T Bank 'may be considered a debt collector ' and 'is attempting to collect a debt, ' while M & T Bank simultaneously claims the FDCPA does not apply. This contradiction appears in every piece of correspondence and directly affects my legal rights.

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