Consumer complaint received 2026-01-21 00:00:00
Product: Mortgage — VA mortgage
Issue: Trouble during payment process — Fees charged
Company: M&T BANK CORPORATION
State: SC

Complaint narrative:
RE : Qualified Written Request Under RESPA Section 6 ( 12 U.S.C. 2605 ) ( Formal Complaint - Failure to Remove Promised Late Fee Waivers ) NOTICE OF QUALIFIED WRITTEN REQUEST Dear Sir or Madam : This letter constitutes a Qualified Written Request under Section 6 of the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605. I am writing to formally dispute late fees that were improperly assessed to my VA home loan account and to demand their immediate removal.

BACKGROUND AND TIMELINE 1. ) My VA home loan was originally serviced by XXXX XXXX  and has been transferred to M & T Bank ( current servicer ).

2. ) In XX/XX/XXXX ( approximately 15 months ago ), my mortgage had accumulated approximately five months of late payments due to a delay in receiving my VA XXXX compensation benefits. I am an 100 % XXXX veteran and was unable to work while waiting for these benefits. 
3. ) Upon receiving my VA compensation payment, I immediately paid a lump sum of approximately {$17000.00} to bring my account current on XX/XX/XXXX. 
4. ) At that time, XXXX XXXX representatives PROMISED me on a recorded call that late fees would be removed if I provided proof that late payments were due to the delay in receiving my VA benefits and not deliberate non-payment.

5. ) I provided the requested documentation via email demonstrating that I was awaiting VA XXXX compensation and that the delay in payments was due to circumstances beyond my control.

6. ) Despite this promise and my provision of the required documentation, the late fees were NEVER removed from my account.

7. ) I never received a response to my email submission of the required proof.

8. ) When I contacted M & T Bank ( the current servicer ) about this issue, they indicated they have no record of the promise made by XXXX XXXX. 
9. ) We are now in XX/XX/XXXX over 15 months since the promise was made and over 15 months since I paid {$17000.00} to bring my account current.

THE PROBLEMS Late fees totaling approximately {$530.00} remain on my account despite : My fulfillment of the payment obligations ( {$17000.00} lump sum payment on XX/XX/XXXX ) My provision of required documentation proving the late payments was due to circumstances beyond my control ( VA XXXX delays ) The written promise from the previous servicer to remove these fees upon receipt of documentation My status as a 100 % XXXX veteran with a XXXX home loan No response from XXXX XXXX after submitting the required documentation Over 15 months of inaction on this matter EVIDENCE I have the following documentation to support this complaint : Email from XXXX XXXX  promising late fee waiver upon submission of proof Copy of my email submission to XXXX XXXX  with VA XXXX compensation delay documentation Proof of {$17000.00} payment made in XX/XX/XXXX ( bank statement/confirmation ) Current mortgage statement showing late fees still present Documentation of VA XXXX compensation delays that caused the late payments LEGAL VIOLATIONS Under RESPA ( Real Estate Settlement Procedures Act ) and VA servicing requirements, servicers are required to : 1. ) Properly respond to qualified written requests within specified timeframes 2. ) Correct errors in borrower accounts when identified 3. ) Honor commitments made by previous servicers when assuming servicing obligations 4. ) Comply with VA loan servicing guidelines that provide additional protections for disabled veterans 5. ) Provide written responses to borrower inquiries and documentation submissions The failure to honor the commitment made by XXXX XXXX, particularly given that M & T Bank assumed all service obligations when they acquired this loan, may constitute violations of : - Federal consumer protection laws ( RESPA ) - VA servicing requirements- Fair debt collection practices - Good faith and fair dealing obligations As the current servicer, M & T Bank has inherited all obligations and commitments made by the previous servicer, including promises made to borrowers regarding account corrections.

REQUESTED ACTIONS I formally request M & T Bank immediately : 1. ) Remove all late fees that were subject to the waiver promise made by XXXX XXXX  ( approximately {$530.00} from XX/XX/XXXX timeframe ) 2. ) Provide written confirmation that these late fees have been permanently removed from my account 3. ) Ensure that no negative credit reporting has occurred or will occur related to these disputed late fees 4. ) Provide copies of all servicing notes, correspondence, and documentation transferred from XXXX XXXX  regarding my account and the promised late fee waivers 5. ) Issue a corrected loan history statement showing the account without the disputed late fees 6. ) Respond to writing within 30 days ( as required by RESPA Section 6 ) 7. ) Provide compensation for the time, stress, and resources I have expended over the past 15+ months attempting to resolve this matter SUPPORTING DOCUMENTATION I am enclosing the following documentation with this complaint : Copy of email from XXXX XXXX  promising late fee waiver upon submission of proof Copy of my submission of VA disability compensation delay documentation Copy of {$17000.00} payment confirmation from XX/XX/XXXX Copy of current account statement showing late fees still present Proof of current late fees LEGAL NOTICE - CONCURRENT COMPLAINTS Please be advised that I am filing concurrent complaints with the following agencies : Consumer Financial Protection Bureau ( CFPB ) U.S. Department of Veterans Affairs - Loan Guaranty Division South Carolina Attorney Generals Office - Consumer Protection Division Better Business Bureau All agencies will be provided with copies of this complaint and all supporting documentation.

RESPA REQUIREMENTS As required by RESPA Section 6 ( 12 U.S.C. 2605 ), I expect : Within 5 business days : - Written acknowledgment of this Qualified Written Request Within 30 business days : - Complete resolution of this matter OR - Detailed written explanation of why the late fees can not be removed ( with supporting documentation ) During the investigation period : - No negative credit reporting related to the disputed late fees - No collection activities related to the disputed amounts - Account to be treated as current regarding the disputed fees MY DEMONSTRATED COMMITMENT I want to emphasize that I have been a responsible borrower who has : Made extraordinary efforts to fulfill my obligations despite circumstances beyond my control Paid a {$17000.00} lump sum immediately upon receiving delayed VA benefits Provided all requested documentation promptly Consistently attempted to resolve this matter in good faith Maintained communication with both XXXX XXXX  and M & T Bank Never abandoned my obligations despite being a 100 % XXXX veteran with financial challenges I expect the same level of integrity, good faith, and commitment from my mortgage servicer.

CLOSING STATEMENT This matter has remained unresolved for over 15 months. I have fulfilled every obligation requested of me, including : - Making the {$17000.00} payment - Providing all requested documentation - Following up multiple times - Waiting patiently for resolution The time for waiting has ended. I am respectfully but firmly demanding that this matter be resolved immediately in accordance with federal law and the promises made to me by your predecessor servicer.

I appreciate your immediate attention to this serious matter and expect a response within the timeframes required by law.

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 monetary relief