Consumer complaint received 2025-06-07 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: GA

Complaint narrative:
Subject : Formal Complaint Inaccurate Credit Reporting and Mishandling of Loss Mitigation by M & T Bank ( Account # XXXX ) Dear CFPB Representative, I am filing a formal complaint against M & T Bank, who currently services my mortgage, for inaccurate and premature negative credit reporting, improper handling of loss mitigation, and potential violations of federal consumer protection laws. 

Background : My mortgage was transferred from XXXX XXXX  to M & T Bank while I was under an active hurricane disaster forbearance program. On XX/XX/year>, M & T Bank issued a loss mitigation agreement ( which I received on XX/XX/year> ), giving me until XX/XX/year> to review and return the signed paperwork. 

Despite this clear timeframe, M & T Bank reported a XXXX mortgage delinquency to XXXX  before the response deadline passed. I have not declined or missed the deadline to accept the proposed termsyet the derogatory mark was already added, causing substantial harm to my credit profile. 

Furthermore, the loss mitigation documents show a significant interest rate increase to 7.125 % effective XX/XX/year>, with a new payment starting XX/XX/XXXX, XXXXbefore I even received the documents. I contacted M & T several times to dispute the rate increase, as it undermines the purpose of hardship assistance. They claimed the increase was due to a lien on my property. However, I have submitted proof that there is no lien, and as of today, I have not received a response or correction from M & T. 

This treatment appears to be a rushed and coercive process designed to push me toward foreclosure, with little regard for due process or my consumer rights. 

Federal Laws and Violations : 1. Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2 Furnishers of information, like M & T Bank XXXX are prohibited from reporting inaccurate information to credit bureaus. 
Under 1681s-2 ( a ) ( 1 ) ( B ), they must not report disputed information without noting that it is disputed.

By reporting a 180-day delinquency before the deadline to respond to their own loss mitigation letter, M & T Bank likely violated FCRA by furnishing inaccurate, premature credit data. 
2. Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605 & Regulation X ( 12 C.F.R. 1024.41 ) Servicers must not move forward with foreclosure proceedings or negative reporting while a timely loss mitigation application is under review. 
12 CFR 1024.41 ( c ) ( 1 ) ( ii ) requires servicers to allow a borrower to respond before taking adverse action.

12 CFR 1024.41 ( f ) ( 2 ) prohibits negative actions while a complete application is under consideration. 
M & Ts negative reporting while I was within their explicit response period appears to violate these provisions. 
3. CARES Act, Section 4021 ( forbearance reporting protection ) If a borrower was current before a federally declared disaster forbearance, and remains under agreement, the servicer must report the account as current. 
I was in such a program, and the 180-day late report directly violates the CARES Act protections if this was a federally backed mortgage.

4. Dodd-Frank Act UDAAP Protections ( 1031 of Title X ) Unfair, deceptive, or abusive acts or practices ( UDAAP ) include pressuring consumers into unfavorable terms without allowing time to review or negotiate. 
M & Ts delayed delivery of terms, unexplained interest rate increase, and premature reporting constitute potentially abusive servicing behavior under UDAAP. 

Requested Relief : 1. Immediate removal of the 180-day late payment from my Experian credit report ; 2. Cease all negative credit reporting related to this matter while the loss mitigation process is active ; 3. A full investigation into M & Ts loan servicing practices and compliance with FCRA, RESPA, CARES Act, and UDAAP protections ; 4. A written explanation from M & T Bank regarding : Why the delinquency was reported before the XX/XX/year> deadline ; Why the interest rate was increased during a hardship arrangement ; Why my dispute and documentation regarding the lien have not been addressed. 

I am attaching the following documentation to support my complaint : Experian credit report showing the XXXX delinquency ; M & T Bank loss mitigation letter, dated XX/XX/year> ; Proof of receipt on XX/XX/year> ; Proof that there is no lien on my property ; Thank you for your time and assistance. I respectfully request that this matter be thoroughly investigated and rectified as soon as possible to prevent further harm to my credit and financial situation. 

Sincerely, XXXX Attachments : Experian credit report ( with XXXX late mark ) M & T Bank loss mitigation letter ( dated XX/XX/year> ) Proof of receipt on XX/XX/year> Proof of no lien

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