TD Bank Mortgage Complaint

TD Bank Mortgage department,

Conventional adjustable mortgage (ARM) Loan servicing, payments, escrow account Massachusetts

Re : Breach of contract, plying false documentation, material misrepresentation, appending fees outside of the contractTD Bank services a mortgage loan, a contract assumed from a prior originator. The language of that contract is clear and specifies the real calendar date upon which a payment is received ( conveyed ). This definition is affirmed by years of prior TD bank behavior correcting any post-dating of a loan transaction to conform to the terms of the loan contract. This is important because, the terms of the contract can not be abridged or changed by any policy or arbitrary procedure of subsequent service agents. The contract is required by law to be serviced as written for the life of the loan. In the most recent year, TD Bank has repeatedly breached the loan contract by post dating inadequately documented transaction receipts, and altering statement details, for the purpose of quietly appending late fees to the backside of the loan.


received. The loan contract sets action in regard to conveyance on fixed calendar dates and does not provide subsequent service agent the right to alter the contract or redefine dates and/or terms, and assent is affirmed by TD banks prior actions, and those of prior service agents dating back more than a decade. In addition to post dating loan transaction receipts it can also be shown that dates recorded on the statements do not match even non-post dated receipts. Again, the dates are altered to trigger bogus late fees which are quietly appended to the loan. Mortgage loan servicing is bound by the terms of the loan contract - not by variable and arbitrary bank policy changes regarding deposit and checking accounts or other financial services. By failing to properly document and accurately record loan payments, and by applying and appending fees outside of the contract terms and definitions TD bank is in repeated and sustained breach of the loan contract.