Consumer complaint received 2017-02-10
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: TX
Product: Mortgage
Sub-product: VA mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
We purchased a home via a VA Loan ( XXXX ) XX/XX/XXXX. When we closed on the home we paid for XX/XX/XXXX home owners insurance in 1 lump sum payment, paid 75 % of the upcoming estimated county taxes, and then requested/set up a separate a prepaid escrow account that would cover the taxes for the year. We ( us/lender ) agreed my husband and I would cover the principle and the remainder of the payment would be drawn from the escrow account. We set this up specifically due to XXXX of XXXX of our children to ensure we would be able to afford both medical expenses and not have to worry about falling behind. Our mortgage was sold soon after, and we continued to pay what we initially agreed to for the next 3 months, assuming the agreement would carry over. XX/XX/XXXX, our payment was deny ( bill pay ) stating the reason as 'no such account '. The payment was setup after closing and never change. All previous payments were sent and received on that account without issue. I called XXXX and no one was able to tell me what the problem was for 4 days. When I called back to see what was going on. I was told that XXXX would no longer honor the agreed upon payment amount ( even after I sent them the emailed discussion with the lender stating the agreement ) and I needed to make the full payment this month and every month going forward. I made the full payment for XX/XX/XXXX and then requested ( by phone, email, and letter ) that our escrow account be closed and sent back ; since the agreement would not be honored and we could use those funds to help with the payment. XX/XX/XXXX ( full ) payment was received and held by XXXX, but never applied to our loan. XX/XX/XXXX we were notified of the XX/XX/XXXX payment return, stating we owned XX/XX/XXXX-XX/XX/XXXX missing payment amount ( {$500.00} per month x3 = ~ {$1500.00} ) before they would accept any further payments. Well, we have a terminally ill child and had nothing extra due to his medications/expenses. I asked them about the escrow account and if they would draw from there. I was told no and then I was told they never received my escrow account request. Yet, I have the email read receipt. XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX payments were also held for a time and then returned. The problem concatenated before we realized what was happening. XXXX was unwilling to work with us, unwilling to tell me who our lien holder was when asked on 3 separate occasions and when XXXX XXXX taxes came due, they held off on paying them until XX/XX/XXXX. They were due XX/XX/XXXX. I have XXXX delinquent notices with late fees. Payment for the late fees wan never made by XXXX. XXXX enacted Bayview Loan Servicing to assist with collecting payment or hardship assistance. In XXXX, we applied for a loan modification through Bayview as outlined in their letter. XX/XX/XXXX, we received a request for add'l information ( due by XXXX/XXXX/XXXX ). The information requested was sent back by the due date ( emailed using the submittal instructions and email listed on their website ). Yet, today is XX/XX/XXXX, and I have yet hear any response or status update ( no call, no email, no letter ... ). I have n't been able to speak to our correspond with a single person in regards to this matter since applying XX/XX/XXXX. When I call, my name/number are taken. When transferred to voicemail, Im asked for a mailbox number to retrieve my messages. My emails go unanswered. Today, I returned home from my sons XXXX to a foreclosure notice.

Company response to consumer: Closed with explanation