Consumer complaint received 2017-12-03
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: WA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
To whom it may concern, I am at my wits end! I lost my job in XXXX and I was the primary bread winner. I was 30 days late on my house payment and I was close to going 60 days late. I called Bayview Loan Servicing LLC and asked what would happen if I payed a payment even though I was 30 days late? Will it keep considering me 30 days late and he said yes. The gentleman on the phone named told me that I can get approved for an MHA program ( XXXX loan modification ) but that I needed to be 90 days late to be approved and suggested that I go 90 days late after I called the free counselling and got preapproved for the MHA modification with my wifes income. 

So I went 90 days late and then applied for the MHA program. Bayview LS LLC would take roughly 4 months for each cycle of the application. It would take this long because after submitting all documents and finishing filling out the paper work, they would give me one last condition which was for a letter from my home owners insurance. However, I belong in a town home so I have to go through my broker. The broker then said he is not supposed to work with me and is and always has been a lender side condition ( meaning they are supposed to do it, not me ) and I would tell them this and then they would deny my modification after 4+ months for not submitting all conditions even though I always did my part of the conditions. I can not control the portion they do. Then the cycle would keep repeating all the way until the MHA ( making homes affordable program ) program expired AND FINALLY they did their job and did the insurance section, they sent me a notice that my application is complete ( even though MHA had expired ) finally and then they denied me. However, I had had a really good job for over 6 months at that time and I included my income and applied again and they still denied me even though my income made me surely qualify. 

I have a XXXX XXXX and I live near my parents where I also take care of them, I also live near my childrens school. I NEED my home and I called a lawyer who recommended me a WA state mediation program. I got the counselor on a 3 way call and we called Bayview together and the representative at Bayview gave me the best life fulfilling news Ive had in years with my counselors help and approved me for a fantastic loan modification early this past XXXX. I have cut and pasted the notes for proof, below. I was so happy to know Im keeping my house and XXXX gave me a second chance and I invested {$7000.00} in repairs and improvement. I even ordered a new roof. 

Bayviews representative on the phone who guaranteed my newly approved loan modification with my licensed counselor/mediator gave me instructions of exactly what to pay and to pay on XXXX XXXX. I called yesterday right after work with payment information to happily make my first payment. I called in and the lady I spoke to yesterday told me she sees in the notes that my loan mod was approved, but had nothing in the system that was set up for a payment. She assured me and put my on hold. She got back on the phone from hold and then crushed me with news that they said I am still denied! 

Upon hearing the news yesterday after investing so much money and already having a health condition, I literally feinted on the spot! My XXXX has been XXXX and my XXXX wont stop XXXX! My XXXX is literally XXXX! This is not fair and I have been jerked around for over an entire year and a half and the whole reason I am even in this mess is that in XXXX I was recommended to go 90 days late to be put in the loan mod! 

NOTES ( i.e. proof ) from my counselor getting the loan mod approved over the phone and having it guaranteed to me : Hi XXXX, Big congrats! Great job on getting your own loan modification on your own. Privileged to be the one to hear about it with you Attached is the privacy and the action plan consists pretty much of the call notes below. 

Call Notes : Loan # XXXX Bayview XXXX Loan is only in wife XXXX name but XXXX has 3rd party auth on file SPOC assigned to the file XXXX XXXX with Asset Dept XXXX fax XXXX email : and always put loan # & attention XXXX XXXX in subject line XXXXXXXXXXXX Approved for a loan modification sent out on XXXX/XXXX/XXXX start date XXXX for 1st trial payment ( they made it so that no down payment is required the original start date was going to be XXXX/XXXX/XXXX ) Need to check docs to see if signature XXXX will put in request to XXXX XXXX to email the document to XXXX XXXX payments can pay by phone and can speak to anyone but best if given directly to XXXX. No charge for pay by phone fee is waived during TPP Payment is 14 day grace period but must post by XXXX each month. 
Check a couple of days after you make your payments with Bayview and your own bank to be sure that they payment posted to your account and it cleared your bank. 
Pay to the exact penny, not a penny more or less or you could break the contract or throw their accounting off. 

Call and speak with XXXX to review the document once you get it and find out if anything needs to be signed. 

Modification terms : P & I {$1300.00} Taxes {$28000.00} ( {$1600.00} for 6 months ) Insurance {$110.00} Total payment {$1700.00} Escrow shortage of {$280.00} per month and will last until XXXX you can pay in a lump sum but wait until after you have the final executed docs in your hands that have your signature and Bayviews on them. 
Total payment {$2000.00} for the TPP payments Modification is a step interest rate starting out at 3 % and works its way up to 6.45 % fixed. Think he said it goes up by 1 % per year until 5 years when it becomes fixed but it will say on the document. 

UPB {$300000.00} Delinquent {$65000.00} Due for XXXX/XXXX/XXXX Investor Opportunity Funds XXXX XXXX Origination {$340000.00} XXXX/XXXX/XXXX ( didnt get the % or term ) Thank You, XXXX XXXX XXXX XXXX HUD Certified Housing Counselor ID # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Wa. XXXX P XXXX x XXXX F XXXX XXXXXXXXXXXX How to access our services through alternative means : 1 ) XXXX XXXX currently has Housing Counselors who speak the following languages : XXXX, XXXX, XXXX, XXXX and XXXX. If your particular language requirement is not listed we have contracted with a third party vendor to assist you in receiving our services. 
2 ) If we can not accommodate your specific request, or do not offer the type of services requested, we may be able to refer you to another agency and or organization to meet your needs.

Company response to consumer: Closed with explanation