Consumer complaint received 2020-04-14
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
ATTENTION XXXX XXXX XXXX XXXX : EVENTHOUGH BAYVIEW LOAN SERVICING , LLC WAS THE ORIGINATING SERVICERS IN XXXX WHEN THIS LOAN/MORTGAGE WAS CREATED, THE COMPANY ( BAYVIEW ) IS TOUTING THAT THEY SOLD YOU [ XXXX XXXX XXXX XXXX ] THE MORTGAGE IN XXXX. ( SEE BAYVIEW ATTACHED COPY ). AND WANTS TO ELIMINATE THEMSELVES FROM THE WRONGFUL ACTS THAT THEY CARRIED OUT IN ( XXXX AND XXXX ) BECAUSE THEY STATED THAT YOU WERE SOLD THE LOAN IN ( XXXX ). ( SEE ALL INFORMATION IN THIS COMPLAINT ). SO I AM SENDING YOUR COMPANY [ XXXX XXXX XXXX ] THE COMPLAINT ( WHICH I THOUGHT THE CFPB SENT YOU ALREADY ). 
The below information explains in further detail of what was requested of ( Bayview Loan Servicing , LLC ) in the previous complaint that was not remotely or respectively answered. Amongst many other questions that should have been answered and Corrections that should ( should have ) been made. See CFPB # XXXX. 
In XXXX while originating our loan application, you, Bayview Loan Servicing , LLC Circumvented the Florida Law reference A Borrower and A Married Borrower in the State of Florida. Which forms a [ Tenancy by the Entireties ] which treats the husband and wife as a unit. In the State of Florida, a

ny Real Property or Personal Property held by husband and wife as ( tenants by the entireties ) belongs to neither spouse individually, but rather each spouse owns the whole property. And both signatures are required for any change in document terms ( i.e. Loan Modification Agreements ). You ( Bayview Loan Servicing ) made my husband ( the Sole loan borrower ) on the
loan application of your own volition, instead of the both of us on the application form. Which there should not have been any reason we couldnt qualify together. But even so, because we are a married unit, the Florida Law did not call for your company to dictate Spousal Rights ( in favor of my husband ) over our Real Property. ( i.e. telling me I need permission to discuss my real property with you ( Bayview ) or/and ( XXXX XXXX XXXX XXXX  ) or any other entity ( i.e. CFPB ). 
It was Reckless, and Manipulative to further circumvent the Florida Law to create your own rules to [ exploit Rights of Power to discuss any business regarding our real property to my husband ] and simultaneously created a wall shielding the Spousal ( WIFE ) from being able to ( Call Your Servicing Company/ XXXX XXXX XXXX XXXX XXXX ) to discuss any business matters in reference to our investment property. 
That was, and still is a Reckless, Destructive Act that could cause Severe Problems regarding property asset distribution between a Husband and Wife in this State. But ultimately, you ( Bayview Loan Servicing , LLC ) broke the Florida Law regarding Spousal Property Ownership by ( thru loan years ) have continuously invalidated my position as a ( titled married owner of our Real Property ). 

RESPONSE TO BAYVIEW LOAN SERVICING STATMENT # 1 Answer Per you ( Bayview Loans Servicing, LLC ) Tout of me being unauthorized to receive/request information reference my own property. You ( Bayview Loan Servicing , LLC ) broke the Florida Law between Married Property Owners. As stated in the above paragraphs, it is Destructive and Reckless for you, Bayview Loan Servicing , LLC ) to have Circumvented the Florida Law ( during the application process ) to benefit your application needs. 
The decision regarding the form of ownership of an asset is Critically Important, especially in the State of Florida. So this Act of exploiting Sole Rights of Power to my Husband [ in the State of Florida ] can cause extreme detriment in regards to spousal laws relating to real property, etc. 

# 2 Answer In reference to ( Bayview Loan Servicing ) stating they transferred our loan to ( XXXX XXXX XXXX XXXX  ). The main area of this complaint surrounds the ( Modification Agreement ) Originated by you ( Bayview Loan Servicing , LLC ) in XXXX for processing a contract agreement consisting of [ One married partys signature [ my husband ] and did not contain the ( other married Partys signature ) the ( spousal wife ), which makes the Modification Agreement unenforceable. ( Invalid ). 
There were changes made to the existing contract by extending the terms of the Maturity Date to ( XX/XX/XXXX ). I the ( other owner/spouse ) did not agree to these terms ( neither was my signature on the Modification Agreement ). I am requesting the [ Maturity Date is Corrected ) according to the Original Promissory Note to ( XX/XX/XXXX XXXX. 
Also, there is a ( XXXX letter from XXXX XXXX XXXX XXXX  attached ) that states from XXXX XXXX XXXX   that they were servicing our Loan ( at that time ) on behalf of Bayview of Loan Servicing, [ WHO IS ACTUALLY THE MASTER SERVICER ]. ( see attached letter ) Note/Attachments : A letter from XXXX XXXX XXXX XXXX  is attached regarding authorization of ( the spousal wife ) discussing our Investment Real Property. Which is against Florida Law for ( Bayview Loan Servicing , LLC ) to exercise and expedite those Financial Rules, and to other Mortgage Companies/Servicers, etc. that Bayview conducts business with. 
Also, a copy of the ( Invalid Modification Loan Agreement ( with the signature of one Party ). Which I also sent with previous complaint to Bayview. 
There is approximately ( 5 ) already other uploaded documents regarding this complaint under CFPB # XXXX. 
See the ( UNSUBSTANTIAL ] uploaded response from Bayview Loan Servicing , LLC to this and previous complaint alike. 

Affiliated Companies/Financial Institutions : Bayview Loan Servicing , LLC Customer Support Department XXXX XXXX XXXX  XXXX XXXX, XXXX XXXX  XXXX XXXX, FL XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX XXXX : XXXX XXXX. XXXX XXXX XXXX XXXX XXXX  XXXX. XXXX  XXXX XXXX, NY XXXX XXXX XXXX XXXX XXXX   +++++++++++++++++++++++++++++++++++++++++++++++++++ WHAT CAN FIX THE PROBLEM In reference to ( Bayview Loan Servicing ) stating they transferred our loan to ( M & T Mortgage ). The main area of this complaint surrounds the ( Modification Agreement ) Originated by you ( Bayview Loan Servicing , LLC ) in XXXX for processing a contract agreement consisting of [ One married partys signature [ my husband ] and did not contain the ( other married Partys signature ) the ( spousal wife ), which makes the Modification Agreement unenforceable. ( Invalid ). 
There were changes made to the existing contract by extending the terms of the Maturity Date to ( XX/XX/XXXX ). I the ( other owner/spouse ) did not agree to these terms ( neither was my signature on the Modification Agreement ). I am requesting the [ Maturity Date is Corrected ) according to the Original Promissory Note to ( XX/XX/XXXX XXXX. 
A copy of this particular Complaint and ( Modification Loan Agreement ) sent to XXXX XXXX XXXX XXXX  so that they can see that the [ Modified Terms of the Loan ] that was supposedly transferred to them is unenforceable and ( invalid ).

Company response to consumer: Closed with explanation