Consumer complaint received 2018-07-23
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My home loan was sold by XXXX to Bayview Loan Servicing on XX/XX/2018. Immediately prior to the sale, I had come out of forbearance due to unemployment. My loan was sold before XXXX took any additional steps to assist me in any sort of modification so it went to Bayview with approximately {$9000.00} showing past due. 

The first week of XXXX, I called Bayview in order to determine what my next steps would/could be considering I had become unemployed again after working a temporary job. I immediately informed the person on the phone ( who couldn't find my account ) that I was still unemployed and struggling with finding a job and therefore, struggling to pay my mortgage. I had trouble finding the hardship application on their site so the representative said one would be mailed to me. 

In the midst of this, I was also in the process of settling a civil issue with my ex-husband through the courts. I did not know if, as part of the resolution, I would have to sell the house or turn it over to him, so I had to wait until this issue was resolved before submitting the application. Mediation occurred on XX/XX/XXXX and was finalized by the judge on XX/XX/XXXX and resulted in no changes being made in the ownership/possession of the home. 

On or about XX/XX/XXXX, I submitted my hardship application to Bayview. I stated in the application that I have no income since I am unemployed. I also wrote the required " Hardship Declaration '' where I provided highlights of the issues which occurred over the past year leading up to me currently unable to pay the mortgage.The same  day, I called to speak with XXXX ( XXXX ) XXXX ( ( XXXX ) whom Bayview has identified as my asset manager. I informed XXXX that I was unemployed ( making this the THIRD notification to Bayview regarding my employment/income status ) and told him that I had sent in my hardship application for review. 

On or about XX/XX/XXXX, I received a call from XXXX whom I believed was calling to notify me of my application status or to discuss the options available to me. However, XXXX calls to tell me " good news '' and that I was approved for a loan modification. He explains that he can not discuss the terms of the modification but tells me what the payment would be during the " trial period ''. The loan modification amount was MORE than my standard payment which I immediately pointed out and, AGAIN, notified XXXX that I was unemployed. I asked XXXX how I was expected to afford the " modified/increased '' payment if I couldn't make the " regular '' payment since I was unemployed. He could not answer the question and said we would discuss it once I received the modification paperwork. I directly asked XXXX how long I would have to make a decision about this and he told me XX/XX/XXXX. 

On XX/XX/XXXX, I received the paperwork from Bayview regarding loan modification. Again, the payment offered was MORE than what I had been paying. The paperwork sent by Bayview also stated I had to respond by XX/XX/XXXX which was different than the XX/XX/XXXX date stated by XXXX. 

On XX/XX/XXXX, I called XXXX to discuss the loan modification paperwork. During the conversation, I was told I had been " pre-approved '' for this loan modification and " income was not a factor in the decision ''. XXXX also stated that this loan modification was SEPARATE from the Hardship Application I submitted. Yet again, I stated to XXXX that I am unemployed and have no income. He continued saying " if I accepted the offer '' how things would work with the modification. I AGAIN asked him how I could pay an increased payment amount when I couldn't afford the CURRENT payment amount. I received no answer other than I needed to speak with XXXX XXXX who could discuss the terms with me because he is licensed in Georgia.. XXXX said he would schedule a phone call with XXXX since XXXX was not in the office that day. Additionally, I questioned XXXX about the " respond by '' date on the paperwork which was different than what I was told by XXXX. I could not get a straight answer out of him so I continued to question him. Because of this I was basically told I was being argumentative. 

On XX/XX/XXXX I received a call from XXXX XXXX regarding the loan modification. I immediately told him that I was unemployed so there was really no reason for him to explain the terms of the modification because I did not have the money to pay the first payment and the only other option they ( Bayview ) say I have is to hand the house over to them. XXXX was confused as to why I was being considered for loan modification and if I had notified my asset manager ( XXXX ) of this. I emphatically told him I had notified XXXX multiple times and it was explained in detail on my hardship application. With that, he said he would get back with XXXX and either he or XXXX would call me back. I also said the same thing to XXXX about how I was supposed to afford the modified payment if I couldn't afford the regular payment. He then asked what my payment had been ... ... HE HAD A COMPLETELY DIFFERENT AMOUNT. So now there are THREE payment amounts being thrown around and none of them match. At this point, I have now been waiting over two weeks for that return call from XXXX/XXXX. 

Amazingly that same day, I received a letter from Bayview dated XX/XX/XXXX. XX/XX/XXXX was the last date I spoke to XXXX and notified him that I had submitted my hardship application. It went on to state that the Modification Trial period I was approved for offered " the best available terms ''. Considering I reported ABSOLUTELY NO INCOME, either a ) my application was not even looked at or, b ) this company started the loan modification process to prevent me from " qualifying '' for any other type of assistance. 

I called again on XX/XX/XXXX to speak to XXXX and got his voicemail. I left him a terse message stating I was told there would be a call back and I haven't received one and that I'm trying to figure out what's going on. 

The ONLY options for resolution this company has offered are the loan modification or surrender of the property back to them. However, I KNOW there are other options yet those options are not being offered, excuse me, or even being DISCUSSED with me. I find it WAY too coincidental that a loan modification was suddenly offered to me after I informed Bayview I sent in my hardship application. It is also WAY too coincidental that on XX/XX/XXXX, THE SAME DAY I SPOKE WITH XXXX, a letter went out denying my hardship application. 

I feel my efforts to save my home and addressed the outstanding balance are being purposefully blocked by XXXX/Bayview. I find it strange that I would be approved for a loan modification disclosing that I had no income, whether it was done " automatically by the system '' or not. It is exceedingly strange that my hardship application is DENIED the same day I talk to XXXX, questioning the whole situation with the loan modification. I'm wondering why he never mentioned that my application had been denied ... ... obviously he would have known. There is something not right going on with this company and they appear to be blocking my efforts to obtain assistance by trying to tell me I only have the two options of doing a loan modification or surrender the home. This leads them into a situation of forcing foreclosure while, at the same time, trying to show that they had tried " working with me ''. I know this isn't correct but no one I speak with seems to know their head from their XXXX XXXX  . Seriously. 

I am interested to know if this company has had similar reports of this type of thing and if how they are shuffling me around is legal.

Company response to consumer: Closed with explanation