Consumer complaint received 2020-03-03
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: IL
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Complaint is Against : Bayview Loan Servicing , LLC. aka BLS XXXX XXXX XXXX XXXXXXXX XXXX. XXXX XXXX XXXX XXXXXXXX, Florida XXXX XXXX Assigned Bayview Representative : Mr. XXXX XXXX. 


Dear CFB Advocate, Timing is critical please-Urgent Action Needed : Due to underemployment and unemployment over the years, I needed to file for bankruptcy 5 years ago. I had a loan with XXXX for over 10 years and held no escrow. 
I do not know where else to turn and believe what is being done is predatory, poor business ethics and illegal. 

I have all paperwork, letters, dates of calls, etc and an email chain below which all went unanswered however some were acknowledged by phone with no solution with sketchy interest. The assigned representative treats me like a typical bill collector and can not be trusted to assist as proven by the evidence. I can no longer return his calls as it's very stressful and upsetting using sketchy verbal conversation with no resolve coupled with some mixed condescension and sarcasm. However the email chain below are the dates and facts confirming our conversations and my concerns and I will attach documentation needed to resolve this. 

Thank you!!! 
XXXX from Illinois Here are the facts : -- -Bankruptcy was awarded and included the mortgage owed to XXXX. I continued to pay the mortgage loan to XXXX and paid out of pocket, the property taxes and insurance on time. 

-- -Mortgage Loan was sold to Bayview by XXXX as I missed one month ( XX/XX/XXXX ) of payments during the course of 10+ years after my unemployment ran out. XXXX sold my loan while processing a loan modification with them and was without an answer. 

-- XXXX XXXX Bayview Loan Servicing LLC. , a debt collector, took ownership of the mortgage. 

-- -Conflicting letter ( s ) received and inclusive of : Demand for Payment, ability to seize a bank account and a Bankruptcy Clause all in one! 

-- -Certified Letter of 'Notice of Default and Intent to Accelerate ' as I was then missing 3 mortgage payments to include the XX/XX/XXXX payment. This I understood, I did owe the money. I was able to get caught up with my payments to Bayview since XX/XX/XXXX. 

-- -Additional fees assessed since they took over my mortgage. 

-- -Escrow placed on the mortgage without my knowledge -- -Received the verbal 'recorded line ' statement by my assigned representative that I didn't pay my property taxes or insurance in XXXX according to their records. 
Not true, they were on time and in full! 

-- -Obtained proof of payment of the XXXX property taxes and insurance the very next day after I was told of this. Emailed the documentation of 'on time ' payments to the County of Taxation and to XXXX XXXX XXXX. Never late ever. 

-- -Amount due is based upon new charges, a demanded payment plan for an amount of arrearage not owed of which the inaccurate information after proof provided was not corrected by Bayview Loan Servicing , LLC . 

-- -Letters to eliminate forced escrow without my knowledge, received by me but not done. Still being billed as if in arrearage on this pseudo payment plan that I never agreed to. 

-- -Bayview will not email me back to answer my inquiries as indicated below. Calls are via a recorded line by Bayview. 

-- -Letters to eliminate forced escrow without my knowledge, received by me but not done. Still being billed as if in arrearage on this pseudo payment plan that I never agreed to. 

-- -Assigned representative does nothing to assist and has been condescending and sarcastic with no proven focus to fix this problem by defending Bayview in it's entirety or telling me there is nothing he can do, per se. 

-- -Mortgage money paid is now held in suspense due to this error 'creating ' an arrearage. 

-- -Strange fees appeared on the invoices example : 'Corporate Advance Balance ' fee -- -More than one month after escrow elimination, they contacted my insurance company, put their name on the paperwork and paid the renewal for the year XXXX, without my knowledge. I found this out when I couldn't find my online account with XXXX  that was set up by me for the past couple of years. 

-- -Being proactive and not wanting to wait for Bayview to resolve this ... I tried but have been unsuccessful in getting the insurance money back to Bayview. The payment was sent in XX/XX/XXXX, almost 2 months after they were to suspend the forced escrow and correct the records. 

-- -Today is XX/XX/XXXX. Within the past 5 business days, I received 4 letters. 1 via certified mail.

- Two of these letters are demanding payment with 'Notice of Default and Intent to Accelerate ' stating that it is a formal demand to pay BEFORE XX/XX/XXXX or they will take steps to terminate my ownership in the property by a foreclosure proceeding or other action to seize the property while placing further costs on me to pay for the lawyer/court fees, etc. involved in doing so. 

Please be mindful, if their records were corrected as promised, I would be current in XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and presently today ; XX/XX/XXXX. 

Below is the email documentation, before and after, each Bayview recorded phone call and the financial concerns pleading with them to correct their records and relaying the proof they needed to do so.

I eliminated personal information about myself, my loan and the Bayview representative as indicated in your instructions.

Thank you. 
XXXX These emails begin with the latest on XXXX XXXX and end with the first in the email tree. 
No responses were returned by email. 

-- -- -- -- -- -- -- -- -- -- -- -E-MAIL DOCUMENTATION BELOW -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :XXXX Cc :XXXX ; XXXX Subject : XXXX_Bayview Loan # XXXX XXXX payment scheduled Importance : High Dear XXXX, This email is to let you know I paid the XX/XX/XXXX mortgage amount via phone today, XXXX XXXX. 
As of this payment, I am fully caught up and current with my mortgage loan. 

Also, the XXXX payment was not applied correctly however I received a letter stating a corrected invoice will be sent however I had not yet received it. 

Hope you had a nice XXXX  and Happy XXXX XXXX! 

XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :XXXX Cc :XXXX ; XXXX Subject : XXXX_Loan # Good Morning XXXX! 

I received your voice messages on Monday and Tuesday asking for me to call you back and will return them when I am able. 

You have my permission to leave a message on my answering machine for me to receive it when I am home. 
Please leave a detailed message with question or comment, so I can answer you via email, in the meantime. 

I received the payment plan paperwork you overnighted however the figures are incorrect and still needs to be revised. When we spoke about it last week, you told me the system would not let you do so however there must be a way for it to be corrected. I can not sign an inaccurate document of this nature. Also, I have read and am mindful of the Bayview legal and binding terms written. 

Received a statement in the mail last night and I noticed the actual payment due is incorrect as well. 
I fully paid the mortgage amount that was due from XXXX XX/XX/XXXX, plus Bayview applied fees and the money was not applied correctly. 

As my assigned Bayview representative XXXXXXXX, can you please make sure this is corrected with your accounting department? 
We both know it is very important to have the Bayview records corrected right away. 

I plan to make all mortgage payments on time and in full each month, as is accurate. 

XXXX, thank you in advance and I look toward working with you to reaffirm and refi as soon as is possible in XXXX! 

Respectfully, XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX To XXXX   Cc :XXXX, XXXX Subject : Trying to make an online payment ... XXXX Importance : High Dear XXXX, Are you getting my emails? I have not gotten any responses. 

I am trying to make a payment via your website however the site will not allow me to. 
It keeps saying to call you specifically. 

If Im unable to reach you by XXXX, XXXX I will have to authorize a bank check but I wanted to get the payment to you right away as promised. 

Please advise as soon as you can and provide answers to the questions below via email. 

Thanks, XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX To :@XXXX Cc :@XXXX Subject : Promised Payment Info ... XXXX Sorry  XXXX, Meant to tell you in the e-mail below sent earlier today I set up a new Bayview dedicated bank account from which you will receive my monthly mortgage payments however the money you should have gotten on Friday had not yet transferred to the new account set up earlier last week. I apologize for not allowing the transfer timing to be built into the date I gave below. 

With a bank transfer, I thought the funds would be available immediately however after not seeing it deposited though debited, it apparently takes the bank up to 3 business days to post. 

With this in mind, I will pay the promised amount promptly as the funds become available ; either today or tomorrow eod. 

Will keep you posted when paid since I noticed the Bayview payment center is in XXXX, TX instead of XXXX XXXX, Florida ; where you are located. 

Thanks and Take care XXXX! 

XXXX Loan # -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To XXXX@XXXX Cc :@XXXX Subject : FW : REVISION : XXXX_Loan # Hello XXXX, I received your phone message last week and received the letter from Bayview that the escrow account, recently placed on my mortgage by Bayview, would not be cancelled as I had requested.

( The escrow account placed on my mortgage, was unknown and unauthorized by me and I remain opposed to it. ) What was not noted on the letter, was the reason Bayview rejected my request for escrow cancellation, would you please obtain the exact reason why it was opened and the reason why my request to cancel was rejected?

Can you also send me the exact reason ( s ) why my hardship request for a loan modification in the form of an extended loan term, lower interest rate or forbearance was rejected? 
( Note : Modification paperwork was filed prior to the loan transfer from XXXX to Bayview ) Am I still required to cc :@XXXX when no documents are being submitted? 

Thanks XXXX, I look forward to your written response. 
Have a pleasant day! 

Respectfully, XXXX Loan # -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX  Sent : XX/XX/XXXX XXXX XXXX   To :XXXX Cc :XXXX Subject : REVISION : XXXX_Loan # RE : Bayview Loan # Property Owner : XXXX Property Address : Dear XXXX, Hope you had a great XXXX! 

Im writing to let you know about a slight revision, highlighted in yellow below, regarding upcoming payments to Bayview. 

A bank check for {$2600.00} will arrive at the Bayview payment-processing center by XX/XX/XXXX. 
This will cover the XXXX, XXXX, XXXX and XXXX XXXX-mortgage balance in full. 

The XX/XX/XXXX mortgage payment will follow as a separate payment. 

Im glad you called me to confirm receiving the proof of on time and up to date payments covering my XXXX home insurance and property taxes. 

Thanks XXXX! 

XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :XXXX Cc  :XXXX ; XXXX Subject : XXXX_Loan # RE : Bayview Loan #  Property Owner : XXXX Property Address : Illinois Good Afternoon XXXX, I had not yet received a response concerning the original email below, sent last Friday afternoon ; proving I had paid property taxes and insurance premiums for the XX/XX/XXXX year. 
Tried reaching out to you today and was unable to book a phone appointment for this week and my option was only to leave you a voice message. As I indicated, Im prepared to issue a check for the XXXX arrearage amount, in its entirety. 

My figures are indeed correct as follows. 

XXXX, XXXX, XXXX, XX/XX/XXXX at {$670.00} per month for a grand total of = {$2600.00} XX/XX/XXXX will be paid at the regular mortgage amount of {$670.00} since escrow does not take effect until XX/XX/XXXX {$2600.00} ( XX/XX/XXXX-XX/XX/XXXX ) + XXXX ( XX/XX/XXXX ) {$3300.00} total due to get mortgage account current With this correct recalculation of what is owed, Bayview will receive a payment of {$3300.00} before XX/XX/XXXX. 

Moving forward into XX/XX/XXXX, Bayview without my knowledge, opened an escrow account on my mortgage to begin in XX/XX/XXXX. 
With that determination, my future XXXX payments would now be in the sum of {$1000.00} ( XXXX + XXXX property tax + XXXX insurance ) On Friday XXXX XXXX, XXXX, you verbally indicated that your e-mails are scripted so you can not respond. 
Since you can not respond via email, can another mortgage loan representative or supervisor partner with you, who has that capability? 

There has to be a better communication avenue for efficient handling of accounts that is confirmed in writing vs. a phone call or costly snail mail. 

Thank you and Best Regards XXXX! 

XXXX Bayview Loan # -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :@XXXX Cc :XXXX ; XXXX Subject : XXXX XXXX_Loan # RE : Bayview Loan #  Property Owner : XXXX Property Address : Illinois Dear XXXX & the Loss Mitigation Team, As promised today, Im providing you with attached proof of property taxes fully paid on time concerning the property location listed above. 

XXXX, thank you for reaching out to me today regarding the loan amount arrearage ; and what my options can be and are, at present. 
To confirm our telephone conversation this morning, I want to recap I writing on what my understanding is from what we discussed. 

HARDSHIP : The hardship as I mentioned has been the exhaustion of my unemployment benefits in mid-XX/XX/XXXX and current unemployment status. 
MORTGAGE/TAX/INSURANCE STATUS : My mortgage payment on this property including non-escrowed insurance and property taxes has never ever been paid late in more than 20 years. 

XXXX, you stated that you were not aware that my property taxes and property insurance were in fact, paid on time and both are current as of the date of this email and that you required proof which was provided today. 
With this in mind the stated monthly loan amount, per our phone call today, has to be inaccurate ; needing to be revisited. 

Since there had been no arrearage of property tax and insurance, the amount you gave me by phone this morning of {$1500.00} per month beginning XX/XX/XXXX XX/XX/XXXX and XX/XX/XXXX payments moving forward of {$1100.00}, inaccurate and needing recalculation so I can pay Bayview the proper amount moving forward. 

Once the recalculation is complete please o Reevaluate the monthly payment amount for an easier payment plan that I can manage. 
o Generate a new billing statement in writing and send it to me by mail as soon as humanly possible. 
o In the interim, feel free to email me a copy of the statement with enough time to pay XXXX bill, on time. 
o XXXX both e-mailed and faxed you and the Loss Mitigation department, proof of insurance for the property, proving payments were made on time and is currently active, as promised. 

Until today : I had no written or spoken knowledge of Bayviews intention and subsequent action to change my non-escrow status to an escrow account. 
Until today : I had no written or spoken knowledge of my Loan Modification Application being denied by Bayview. 
Until today : I had no knowledge of being put on a Waterfall repayment plan or exactly what it entails. 
o Thank you XXXX for approving the Waterfall repayment option but I need an easier payment plan. 
o I understand why the Loan Modification was not approved however once I have gainful employment, I will reapply. 
o As we discussed, I plan to keep ownership of the property. 
o I asked about a Forbearance and you educated me about that option by telling me I would need proof of having a job and the income to pay the balance after the reduction of payments. 
I thought that the payments due are put on hold, accumulates over a 3-6 month period at which time, the entire accumulated balance is due. 

I am greatly concerned that the mortgage amount is more than our household income. You said other people find a way. That may be so XXXX  ; however it can not be the case for all. 
My concern of using non-fluid food stamp allowance is not what I can use for a payment other than food as I stated this morning. 
o Would you please reconsider the amount due each month? 
o What happens when the food stamp money is reduced or food stamp payment ends? 

Contact me to confirm the above, answer my questions and let me know when I can receive a new repayment arrangement. 
Thank you for the work you put as my representative. I appreciate your assistance and look forward to working with you moving forward. 

Respectfully, XXXX Regarding Loan # Illinois

Company response to consumer: Closed with explanation