Consumer complaint received 2021-06-28
Company: BSI Financial Holdings, Inc.
State: TX
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Struggling to pay mortgage

Complaint:
ID FOR COMPLAINT SENT TO BSI FINANCIAL SERVICES XXXX CFPB, CARES, CDC, etc. Federal and State Violations and Illegal Actions since XX/XX/XXXX to XX/XX/XXXX by mortgage transferees, BSI Financial Services ( Servicer ) and XXXX XXXX XXXX  XXXX XXXX XXXX as Trustee of the XXXX XXXX XXXX XXXX ( Noteholder ), along with their shared Legal Department Staff with Attorney XXXX XXXX and Attorney XXXX XXXX : First, both my son and I are XXXX, but I became XXXX during the Covid-19 Pandemic in the Fall XXXX. We are Protected XXXX Homeowners and Covered Persons residing for 15 years as Occupied Homeowners on our Real Property and Land decades before the XXXX mortgage transfer to the transferee, BSI Financial Services ( Servicer ) and XXXX XXXX XXXX  XXXX XXXX XXXX as Trustee of the XXXX XXXX XXXX XXXX ( Noteholder ) and their Legal Department Staff overseen by Attorney XXXX XXXX and Attorney XXXX XXXX. 

Second, during the Covid-19 Pandemic from XXXX, BSI Financial Services ( Servicer ) and XXXX XXXX XXXX  XXXX XXXX XXXX as Trustee of the XXXX XXXX XXXX XXXX XXXX Noteholder ) Attorney XXXX XXXX and Attorney XXXX XXXX ignored and violated on XX/XX/XXXX, signed by the U. S. XXXX District Courts Judge XXXX XXXX on XX/XX/XXXX, the CFPB, CARES, CDC, etc. Federal, State, and County laws that began during the shelter-in-place period on the XX/XX/XXXX with the Foreclosures and Evictions Moratoriums ( Remains in effect until after XX/XX/XXXX or longer, extended for those in Forbearance up to a maximum of 18 months ) which stated for Servicers and Lenders to not initiate any judicial or non-judicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure eviction or foreclosure sale for not less than the 60-day period beginning on XX/XX/XXXX, in which the Foreclosures and Evictions Moratorium for Homeowners has been extended multiple times that was supposed to have a deadline on XX/XX/XXXX in order to receive a Loss Mitigation Forbearance ( Upon receiving a request for forbearancethe servicer shall ( WILL ) with no additional documentation required other than attestation to a financial hardship caused by the COVID-19 emergencyprovide the forbearance for up to 180 days additional periods of up to 180 days ), but was extended again to XX/XX/XXXX. 

After receiving in the mail numerous Loss Mitigation Applications, on XX/XX/XXXX, BSI Financial Services Loss Mitigation Specialist XXXX XXXX freely offered to me by phone a Loss Mitigation Packet, which was emailed to me while we were on the phone. Prior to receiving it in my email, I had expressed to him my reservations, because in XXXX, their Legal Department overseen by Attorney XXXX XXXX and Attorney XXXX XXXX confiscated my entire completed private Loss Mitigation packet before it could be seen and processed by the Loss Mitigation Specialist, XXXX XXXX, but the Loss Mitigation Specialist XXXX XXXX reassured me by stating that it would not be the same this time in XXXX as it was in XXXX because this time " It's Covid '', which provided to me the reassurance and I immediately completed, signed, and emailed back to him only my Loss Mitigation Application with my Hardship " Forbearance '' Letter and the other required documents even though those additional documents were not required to be submitted at that time due to CARES. My 180 days plus 2 additional 180 days ( 540 days ) of 18 months Forbearance offered by Mr. XXXX immediately went into effect, and everything remained normal without my completed private Loss Mitigation packet and documents being confiscated until XX/XX/XXXX when the Legal Department of XXXX XXXX and XXXX XXXX confiscated my entire completed private Loss Mitigation packet again as they did in XXXX, but this time I was informed by Attorney XXXX XXXX and other attorneys and the CFPB that my 180 days ( with additional 180 days ) Loss Mitigation Forbearance remains in effect until I extend another 180 days and then extend for another 180 days for to 18 months ( XX/XX/XXXX XXXX when I can do a Loss Mitigation Post-Forbearance Modification. At least, during my Loss Mitigation Forbearance, I can finally freely submit payments without my money being placed into a suspense/bucket account and never returned as has occurred since the arrival in XXXX of the transferees, BSI Financial Services ( Servicer ) and XXXX XXXX XXXX XXXX XXXX XXXX as Trustee of the XXXX XXXX XXXX XXXX ( Noteholder ) along with their shared Legal Department Staff with Attorney XXXX XXXX and Attorney XXXX XXXX. 

Even though I am a Protected XXXX Covered Person in a Loss Mitigation Forbearance completed before the current XX/XX/XXXX Forbearance deadline along with the current XX/XX/XXXX Foreclosures and Evictions Moratoriums, and even though there was not a foreclosure date scheduled and foreclosure notices mailed to me with a scheduled foreclosure date that is required by Pre-Covid-19 laws and the Present-Covid-19 laws, and even though the XXXX Covid-19 Pandemic laws under the " Moratorium on Foreclosures and Evictions '' states the " extension to the moratorium on foreclosure through XX/XX/XXXX ... the moratorium applies to the initiation of foreclosures and to foreclosures in process ... evictions of persons from properties subject to Section 184 or 184A ... are also suspended through XX/XX/XXXX '' extended as of the week of XX/XX/XXXX to XX/XX/XXXX, without any warning, while still under the protection of a BSI Financial Services Loss Mitigation Forbearance Protection along with being a Protected Covered Persons with submitted XXXX XXXX XXXX XXXX XXXX and CDC Eviction Protection Declarations, on the morning of XX/XX/XXXX, my son and I ( both homeowners ) were awaken referencing a Civil no-date scheduled foreclosure by U. S. Marshals banging on our door and then forcing our door open despite the federally mandated pandemic protection laws, without a writ or warrant or scheduled foreclosure sale date or foreclosure sale confirmation with purchaser, even though I continued stating through the closed door that " I am the homeowner in a Loss Mitigation Forbearance prior to the XX/XX/XXXX deadlineI am protected by the CDC Eviction Protections ... There is a Foreclosures and Evictions Moratorium ... I am the homeowner ... There is no foreclosure sale scheduled ... etc. ", but they along with a Property Management Office Manager, Mr. XXXX, hired by the Servicer and Noteholder 's Attorneys, XXXX XXXX and XXXX XXXX, still forcefully entered my home anyway upon which the Head U. S. Marshal realized that my son and I were actually the homeowners after he spoke to Attorney XXXX XXXX, who had already reassured me in XX/XX/XXXX that everything was fine, Attorney XXXX confirmed to the Head XXXX XXXX XXXX what I had already stated to them prior to their illegal pre-foreclosure forceful entry into my Homeowners Occupied property, which was erroneously omitted from the mid-XXXX XXXX Civil Foreclosure Notices mailed to me by XXXX and XXXX and on XXXX, the Civil Notices had erroneously attached an unknown someone elses non-civil notice. 

We waited in my home for nearly 3 hours for Attorney XXXX XXXX to emphasize mandates, moratoriums, and dates by the CFPB, CARES, CDC, etc. or file an Emergency Stay or Restraining Order or contact Judge XXXX XXXX XXXX or anything, but he did nothing, and we felt helpless as protected homeowners and covered persons as we were forced to continue gathering only our essentials with the Head U. S. Marshal reassuring me that none of my furniture, belongings, or anything else in our home would be confiscated by anyone while we watched our locks pre-foreclosure illegally changed by the locksmith of Property Manager, Mr. XXXX, of a Property Management Company hired by BSI Financial Services ( Servicer ) and XXXX XXXX XXXX  XXXX XXXX XXXX as Trustee of the XXXX XXXX XXXX XXXX ( Noteholder ) Attorney XXXX and Attorney XXXX ; and, while still in my gown ; we were forced to illegally vacate ( " illegally ejected '' ) the inside of our own house as homeowners while being able to remain on our " Real Property and Land '' even though the laws, pre-pandemic and during pandemic, specifically states that homeowners, before completion of civil foreclosure auction process, can not be illegally vacated from, illegally ejected, from the inside of their house and are able to stay inside their house, especially during an accepted 180 days Loss Mitigation Forbearance ( that I am in as of early XX/XX/XXXX and weeks before XX/XX/XXXX deadline, which is now weeks before the XX/XX/XXXX deadline, as covered protected person ), prior to any foreclosure sale date and notice, during the XX/XX/XXXX to XX/XX/XXXX foreclosures and evictions moratorium, etc. ; even renters are included in said protection too. We have continued to remain on our " Real Property and Land '', and must immediately return to the inside of our house that we continue to own and hold, which remains in effect to us, all Real Property interests, liens, claims, etc. as confirmed in XXXX and XXXX 's " Order of Sale '' ( page 4 ). On XX/XX/XXXX, the Head U. S. Marshal explained to me that there was nothing he could do at that point, except follow XXXX and XXXX 's " Order of Sale '' ( XXXX XXXX XXXX  XXXX XXXX XXXX as Trustee of the XXXX XXXX XXXX XXXX, Noteholder ) that the U. S. XXXX District Court Judge XXXX XXXX signed on XX/XX/XXXX. I have been in Loss Mitigation Forbearance with BSI Financial Services ( Servicer ) since early XX/XX/XXXX ; and, Attorney XXXX XXXX and Attorney XXXX XXXX filed a XXXX Copy of an old Rental Eviction Order of Sale in which they inserted confusing an illegal foreclosure step within 2 purchaser paragraphs meant for post-foreclosure purchasers writ order. 

We have continued to remain on our Real Property land since we are Protected XXXX Occupied Homeowners and Covered Persons with ownership, interests, claim, etc. to our property. Then, we realized that we could proceed to obtain a restraint or stay due to the Covid-19 Pandemic laws, moratoriums, and extended deadlines since the Legal Department of my Servicer, BSI Financial Services, along with my Noteholder, XXXX XXXX XXXX  XXXX XXXX XXXX as Trustee of the XXXX XXXX XXXX XXXX, are aware of the Covid-19 Pandemic, CARES, CFPD, and CDC laws of the foreclosures and evictions moratorium current deadlines along with my effective early XX/XX/XXXX current 180 days Loss Mitigation Forbearance as they proceeded to still initiate an illegal foreclosure process with an illegal vacate/ejectment of us Protected Occupied Homeowners and Covered Persons before posting any foreclosure sales date, sending out foreclosure sale notices, and so-on. Early this week of XX/XX/XXXX, I filed a Temporary Restraining Order with the County, but my exhibits and my TRO-TI-PI showing the numerous pre-Covid-19 Pandemic and Covid-19 Pandemic violations committed by my Servicer using the Noteholder were not viewed or read or listened to, but the vocalized omissions, lies, and erroneous information stated by Attorney XXXX and Attorney XXXX, shared Legal Counsels of both BSI Financial Services ( Servicer ) and XXXX XXXX XXXX  XXXX XXXX XXXX as Trustee of the XXXX XXXX XXXX XXXX ( Noteholder ), were listened to and accepted with ease, and I was told to file with a different court with a different Plaintiff and Defendant civil case that was terminated and closed early XX/XX/XXXX, which meant my filing a completely separate new case. 

I have been concern how the courts have ignored the CARES laws and deadlines, CDC laws and deadlines, CFPB laws, regulations, and deadlines, especially the XXXX Covid-19 Pandemic laws, moratoriums, and deadlines, even though a person is in a Loss Mitigation Forbearance. On XX/XX/XXXX, I contacted the CFPB and was informed that the Foreclosures and Evictions Moratoriums were extended to XX/XX/XXXX, which is posted on the CFPB and other websites. Then, I contacted someone and ask if the federal judges, federal courts, and other federal law enforcement and other authorities must follow the federal laws, deadlines, and regulations and was told Yes. Federal courts and other government authorities must follow the federal laws, deadlines, and regulations of the CFPB, CDC, Cares, President, Congress, etc. and order the lenders and servicers to follow those laws, deadlines, and regulations mandated by the government. BSI Financial Services ( Servicer ) and XXXX XXXX XXXX  XXXX XXXX XXXX as Trustee of the XXXX XXXX XXXX XXXX ( Noteholder ) through their shared Legal Department that includes their Attorneys XXXX XXXX and XXXX XXXX must follow the federal laws, deadlines, and regulations of the CFPB, CDC, Cares, President, Congress, etc. that protects homeowners, successors-in-interest, and others, and they must not be allowed to permit their Legal Department Staff to illegally vacate Protected Occupied Homeowners and Covered Persons properties pre-foreclosure sale, use Civil Federal and State Courts with their own assigned law enforcement entities ( marshals for Civil Federal and sheriffs and constables for Civil State ) to commit pre-foreclosure sale forced illegal vacates/ejectments of occupied properties, threaten homeowners to not contact or call to communicate with servicers, threaten servicers to not contact or call to communicate with homeowners, confiscate completed private Loss Mitigation packets and other submitted documents as a means to try to thwart the loss mitigation process and trying to stop an already accepted and in effect Loss Mitigation Forbearance, removing from their online website the names of the borrowers and/or non-borrowers, and so much more because they have continued to ignore anything mandated by the Federal, State , County, and City governments despite the recent XX/XX/XXXX deadline, meaning they do not even care if there is a XX/XX/XXXX deadline, which means somebody ( agency, bureau, authority, etc. ) needs to re-direct with enforcement BSI Financial Services ( Servicer ) and XXXX XXXX XXXX  XXXX XXXX XXXX as Trustee of the XXXX XXXX XXXX XXXX ( Noteholder ) through their shared Legal Department with Attorneys XXXX XXXX and XXXX XXXX so that they are ordered herewith to stop harming and injuring homeowners and others.

Company response to consumer: Closed with explanation