Consumer complaint received 2017-07-10
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
This is being filed against Bayview Loan Servicing LLC. I have had numerous previous complaints filed in which BLS just makes willfully false statments. The last such complaint was XXXX. I am going to do this now by just dealing with one issue per complaint rather than identifying various correlated issues. This will compel them to just deal with one per complaint so that the semantically games, and other attachments they submit that are incomplete and incorrect, mostly irrelevant or uncorroborated, and uncorroborable without the proper and full depiction is not further used as the ruse they commonly initiate to inundate you with a lot of papers of little to no substantive value. I will first deal with their response to item 6 of complaint XXXX. XXXX Bayview wrote : " 6. Bayview has not provided him with proof of a payoff for loan XXXX in XXXX. To address item 6 above : Bayview 's records do not indicate that loan XXXX was paid off in XX/XX/XXXX. Should XXXX XXXX have documentation indicating the loan account was paid off, we ask him to provide us proof of payoff. At theis time for loan number XXXX, our records indicate a UPB of {$830.00} and an escrow account balance of {$6300.00}. A copy of the Customer Accont Activity Statement is enclosed for review. At this time for loan number XXXX, our records indicate a UPB of {$1200.00}, and an escrow account balance of {$6200.00}. A copy of the Customer Accont Activity Statement is enclosed for review. Please be advised we have submitted a payoff request for both loan accounts, which will be sent under seperate cover. '' XXXX My request as item E ) of the complaint under XXXX stated : " E ) They still have not provided me with proof positive ( source documents ( check, or otherwise ) ) depicting the payoff of XXXX in XX/XX/XXXX as previously requested. '' Instead of answering the question BLS plays the symantic of willfully restating my issue incorrectly ( as above ) : " Bayview has not provided him with proof of a payoff for loan XXXX in XX/XX/XXXX. '' Therefore thier answer is irrelavent because the restatment of the issue was incorrect. BLS is constantly using this ploy so they do not have to deal with the real issue. The proper request under XXXX demands that BLS provide the source documents depicting the payoff of the loan ( XXXX ) back XX/XX/XXXX. ( see attached - copy of page six of BLS own documents depicting the payoff on XX/XX/XXXX, and then BLS reversing the money on XX/XX/XXXX without explanation or any reasoning ) This payoff was, to my knowledge, made by another party for my benefit and that without a valid reason BLS reversed the payoff over my objections back in XX/XX/XXXX, and further my demand to see proof of the payment ( to my understanding wire transfer for the benefit of my account ) ( attachemnt - Dialog with XXXX XXXX of BLS regarding XXXX and other issues in XX/XX/XXXX and XX/XX/XXXX ) BLS 's continued actions in failing to provided me with full disclosure on these transactions is minimally in bad faith of the managment of my accounts regardless of the source of the payment. If it affected my account I should have the right to see all pertinent information surrounding the payoff and the legal reasoning for its removal. IN PLAIN ENGLISH I NEED TO SEE THE TRANSFER OR OTHER VEHICLE ( SOURCE DOCUMENTS - not the " Customer Accont Activity Statement '' that proves nothing ) DEPICTED IN THE BLS Customer Accont Activity Statement - XX/XX/XXXX APPLICATION OF THE PAYOFF OF MY ACCOUNT. I NEED TO SEE WHY, AND WHO AUTHORIZED THE REVERSAL OF THE PAYOFF OF MY ACCOUNT, AND THE REASON FOR IT. BLS is in violative of the statute Part 419. Servicing Mortgage Loans : Business Conduct Rules ( Statutory Authority : Banking Law Article 12-D ) 419.4 ( a ) ( b ) ( c ) ( d ) ( e ) Consumer complaints and inquiries ( re : QWR 's, etc ) Next, BLS states that I owe them money for " escrow balances '' yet BLS states that XXXX and XXXX are not escrow accounts BLS states clearly that these two account are " non escrow accounts '' in its XX/XX/XXXX letter ( attached ) but goes on to state that it created escrows for each account " to protect our mutual interests in both properties ''. This is patently illegal without my knowledge and consent. RESPA, 24 C.F.R section 3500.17 does not allow for escrow of this sort, nor do the contractual elements of any agreement that I entered into at any time. BLS took this soley upon themselves. Escrows are for taxes and insurance, unless agreed to by the parties for other purposes. There was, and is no agreement, nor authority of BLS to take this extrodinary action ( s ). Any escrow accounts set up on behalf of either of these loans are violative of the law.

Company response to consumer: Closed with explanation