Consumer complaint received 2017-07-07
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: UT
Product: Mortgage
Sub-product: VA mortgage
Issue: Struggling to pay mortgage

Complaint:
CFPB, XXXX XXXX is a widower who has made repeated attempts to resolve the foreclosure either by loan modification, short sale or other means. XXXX XXXX certainly should be afforded the right to seek an " alternative to foreclosure, when one is available. However, in order to implement a viable alternative, there must be some willingness by the servicer ( BAYVIEW LOAN SERVICING , LLC ) to work with her. Unfortunately, BAYVIEW has refused to work with XXXX XXXX and has made every attempt to stonewall her efforts to modify her loan or for short sale. It has become clear that BAYVIEW has no intention of entertaining any other alternative except foreclosure. <P/>XXXX XXXX has presented a hardship letter for the purpose of modifying her loan or short sale. Several alternatives to her foreclosure are available to her, however, because they can not be presented, Bayview will not speak to her or entertain alternatives. <P/>Here is a background of her case ... <P/>XXXX XXXX 's husband was a veteran and has XXXX XXXX. A hardship letter is attached.. <P/>She is apparently being stonewalled because she is not on the Mortgage - she is on the deed. <P/>Under these circumstances the property legally falls into her hands, however BAYVIEW has seized the opportunity to utilize this as a stonewalling tactic. <P/>The sale date is XX/XX/XXXX and she desperately needs to open up correspondence with Bayview in this matter? As far as any 37 day rule to submit an offer, Bayview 's stonewalling efforts have made it a impossible to accomplish. <P/>She has discussed seeking and attorney and/or filing a Bankruptcy as a last resort. <P/><P/>Below are copied/pasted emails to BAYVIEW made on her behalf in an attempt to open up communications ... <P/>-- -- -- -- -- - On XX/XX/XXXX XXXX, XXXXXXXXXXXX wrote : Hi XXXX, XXXX XXXX would like to commence a short sale. <P/>Attached is the Authorization for me to talk to you and XXXX Affidavit and Certificate. <P/>Call me asap. <P/>Thanks, XXXX XXXX Direct:XXXX -- -- -- -- -- -- -- -- - Here is XXXX XXXX 's history of events in dealing with BAYVIEW ... <P/>XX/XX/XXXX - A few days after the funeral, went into XXXX XXXX XXXX to speak with the bank regarding the mortgage. We ( XXXX and XXXX ) were told they could n't help us because we were n't on the loan and that we need to present the XXXX certificate in order for anyone to speak with us. We forwarded the XXXX certificate at that time. <P/>XX/XX/XXXX - Attempted a Refinance through XXXX XXXX at XXXX XXXX. The mortgage company would not speak with XXXX because the refinance would be into XXXX 's name and she was n't on the loan even though XXXX  certificate was on file. <P/>XX/XX/XXXX - XXXX called XXXX and was told she could n't be helped because she was n't on the loan regardless of the loan holder being XXXX. <P/>XX/XX/XXXX - XXXX again called XXXX and again was told she could n't be helped because she was n't on the loan regardless of the loan holder being XXXX. <P/>***It was n't until the financial hardship finally took its toll ( despite the above attempts to refi/work with the mortgage company ) and payments to the mortgage ceased, that mailed correspondences from Bayview were addressed to The Estate of XXXX XXXX and/or XXXX XXXX XXXX even though she has never been financially obligated to this mortgage. *** XX/XX/XXXX - XXXX called Bayview ( with the help of a family friend ) and once again was told they could n't speak to either of them regarding the loan ( despite having correspondences addressed to XXXX ) because they were n't on " the list. '' When asked who was on the list, the reply was " no one. '' XX/XX/XXXX - XXXX, XXXX 's daughter, called Bayview and was also told that she could n't be helped because she was n't on the loan. <P/>-- -- -- -- -- -- -- -- -- -- - Due to the stonewalling efforts of BAYVIEW, XXXX XXXX is unable to seek alternatives to her foreclosure ...

Company response to consumer: Closed with explanation