Consumer complaint received 2020-05-15
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: NC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On XXXX, it came to my attention via an email from my employer that my wages were being garnished for unpaid XXXX property taxes resulting in a tax lien being placed on a property I own but do not live at, my ex-husband does. Upon learning of this garnishment, I reached out to my ex-husband who stated that when Bayview Loan Servicing acquired the mortgage in XX/XX/XXXX from XXXX XXXX, the property taxes were not yet paid. He stated that he too learned that they were not paid and contacted Bayview Loan Servicing on XXXX. The representative he spoke with assured him that the payment would be sent immediately. But when I contacted Bayview Loan Servicing myself on XXXX, the property tax payment had not been sent. The individual I spoke to assured me that he would expedite the process to get the property tax payment sent and the timeline I was given was that within 24-48 hours, it would be sent via XXXX next-day delivery. I never received the follow-up call I was promised, it was up to me to follow-up. The property tax payment was delivered to the county tax office on XXXX, the same day as my garnishment check. I had no idea that when I received the email notification from my employer on XXXX that my wages were garnished for the first time on XXXX. Because I have been in contact with the county tax office, they were looking for my garnishment check and would process a refund for it. 

Fast forward-prior to Bayview Loan Servicing calling the county tax office to inquire on the current balance, a payroll garnishment check was received by the county tax office and applied to the outstanding balance. The balance due when Bayview Loan Servicing inquired was not the original tax bill amount. To illustrate : {$4500.00} XXXX Tax Due ( Late after XXXX ) + {$60.00} Garnishment Fee + {$5.00} Advertising Fee ( To advertise the lien in the paper ) - {$360.00} Garnishment Check Applied = {$4400.00} XXXX XXXX XXXX Payment Ever since XXXX, I have contacted Bayview Loan Servicing via phone and email 10+ times. My request of them is to send me a check for {$360.00}, the amount of my payroll  garnishment that was applied to the outstanding balance. Had they paid the property taxes by the due date, my wages would have not gotten garnished and they would have paid {$4500.00}. I DO NOT get a return call, a return email and when I call, I have to go through the issue all over again and it's usually with the same person. I am not getting anywhere with this company. To add insult to injury, in XX/XX/XXXX, XXXX XXXX XXXX sent an escrow overage check in the amount of {$270.00} to the property address made out to myself and my ex-husband. That check was negotiated on XXXX without my knowledge nor endorsement. 

Here is a restatement of the facts : - XXXX XXXX  did not pay the XXXX property tax bill from the escrow account prior to selling the loan to XXXX Loan Servicing ; - XXXX XXXX XXXX did not pay the XXXX property tax bill from the escrow account prior to the due date ; - XXXX XXXX XXXX sent an escrow overage in XX/XX/XXXX to the property address in the amount of {$270.00} made out to myself and my ex-husband ; - Said check was negotiated on XXXX without my knowledge or signature ; - XX/XX/XXXX, XXXX property tax bill is now considered past due ; - XXXX or XX/XX/XXXX, notice of lien is published in local paper ; - XXXX, garnishment payment is taken from my paycheck ; - XXXX? XXXX, first garnishment of {$360.00} is credited to the balance, - XXXX, became aware of the garnishment and second garnishment payment is taken from my paycheck ; - XXXX, began my research with the county tax office and Bayview Loan Servicing ; - XXXX, Bayview Loan Servicing sends check to tax office ; - XX/XX/XXXX , county tax office receives check from Bayview Loan Servicing ( {$4400.00} ) and from my employer ( {$360.00} ) ; - XXXX, {$4400.00} is credit to the balance bringing it to XXXX and submits a request for a refund in the amount of {$360.00} to be sent it to me ; - XXXX, I received my second garnishment refund in the amount of {$360.00} from the county tax office ; - XXXX , county tax office receives third garnishment from my employer and submits a request for a refund in the amount of {$360.00} to be sent it to me ; - To date, I have not received a refund from Bayview Loan Servicing for the {$360.00} my first garnishment paid towards the XXXX property tax bill ; - To date, I have not received a response from Bayview Loan Servicing inquiring on the status ; - To date, I am out of pocket {$720.00} ( {$360.00} which will be refunded to me from the county tax office and {$360.00} which Bayview Loan Servicing owes me back ). 

All I am seeking is the {$360.00} back even though my name and address what listed for all to see when the country placed a tax lien on the property. That is sheer embarrassment. And was avoidable. I have been in banking for almost 20 years, and most of that in risk management. I'd be interested to see what controls were in place to mitigate this type of risk which is reputational for sure. Thank you for your time and please let me know what I can provide for documents.

Company response to consumer: Closed with explanation