Consumer complaint received 2018-05-12
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: MI
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:
I am writing to you in hopes that you can help me regain my home as I feel I have been a victim of unfair lending procedures and predatory loan practices by the pressure to resolve a mortgage through Bayview Loan Servicing , LLC. 

Please let me give you insight to my problem ; In XX/XX/XXXX I filed bankruptcy after a divorce and unemployment issues to prevent my home from being foreclosed on at which time XXXX XXXX XXXX currently had the mortgage. Prior to filing the bankruptcy, XXXX XXXX XXXX would not speak with me regarding the mortgage. When I would call their only response to me was, we can not talk to you about this account even though my name was on the account. I defaulted on the bankruptcy in XX/XX/XXXX after being fired from the job I had for 3 years though I continued to make partial payments. 

At some point XXXX XXXX XXXX turned the mortgage over to Bayview Loan Servicing , LLC. In the spring of XXXX, I began attempts to have my mortgage modified through Bayview via ( the Home Affordable Modification Program ). Bayview is supposedly an advocate and assistant to the Michigan State Housing Development Authority house programs, yet I have had no such luck dealing with them. 

For the past 4 years I have been trying to get this worked out but on XX/XX/XXXX they sold my mortgage in foreclosure, to which the papers were filed on XX/XX/XXXX. I was completely unaware of this until XX/XX/XXXX, it was my understanding that Bayviews Asset Manager XXXX XXXX was working with my attorney whom did not know of the foreclosure sale either. 

My problem lies in this : According to the bankruptcy trustees records my actual balance owed was {$70000.00} as of XX/XX/XXXX. Yet all of the paperwork from Bayview lists the principal balance as : XX/XX/XXXX = {$92000.00} XX/XX/XXXX = {$92000.00} XX/XX/XXXX = {$91000.00} Each time I have received modification paperwork I questioned them on these discrepancies in amounts, where the money I have paid to Bayview has gone and why the statements I have received have been wrong, I also questioned the validity of their numbers and each time I asked, I would receive no response. 

I called Bayview and sent emails without as much as an attempt to answer or resolve the issues I had. I would make the agreed upon modification payments by phone as they insisted was the only way I could until their phone system would no longer let me. I called and wrote to inquire as to why the phone payment system would not take my payments and received no answer until it was too late to rectify the matter. 

I was never informed of, or offered any information by Bayview about the Home Affordable Unemployment Program ( UP ) which is a prerequisite to the HAMP program during my periods of unemployment. I was never informed of any forbearance or deferment programs that could assist me with my mortgage while I was unemployed ( Emergency Homeowners Loan Program, FHA Special Forbearance ). I was never put in contact with the Michigan State Housing Development Authority or a HUD representative either, in fact, I had no idea that any of these resources existed to help me until they were of no use to me. My only option was to be repeatedly put through a process of HAMP trials modifications, which I would pay into only to have Bayview deny the modification in the end. The money paid into those trials is not reflected accurately in Bayview 's paperwork, nor is it reflected appropriately on my credit report. The money I have paid has seemingly 'disappeared '. 

In XXXX Bayviews modification amounted to the following : $ XXXXmonth for 3 months ( paid ) {$530.00} x XXXX years = {$120000.00} Balloon pmt ( yr. 20 ) = {$75000.00} Total {$190000.00} I attempting to rectify the fact Bayview refused to remove my ex-husbands name from the papervwork by filing a Quit Claim on the Deed, and still could not get an answer from Bayview pertaining to where the money already paid in during bankruptcy ( XXXX $ ) had gone as it was seemingly unaccounted for. 

In XX/XX/XXXX, I applied for the HAMP modification and was approved while I was collecting unemployment of XXXX $ per week. 

In XX/XX/XXXX I was advised by XXXX XXXX Asset Specialist to  continue making the payments of {$530.00} to which I did until their system would not accept them in XX/XX/XXXX. 

I reapplied in XX/XX/XXXX for a HAMP modification and was denied due to having 'no income ' and being on unemployment, getting {$360.00} a week. Which makes little sense considering 1 year earlier I was approved for the HAMP modifications while on unemployment collecting less money in XXXX than I was in XXXX. 

Again I contacted Bayview and began the process once again submitting all of the required paperwork. In XX/XX/XXXX I received foreclosure paperwork and again began the process. 

XXXX Modifications is as follows : $ XXXX/ month for 3 months ( paid ) {$420.00} x 18 years = {$90000.00} Balloon pmt. ( yr. XXXX ) = {$45000.00} Total = {$130000.00} I do not understand the huge difference in the amounts they are requesting. Also, once an attorney got involved, again I was shut down by Bayview and received no correspondence from XXXX XXXX until it was too late. 

On XX/XX/XXXX I was given notice of the Sherrif 's Sale dated for XX/XX/XXXX. I contacted an attorney to assist me with the last attempt at modification. When I received the Stipulation Agreement dated XX/XX/XXXX I agreed with it, signed it and made the first payment the day that I received the letter, XX/XX/XXXX. 

The next day I received the exact same paperwork but with a Balloon payment addendum written in it dated for XX/XX/XXXX. When I contacted my attorney he advised me not to sign the second set of papers but keep making the payments to which I did through XXXX. XXXX and XX/XX/XXXX were late. XX/XX/XXXX when I made the payment to Bayview it was returned and that was how I found out my house was actually sold in foreclosure. 

Contrary to what some may believe, I am not looking to be relieved of my debt. I have been attempting to resolve this issue for 4 years now and have been stonewalled by Bayview and their employees. In doing research on the internet I have found that I am far from alone as Bayview has had hundreds of complaints filed against them, court cases filed and several class action lawsuits pertaining to wrongful foreclosure in which judgment was ruled against Bayview. 

Bayview had 2 appraisals done in XXXX, both of which came back at {$60000.00} and in order to retain my home they want {$93000.00}. If the paperwork actually reflected the amount as per the Trustee I would have been more than able to and willing to make the payments and prevent this all from happening. All I want is to have a fair mortgage agreement that I am capable of making payments into without a lender that gives me the run around and uses predatory tactics to try and steal my property. I have always been a productive citizen that has worked hard for what they have ; I accept responsibility the debts I owe and I only want to be treated fairly under the scope of the law. 

I am a XXXX XXXX XXXX for the XXXX XXXX XXXX and I work for the XXXX XXXX XXXX as a XXXX in a XXXX XXXX and I have a long-standing history of working for the XXXX XXXX XXXX in several different states. I have always been a law-abiding citizen and despite life 's struggles, I have done what I can to maintain my skills and my reputation. The ordeal I have faced in dealing with Bayview Loan Servicing , LLC has not only ruined my credit, caused undue stress and documented physical illness, Bayview have also tarnished my reputation all while they took my family 's ancestral home. 

While it may not matter in the eyes of the law this property is more than mere land to me. My family has a rich history in this area ; this property has been consistently owned by my family since XXXX and was sold to my family through the Homesteading Act established in XXXX. Four generations of my family live on this land to this day ; including my daughter, her two sons on our parcel, my two cousins, and my uncle and his wife. This property is also certified XXXX XXXX and has been maintained as such since its registration. 

My great-great grandfather guided and hunted this area with XXXX XXXX of the XXXX XXXX. My great-grandfather was the first XXXX  child born into an area that, at the time, flourished with XXXX XXXX. My grandfather who served in XXXX was born here. My father was born here in the very house that I live in now. 

The named for my family who settled this area. This is my home my heritage and I hoped it would be for not only my daughter but my grandsons but if nothing is done that will be only a dream. Due to everything that has happened over the past 8 years since my divorce, I am now unable to secure financing to buy back my home ( or so I have been told ). 

I feel that Bayview has taken advantage of me as I am a single woman attempting to secure her home and they bullied me into paying amounts that are completely out of range for this property, only to threaten with Foreclosure if I did not pay, yet they refused to validate the amounts on the debt. I requested time and again, only to be ignored. 

I only ask that you please help me get this resolved so that somehow I can make payments on my home and retain my home. This property that has been in my family for 150 years and needs to continue to stay in my family.

Company response to consumer: Closed with explanation