Consumer complaint received 2018-09-25
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
XXXX thank you for your assistance in helping to resolve a long standing problem with Bayview Loan Servicing , LLC. the complaints that I am filing are relevant to a long process. I filed a CH13 BK XXXX XXXX that was released in XX/XX/XXXX - During this time Bayview Loan Servicing acquired my Loan from XXXX  XXXX XXXX and because of the CH13BK BLS did not allow me access to the BLS Customer web portal. I had no access to what was happening behind the scenes regarding my mortgage and monthly payments as well how the Trustee payments were being applied. XX/XX/XXXX I was able to login to Bayview Loan Servicing Customer web portal where I found a detail payment history report that shows my Monthly mortgage payment paid in full were applied to a " SUSPENSE ACCOUNT '' this is new information and reveals evidence that {$27000.00} balance was being held in the Suspense Account prior to the Bankruptcy court approving the " LOAN MODIFICATION '' XXXX XXXX XXXX. 


There are multiple issues that we are trying to resolve and multiple departments involved : Department Involved are : Escalations Department, Payment Department, Tax Department, Bankruptcy Department as well others. Bayview Loan Servicing make note that some of my questions are " duplicative '' and have already been answered. However the " LOCK OUT '' that I was under - not privy to internal information because of the CH13 BK  status only told only side of the story. I have attached numerous reports in conjunction with the complaints filed through XXXX and would appreciate Bayview Loan Servicing reviewing the documents and responding accordingly. I have been told by members of the Escalation Teams that my case is beyond there ability and have been told they would forward to a manager. This case need to be seen by a SENIOR LEVEL EXECUTIVE who has the AUTHORITY to make the right decision on behalf of me the Mortgage holder and the Mortgage Lender. 

The problems is multifaceted and a direct cause and affect of not applying monthly payments on time and to the right account. We are dealing with excessive Funds held in a Suspense Account, Unapplied Monthly Mortgage Payments that were paid in full and Monthly Trustee Payments that were paid to satisfy arrears payments that were scheduled by the Bankruptcy Court, There were Payments applied to a Suspense Account totaling {$27000.00}, A " LOAN MODIFICATION '', that resulted in an increased principle balance by {$27000.00}. Error reports for 1098 Year End Mortgage Interest Statements for XXXX and XXXX all a result of Bayview Loan Servicing not accurately applying regular monthly payments on a regular basis. Exhausting feat to resolve and disruptive to all involved. 

I am asking Bayview Loan Servicing to please send all correspondence regarding all complaints through the XXXX XXXX XXXX XXXX XXXX  Web Portal. Please send a letter of explanation for all complaints through USPS for my records I recently received a correspondence letter XX/XX/XXXX dated XX/XX/XXXX addressing the 1098 Year End Mortgage statements for XXXX, XXXX that you have admittedly stated were incorrect and a revised version would be sent. out in 10 days - This error on your part is NOT timely as my Tax return for XXXX has already been filed and the deadline for the extension I filed for XXXX is approaching fast. 

To my understanding BAYVIEW LOAN SERVICING Mortgage servicer manages loan accounts on behalf of the mortgagee or investor. The servicer typically : sends the monthly mortgage statement to the homeowner collects and processes payments tracks account balances manages the escrow account reviews loan modification applications The information below is accounting taken directly form Bayview Laon Servicing Customer Web portal under Payment History ; I have attached the report and have highlighted areas of the report to help in this matter. 

XX/XX/XXXX BLS Online Payment History reports {$20000.00} a suspense balance and principle balance of {$260000.00}. XX/XX/XXXX the same day BLS reported the suspense balance to be {$21000.00} XXXX XXXX BLS reported the suspense balance to be {$23000.00} XX/XX/XXXX2016 BLS reported the suspense balance to be {$24000.00} the same day the suspense balance increased to {$25000.00}. XX/XX/XXXX the Suspense Account showed a negative balance of ( {$19000.00} ) and the suspense balanced dropped to {$5800.00}. BLS reported XX/XX/XXXX the Suspense Balance to be {$1400.00} and the Suspense Account to be ( {$4300.00} ).  BLS reports XXXX XXXX, XXXX the Suspense Account to be {$2000.00} and the Suspense Balance increased to {$3500.00}. 
XX/XX/XXXX the Suspense Account drops to ( {$2000.00} ) the Suspense Balance drops to {$1400.00}. XX/XX/XXXX BLS reports the Suspense Balance increased to {$3600.00} the Suspense Account increased to {$2100.00}. XX/XX/XXXX BLS reports the Suspense Balance increased to {$5800.00} the Suspense Account increased to {$2100.00}. XX/XX/XXXX BLS reports the Suspense Balance increased to {$8000.00} the Suspense Account increased to {$2100.00}. XX/XX/XXXX BLS reports the Suspense Balance increased to {$10000.00} the Suspense Account increased to {$2100.00}. XX/XX/XXXX BLS reports the Suspense Balance increased to {$12000.00} the Suspense Account increased to {$2100.00}. XX/XX/XXXX BLS reports the Suspense Balance increased to {$14000.00} the Suspense Account increased to {$2100.00}. XX/XX/XXXX BLS reports the Suspense Balance increased to {$16000.00} the Suspense Account increased to $ XXXX XXXX XXXX BLS reports the Suspense Balance increased to {$18000.00} the Suspense Account increased to {$2100.00}. XX/XX/XXXX BLS reports the Suspense Balance increased to {$21000.00} the Suspense Account increased to {$2100.00}. XX/XX/XXXX BLS reports the Suspense Balance increased to {$23000.00} the Suspense Account increased to {$2100.00}. XX/XX/XXXX BLS reports the Suspense Balance increased to {$25000.00} the Suspense Account increased to {$2100.00}. XX/XX/XXXX  BLS reports the Suspense Balance increased to {$27000.00} the Suspense Account increased to {$2100.00}. BLS continues this reporting trend the report attached to this CFPB complaint shows more detailed and further shows no monthly payments that were made were applied to the mortgage account rather they were being applied to the suspense account increasing the suspense balance. 

Pre-Modification Term the principle balance was {$260000.00} ) BLS was being paid Monthly payments by me ( home owner ) of {$2000.00} dollars a month and the BK TRUSTEE was paying toward the arrears payments.

This equation bellows BLS Loan # XXXX principal balance {$260000.00} + {$27000.00} ( Funds in the Suspense account ) = {$290000.00} Amount to Capitalized Sub Total less Suspense Funds ( Negative Interest and Escrow Penalties of {$27000.00} + Pre-Mod Terms principal balance of {$260000.00} = XXXX A difference of - {$190.00} Whatever BLS reason for not applying the payments in a timely manner is unacceptable and requires an explanation and renumeration for all costs involved for not recording payments as they were made in a timely manner. 

My experience with Bayview Loan Servicing is as follows : During the CH13 Bk BLS did not send monthly statements I paid regular monthly mortgage payments BLS did not apply the payments to my mortgage Loan account instead they were put into a suspense account.

The account balances do not reflect the monthly payments that were paid in full.

BLS reporting method has resulted in the 1098 Year End Mortgage Statements to be incorrect resulting in me having to refile for previous tax years which could have been avoided - This has been a main concern from XX/XX/XXXX. 

Thank you

Company response to consumer: Closed with explanation