Consumer complaint received 2019-09-17
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My mortgage servicer Bayview Loan Servicing is attempting to illegally foreclose on my home. We received a loan modification in XX/XX/XXXX with a payment of {$3900.00} a month that we paid as agreed for 30 consecutive months. In XX/XX/XXXX Bayview refused to accept our payment and told us they only way we could resume making payments was to pay them a six figure lump sum for reinstatement. We were eventually told that we had not SIGNED our modification agreement in XX/XX/XXXX so our modification was now vacated and we owed them close to one hundred thousand dollars because we were not paying the  negative amortization payment that had doubled and recast. Since that time we have tried repeatedly to get the modification back in place or to get a new one but our documents are constantly misplaced or lost by the Bayview staff. We called to follow up so many times that we became friendly with a customer service employee who confided in us that " Bayview will never modify our loan no matter what documents we send in because they want our house. '' We ended up hiring a law firm to help us with the modification and they advised that we file a chapter XXXX bankruptcy to protect the home while they tried to negotiate with Bayview. The negotiations never happened and then Bayview filed a motion to remove the stay of bankruptcy protection even though the bk was still active and this was the only bankruptcy that had ever been filed that encumbered this property. To make matters worse, our BK attorney was a no show to the hearing so our case was thrown out. As soon as that was done Bayview set a sale date for XX/XX/XXXX and I believe that no matter what we do or how much our income is that Bayview will never  conduct a fair and transparent review of our current and correct financial situation and will instead push to foreclose. They are engaging in dual tracking -- -sending us a letter telling us they have our documents and we are in review, then a couple days later telling us our house will be sold at auction. The letter we received was not from a single point of contact -- instead we are assigned to the residential asset manager. Then like clockwork, we were contacted this week by Bayview and told that we are missing documents and they can't conduct the review. My husband and I both have good jobs and make a good living. We have lived here for 15 years and this is the only home our XXXX young children have known. Bayview is violating RESPA and the FDCPA as well as the California Homeowner Bill of Rights. Not only that, but the whole reason we are in this mess is because after two and a half years of accepting our modification payment they claimed that our modification was invalid because we did not sign the paperwork. Please note that we did receive paperwork with bullet points with the terms and noticed that there was a provision for a balloon payment of {$450000.00}. We did not understand what this was for or how it worked. We made multiple phone calls to Bayview to try and get an explanation of the paperwork -- -the {$450000.00} balloon seemed incorrect and predatory and we wanted to speak with a representative from our mortgage company to discuss. We made at LEAST 10 attempts to contact Bayview and speak to someone about our agreement but could never get anyone on the phone who could help us. Multiple messages were left but never returned. We finally went to our Attorney with the paperwork. He reviewed the information and advised us not to sign because of the extreme risk and questionable terms. So the paperwork was never signed and returned. However, Bayview continued to accept our adjusted modified mortgage payment for the next 30 months. Then they decided that the agreement was null and void and that we had to reinstate a six figure lump sum otherwise we were in default which would lead to foreclosure.

Company response to consumer: Closed with explanation