Consumer complaint received 2023-01-17
Company: LAKEVIEW LOAN SERVICING, LLC
State: AL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Lakeview Loan Servicing and XXXX XXXX  STOLE my house from me on XX/XX/XXXX while misleading me to believe I had an approved modification and had been accepting my payments for five months. This was a wrongful foreclosure. There was no sale date notice sent to me as the primary borrower. I received no communication about missing modification paperwork. There was no follow up or warning. I was completely blindsided to find out my house sold. I have most of the delinquent amount and could have reinstated the loan but no one told me what was going on. This is wrong and unethical and a violation of Alabama law. I have owned my home since XXXX. I never had a problem making payments until Covid 19 hit my county and the XXXX XXXX XXXX  I worked at cut hours and then laid me off and then closed down. I had just gone through a divorce so money was tight since I was paying by myself but I continued paying on the mortgage for almost a year by draining my 401K when I had little income coming in. When I could not afford the payment any more Lakeview offered me a forbearance where I could hold off on payments for 6-9 months and then they said they would work with me to restructure the loan or put the missed payments into a deferred balance or silent second or partial claim. When the forbearance ended I spoke with customer service and submitted modification paperwork. I was told in XX/XX/XXXX that I had been APPROVED for a loan modification, and that my new payment would be approximately {$1000.00} a month. No one said there were additional papers needed, no one said I needed to sign anything they just said I was approved and to start making payments. I began calling in a mortgage payment to Lakeview customer service monthly near the XXXX of each month. I called in payments in XXXX, XXXX, XXXX, XXXX and XXXX. Each time I was given a confirmation code that the payment had gone through and my account had funds available to cover the mortgage payment each time I called in. I want to know what happened with these payments, where were they applied or if they were not accepted why did they give me confirmation code and fail to notify me?? 

When I tried to call in my payment in XXXX I was told that Lakeview would not accept the payment because I had not sent in the required documents. This was the first I had heard of this, no one said anything on each call that I made to make the payment, they just told me the amount and gave me the confirmation number. The agent told me that Lakeview needed information on the divorce to show that the house was awarded to me as well as other paperwork for my new job and income. I got all of the documents together and sent them overnight mail to LakeviewXXXX XXXX. I called to verify that the documents were received and they said they got them and would review and they would let me know if any other documents were needed. NO ONE SAID THAT I HAD AN UPCOMING SALE DATE. I had been APPROVED for a loan modification and making payments for 5  months!! 

No one NOTIFIED ME AS REQUIRED THAT THERE WAS A SCHEDULED SALE DATE on XX/XX/XXXX. 
Lakeview and their law firm XXXX XXXX has no proof of service for the Notice of Sale to me. My ex-wife is the one who found out the house sold from the newspaper. I asked her if she had any letters or notifications from Lakeview or the law firm regarding the foreclosure. Turns out she had come to pick up her mail multiple times and taken some of the mail relating to the mortgage. The problem is that the NOS letter states and attests and swears that I received the Notice of Sale documents via certified mail, but that is a lie. I never saw the notice, I never signed for the notice and they do not have any evidence that I was properly served and notified regarding this sale. The is a wrongful foreclosure and Lakeview engaged in unethical servicing practices.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation