Consumer complaint received 2018-12-04
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: IN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
My Ex-husband and I own equal parts of an undivided property. We are both on the deed, but he is the only one on the XXXX XXXX   conventional mortgage. The divorce decree ordered the house sold and the equity split equally. He breached the divorce decree by refusing to sell the property. After I consulted with both a divorce attorney and real estate attorney about his breach he turned over possession of the property to me. Shortly after I took over residency, he died by XXXX. 

I learned via a notification from XXXX XXXX that the payments were not being made after his death. I was unable to get any information from the original lender XXXX. I contacted the HOPE hotline for assistance. The HOPE hotline contacted XXXX with me on the line and met with great resistance. The XXXX representative repeatedly requested for my ex-husband to call and give permission to talk to me and yes, this was after being told numerous times he had died. I took over the conversation with the HOPE representative still on the line and continued to push for help. I asked about making the payments and they told me I would not be given any tax benefit for making the payments and it would not guarantee saving my home. Finally, I was able to learn there were forms that could be completed to gain access to the mortgage. XXXX insisted the forms had to be mailed to him at the home and they were not available online or by email. I explained to them his mail had been forwarded and I needed them mailed to my P.O. Box. They refused to mail them anywhere but the residence and to his attention. Finally, at the end of the 78 minute call I was told I could go to a XXXX branch with a copy of the divorce decree, death certificate, copy of the deed, and my identification. I did as instructed and was given the forms. When I inquired about my rights as a successor in interest to take over the mortgage I was told by the branch employee our investors dont do that I knew this to be untrue and assumed the employee was unaware of the Mortgage Servicing Rules and XXXX XXXX   guidelines. I had spent many hours studying the law and XXXX XXXX   so I knew the information was incorrect. I took the forms, completed them and submitted them to XXXX via fax. I followed up with XXXX several times and each time was told they were in process and they wouldnt tell me anything. Finally, I received a letter stating the mortgage had been sold to XXXX XXXX. At this point the mortgage was 4 months past due. 

On XX/XX/2018 I began my communications with Bayview Loan Servicing. I was told to supply the death certificate, divorce decree, a copy of the deed, and my identification. I submitted all to them and a few days later permitted access to information on the loan. The original person I spoke to overnighted forms for me to complete to obtain a modification and transfer of ownership of the loan. I submitted the documents via the Bayview website and received a confirmation via email that they had been accepted. Ive included copies of the upload and confirmation. I was never told whether the documents were complete or something was missing or was rejected or accepted nothing. There was no communication from Bayview regarding those documents even after I inquired. 

Then I was assigned to XXXX XXXX/XXXX and not permitted to talk to anyone but her. What seemed to be going according to my understanding of the law and XXXX XXXX servicing guidelines turned into a nightmare. XXXX XXXX/XXXX gave false information, made misleading statements, refused to adhere to the law even after being questioned about it, and continually made contradictory statements resulting in significant financial losses that continue today. Ive had 13 calls with Bayview at a total of 157 minutes. Each time XXXX XXXX/XXXX  made statements that are in direct opposition to the laws designed to protect a successor in interest. It is my understanding I am to be treated as the borrower with all the same rights and remedies to avoid foreclosure. Her statements even contradict Bayview policy that Ive included from their website. As it is my understanding their calls are all recorded, Ive included my phone records showing the day, date, and time of all calls to prove my allegations. Ive also included an unanswered email I sent to an email found on correspondence I received to try to go around XXXX Beal/XXXX and as yet I still have not received a response. 
Her statements included telling me the following : - You have no rights being on the deed, and living in the home doesnt matter - Your only option is to catch up all past due payments and assume the loan - You are not permitted to accept the streamline modification offered - Only the estate has rights - The estate must sign off on your assumption of the loan - You can not apply for a modification until you assume the loan I was completely distraught. I didnt understand how all this was possible. I began questioning everything I had studied about the laws covering my situation. It didnt occur to me that XXXX XXXX/XXXX and XXXX XXXX would be outright breaking the law. It seemed incomprehensible to me that they were lying to me and attempting to defraud me. I felt based on what XXXX   XXXX/XXXX  had told me I either had to accept that I would lose my home to foreclosure or have to open the estate of my ex-husband and take on the financial burden and liability of doing so. Ultimately, I felt I had no choice but to open the estate as I feared being homeless. After opening the estate I was notified XXXX filed foreclosure paperwork. I contacted XXXX XXXX/XXXX again to notify her that I had opened the estate and was appointed executor. She told me it didnt matter I had no rights my only option was to assume the loan. 

Desperate, I dug back into studying the laws and know unequivocally my rights are being violated and I need help in holding Bayview and their representative accountable for my losses. I need assistance to save my home and make Bayview perform in accordance to the law. 

The financial damages Ive experienced that continue to mount due to XXXX XXXX XXXX and their representative XXXX XXXX/XXXX are as follows : - Additional interest, late fees, and legal fees on mortgage balance - Legal fees, administrative costs, and bond fee of opening estate as I was told was necessary by Bayview - Legal fees for defending the foreclosure as a deed holder - Legal fees for filing a response to their violations of the Mortgage Servicing Rules ( in process ) - Hundreds of hours of my time studying the laws, filling out forms, communicating with Bayview, communicating with attorneys, and communicating with government agencies regarding my rights In addition to the financial damages I am now responsible for my ex-husbands estate, all the liabilities that go with serving as executor, and the time and work involved. The actions of Bayview and their representative have created extreme distress. Im unable to sleep through the night, I have constant XXXX, XXXX, an XXXX XXXX XXXX, XXXX, live in constant fear of the sheriff showing up and throwing me out of my home, and suffering the humiliation of being named in a foreclosure suit. 

All I have wanted since learning the payments were not being made is to save my home.

Company response to consumer: Closed with explanation