Consumer complaint received 2019-04-28
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Late fees and other charges are being assessed incorrectly. XXXX, XXXX, and now Bayview Loan Servicing have fraudulently imposed late fees, and other charges since this loan first transferred from XXXX XXXX XXXX to XXXX, to XXXX, now Bayview. An original complaint had been filed against XXXX and they immediately transferred said loan to XXXX. After several months of trying to resolve this issue with XXXX, it was reported to cfpb. It was only then that XXXX responded and waived said charges, but within the same timeframe, the loan had already been transferred to Bayview. 

Please Note Notice of servicing transfer from XXXX, dated XX/XX/XXXX ( hence, the same time-frame XXXX was investigating said allegations of imposing late fees and other fees ), had not been received. It wasnt until we begin to receive letters from Bayview that concerned us greatly. I contacted XXXX to confirm servicing transfer, they concurred. I asked for a notice in writing. This is when I received notice of servicing transfer, which was ; late XXXX, early XXXX. Yet, Bayview imposed additional late fees. 

Most recently, I requested a detailed account history from Bayview Loan ; it was received XX/XX/XXXX. There are transactions that late fees in the amount of {$1400.00} were waived/assess on XX/XX/XXXX. However, Bayview continues to impose these same charges ( I tried to upload document ; it was only 3 pages long, but your system would not allow me to ... .stating it was too large ). If you wish to view this account history, please feel free to email me at XXXX and I will send it to you through email. 

SYNOPSIS : XX/XX/XXXX XXXX statement indicating late fee balance in the amount of {$1900.00}, corporate advance balance in the amount of {$330.00}. 

XX/XX/XXXX XXXX letter of explanation related to a fee in the amount of {$330.00} ( It was still unclear, and it didnt make sense, so I pursued it further ). 

XX/XX/XXXX XXXX statement indicating late fee balance in the amount of {$2000.00}, deferred balance in the amount of {$74.00}, corporate advance balance in the amount of {$87.00}, and unpaid fund balance in the amount of {$2000.00}. 

XX/XX/XXXX XXXX notice of explanation of unexplained charges ( late fees and corporate advance fees ). This notice from XXXX was only after two complaints were submitted to the Consumer Financial Protection Bureau ( CFPB ) related to unclaimed charges, late fees, and other fees. Corrections were made, and only {$370.00} corporate advance was to remain. 

XX/XX/XXXX XXXX notice of servicing transfer effective XX/XX/XXXX with Bayview Loan Servicing.  However, as mentioned earlier, it was not received until late XXXX, early XXXX. 

XX/XX/XXXX Bayview statement indicates a late charge assessed in the amount of {$1400.00} and Rec Corp advance in the amount of {$330.00}, and escrow balance in the amount of {$2800.00}.

XX/XX/XXXX XXXX letter response to cfpb complaint ; provided history related to servicing mortgage loan, beginning XX/XX/XXXX through XX/XX/XXXX. 

XX/XX/XXXX XXXX letter response to cfpb complaint to remove late fee reporting of our account from XXXX to XXXX. 

XX/XX/XXXX Bayview statement indicates a late charge assessed in the amount of {$1400.00}, Rec Corp advance in the amount of {$340.00}, and escrow balance in the amount of {$830.00}. 

XX/XX/XXXX Bayview account history, beginning XX/XX/XXXX to XX/XX/XXXX ( please note ; XXXX transferred mortgage servicing to Bayview effective XX/XX/XXXX ) XX/XX/XXXX Bayview statement indicates late charge balance in the amount of {$1000.00} and NSF balance of {$100.00}. In addition, Bayview has charged {$1500.00} homeowners insurance to our escrow account when I have already faxed/emailed documents requested. XXXX XXXX insurance agent has also provided what has been requested several times, dating back to back to XXXX ( when homeowners insurance was transferred ). We requested that no escrow fees be assessed for homeowners insurance as it is being debited from our checking account and paid directly to XXXX XXXX.

Company response to consumer: Closed with explanation