Consumer complaint received 2019-04-18
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: GA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I purchased my home in XX/XX/XXXX. When I purchased my home, I had a thriving career earning approximately $ XXXX per year. In XX/XX/XXXX, I lost my job and was unable to obtain a new one for quite some time ( about a year and a half ). As a result, I made the difficult decision to file a Chapter XXXX Bankruptcy in XX/XX/XXXX. I received notice that my mortgage was being sold to Bayview Loan Servicing in XX/XX/XXXX. 

Prior to my hearing, I opted not to pay my mortgage because I was unsure if the trustee would allow me to stay in my home. Once I found out that I could stay, I was unable to correspond with Bayview until my case was discharged. Once my bankruptcy was discharged in XX/XX/XXXX, I reached out to see what my options were for mortgage assistance. After submitting the necessary documentation to prove that my bankruptcy was discharged, I was able to submit my hardship application in XX/XX/XXXX. 

Bayview assigned me a representative to assist and work directly with me during this process. I explained further my situation, and what that I wanted to stay in my home. She explained to me that the only option they could offer me was a loan modification which only decreased my payment by $ XXXX {$150.00}. I asked if there was anything else that could be done to help, but because I had only been in my home for 4 years, that was the best that they could do. With this modification plan, I was to make 3 consecutive monthly payments ( XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX ) of the new payment as a trial, and then my loan/account would be in good standing. Luckily, I had just taken money from my reserves and was able to make these payments. 

Since then, I haven't been able to keep up with the payments as I am still experiencing financial hardship. I submitted another request for assistance on XX/XX/XXXX. I was again assigned a representative to assist me. This time, they told me that my application was denied because I had defaulted on my modification. Their only solution was to offer me a repayment plan where I would pay a large down payment and then pay increased mortgage payments over time. These figures were provided towards the middle to end of XX/XX/XXXX, would be due on XX/XX/XXXX, and that payment would cover XX/XX/XXXX. 
During the time that I had been actively corresponding with my representative from Bayview regarding my options, I also receive my Notice of Foreclosure with a sale date of XX/XX/XXXX. 

After they denied my modification, I decided it best for me to go ahead and put the property on the market. When I spoke to my representative during the last week of XX/XX/XXXX, I explained to him that I planned to sell but wanted to do the repayment plan through the end of XX/XX/XXXX instead of the end of AXX/XX/XXXX. I told him that this would give me enough time to actually get the property sold. Plus, since a family member had agreed to take out a loan to pay the repayment down payment, I wanted to give them as much time as possible. I told him I would call back during the next week, which would have been the first week of XX/XX/XXXX, to get the figures for the down payment for the repayment plan through the end of XX/XX/XXXX. He followed up with me one last time, and I told him the same thing. But he also asked me something about whether I accepted the plan through XX/XX/XXXX that he proposed ( I guess that's where they documented that I refused the payment plan option ). 

Well, he ( or someone else ) closed my case, and I didn't know it. When I called back on XX/XX/XXXX, I was not routed to the person I had been speaking with. I told this person that I was calling to obtain figures for a repayment plan for XX/XX/XXXX. He told me that he could not provide this because my previous hardship application was about to expire ( it expires 60 days from submission which was XX/XX/XXXX ). He urged me to submit the application as soon as possible because we are very close to my sale date, but he also assured me that we still had time. He advised me to call back on Friday, XX/XX/XXXX because my application would take about 48 hours to process. I submitted another hardship application that same day, XX/XX/XXXX, and called back on Friday, XX/XX/XXXX, to follow up as instructed. 

When I called back that Friday, they told me that my application was denied and that they could not assist me any further because I was too close to my sale date. They needed at least 37 days to process any requests like this. I explained the conversation that I had with the representative just a few days before where he assured me that there was time and that they could assist me. They just responded that they sent me a letter stating what she explained to me over the phone. All I could do was cry and ask for the reinstatement amount and the payoff balance to see if I could possibly work out another alternative. 

I know these companies ( mortgage companies ) are out to make money, but I truly wish Bayview would have communicated differently. I wish they would have told me when we were discussing my doing the repayment plan that they would not be able to provide me with a repayment plan option through the end of XX/XX/XXXX, and that they could not assist me when I called back on XX/XX/XXXX. They were evasive, and though they said my hardship application was about to expire, it had not yet expired. Therefore, they could have provided me with the requested figures. I honestly believe their request for the new hardship application was to buy them some time to ensure that I was out of the window for assistance. Technically, when I called on XX/XX/XXXX, I was outside of the 37 days they claimed they needed to process hardship applications before the foreclosure date ( this would have been 28 days ). However, this was never discussed. He told me to submit my application. 

Overall, I don't think they've ever truly tried to work with me during my hardship. Lowering a mortgage by only $ XXXX {$150.00} does not really help. They continuously send out these letters saying they are here and want to help, but all of their options say otherwise.

Company response to consumer: Closed with explanation