Consumer complaint received 2020-05-28
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:
It is amazing how Bayview Loan Servicing is allowed to continuously and routinely make mistakes to their benefit and the detriment to the consumer. 

On XX/XX/2020 ( Exhibit A & B ) I reached out to Bayview Loan Services and asked for a forbearance of the loan during the COVID-19 stay-at-home order issued by California Governor XXXX. California Governor XXXX had reached an agreement with Bayview Loan Services to offer forbearance during the stay-at-home order. However, as stated by Bayview Loan Services response to the Consumer Financial Protection Bureau my request for forbearance was not processed due to their error. 

On XX/XX/2020 ( Exhibit C ) after not receiving any confirmation or acknowledgement from Bayview Loan Servicing, I called their customer services number. I was not able to speak with anyone because Bayview curtailed their customer service hours. I then logged into the online account to reach for any notes or documentation from Bayview. After not seeing any notes on the account and now being flagged as late, I submitted a 2nd request for forbearance which Bayview acknowledges the request being submitted for a 2nd time online. 

On Wednesday, the XXXX of XXXX ( Exhibit D ), I received a collection call from Bayview. Bayview claims that I was assured that the loan was actively flagged for forbearance. This is not a correct statement the customer service representative called to collect because I was late making the payment. After conveying the request for forbearance for a third time ( Exhibit E ), the customer service representative placed me on hold and Bayview hung up on me. 

On Friday the XXXX of XXXX ( Exhibit F ), I received more calls from collections asking for payment. Bayview acknowledges their fourth failure ( Exhibit G ) in populating the loan file for forbearance and making collection calls. During the second collection call of the day from Bayview, I advised the customer service representative that I had previously filed for bankruptcy and that this loan was identified in the bankruptcy. Therefore, they should not be harassed and threatened with collections calls. I asked that all communication be made in writing. 

After losing confidence in Bayviews ability to correctly placing me in a forbearance program as stated and entitled under The CARES Act signed into law on XX/XX/2020, I placed a complaint with the Consumer Finance Protection Bureau only after placing the complaint did Bayview sent me a Forbearance Plan Confirmation Letter. 

On XX/XX/2020 ( Exhibit I ) I received a later from Bayview Loan Services threatening Notice of Default and Intent to Accelerate and declaring this loan in default and threatening the loss of my home. This will be the fifth failure by Bayview of NOT placing me on a forbearance program. 

Actions taken by Bayview are in bad faith, gross negligence, and in violation of The CARES Act, California Executive Order N-28-20 from Governor XXXX ( XX/XX/2020 ), and the California Supreme Courts CA Rules of the Court Emergency Rules ( XX/XX/2020 ). 

During the COVID-19 pandemic, consumers are protected from predatory lending practices being used by Bayview Loan Services.  As stated earlier, The CARES AcXXXX protect consumer like myself suffering from the effects of this pandemic. Additionally, California has issued their own protections for consumers ( i.e. CA Governors Executive Order and the CA Supreme Court Emergency Rules ). I find Bayviews reckless errors manipulative to their benefit and threatening foreclosure letters as intimidating and bypassing all consumer protections being offered to consumers. 

In regard to the balance due Bayview has failed to acknowledged the payments that I have made since XX/XX/2020. I have been trying my best and have made payments on this loan during the forbearance period in question. Again, Bayview is blatantly trying to steal my home by pursuing a foreclosure in violation of The CARES Act and California Executive Orders. 

In regard to Corporate Advance Fee ( Exhibit H ) of {$84.00} that have miraculously appeared after about 10 years. It is very questionable. This is not a fee that we agree with. Secondly, any miscellaneous fees not associated with the loan ( principal and interest ) are NONE collectable due to the bankruptcy. This loan was identified in the bankruptcy. We ask that this amount be removed once and for all. Bayview or the previous servicer ( XXXX ) have no authority to charge this fee.

Company response to consumer: Closed with explanation