Consumer complaint received 2021-06-04
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX I filed a petition for Chapter XXXX Bankruptcy. It was filed by the attorney I retained thru XXXX XXXX XXXX XXXX XXXX. The proof of claim from Bayview Loan Servicing was filed on XX/XX/XXXX, claiming {$47000.00} in prepetition arrearage. On the proof of claim in Part 4 monthly mortgage payments is as follows : Principal & interest {$1200.00} Monthly escrow {$920.00} Private Mortgage insurance {$0.00} Total monthly payment {$2100.00} I was informed by the paralegal XXXX who filled out the petition to be filed that I needed to send my mortgage payment, which should have been posted to my XX/XX/XXXX mortgage payment. From XX/XX/XXXX - XX/XX/XXXX I made the required payments the first two were {$2800.00}. The following months the payments made were {$2300.00}. I was not receiving my bank statements due to the fact Bayview changed the address without my consent to my attorney 's office. Which my attorney was not monitoring the bank statements. I received an activity report on XX/XX/XXXX, which has all the payments made and when they process the payment and where they applied the payment. As I was reviewing the activity report my first payment was received on XX/XX/XXXX and they applied it to my XX/XX/XXXX. I had called my attorney regarding this and I never received a call back from XXXX XXXX. I kept making the payments until XX/XX/XXXX in which my daughter lost her job due to Covid19. I called Bayview in XXXX of XXXX to let them know that I need to make payment arrangements. I made these arrangements, I was never offered any kind of assistant to help due to Covid19. Bayview Loan Servicing put my mortgage into forbearance on XX/XX/XXXX and their attorney filed for the relief of stay. Stating I was 4 months behind on my postpetition payments. I never received the paper work filed with the courts. I did receive the judgement granting Bayview Loan Servicing the relief of stay. The amount they said I owed was incorrect. I went into my online account with Bayview Loan Servicing and pulled all my bank statements. The first three bank statements I reviewed, still had my escrow account balance at - {$26000.00}. They never adjusted this to reflect that this amount was in the prepetition arrears. The section stating : Summary of amounts past due before filing for bankruptcy states Currant balance {$49000.00}. This is also incorrect the proof of claim Bayview Loan Servicing filed on XX/XX/XXXX reads {$47000.00}. The incorrect balance is on three statements ; Dates on statements XX/XX/XXXX, XX/XX/XXXX & XX/XX/XXXX. On statement dated XX/XX/XXXX is showing the correct {$47000.00}. In my escrow balance on the same statement dated XX/XX/XXXX was now showing - {$32000.00}. They were still adding escrow advance payments. After the audit I did on these bank statements and the 1098 tax form, all my postpetition payments were applied to my prepetition arrearage. Not one of my postpetition payments were applied correct. They also continue to charge legal fees, attorney fees, late fees, 2 months after I filed my Bankruptcy petition on XX/XX/XXXX. Thru the audit, Bayview Loan Servicing paid attorney fees with my mortgage payment. I contacted my attorney and I received a call back from the paralegal XXXX, not XXXX XXXX, and I had explained to XXXX that all my post petition payments were being applied in prepetition and his words to me was Bayview can post the my post petition payments where ever they want!!! He kept letting me know that they reason why I got the relief of stay was because I missed 3 months of post petition payments, which I knew I was not disputing this. I was disputing the Bankruptcy payments. He did not want to listen to what I was saying, he told me that I wasted an hour of his time, and I was not listening to him. I informed the paralegal that I did not retain you as my lawyer. All documents filed with the courts was done by XXXX XXXX, and I needed to speak to my lawyer. To this day I have never spoken or meet with XXXX XXXX. I could not pick him out in a crowed room or a police line, cause I don't know what he looks like. XXXX XXXX did not show up for the XXXX meeting we had on XX/XX/XXXX. They lawyer that did show up was late, and I was not able to catch his name. I did ask for his business card, in which he said that he would give that to me. When he left the XXXX meeting to retrieve his business card, he never returned. He left the building. I never saw him again. Once I finished gathering all my BKXXXX documents, which I never received copies of from my attorney and the attorney for Bayview Loan Servicing, which they state on those documents they were mailed to my home. I had to establish an account with Pacer to retrieve those court documents. I also found a document filed by my attorney that someone forged my signature. As soon as I started researching the laws of my bankruptcy case and what RESPA means. I wrote the letter " qualified written request '' to the new name Community Loan Servicing fka : Bayview Loan Servicing. It was sent certified priority mail on XXXX XXXX. I have attached all the documents mention in this complaint. As of today I have not heard back from Community Loan Servicing that they have received my letter. In which they have 5days to respond that they received the letter and 30 days to respond. I also sent a copy of the qualified written request to their attorneys as well. I also stated to their attorneys the error of the {$49000.00} on the first three bank statements and on the fourth one is was corrected. Why wasn't the escrow account balance fixed as well? I have also called Community Loan Servicing twice to get answers and both times they have disconnected the call, so when I called back I got a new rep and had to explain the situation again, and they would disconnected the call when I mention my BK case and my post petition payments.

Company response to consumer: Closed with explanation