Consumer complaint received 2017-07-07
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
This is being filed against Bayview Loan Servicing LLC. I have had numerous previous complaints filed in which BLS just makes willfully false statments. The last such complaint was XXXX. <P/>I am going to do this now by just dealing with one issue per complaint rather than identifying various correlated issues. This will compel them to just deal with one per complaint so that the semantically games, and other attachments they submit that are incomplete and incorrect, mostly irrelevant or uncorroborated, and uncorroborable without the proper and full depiction is not further used as the ruse they commonly initiate to inundate you with a lot of papers of little to no substantive value. <P/>
I will first deal with their response to item 3 of complaint XXXX. <P/>XXXX Bayview wrote : " 3. He request that Bayview send him the name and contact information of the owner of his loan accounts. Bayview provided him with just a name and address and stated the owner of the loan was XXXX XXXX XXXX. He contacted XXXX XXXX and spoke with XXXX XXXX, research analyst for XXXX XXXX. XXXX. XXXX informed him that XXXX XXXX is the master servicer, and XXXX XXXX is the owner of the loan. XXXX. XXXX also inform him that she needed to reach out to Bayview to inform that they had not provided him with correct information. To this date, XXXX. XXXX states he has not received the name and contact information of the true owner of his loan accounts. '' " To address item 3 above : '' Our records indicate that on XX/XX/XXXX, we sent XXXX. XXXX correspondence indicating that the owner of the loan accounts was XXXX XXXX XXXX. However, this information was found to be incorrect. Bayview apologizes for the error and any inconvenience it may have caused. Please be advised that on XX/XX/XXXX, we send XXXX. XXXX a letter identifying the correct owner of the loan as XXXX XXXX XXXX as XXXX, XXXX XXXX XXXX, XXXX XXXX, MN XXXX, XXXX ( copy enclosed ). '' XXXX The complaint on this item alone by me is that : 1 ) Bayview made a false statement that it initially provided me with XXXX XXXX XXXX as the owner of the loan on XX/XX/XXXX. In fact they gave me that information after numerous requests in XXXX, and early XXXX on XX/XX/XXXX ( XXXX ). ( see attachment BLS Validation of Debt ... ) 2 ) Bayview further has not provided me with correct information regarding the contact information and possibly the true owner of the loans to date. The phone number provided by Bayview XXXX is not a number available for use by myself. It is only for investors who hold parts of the investments with XXXX XXXX. I still can not ascertain whether this is the actual owner, or what the particulars of the agreement are ( if there is one ). I sent BLS a letter ( email ) in response to that issue of the incorrect phone contact number, etc, and have heard nothing back from them or their attorneys. ( see attachment Print Bayview Failure to provide proper phone numbers ) As such Bayview is minimally in direct violation of Part 419. Servicing Mortgage Loans : Business Conduct Rules ( Statutory Authority : Banking Law Article 12-D ) 419.2 Servicer duty of fair dealing A Servicer has a duty of good faith and fair dealing in its communications, transactions, and course of dealings with each borrower in connection with the servicing of the borrowers mortgage loan. This includes, but is not limited to, the duty to : a ) Safeguard and account for any money handled for the borrower ; b ) Follow reasonable and lawful instructions from the borrower consistent with the underlying note and mortgage ; c ) Act with reasonable skill, care and diligence ; d ) Promptly provide the borrower with an accurate statement of account in accordance with Part 419.7 ( b ) ; e ) Make borrowers in default aware of loss mitigation options and services offered by the Servicer in accordance with Part 419.11 ; f ) Provide trained personnel and telephone facilities sufficient to respond promptly to borrower inquiries regarding their mortgage loans ; and d ) Pursue loss mitigation with the borrower whenever possible in accordance with Part 419.11. <P/>419.4 ( d ) Consumer complaints and inquiries Within 10 days of receiving a request in writing from a borrower or the borrowers authorized representative, a Servicer shall provide the borrower with the name, address, phone number or email address, if available, and other relevant contact information for the owner or assignee of the mortgage loan. <P/>Furthermore 419.4 ( e ) it further states that the loan servicer In addition to the information required to be disclosed under this section, a Servicer may, at its option, provide any other information regarding the servicing of the loan that it believes would be helpful to a borrower, provided that such additional information does not contradict or obscure the required disclosures.

Company response to consumer: Closed with explanation