Consumer complaint received 2020-09-24
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:
RE : XXXX XXXX XXXX, XXXX, MA, XXXX Good afternoon. 

As per prior complaints, XXXX XXXX attempted to sell my house at auction with no communication. They have now transferred the mortgage to Bay View. Bay View refuses to communicate with me, as well. 
The transfer appears to have taken place in XXXX. 

XXXX XXXX  claimed for years that I was not on their mortgage and refused to speak with me, yet tried to sell my house at auction, after refusing to speak with me about the status of the loan ( XXXX XXXX is on the note, and his attorney is XXXX XXXX, in XXXX ). 

I was forced by XXXX XXXX to pay XXXX XXXX 's debt to XXXX XXXX, to save our house from foreclosure. 

As discussed, I paid the downpayment for XXXX XXXX XXXX, XXXX, MA, XXXX in XXXX. 

XXXX XXXX is solely on the note. 

We are both on the title. 

XXXX XXXX and Bay View continue to refuse to communicate with me about my property. 


Further details : XXXX XXXX XXXX, XXXX, MA, XXXX XXXX XXXX defaulted on the note for this property in approximately XXXX, and XXXX XXXX refused to let me work out a deal to take over the note and save the house. 
XXXX XXXX then tried to sell the house at auction. 

I was given the right to manage the property in XXXX court. XXXX XXXX was ordered to stay out of the house. 

Now the mortgage has been transferred to Bay View, and Bay View refuses to speak with me about the status of the  mortgage/property/loan. 

To make matters worse, XXXX XXXX XXXX in XXXX XXXX XXXX is also refusing to accept our payment for month month rental of our apartment, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, NY XXXX, for XXXX. They are threatening to keep our security deposit. 
See message below. They have already deposited month to month checks for prior months. I believe that their actions are against the law. 


-- -- -- -- -- Forwarded message -- -- -- -- - From : XXXX XXXX XXXX Date : Wed, XX/XX/XXXX at XXXX XXXX   Subject : RE : Hi, XXXX. Please deduct and XXXX rent .... 
To : XXXX XXXX XXXX Cc : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX ... I am not sure what check you are referring to but as Ive said in a prior email, you have a balance of {$15000.00}. Your check may have been returned because youve not made payment in full. Your lease expired at the end of XXXX. We have accepted payments in XXXX and XXXX. You have not missed a payment since your lease ended, until now. Please let us know when you will be making payment of your arrears. 


As for your deposit, as Ive written to you before, a resident can authorize the landlord to use the security to apply to the last months rent but the rent must be paid in full in the months prior to your vacating which XXXX has not been paid and that there are no damages to the apartment beyond wear and tear where the landlord can draw down from the deposit to cover the repairs costs. You have not performed your walk through as of yet, so I do not know if there are any damages to consider at this point. 



As for this alleged person you have referred to, I dont know the circumstances or who you are referring to but if this person did not make payments of rent that he owed, this person destroyed his own credit, not the landlord. 



As for your moving on XX/XX/XXXX, since you will be in occupancy after the first of the month, the landlord is entitled to collect rent for the month of XXXX. Please confirm that you will be making that payment. 



Please let me know how you wish to proceed. 



Thank you XXXX XXXX XXXX Property XXXX XXXX XXXX XXXX, XXXX. 

XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, NY XXXX XXXX Direct XXXX Main XXXX Regards, XXXX XXXX XXXX

Company response to consumer: Closed with explanation