Consumer complaint received 2019-02-27
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
On 1XX/XX/XXXX, I called and spoke with a Bayview Loan representative regarding a mistake on their escrow analysis letter, dated XX/XX/XXXX. It showed they over paid my property tax bill by {$1700.00}, which caused an incorrect projection of escrow required for XX/XX/XXXX. On XX/XX/XXXX, I forwarded to Bayview the corrected county tax bill of {$2600.00} for their handling and payment, instead they paid {$4300.00}. The Bayview over-payment has also resulted in an incorrect projection of escrow for XX/XX/XXXX causing an increase of future escrow payments of {$110.00} per month for twelve months. 

The Bayview representative reviewed my escrow account and found a note that indicated the XXXX XXXX XXXX 's office had returned the over-payment portion in XX/XX/XXXX. Although the escrow account was noted, Bayview had  not reapplied the {$1700.00} credit, nor had they informed me of any corrections. The representative suggested I forward Bayview a detailed letter with copies of any supporting documentation in order to make corrections.

On XX/XX/XXXX, I forwarded a letter to Bayview Loan informing them corrections needed to be made on my escrow account. Specifically, I asked they reapply the credit of  {$1700.00}, recalculate my escrow payments for XX/XX/XXXX based on the XX/XX/XXXX actual property tax & homeowner 's insurance amounts, apply only the proper escrow cushion amount and to refund the escrow overage that has developed over the last two years. I also informed Bayview they have a fiduciary duty to correct all problems on my non-interest bearing escrow account. 

Bayview responded to my escrow complaint letter with a loss mitigation letter dated XX/XX/XXXX concerning delinquency and collection/foreclosure. I again contacted Bayview on XX/XX/XXXX to inform them my loan is paid-to-date and their representative informed me to disregard the loss mitigation letter. I also received a 2nd escrow analysis letter dated XX/XX/XXXX showing no corrections from the prior escrow analysis letter, other than the monthly escrow amount being lowered by {$75.00} with no explanation. I called Bayview on XX/XX/XXXX and the representative informed me that they would get the {$1700.00} applied to my escrow account and issue a new escrow analysis letter. Bayview also sent me an escrow overage check, dated XX/XX/XXXX, in the amount of {$240.00} without an explanation of how they arrived at this figure. I sent the check back to them to be reapplied to my escrow account, until we could resolve the correct amount of escrow overage to be refunded to me. At this point, I felt that I was being harassed by Bayview Loan.

Bayview finally sent me a 3rd escrow analysis dated XX/XX/XXXX pushing the escrow yearly calculation back by one month. This escrow analysis has the proper calculation of my taxes/insurance for XX/XX/XXXX. Please note that Bayview finally showed the tax over-payment as a credit of {$1700.00} on XX/XX/XXXX that was referenced in my XX/XX/XXXX monthly statement. Left to be resolved is the correct amount of escrow cushion that Bayview is allowed by federal law to hold. The new calculated monthly escrow amount is {$640.00} x 12 months through XX/XX/XXXXand equals {$7700.00} for taxes and insurance in XX/XX/XXXX. 

Previously, I had informed Bayview that it is my understanding their escrow calculations should include an escrow cushion at 1/6th the yearly escrow amount, which indicates a new escrow cushion of {$1200.00}. However, my escrow balance going into this XX/XX/XXXX yearly calculation is {$5400.00}. Therefore, I believe Bayview Loan is in violation of federal law by withholding my escrow overage amount of {$4100.00}, which should have been forwarded to me within 30 days of their corrected analysis of XX/XX/XXXX. Can you please provide my with some assistance without the need of me having to hire an attorney in this matter. Thank you.

Company response to consumer: Closed with explanation