Consumer complaint received 2019-06-05
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: TX
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Dear CFPB, This is my recollection of events as I tried to work with Bayview Mortgage upon the death of my mother and the management of her estate. 

Following the passing of my mother, we proceeded to follow through with managing her estate and filing any necessary paperwork. As I had been living in the XXXX, XXXX   and XXXX home with her over the course of her demise, my husband took on much of the administrative work. 

One of the first things we did together was hire a probate attorney out of XXXX, TX. He advised us to continue paying on the mortgage and informed us that our home might also qualify as a Texas XXXX since I was the only heir living in the residence at the time of mom 's passing. He also told us to keep paying on the mortgage in her name, and we did. We payed on the home all of XXXX and into XXXX of XXXX. Without notification or correspondence, we were locked out of the mortgage portal that my husband had been using to pay the mortgage. XXXX XXXX  was no longer allowing my husband access and he was prevented from paying ( he was not on the estate ). Our mortgage was current at the time. We built the home 14 years ago and have lived in the home, paying the mortgage on time for 14 years. My husband called the mortgage company ( XXXX XXXX XXXX ) and they said they had sold our mortgage to Bayview. We informed XXXX XXXX XXXX that we were in probate, and she apologized to us saying something to the effect of the right hand not knowing what the left hand was doing at her company, implying that it was a mistake. She told us payment was not due on the mortgage during probate and also not due because the loan was not in my name. ( We have since learned that both were false ). We stopped paying as instructed, and anticipated that Bayview would allow us to assume the mortgage and restart payments. She also told us to send the Probate Court Orders, Death Certificate and other documents to Bayview since XXXX XXXX  no longer owned the note. Under the instructions of our attorney, we thought we could assume the mortgage while we were still in probate, so it was a surprise that they sold it. 

The first time we talked to Bayview was on or around XX/XX/XXXX, they said they couldnt talk to me. This is where we started encountering real problems as Bayview would not allow me to speak with them, claiming I was not authorized to speak with them regarding the account. We spoke with a woman named XXXX and sent all of our documents ( Probate Court Order, Death Certificate, Oath of Independent Executor, and Letters of Testamentary ( this according to the stated document needs in their flyer ) to her, including a letter of authorization for my husband to speak to them on my behalf. The Letters Testamentary should have been enough as it its the court order stating there was a will, that I am the Sole Heir and Inheritor, and that I am the Executor of the Estate and able to speak with them about this property. 

Meanwhile, my husband became very ill during the early months of XXXX. He was hospitalized for a week starting XX/XX/XXXX. He had been mistreated by previous doctors and had developed XXXX. His XXXX XXXX was shutting down and I was told he had the worst XXXX the physician had seen. They also told be if we had brought him in two days later, he would have not survived. It took my husband several months to recover. This is the reason for our slowness in follow-up. We expected Bayview to contact us ( as XXXX said she would ) about assuming the mortgage and for me to be authorized to talk to them. Later, my husband recontacted XXXX around XX/XX/XXXX. She said they had lost the documents and asked for them to be resent, which we did. We were waiting for them to contact us again regarding assuming the mortgage. 

During this time we were receiving documents calling our whole mortgage due, around $ XXXX. We also had several conversations with their debt collectors who called often. We attempted to explain our situation to them but we're met with frustration. My husband became sick again and was taken to the Emergency Room XX/XX/XXXX after two months of an unknown illness. Then a month ago, we recontacted Bayview and they said had lost the documents again. We sent them and included the sent email with the attachments from the first time we had sent the document to XXXX in XXXX, demonstrating our previous attempts to supply these needed documents. We did receive documents informing us of a court date from Bayview 's lawyers. The documents stated that the court may decide on a default judgment if we do not appear in court. We looked at the date when we got the documents and the Court Date had already passed three weeks before we had received the certified letters. 

I called Loss Mitigation department twice, once on XX/XX/XXXX and was on hold for two hours and fifteen minutes, then another time on hold for one hour. I finally got through. I talked with a man who, after pulling up and reviewing my file, was surprised to hear that my mom was deceased and that we were in Probate. He said that this is why the house had gone straight through to foreclosure, indicating that if they had received documents, it might not have, or at least at a slower pace ( but we had already sent them twice. ) I re-sent, again, the documents to Bayview this time to ( XXXX ). I was told to include ; Proof of Death ( thats what the Letters Testamentary does ), court orders ( thats what the Letters Testamentary also does ) and Mom 's Will and any proof of my rights to the property ( Again, thats what the Letters Testamentary proves ). 

We were also told to wait 3 to 5 days for the information to propagate their system. When I called back I was transferred to a different department and spoke with XXXX ( I have reason to believe she did not give her real name ). She also said she could not talk to me, that authorization had not happened. I asked if they had received our documents, and she said " no '' ( that would be the third time Bayview lost them ), then said she saw something with my name, then said again " I am not allowed to talk to you. '' She said that they had looked into authorizing me but that they were missing documents from me. I asked what those documents were, stating that I would send them immediately that day. She said that she could not tell me what documents were needed. So I restated, You need documents from me but you cant tell me what they are? She said, Yes. How am I suppose to know what the documents are that you need? Am I suppose to guess? I asked nicely. She became very angry with me and said No!! Youre not suppose to guess! But still she would not tell me what documents they claim they needed. She said that she was going to send an email to XXXX and open up a task bar. She said XXXX would be calling me in 3-5 days. I have not heard from XXXX. 

Meanwhile, we have heard from their lawyers pressing us into foreclosure even though we are in an inherited homestead and still in probate. Our court date for Forclosure is XX/XX/XXXX and our house is to be sold on the courthouse steps. I am responsible for the estate, but neither I, nor my husband are on the Note, as only my mom took out the loan to begin with. How are we to resolve our issues with Bayview, either through Mortgage Assumption, LossMitigation or Estate Home Sale, if we can not get them to speak with us. 

We need help as we can not get Bayview to speak with us. 

Documents : 1. Notarized Proof of Identity and Death Certificate 2. Mom 's Will 3. Letters Testamentary 4. Permission Letter for Husband to Administration 5. Inventory for Estate 6. XXXX XXXX Last Payment XX/XX/XXXX XXXX. Last Bayview Bill a. Notice the document doesn't say its to : The Estate of... 
8. Estate Court Case Document

Company response to consumer: Closed with explanation