Consumer complaint received 2019-01-17
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: WA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
I was given a home loan from XXXX in XX/XX/XXXX. I signed my loan documents on XX/XX/XXXX and it closed on XX/XX/XXXX. I never recieved a final HUD settlement and only have had them be able to produce on dated XX/XX/XXXX. When my mortgage documents where filed the notatary stamp and signature on page 14 or 15 doesn't match or look like the ones contained in my deed. Futher the document was edited by adding in county of Hawaii in upper left but was never intialled by the notary or me which is required when a change is made to a document. The three page promissory note that the servicer and XXXX XXXX XXXX XXXX XXXX as trustee claim to prove internet and ability to foreclose contain no notary stamp, no date on signature page, a signature that isn't mine, and didn't contain any indorsment from XXXX XXXX till after XX/XX/XXXX. Prior sevicer had sent documents that had a promissory note not containing the endorsement and one containing the endorsment. There is futher an assignment that was done in XX/XX/XXXX from XXXX to XXXX which is an assignment of mortgage. It was requested by XXXX XXXX and done by an officer XXXX XXXX of XXXX out of a flordia address. There is no evidence showing that XXXX XXXX had ownership of my mortgage or note to do this transfer and no documents showing chain of title from XXXX to XXXX to XXXX to XXXX which would be required when transferring the note. XXXX was to be listed as the nominee for the lender and if directed by the lender had the power to sell or transfer the mortgage no where does it state that XXXX had any power or ownership of the note. Even if they did they have no license in XX/XX/XXXX to sell a mortgage or assign a mortgage or to do business in general. This avoids any normally taxes or fees that would be associated with a normally assignment or sale of a mortgage. Futher since in XX/XX/XXXX XXXX no longer exsisted there was no directions given by a lender and no proper endorsments to show a legal chain of title. XXXX   was given certain abilities which where outlined in the discloser that the lender provided and in no way states XXXX at ots own discreation could assign my nortgage. Futher the assignment is two pages of the XXXX  the first is all the info about the mortgage and signature by XXXX officer and on the second is the notary stamp and signature contains no page numbers and has hand written in assignment of mortgage XXXX XXXX XXXX. 
There is nothing showing or verifiying that these documents where produced at the same time and if either the XXXX  officer or notary had knowledge of them being signed at the same time. XXXX XXXX was illegally made the servicer when there was never any notice given to me that is required when the servicing of the loan is transferred. This loan was also supposed to be part of a mortgage securities certificates and was required to close under a PSA agreement and follow certain guidelines which would at that time require the mortgage and note to be transferred. This never accured and therefore never became part of a certification series overseen by a trust company. This makes the mortgage null and void as it was never properly sold or transferred from XXXX XXXX to anyone. Futher XXXX XXXX changed and set the interset rate at XXXX for almost 5 years and never once changed it even though it was an adjustable rate mortgage. The current servicer has started raising the interest rate and has failed to provide the required documents showing what the adjustment is based off and why it is changing the amount it has. The mortgage has also been in and out of court since XX/XX/XXXX and the XXXX  as trustee has never been able or produced any documents stating the have interset in the property and the right to foreclose. XXXX as trustee futher has no license or office in Hawaii to be able to deal with mortgages and neither does the current servicer XXXX homeloans. XXXX XXXX or Bayview XXXX has produced verification that they can do business in regards to mortgages in the state of hawaii. The mortgage contains a notary stamp on page 14 that doesn't look like the notary on other documents, has no areas crossed out showing gender and party, contains alterations never signed or endorsed, lacks the rubber stamp with notaries name and number. The promissory note contains a signature that isn't mine, no dates on third page by signatured, was not filed along with mortgage, no notirizing to verify I signed it, has been produced with and without an endorsement in blank by XXXX in XX/XX/XXXX, no witness signstured, wasn't signed by the lender or bank, and has not been provided with wet signatured or in original size. The burden should be on the servicer and XXXX to provide proof that these documents are not fraudulent. That the assignment was not fraudlent.

Company response to consumer: Closed with explanation