Consumer complaint received 2017-07-12
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. 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. I will first deal with their response to item 1 of complaint XXXX. XXXX Bayview wrote : " 1. He is currently in court because he file an Order to Show Cause ( " OSC '' ) and a Temporary Restraining Order ( " TRO '' ) against Bayview Loan Servicing , LLC ( " Bayview '' ) due to their illegal attempts to add an escrow account to his loan accounts. Bayview also changed his monthly payments to include the escrows. He states Bayview depicts his accounts as escrow accounts, but they are not really escrow accounts. To address item 1 above : Our records indicate that responses addressing similar concerns were sent to XXXX XXXX on XX/XX/XXXX, and XX/XX/XXXX ( copies enclosed ). XXXX XXXX may continue to contest the validity of the debt owed to the co-operative, and should he prevail, Bayview will credit the escrow account as appropriate upon receipt of any refund. '' XXXX RESPONSE : I. Bayview had no contractual or legal basis to set up escrow accounts 1 ) Bayview has no authority to set up an escrow account for anything other than what is prescribed in contractual obligations. The law is clear that escrow accounts are for taxes and insurance. Bayview itself states that these accounts are not escrow accounts, so how could it set up an escrow account without my permission. ( see attached XX/XX/XXXX letter from Bayview ) 2 ) There is no legal authority to force a escrow account other than for taxes and insurance. HOA 's are not taxes or insurance. XXXX Force-placed insurance does not allow for this and the only other time an escrow can be set up is by mutual consent. There was none given and there is none given now. 3 ) Bayview issued checks which stated they were for Hazard insurance to the cooperative in XX/XX/XXXX. ( see attachment ) II. Bayview had no contractual or legal basis to make payment to the cooperative for alleged arrears of HOA 's after the default period. 1 ) Bayview consistently states that it made payments to the cooperative pursuant to its " loan security agreement paragraph 3 '' ( see attached ). The problem with this argument is that the default stated in paragraph 3 says to " Actions by Lender to Prevent Default ''. The lease had already been defaulted in early XXXX, and terminated in XXXX and XXXX. How could it have " prevented a default '' when the default had already occurred and two notice to terminates had already been served. 2 ) The paragraph the lender may have had available to it was paragraph 4 referring to " events of default ''

Company response to consumer: Closed with explanation