Consumer complaint received 2019-09-11
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: VA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
THIS IS THE RESPONSE TO CFPB COMPLAINT XXXX THAT WAS PREMATURELY CLOSED. THIS LETTER WAS SENT TO CFPB ( ALONG WITH ATTACHMENTS TO SUBMIT EACH CLAIM ) AND OTHER AGENCIES ON XXXX XX/XX/XXXX : XXXX XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, DC XXXX REF : Submission number : XXXX Greetings, 1.  Per Bayviews   Customer Account Activity Statement that they provided in response to the above claim, they are showing TWO late charges for XX/XX/XXXX, one for XX/XX/XXXX, one for XX/XX/XXXX, and one for XX/XX/XXXX. I HAVE NEVER BEEN LATE! Alleged fraudulent, deceptive and racketeering activity a. However, the attached canceled checks are showing that I have sent the following payments ( MANY VIA CERTIFIED MAIL SINCE BAYVIEW FAILED TO SEND ME MONTHLY STATEMENTS ) ( See attachment # 1 ) as shown below each and every month : PAYMENT FOR MONTH CHECK MAILED XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( FOR XXXX ) XXXX XXXX XXXX XXXX XXXX 2. Bayview stopped sending me monthly statements in XX/XX/XXXX. This is a clear violation of 12 CFR 1026.41 - Periodic statements for residential mortgage loans. I notified Bayview and the Court ( Case 3:18-cv-00435 ) of this violation twice and the documents were received and filed in The United States District Court for the XXXX District of Virginia on XXXX XX/XX/XXXX ( See Attachment # 2, Paragraph # 2 ) and XXXX XX/XX/XXXX ( See Attachment # 3, Paragraph # 2 ). 

a. Bayview Loan Servicing FAILED to send me monthly statements and instead chose to send them to an address in XXXX XXXX, Virginia. This was done from XX/XX/XXXX through XX/XX/XXXX. In addition, Bayview is showing various amounts as the Total Amount Due for each month, ( See Attachment # 4 ) Alleged fraudulent, deceptive and racketeering activity MONTH BAYVIEW TOTAL AMOUNT DUE SENT XX/XX/XXXX FOR XX/XX/XXXX {$28000.00} SENT XX/XX/XXXX FOR XX/XX/XXXX {$28000.00} SENT XX/XX/XXXX FOR XX/XX/XXXX {$8400.00} SENT XXXX XXXX FOR XX/XX/XXXX {$14000.00} SENT XX/XX/XXXX FOR XX/XX/XXXX {$11000.00} SENT XX/XX/XXXX FOR XX/XX/XXXX {$12000.00} SENT XX/XX/XXXX FOR XX/XX/XXXX {$12000.00} SENT XX/XX/XXXX FOR XX/XX/XXXX {$6000.00} SENT XX/XX/XXXX FOR XX/XX/XXXX {$11000.00} a. This is clearly in violation of the Fair Debt Collection Practice Act. Bayview sent TWO statements out for XX/XX/XXXX with different Total Amount Due amounts and two statements out for XX/XX/XXXX with different Total Amount Due amounts. Alleged fraudulent, deceptive and racketeering activity 3. Bayview Loan Servicing stated in their response ( dated XXXX XX/XX/XXXX ) that as the date of this correspondence, Ms. XXXX mortgage loan is due for the XX/XX/XXXX installment. HOWEVER, my cancelled checks in attachment # 1 shows that my XXXX payment was mailed on XXXX XX/XX/XXXX and Bayview ( XXXX XXXXXXXX XXXX ) processed it on XXXX XX/XX/XXXX, THREE days prior to their correspondence! How did they not verify the information prior to adding it to their response? Bayview also showed the Total Amount Due as {$11000.00}! 

b. Bayview Loan Servicing stated in their response ( dated XXXX XX/XX/XXXX ) stated that Bayview added a litigation fee in the amount of {$9100.00} to Ms. XXXX monthly mortgage statement. However, pursuant to the Courts Order of XX/XX/XXXX, Bayview removed the litigation fee from her mortgage statement. However, inflated unknown fee is still showing on my statements! Alleged fraudulent, deceptive and racketeering activity c. Bayview Loan Servicing , XXXX XXXX XXXX, Mortgage Electronic Registration Systems and XXXX XXXX XXXX ALL have failed to send me my Mortgage Transfer Disclosure as mandated by 12 CFR 1026.39 - Mortgage transfer disclosures ( ( b ) Disclosure required. Except as provided in paragraph ( c ) of this section, each covered person is subject to the requirements of this section and shall mail or deliver the disclosures required by this section to the consumer on or before the 30th calendar day following the date of transfer. ). I have NEVER received a Mortgage Transfer Disclosure. Alleged fraudulent, deceptive and racketeering activity d. In XXXX, XXXX XXXX XXXX ( the alleged original lender ) provided sworn testimony to the Court ( XXXX County, Virginia ( XXXX ) ) stating that the loan mortgage loan was sold and transferred to XXXX XXXX XXXX  XXXX. on or about XX/XX/XXXX ( Attachment # 5 ). XXXX XXXX XXXX filed court documents ( United States District Court XXXX District  of Virginia ( Case XXXX Document 10 Filed XX/XX/XXXX Page 3 of 16 PageID # 87 ) also states XXXX sold and transferred the first loan to XXXX XXXX XXXX  on or about XX/XX/XXXX. ( Attachment # 6 ) However, once Conference Calls were held with the Court, XXXX XXXX XXXX suddenly changed their material facts and sworn testimony and stated that the First loan was sold to XXXX. ( Attachment # 7 ) Alleged fraudulent, deceptive and racketeering activity e. Bayview Loan Servicing and XXXX XXXX XXXX provided documents WITHOUT any type of endorsement. Then, poofjust like that, they provided documents with an alleged XXXX endorsement and known alleged robosigners. ALTHOUGH XXXX never had anything to do with my mortgage/note. ( Grouped as Attachment # 8 ) Alleged fraudulent, deceptive and racketeering activity f. At a minimum, the alleged changing of sworn testimony and documentation is in violation of Federal ( 18 U.S. Code 1621. Perjury generally ) and State ( Code of Virginia : 18.2-434, 18 U.S.C. 1001 AND Virginia Code 18.2-435.  Alleged fraudulent, deceptive and racketeering activity 4. The Deed of Trust states " and the Beneficiary, Mortgage Electronic Registration Systems , Inc. ( MERS ) ( solely as nominee for Lender, as hereinafter defined, and Lenders successors and assigns ). 
a. I was never informed of the MERS and XXXX Patent/Security Agreement ( In XXXX, XXXX acquired XXXX, and modified that better-known name to become XXXX XXXX XXXXXXXX ). 
g. This major omission was allegedly in violation of 15 U.S. Code 1125 - False designations of origin, false descriptions, and dilution forbidden. This omission is also allegedly prima evidence of the fraudulent conspiracy orchestrated within the banking system. Alleged fraudulent, deceptive and racketeering activity 5. I am also a victim of the Libor manipulation. Alleged fraudulent, deceptive and racketeering activity 6. This entire mortgage was based on alleged fraud since inception and throughout the entire process and Fraud vitiates all contracts! 

7. This alleged massive fraud is so blatant and evil and must be stopped immediately! It is evident and documentation has shown that the mortgage/note contain many alleged legal violations, alleged contract breaches, alleged mortgage fraud, alleged broken chain of title as well as many other problematic issues. I have been fighting this battle for almost TEN Years and have reported this alleged continued misrepresentation and active concealment. 

8. Due to the massive discrepancies and alleged fraud   upon the Court, I am alleging that XXXX ( and/or Bayview Loan Servicing ) is not the holder in due course nor ever took possession of the note and thus has no claim or rights concerning the note. Therefore, Bayview Loan Servicing does not have any interest to the note! 

9. Constructive fraud ( Blacks law dictionary ) - " all acts, omissions, and concealments involving breach of equitable or legal duty, trust or confidence, and resulting in damage to another, 38 Cal Rptr. 148, 157 ; i.e. no scienter ( intent to defraud ) is required. Thus the party who makes the misrepresentation need not know that it is false. '' I am respectfully requesting that you take the appropriate action to provide me my due justice in this matter as well as implement my lawful Federal and State Crime Victims Rights. 


Very Respectfully,

Company response to consumer: Closed with explanation