Consumer complaint received 2017-11-27
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: AZ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
The borrowers accept the Loan Adjustment Agreement or permanent modification agreement dated XX/XX/XXXX, and are willing to sign the document if Sub-servicer Bayview Loan Servicing LLC agrees to the following : A ) Remove the illegal waiver B ) Truth and Lending Act and Regulation Z require disclosure of fees, payments, principal interest, escrow, date payment increases the Federal Reserve, the Consumer Financial Protection Bureaus KNOW BEFORE YOU OWE by disclosing Modification fees, escrow, payments, principal and interest C ) A statement indicating all payments are current and that there are no past due payments on the Loan Adjustment Agreement or Modification Agreement and on XX/XX/XXXX, the borrower is current and what the current monthly payment amount due is. 
D ) Allow time to have a attorney review the document. 
A. REMOVE THE ILLEGAL WAIVER AS A CONDITION FOR APPROVING THE MODIFICATION On XX/XX/XXXX, borrower reviewed the Loan Adjustment Agreement or Modification Agreement dated XX/XX/XXXX. On multiple occasions Bayview Loan Servicing LLC, has demanded borrowers sign illegal waivers demanding borrowers to give up their legal rights to a trial by jury. On XX/XX/XXXX, Sub-servicer Bayview Loan Servicing is demanding another waiver worded differently but demanding the same. 

The illegal waivers violate the Consumer Financial Protection Act as well as our rights under RESPA, TILA, TRUTH AND LENDING AND REGULATIONS X, under providing rights, responsibilities, or procedures for consumers or financial institutions for consumer credit contracts. 

The illegal waiver demands borrowers to give up several important legal rights and puts the borrowers at the mercy of Bayview Loan Servicing LLC : The illegal waiver demands borrowers to give up their rights to a trial by jury. 
The illegal waiver demands Bayview Loan Serving LLC right to dual track borrowers unlimitedly through this modification agreement. 
The illegal waiver demands borrowers cant hire an attorney The illegal waiver demands borrowers cant make any claim to attorney fees and cost against lender for a pending foreclosure action that the lender voluntarily dismisses. 

The illegal waivers put into the Loan Adjustment Agreement or Modification Agreement dated XX/XX/XXXX, states the following : Borrower agrees not to make any claim to any attorney fees and costs against Lender in the event there is a pending foreclosure-case/action which is voluntarily dismissed by Lender as a result of this modification agreement or similar settlement reached between the parties. Borrower acknowledges that a voluntary dismissal by Lender under such circumstances shall not make the Borrower the prevailing party in such foreclosure action/case for the purposes of this section, Please also remove the other conditional waiver put into the package again requiring us to give up our rights to a trial by jury. ( See Exhibits Attached ) as conditions for approval for the Loan Adjustment Agreement or Modification Agreement. 

B ) KNOW BEFORE YOU OWE DISCLOSE LOAN INFORMATION UNDER TRUTH AND LENDING ACT B1. Due to paying trial modification payments for over a year what part of the loan are those trial modification payments applied to? 
B2. A Break Down of the amount to be added to the loan and a itemization and listing for each amount of fees and what they are for. 
B3. A Break Down of the monthly escrow amount and an itemization listing what the fees are for for example how much is being paid to taxes each month and how much for insurance each month. 
B4. What is the starting amount you are putting into escrow and will it cover taxes and insurance?

B4. What the principal and interest payment is?

B5. What the balance left on the balloon is after the 23 payments left on the loan are paid B6. Is there a penalty for paying the loan off early? 
B7. Will we have access to pay our account online and have full online access like other Bayview customers? 

C ) A STATEMENT INDICATING ALL PAYMENTS ARE CURRENT AND THERE IS NO PAST DUE A statement indicating all payments are current and that there are no past due payments on the Loan Adjustment Agreement or Modification Agreement and on XX/XX/XXXX,  the borrower is current and what the current monthly payment amount due is. 
D ) ALLOW A ATTORNEY TIME TO REVIEW THE DOCUMENT On XX/XX/XXXX, We are scheduled for an attorney to review the document. We need extra time for the attorney to review the Loan Adjustment Agreement or Modification Agreement. Therefore, we are requesting an extension from Loan Adjustment Agreement or Modification Agreement due date of XX/XX/XXXX be extended to a due date of XX/XX/XXXX.

Company response to consumer: Closed with explanation