Consumer complaint received 2017-04-30
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: MA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
In  XXXX   XXXX  after being laid off from my job and subsequently experiencing ove r six months  of unemployment, I began the process of exploring options for a loan modification. It was explicitly stated  toBayviewLoan Servicing that  our intent was tokeep our home. This intent was initially met with positive response fromBayviewLoan Servicing, committing that they would work with us to reduce our monthly payment.     At firs t, a Bayview asset manager wo rked with me to qualify for a reduced monthly payment during my period of unemployment. We paid our monthly mortgage amount each month according to this agreement. Having regained employment in  XXXX   XXXX  at a pay rate lessthan I was previously making, our continued objective toreduce our monthly mortgage payment and keep our homewas clearly stated throughout the review process withBayviewLoan Servicing andacknowledged by Bayview staff. At this point  (   XXXX   XXXX   ),  we had submitted all required paperwork and my assigne  d Bayview asset manager instructed me toNOT PAY on our mortgageas a modification was expected to be finalized within 30 days.
For the next 3 months representatives of BayviewLoan Servicing   began requesting information that we had already submitted in some instances requesting the same information  2, 3  and 4 times between  XXXX  and  XXXX   XXXX . We painstakingly resubmitted information including bank statements, tax filings, expense calculations, and much more. Among other odd requests that made it seem as though they were purposefully delaying our modification, we were asked to " create '' a profit and loss statement for personal income only to be told they did n't need it. On more than one occasion, they claimed they could not understand our tax filings  (  which had been accepted by the IRS ) and we and had to put them in touch with our   tax preparer.
I was stunned when Bayview i  nformed me on Friday,  XXXX   XXXX ,  XXXX  (  following8  MONTHSof collecting and analyzing our financial information ) thattheir offer was  toINCREASE our mo nthly mortgagepayment by {$380.00}, in the process congratulating me for the approval of our modification and letting me know that foreclosure was an option.     After threatening legal action, Bayview requested yet additional personal financial information. After reviewing, they came back with an offer to reduce our monthly payment by {$140.00} along with requirements that our loan term be extended, equity be forfeited, and fees and charges related to the modification be added to our mortgage amount, again communicating that foreclosure was an option. This modification offer was received  XXXX   XXXX ,  XXXX , 13 MONTHS after initial outreach.     On  XXXX   XXXX ,  XXXX  I initiated a request to Massachusetts  XXXX   XXXX   XXXX   XXXX  's office to investigate  Bayview Loan S ervicing for fraud. During ongoing review, on  XXXX   XXXX ,  XXXX , I was told by  Bayview that t he owner of my mortgage note is  XXXX   XXXX   XXXX ,  XXXX   (  the same company fined by the United States   XXXX     XXXX  in  XXXX  for violations of the False Claims Act violations ). I reached out to  XXXX  customer service on  XXXX   XXXX ,  XXXX  to request a copy of my mortgage note and was told that  XXXX  's home mortgage business had been sold several years ago and the only way I could reach someone for additional information was by postal mail.     It is more than evident th at Bayview Loan Servicing  turned a hardship situation into an opportunity for them to promote foreclosure to their benefit. The process of delaying this modification, not fulfilling verbal promises, moving staff on and off my account several times, and the overall outcome of the bank making money on the transaction, makes clear that the entire process has been acalculated and fraudulent.

Company response to consumer: Closed with explanation