Consumer complaint received 2017-01-10
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: NV
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
Bayview Loan Servicing failed to address all our questions and provide all documentation as we requested in the last complaint. Per CFPB guidelines, we are able to file another complaint. 
First, Bayview stated that the loan originated was with XXXX XXXX ( which is correct ) but also stated that during Bayview 's servicing of the loan the investor was legacy. Bayview failed to provide documentation that XXXX XXXX transferred or sold the Note and Deed of Trust over to XXXX. Also, without documentation, how does Bayview know if XXXX was the investor or not? Without documentation, it is safe to assume that XXXX was still the investor when the Substitution of Trustee and Full Reconveyance was notarized on XXXX XXXX XXXX and recorded with the XXXX XXXX XXXX XXXX Office on XXXX XXXX XXXX, instrument # XXXX. Please answer all our questions and provide documentation as requested! 
Second, we requested to know what dates, amounts paid and to whom did Bayview send out payments too. These documents will prove if fraud also occurred with this mortgage loan. As you well know, fraud is against the law and it is the responsibility of all Federal and State agencies to prosecute these people or companies that violate our laws! Now, Bayview stated in the response letter dated XXXX XXXX XXXX to the CFPB, in the inquiry XXXX XXXX states the following ; ( item XXXX ) who did Bayview pay the monthly mortgage payments to, for how much and what were the dates when payments were made. Please provide documentation. ( XXXX ) Now, please review my initial complaint with the CFPB. There was no mention of " XXXX '' in our complaint. Also, Bayview provided dates and payments made to Bayview ( copy of the loan history provided ) but failed to provide dates, payment amounts to the investor and who the investor ( s ) were with all their contact information. If Bayview sent our payments to the investor, Bayview would still have the records! So, why did Bayview fail to answer all our questions? Is Bayview aware that XXXX XXXX and all affiliates went chapter XXXX bankruptcy in XXXX, in XXXX Delaware? Is Bayview aware that XXXX XXXX closed the business and was ordered to sell all their assets? Please answer all our questions and provide documentation as we requested! 
Third, Bayview stated in item XXXX, we are unable to provide an assignment of mortgage as the loan was released directly from the original lender. Now, this statement means that Legacy did not release this loan ( XXXX ) but rather the original lender, XXXX XXXX. Also, with XXXX as the nominee for XXXX XXXX, it is safe to assume that the XXXX that was issued was not signed by XXXX XXXX, our original lender. The XXXX was signed on XXXX XXXX XXXX by XXXX XXXX, which claims to be an Assistant Secretary of XXXX. Per a court order, from the Department of Treasury Comptroller of the Currency ( O.C.C case # XXXX ), this Cease and Desist order clearly reflects that XXXX is an institution related to tracking and registering residential mortgage ownership and servicing, acting as mortgagee or record in the capacity of nominee for lenders. So, why did XXXX have Bayview Loan Servicing, have an employee, XXXX XXXX sign the XXXX when Bayview and XXXX XXXX is fully aware that he does not work for XXXX nor collects a paycheck from XXXX XXXX XXXX mis-represented himself as an assistant secretary of XXXX knowingly that he works for Bayview Loan Servicing! So, did n't XXXX track the assignments as they were supposed to do? Did XXXX collect the payments from Bayview and keep them or did XXXX in fact send all the funds too XXXX XXXX after XXXX went bankrupt? XXXX is only the nominee for the lender to do what the lender wants. XXXX is neither the lender nor the investor which means that they do

Company response to consumer: Closed with explanation