Consumer complaint received 2017-08-23
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: IL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Was notified by XXXX of my servicer changing as of XX/XX/XXXX on XX/XX/XXXX and in that letter was told Bayview would be sending a welcome letter by XX/XX/XXXX ( still have never gotten it ). XX/XX/XXXX Was able to register on Bayviews website, obtained loan number however when I attempted to make my XX/XX/XXXX. payment online was given an error message unable to process at this time contact customer service. Also per their information my loan was past due for XX/XX/XXXX. ( This was paid to XXXX I send a QWR by certified mail to XXXX and Bayview ) ( can provide copies and certified mail receipt if needed ). XX/XX/XXXX Called Bayview and spoke to XXXX at XXXX XXXX to question the incorrect info ( my account being past due for XX/XX/XXXX ) and was told that they could not speak to me until my Chapter XXXX lawyer send them a letter allowing them to discuss my mortgage. Obtained the email and fax number and requested my lawyer send and fax and copy me on the email. I asked when they were planning on communicating this with me and they said after my lawyer allowed them to. XX/XX/XXXX Sent payment of XXXX through my credit unions electronic bill pay. The payment was completed on XX/XX/XXXX. XX/XX/XXXX Called Bayview because my account was not reflecting payment. Spoke to XXXX at XXXX XXXX  since the payment was still not being reflected I made an additional payment of XXXX which was processed and posted to my account on XX/XX/XXXX. XX/XX/XXXX Called Bayview because the payment made from my credit union was still not reflected on my account. Spoke to XXXX at XXXX XXXX. Was placed on hold so he could check with escalation department also informed him that I never received the welcome letter from Bayview as required by law. I was asked to fax bank statement showing the withdrawal from XX/XX/XXXX and the one Bayview withdrew on XX/XX/XXXX and fax to the escalations dept. ( XXXX ) atten : XXXX. This was done on XX/XX/XXXX at XXXX. I was told I would get a call back from XXXX. ( Can provide copies if needed ). XX/XX/XXXX No call and the payment from my credit union still was not reflected on my account. Called to check the status of the escalation spoke to XXXX at XXXX and was told that the payment should be applied within 24-48 hrs. Was never told why it was not applied when it was received. She told me she though since I had sent proof of payment that I wanted a refund since 2 payments were made. I stated no since they were saying that I was behind for XX/XX/XXXX I wanted that payment applied to my account ( even thought I wrote a dispute letter, see XX/XX/XXXX ). The told me they would apply to XX/XX/XXXX payment since the one made over the phone to Bayview they applied to XX/XX/XXXX and that she put in the request and it would take 24-48 hrs. to process. XX/XX/XXXX Checked online STILL no payment applied. Called and spoke to XXXX at XXXX and was told that they put that payment into a suspense account ( this was the first I had been told this ). She was not able to explain why is was not applied as I was told onXX/XX/XXXX by XXXX. I was put on hold so she could apply it. She told me she put in a request to move the money as they can not move it directly themselves. I also asked why I was still not able to pay online and was told that my account was flagged but she could not tell me why and that she needed to call another dept. to check. Was put on hold again. The call rang back and now I was speaking with XXXX at XXXX. She told me she could not move the payment since I am in chapter XXXX the payment has to be moved by the bankruptcy dept. so she put in a request so they could move it and then was told that I could make payments through bill pay but they would not be applied to my account they would be put into a suspense account every month until the bankruptcy dept. moved them over to apply to my account. I told her that this was never an issue with XXXX and that services are required by law to post payments we they are received and that Bayview was in violation of the law ( CFPB amended Regulation X ( Real Estate Settlement Procedures Act ( RESPA ) ) and Regulation Z ( Truth-In-Lending Act ( TILA ) ) Section 226.36 ( c ). I was told this is their process. Was told it would take 24 hrs. to move the payment and that every month I will have to call to make sure the payment is moved from suspence to my actual loan account.

Company response to consumer: Closed with explanation