Consumer complaint received 2016-09-01
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: FL
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
XX/XX/XXXX I intentionally stopped working as an appraiser in order to assist my parents in estate matters after the death of my grandfather. I moved to XXXX for five months in order to do so. As I expected, I had a shortage of cash flow and fell behind on my payments but did n't want to use IRA funds. 
As expected, I got a demand letter dated XX/XX/XXXX requesting {$4100.00} with a due date of XXXX/XXXX/2016. I had just made one payment for {$910.00} on XX/XX/XXXX. I called them on XX/XX/XXXX at XXXX to see if the total amount due had included my recent payment and told the CSR that I would be able to pay of {$2500.00} which is roughly 3 payments. This should be in their notes, but I doubt it. I alson called the asset manager, XXXX XXXX on XX/XX/XXXX at XXXX & left a voicemail that I would pay {$2500.00} on XXXX/XXXX/2016. I never heard back from him so I assumed this was acceptable. 
On XX/XX/XXXX, I sent the {$2500.00} payment via USPS. The following week I called to see if the payment was received. I was told that my property was being foreclosed and the checks were mailed back to me. The CSR told me they could not accept the payment because the foreclosure process had started on XX/XX/XXXX, even before the demand date! I explained that I had the money in a retirement account and needed to clear up the matter immediately. 
I was given the number of the foreclosure attorney and immediately called them to pay the total amount due & explain the situation. The female at that office said that she had no file for me yet since & it was likely that they had n't started my paperwork & had no record of me. She advised to call Bayview & try to get them to accept the full amount due so that attorney 's fees would n't be due. After MANY calls, I finally got to speak to someone, was emailed a new demand letter. Surprisingly, the demand letter included attorney 's fees of over {$800.00}. How could this be valid when I just spoke to the attorney 's office and they did n't even have a file on me? I 'd like to see the attorney 's bill, because I do n't think there is one. 
While speaking to Bayview 's asset manager, I questioned why they would n't call or send a letter explaining that my terms would n't be accepted? She stated a XXXX term that I 've since forgotten, that was basically legal jargon meaning that they could not call me, and she did not know why I was placed into that status. She requested me to write a letter to them to be removed from that status. 
I never wrote the letter, however early in the following next month I was called by a CSR regarding that month 's payment of {$1300.00}. I questioned the payment because it 's normally around {$900.00}. She stated that there were {$460.00} in late fees. I tried to explain that I had paid the {$460.00} in late fees the prior month to get my house out of foreclosure. She told me to contact my attorney. I said " what attorney '', and she replied " your bankruptcy attorney '' ... ..? I have never been in bankruptcy! They are still trying to collect the {$460.00} in late fees which were already included in the demand letter which I paid in full. 
The reason that I 'm writing to you is because I have completely lost trust in the ability of Bayview to handle my loan fairly and responsibly. The CSR 's are very unprofessional, very difficult to reach by phone, do n't return phone calls, carelessly make make notes to my account, did n't properly credit my account after a payment of {$6800.00}, and apply charges that are not valid. Another inconsistency was the fact that XXXX XXXX sent me a demand letter via email, stating " I am here to assist you '' and provided his direct number. When I called, his very lengthy voicemail ( in English and XXXX ) stated that he was on vacation and not returning to the office for another two weeks! 
I 'd like the late fees to be credited, and my account reviewed to see what else they 've messed up.

Company response to consumer: Closed with explanation