Consumer complaint received 2016-10-01
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: IL
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
In XXXX XXXX I filed ChXXXX bankruptcy due to student loans that were in default due to my wife 's XXXX. 
In XXXX XXXX, my mortgage loan servicer ( XXXX XXXX XXXX ) sold my mortgage to Bayview Loan Servicing. 
I went on Bayview 's website to sign up for online access in order to keep track of how my monthly mortgage payments were distributed. Due to the fact that I am currently under ChXXXX bankruptcy " protection '' I was unable to create an online account with Bayview. 

I telephoned Bayview 's customer service number and the person I spoke with said that I could fax in my request for a payment breakdown. I told her that I did not have a fax machine nor did I have access to XXXX. She then stated that I could call customer service to obtain the information. 
Since my payments to Bayview did not begin until XXXX XXXX, I waited until after I had made the XXXX XXXX and XXXX XXXX payments before I called to obtain the payment breakdown for those XXXX payments I received the information and recorded it for my personal records. The next time I called Bayview I was told that due to the fact that I was under bankruptcy protection only my attorney could request the information. 
I expressed my surprise at that statement, and said that the last time I called I received the information that I requested. To that the Bayview customer service person said that was a mistake, and that only my attorney could request a payment breakdown. I contacted my attorney and relayed this information to him. His response was that such a request was not covered by the fee I was paying him, but that his office would write a letter requesting the information for a fee of {$170.00}. Since I am not able to afford that amount, my attorney sent ( via email ) a sample letter indicating exactly how the request needed to be worded. 

On XXXX XXXX, XXXX I sent via certified mail ( return receipt ) a " Qualified Written Information Request Pursuant to XXXX XXXX XXXX & XXXX CFR XXXX '' requesting a payment breakdown from XXXX, XXXX through XXXX XXXX, XXXX. 
The certified letter was received and signed for by Bayview Loan Servicing on XXXX XXXX, XXXX. 

I received a letter from Bayview dated XXXX XXXX, XXXX denying my request due to the fact that my loan is in an active ChXXXX bankruptcy and that I am currently being represented by counsel. The letter further stated that only my attorney can request this information. 

I can not afford to pay my attorney {$170.00} to write the exact same letter that I have written, sent and has been received by Bayview. 

From what I have learned from my research of XXXX XXXX XXXX & XXXX XXXX XXXX, Bayview is legally obligated to provide ME with the information that I have requested. 

Since receiving the denial letter from Bayview ( dated XXXX XXXX, XXXX ), I have received XXXX ( XXXX ) identically worded letters from Bayview ( XXXX dated XXXX XXXX, XXXX XXXX indicating that " Our records indicate that XXXX or more payments are now outstanding ... '' My bank records indicated that my payments to Bayview have been paid and have cleared my bank account on : XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX. 

I am now paying 60 % of my monthly take home pay just to cover my mortgage payment. I have a mortgage agreement that states that I have a 15 day grace period in order to pay my mortgage payment. Therefore, I do NOT have any outstanding payment ( s ) with Bayview. 

It is my feeling these letters are Bayview 's way of " getting back '' at me for my qualified request for information. 
I have researched Bayview and they are not XXXX accredited, and have an ongoing complaint with the XXXX in regard to their shoddy business practices. 
I am concerned that Bayview will continue to claim that my payment ( s ) are " outstanding '', and will begin foreclosure proceedings against me ; as they have done to others based on the complaints lodged against Bayview with the XXXX

Company response to consumer: Closed with explanation