Consumer complaint received 2017-01-13
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: FL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
We completed a loan modification to our mortgage loan owned by XXXX XXXX, and serviced by Bayview Loan Servicing L.L.C,. on XX/XX/XXXX. Since that time we have paid our mortgage on time. However, we received a mortgage statement XX/XX/XXXX from Bayview Loan Servicing LLC that included a charge for what was described as " XXXX '' in the amount of {$2800.00}. This was the first time this charge was present on our mortgage statement. I began a process of calling Bayview Loan Servicing LLC to discuss the charge on XX/XX/XXXX and per their instructions followed up the call with a letter ( s ) outlining my desire to get information regarding what the charge represented, when it was actually incurred and asked for documentation that validates their right to charge that amount to our mortgage balance. After months of back and forth I finally received a letter on XX/XX/XXXX that was dated XXXX XXXX, XXXX explaining that the charge was for legal fees and costs associated with our loan modification that was dismissed on XX/XX/XXXX. While they provided paperwork showing when the charge was incurred, and outlined what the charge was for, they never provided documentation proving they had the right to make the charge. Coincidentally, the charges for attorney fees and costs were charged to our mortgage account the same day our Notice of Dismissal regarding our modification was filed. The attorney that represented us for the loan modification has reviewed their response and forwarded to me a copy of the Plaintiff 's Notice of Voluntary Dismissal Without Prejudice and Discharge of Lis Pendens dated XX/XX/XXXX. That notice clearly states that '' each party is to bear its own attorney fees and costs ''. I have forwarded this information to Bayview Loan Servicing LLC, to the attention of the Customer Advocacy Department requesting that this charge be removed immediately. Upon calling today I was told by their representative that the information that I emailed and faxed could not be accessed by her and that it would likely not be looked at until next week at the earliest. I explained to the representative of Bayview Loan Servicing LLC that this has been ongoing for many months as could be seen by our file and that the urgency of our request now is due to the fact that we have sold the property attached to this mortgage and have a closing on XX/XX/XXXX. If this issue is not resolved before that date we will have to pay this charge as part of the payoff of our mortgage and then fight after the fact to recovery the their illegal charge. My experience with Bayview is that everything takes months to conclude and that they are reluctant to ever send actual documentation that we requested. The only reason this has taken this long to actual understand what the charge represented is because they did not address my original request for information made XX/XX/XXXX until XX/XX/XXXX, and did not deliver to me a letter explaining the charges until XX/XX/XXXX. There is no doubt that we do not owe the legal expenses and costs they have charges our account. They should have had a copy of the Notice of Voluntary Dismissal in their file and should have never charged these fees to our account. It is ridiculous to believe that they will act any time soon to resolve this issue without being forced to do so. Therefore, per my attorneys advise, I am filing this complaint to get our issue on the record and hopefully force Bayview Loan Servicing LLC to quickly rectify the issue. Thank you.

Company response to consumer: Closed with explanation