Consumer complaint received 2015-08-18
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: NC
Product: Debt collection
Sub-product: Mortgage
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt was discharged in bankruptcy

Complaint:
I declared XXXX XXXX bankruptcy in XXXX XXXX and the bankruptcy was fully discharged in XXXX XXXX. The primary reason for declaring bankruptcy was the XXXX mortgage on my former primary residence in WY, and the deficiency resulting from a severe decline in property values. The loan and any deficiency was included in my bankruptcy filing and discharged with the bankruptcy. The original creditor was XXXX XXXX XXXX, then XXXX, with loan servicing maintained by XXXX XXXX XXXX XXXX XXXX, to the best of my knowledge. In XXXX XXXX, on the advice of XXXX separate attorneys and with their help, I deeded the property back to the creditors, with a deed drawn up by an attorney and filed by said attorney with the local record of deeds office in WY. Since the lenders had taken no steps to claim the property after more than XXXX months after filing the bankruptcy, and I was required to surrender the property to the lenders per my bankruptcy agreement, the attorneys advised me to take these steps. In XXXX XXXX, I received a letter from the original lender and loan servicer, XXXX XXXX XXXX XXXX XXXX, informing me that the loan in question would be transferred to a new servicer, Bayview Loan Servicing , LLC ( " Bayview '' ). In XXXX XXXX, Bayview began contacting me via phone, mail, and certified mail, with requests to pay its loan that had been discharged in my bankruptcy. They sent demand notices, Making Home Affordable paperwork ( which is ironic, because I spent about XXXX years trying to use the Making Home Affordable program prior to declaring bankruptcy as a last resort - I just picked up another Making Home Affordable notice from Bayview, sent to me via certified mail, today ), notice of insurance placed on the property, statements of account, etc. I spoke to representatives on the phone on several occasions and explained the situation, and let them know that they were violating the Fair Debt Collection Act and federal bankruptcy law by contacting me. In addition I sent a certified letter to Bayview on XXXX XXXX, XXXX, explaining the situation and providing a copy of the bankruptcy discharge. The contact stopped for about XXXX months, then began again in XXXX XXXX, with similar contacts continuing on a regular basis. In XXXX XXXX I realized that Bayview had put a defaulted loan on my credit reports with the XXXX credit reporting agencies. I contacted the credit reporting agencies and had Bayview 's reports removed from my credit reports with all XXXX agencies. The Bayview contacts subsided for awhile in XX/XX/XXXX and began again in XXXX XXXX, at which point they increased in intensity, occurring regularly through yesterday. Again, I have spoken to a representative on several occasions, explained the situation, emailed documents to him, asked him to resolve the situation on his end, and explained that Bayview is violating the Fair Debt Collection Act and federal bankruptcy law by continuing to contact me. The contact continues. I spoke to an attorney 's office in my area yesterday, who advised me that my best course of action to make this stop is to file a complaint with the Consumer Financial Protection Bureau. I would be very grateful for any help you can give me in resolving this matter. It has been going on for four years, is emotional and disheartening for me and my family, and I would very much like to put it behind me. Thank you in advance for your time and help.

Company response to consumer: Closed with explanation