Consumer complaint received 2022-02-10
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: WI
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
COMPLAINT XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XX/XX/XXXX RE : Complaint regarding Community Loan Servicing ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX # XXXX ( XXXX ) I started the end of my forbearance process in XX/XX/XXXX by submitting an application for modification to XXXX. Per follow up phone call to make sure everything was submitted properly, I was told the modification was initiated on XX/XX/XXXX, and advised to wait to begin making any payments upon approval. Process was to take up to 30-45 days. This was in discussion with an XXXX XXXX out of their XXXX office. 

XXXX XXXX had handled my mortgage until early XXXX in which it was transferred to Bayview which ultimately changed its name to Community Loan Servicing. 

I am presently in a loan modification executed back in XX/XX/XXXX as part of the XXXX program that was offered to struggling homeowners. I had just divorced and because of the way this modification was written, it had a deferred amount of which would sit idle until the sale of the home or payoff of the loan. With this deferral, it made it possible by keeping my payment down and able to retain my home. ( See attachment A ) The deed was transferred by Quit Claim Deed by my former husband and the divorce decree specified me as the sole owner of the property. However, along with this application to CLS I also submitted an application to assume the loan. This process was cancelled by CLS because of documents not returned within given time frame. ( See attachment B ) My goal at this point, however, is to first get into an affordable plan to resume making fair affordable mortgage payments to get on track. Id like it noted that periodically I did make contact throughout forbearance to CLS to make sure I was in compliance and expressed my desire to get back on track. I made mention in several of these conversations how important it was to keep my present terms especially the deferral part as of the huge impact it made on my monthly payment. I even made periodic payments during forbearance to show my good faith. I am not sure just how exactly these dollars were allocated as their statements are very confusing. 

On XX/XX/XXXX just after I received a phone call from CLS advising me that I had been approved for a modification ( See attachment XXXX ). I was delivered the documents to review and sign to execute this offer they were making me. I had asked the gal who had called for some details of the offer and at that time I told her that it would not be doable and was told when I get the documents to call CLS with my concerns. I also would like to point out, Included in loan documents for the assumption I had applied for that I received on XX/XX/XXXX, were forms to sign and agree to Flood Insurance I would be required to have on my mortgage. I have never needed, or ever have been requested by lender to have flood insurance ( See attachment D ) The only water Im near is a small man made pond in my back yard when home was constructed. This was absurd. I called XXXX XXXX at CLS who was listed as the contact ( ph ( XXXX ) XXXX ). I asked him what other options I had and he replied with an upfront down payment of arrears was the only other one, followed by 3-5 monthly payments spreading out balance of what I was behind. I told him it was highly improbable and the offer needed further consideration. He was to have one of two people get back to me within a couple days, one by the name of XXXX XXXX, a licensed loan originator with CLS. I never did receive a phone call back from either. 

On XX/XX/XXXX I contacted XXXX XXXX, my mortgage lender, as I wasnt getting anywhere with CLS. I talked to a gentleman named XXXX, a former case manager as he told me. He sounded very optimistic that there should be some other option and advised me to call CLS back. He agreed it sounded unrealistic and let them know what I needed to be done in order to come to a workable solution. I did again call CLS back, and was told I would hear from someone within 24 hours. I did not. I once again contacted FM and talked to XXXX explaining I had previously talked to XXXX. She said she would escalate the inquiry and would be getting back to me. Time was of the essence, as XX/XX/XXXX marked payment One of the trial period. Several days passed and I didnt hear from XXXX XXXX I once again called XXXX and the representative looked on the notes made on my account by XXXX. She apparently tried to get back but had the wrong area code to my phone number. The notes also read customer has non negotiable offer leaving no options. So, that left me with either sign CLS mod documents and agree with the terms, or come up with {$27000.00} to bring my account current and resume regular payments under XXXX. Neither one of them helping me get back on track as is promised by all these mortgage lenders. 

After hearing this from XXXX, I one last time contacted XXXX XXXX at CLS. Again, he informed me there was no negotiating and told me specifically what my options were. If I elected to apply for the repayment plan, I would need down payment of {$24000.00} and the remainder of the arrears spread over 3-5 months with a monthly payment of {$2400.00} over 5 months. But because of the {$2400.00} max payment request for this option, I would not even qualify. If I paid the full {$27000.00}, I could resume all terms of my XXXX mortgage as I have and be back on track. They have not given me any realistic options at all other then as I was told, sell my home to keep from foreclosure. When I told him I would only set myself up for falling behind with their terms being offered, he answered I would have the whole month of XXXX to get XXXX payment made, and same for XXXX and XXXX. Then after the trial period, I could try and get the interest rate reduced. Even by lowering the rate on the full balance ( no deferral, their terms ) it still puts that payment of {$2000.00} out of reach. I am prepared to make a reasonable payment, but I can not agree to their modification terms. I have no faith in CLS and certainly would not chance signing and expecting they would lower my rate as they have done nothing to help me thus far. 

With my first payment coming due, and no reasonable resolution intact, I contacted HUD and set up an appointment with XXXX XXXX, a certified housing counselor. I met with her on XX/XX/XXXX. We went over my situation and she made a phone call to CLS, had a very encouraging conversation with XXXX. More details of that conversation are on the attached document which XXXX gave me for submission with my complaint. I had a second meeting with her on XX/XX/XXXX, in which she had arranged a phone appt via voice message to XXXX XXXX, the License Loan Originator, CLS. This was after a lengthy unsuccessful attempt at contacting CLS at the meeting the day of the XXXX by phone, continuously put on hold. The meeting was to be at XXXX pm on the XXXX, at which time XXXX and I met to discuss my situation with XXXX via conference call. Once again, we did not get a phone call back from XXXX for that appt. After waiting at length in hopes of a response, we decided it was time to contact CFBP and get a complaint filed. XXXX did call CFBP and it was agreed we proceed with this complaint. 




Respectfully submitted, XXXX XXXX XXXX XXXX XXXX Attachments : A, B, C, D Letter from XXXX XXXX, XXXX Credit Counseling Service NOTE : Attachments are available in full, pertinent page selected PLEASE SEE ATTACHED LETTER FROM XXXX XXXX from Consumer Credit Counseling Service which is pertinent to this case.

Company response to consumer: Closed with explanation