Consumer complaint received 2017-03-09
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: MA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I have removed personal information from the email I sent below. I believe the email describes the issue accurately. Bayview Loan Servicing has not taken any action to correct the error. They are a predatory loan servicing company attempting to strong-arm me into paying a debt I am not responsible for. It is impossible to reach anyone at this company and they do not respond to inquiries and requests other than to gather information to hasten and expedite foreclosure ... notwithstanding what they have done to destroy my credit. 

" Per my discussion with XXXX, Loss Mitigation, on XX/XX/2017 regarding the subject loan, I have been asked to notify your Customer Service Department to take immediate corrective action. You have reported delinquent payments and assumed a debt to me that is incorrect. I am not a borrower on this account and my credit must be restored to its excellent rating. 

The subject mortgage is that of my parents ; I am not a borrower on this account. It has been confirmed on previous occasions that I am not a borrower on this account : as such, Bayview refused to provide information on my parents ' behalf because I WAS NOT ON THE ACCOUNT. After the death of my mother, I was able to request a pay off statement only upon providing documentation as having Durable Power of Attorney on behalf of my father to offer the property for sale. However, Power of Attorney DOES NOT assume my parent 's debt to me. XXXX also confirmed during this most recent phone call, that I am not listed as a borrower on this account ; and, he was unable to explain why I have been named on the mortgage statements, nor why Bayview has provided adverse credit information seemingly destroying my credit rating overnight. 

Perhaps it is a simple mistake on your part as my name appears on the deed for the property. However, please be advised that I am not included on the Note or Promise to Pay ( this was confirmed to me by the attorney of closing ) and I am not responsible for the debt. The adverse actions you have reported to the credit bureau have increased my debt to income ratio to an unacceptable FICO standard and the delinquencies you are reporting have devastated my credit rating. You have detrimentally affected my financial well-being, as I had an excellent credit rating - and was considering the possibility of purchasing my parents ' property myself. Now I have limited borrowing ability and my creditors are questioning my ability to pay. Hence, Bayview Loan Servicing must remove all incorrect, improper, delinquent and adverse actions reported to my credit immediately. I have no personal obligation to repay this debt, but will pay the account in full upon sale of the property ( which is the preferred account resolution ). 

Again, please respond with the immediate removal of any information Bayview has provided to my credit. It is my hope that you will correct any negative actions against me as quickly as my excellent credit was destroyed. Of course, if you require any further information, do not hesitate to contact me. My contact information is provided below. 

Thank you for your prompt attention to this matter. "

Company response to consumer: Closed with explanation