Consumer complaint received 2016-07-05
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: AZ
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
I was at the end of a chapter XXXX bankruptcy when my note was transferred from Bayview Loan Servicing to XXXX XXXX XXXX on XXXX XXXX, XXXX. I was never informed of this transfer ( presumably due to the fact that the bankruptcy was not yet discharged on that date ) and continued to make payments to Bayview. XX/XX/XXXX I received my first piece of correspondence from XXXX, a NOTICE OF DEFAULT AND INTENT TO ACCELERATE. XXXX claims that when they took over the loan XX/XX/XXXX, the account was already two months in arrears and they only have payment through XXXX XXXX, making it perfectly legal for them to claim default. Again, I never received any correspondence suggesting that I owed more than I was paying. Additionally, XXXX claims that they sent all correspondence to me in a timely manner, only they sent it to the wrong address, so I never received anything from them, and they would have received the returned mail back at their offices. In fact, I still do n't have all of my statements from XXXX, though I have requested them via numerous phone calls, letters, and emails. 
I contacted Bayview to get a payment history to prove to XXXX that I had been making payments on time, every month, however, the Bayview representative that helped me stated that my account was closed and they could not access anything on my account except to tell me that XXXX was my new servicer and I needed to deal with them. ( Meanwhile, the payment history that XXXX was requesting that I acquire from Bayview as part of the proof they required was already in their possession, something they received from Bayview upon transfer of the note. ) I sent XXXX all of the proof that I could get from my bank ( cancelled checks and transaction ID numbers for electronic transfers ), and they denied my proof as being valid and submitted a Notice of Trustee Sale to me XX/XX/XXXX ( while I and my XXXX loan officer and his supervisor were supposedly looking for a way to resolve this highly damaging clerical error ). 
XXXX has added late fees, miscellaneous administrative fees, back payments ( which include payments for months that were already submitted to Bayview ) and attorney 's fees to the reinstatement amount, which is now in excess of {$13000.00}. In XXXX XXXX, exactly six months after XXXX acquired the note, XXXX returned my checks to me instead of accepting the payments toward my account - to date, they have only accepted funds for my account that were transferred over from Bayview, none from me directly. And if their payment history can be trusted as accurate, it also appears that XXXX has misappropriated the funds that they did accept on behalf of my account. They were charging me for taxes and insurance through an escrow account, but they had never paid those bills - they just paid them last month, AFTER I brought it to their attention. 
I have a complete history ( with dates and outcomes ) of correspondence and phone calls to both Bayview and XXXX that I would be happy to submit as well.

Company response to consumer: Closed with explanation