Consumer complaint received 2017-11-26
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: AZ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
IT IS ILLEGAL FOR BANKS AND SERVICERS TO REQUIRE BORROWERS TO SIGN A WAIVER GIVING UP THEIR RIGHTS AS A CONDITION FOR APPROVAL OF A PERMANENT MODIFICATION. BAYVIEW LOAN SERVICING HAS ALREADY DUAL TRACK BORROWERS FOR OVER A YEAR AND NOW THEY WANT BORROWERS TO SIGN A CONDITIONAL WAIVER SO BORROWERS CA N'T SUE THEM WHEN THEY DUAL TRACK BORROWERS AGAIN AND AGAIN AND AGAIN Bayview Loan Servicing LLC, failed to acknowledge their dual tracking. 
On XXXX/XXXX/XXXX, Sub-Servicer Bayview Loan Servicing acted intentionally, fraudulently and in conscious and callous disregard for the rights of the borrowers. The damages caused by wrongful foreclosure are tantamount to intentional malice. A beneficiary or trustee under a deed of trust who conducts an illegal, fraudulent or willfully oppressive sale of property may be liable to the borrower for wrongful foreclosure. A foreclosure initiated by one with no authority to do so is wrongful for purposes of such an action. Sub-servicer Bayview Loan Servicing, its assignee or an agent acting on behalf of XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX instructed Sub-servicer Bayview Loan Servicing to initiate and complete a nonjudicial foreclosure sale at the same time borrowers are in a active current workout and making monthly trial modification payments for over a year. The borrowers challenge the wrongful foreclosure and the authority of Sub-servicer Bayview Loan Servicing who claims it by assignment. The borrowers wrongful foreclosure claim is based on allegations that the foreclosing party Sub-servicer Bayview Loan Servicing acted without authority because the assignment by which it purportedly became beneficiary or trustee, under the deed of trust was not merely voidable but void. 1 ) Sub-servicer Bayview Loan Servicing to put into writing who the true secured lender is? 2 ) Sub-servicer Bayview Loan Servicing to put into writing they foreclosed on behalf of XXXX XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX XXXX its assignee or an agent acting on behalf of XXXX XXXX XXXX XXXX XXXX gave the authority and instructed the trustee to initiate and complete a nonjudicial foreclosure sale. The borrowers assert Sub-Servicer Bayview Loan Servicing lacked the authority to foreclose ; because XXXX XXXX XXXX XXXX XXXX who invoked the power of sale isnt the true beneficiary. Therefore, Sub-Servicer Bayview Loan Servicing inability to follow appropriate foreclosure procedures, have caused them to participate in acts of unfair and deceptive practices including, but not limited to, the following : a ). failing to properly identify the foreclosing party ; b ). charging improper fees related to foreclosures ; c ). preparing, executing, notarizing or presenting false and misleading documents, filing false and misleading documents with courts and government agencies, or otherwise using false or misleading documents as part of the foreclosure process ( including, but not limited to, affidavits, declarations, certifications, substitutions of trustees, and assignments ) ; d ). preparing, executing, or filing affidavits in foreclosure proceedings without personal knowledge of the assertions in the affidavits and without review of any information or documentation to verify the assertions in such affidavits. This practice of repeated false attestation of information in affidavits is popularly known as robosigning. Where third parties engaged in robosigning on behalf of Master Servicer XXXX XXXX XXXX, they did so with the knowledge and approval of Master Servicer XXXX XXXX XXXX ; e ). executing and filing affidavits in foreclosure proceedings that were not properly notarized in accordance with applicable state law ; f ). misrepresenting the identity, office, or legal status of the affiant executing foreclosure-related documents ; g ). inappropriately charging servicing, document creation, recordation and other costs and expenses related to foreclosures ; and h ). inappropriately dual-tracking foreclosure and loan modification activities, and failing to communicate with borrowers with respect to foreclosure activities.

Company response to consumer: Closed with explanation