Consumer complaint received 2016-11-07
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: AZ
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
In the course of Bayview Loan Servicing 's, servicing activities, Bayview Loan Servicing has engaged in the following illegal acts and practices : XXXX ) Preparing, executing, notarizing, and 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 ) ; and XXXX ) Preparing, executing, notarizing, and filing affidavits in foreclosure proceedings, whose affiants lacked personal knowledge of the assertions in the affidavits and did not review 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. '' On XXXX XXXX, XXXX, we requested our mortgage note from Bayview Loan Servicing. Approximately three weeks Bayveiw Loan Servicing LLC posted our note to our log in page on the corporation website. ( SEE EXHIBIT A ) On XXXX XXXX, I received the " CORPORATION ASSIGNMENT OF DEED OF TRUST '' stating Certificateholders of XXXX, XXXX XXXX Mortgage Pass Through Trust XXXX XXXX. For the past few years I have educated myself regarding SECURITIZATION. ( SEE EXHIBIT B ) Mortgage-backed trusts contain very specific provisions regarding conveyances of mortgages, notes and Assignments and most often even include the form that each document custodian must sign attesting to the delivery and acceptance of such documents. Trust must comply with these rules regarding acquiring the mortgages therein by the closing date of the Trust or risk losing their tax-exempt status under the IRS REMiC Rules. Mortgage-backed trusts are not allowed under their own rules to acquire non-performing loans after the closing date of the trust and add such loans to the tust. These rules are in place to protect the investors in the trust. The failure of certain mortgage-backed Securitized trusts to produce Assignments has been noted by several Courts, in fact in Case C & gt ; A. No. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AS SUCCESSOR-IN-INTEREST TO XXXX XXXX XXXX, XXXX OF XXXX MORTGAGE SECURITIES XXXX ; XXXX XXXX HOME LOANS SERVICING LP ; BAYVIEW LOAN SERVICING , LLC ; in EXHIBIT A ( SEE COVER COURT DOCUMENT AND EXHIBIT A LABELED " LIST OF TRUSTS THAT USED FRAUDULENT MORTGAGE DOCUMENTS '' ( SEE EXHIBIT C ) Therefore, it is clear that Bayview Loan Servicing in not providing me the securization document knew the mortgage note is fraudulent. It is also clear that XXXX XXXX XXXX who actually created the fraudulent document and is also listed as a Defendant in this case knew the document is fake. It is also clear that the Securities and Exhange Commission, XXXX DC, knows my mortgage note is fraudulent. The closing date for this trust was XXXX XXXX, XXXX and this note was put into the trust five years after the closing date. ( SEE EXHIBIT D ) My original lender was XXXX XXXX Mortgage, a subsidiary of the bankrupt XXXX XXXX Mortgage companies, which are still in Bankruptcy. There was no evidence of any permission from the Bankruptcy Court to allow the mortgage to be divested from the Bankruptcy estate ; no evidence that MERS could assign the loan for the bankrupt lender 3 years after the bankruptcy was filed ; no evidence that MERS could assign, in XXXX, the loan to a trust which closed in XXXX ; and no evidence of any compliance with the XXXX by the trust. ( SEE EXHIBIT XXXX ) Bayview has discriminated against us due to our XXXX and the fake note. 
Bayview has harassed us due to the fake note.

Company response to consumer: Closed with explanation