Consumer complaint received 2017-03-29
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
To Whom It May Concern, for years I have been trying to modify my loan. After much frustration I consulted with an attorney to inquire whether the people I am dealing with even have authority to negotiate my loan. One of the main problems has been that I have not been able to obtain the correct information as to who actually has the rights on my loan. The servicing of my loan has been switched around a couple of times which has caused much me a lot of frustration. I am at the point where I do not believe the information that is being provided to me by my servicers. My present servicer is Bayview Loan Servicing. I believe they are attempting to collect on a debt that they do not have the authority to collect on and they have falsely represented the character, amount, and legal status of the debt. I am filing this complaint against Bayview Loan Servicing because I believe their continuous efforts to collect a debt that I dispute is against the Fair Debt Collection Practices Act, herein referred to as FDCPA. Not only are they continually falsely representing the debt, the are continually threatening to take action against my property that is not legal for them to take. I presently have a foreclosure action scheduled on XX/XX/XXXX. Bayview Loan Servicing is a debt collector attempting to collect on a debt that is statutorily barred. Pursuant to Commercial Code section 3118, the statute of limitations for a note payable at a definite time shall commence within six years after the due date or due dates stated in the note, or if a due date is accelerated, within six years after the accelerated due date. The payments were accelerated in XX/XX/XXXX Six years from XX/XX/XXXX is XX/XX/XXXX. The time for any debt collector to collect on this debt has passed. Under the FDCPA a debt collect may not use unfair or unconscionable means to collect or attempt to collect a debt. More specifically they may not take or threaten to possess or disable property when the creditor has no enforceable right to the property or does not intend to do so, or if, under law, the property may not be taken, repossessed, or disabled. Attached with the Complaint please find Notice of Trustee 's Sale from XXXX that evidences the date of acceleration. I have consulted with an attorney and I now realize and understand that only a creditor can foreclose. As defined by the FDCPA, Bayview Loan Servicing is a debt collector and not a creditor. The entity they claim is the beneficiary of the debt obligation is a debt collector as well as defined by the FDCPA. The entity recorded an interest on my property after the debt was already in default. The real creditor in my matter was the originating lender and they never had the authority to transact business in the State of California. I am fully aware that a debt collector must prove that I owe the debt and Bayview Loan Servicing has failed to do that. They can not supply me with copies of documents that are not admissible evidence and believe I am to take the information they give me without adequate support. Bayview Loan Servicer has failed to demonstrate the money trail to this alleged beneficiary. Furthermore, as a debt collector, Bayview Loan Servicing has failed to prove their relationship to the lender. My Deed of Trust says that it is the lender who has the power to do whatever it is he has the power to do within the four corners of the contract. There is no documentation that evidences that Bayview Loan Servicing is now acting on behalf of the lender. I am filing this complain with the CFPB because Bayview Loan Servicing is blatantly disregarding the law. If I do nothing they will wrongfully and fraudulently take my property and continue to disregard the law. 

Sincerely, XXXX

Company response to consumer: Closed with explanation