Consumer complaint received 2017-05-03
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: WA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
In    XXXX   XXXX    I received a letter from my current mortgage servicer stating my  Hamp  modification ( completed in    XXXX   XXXX   XXXX    ) had overpaid me {$7000.00} and a correction is required. I called the company twice unable to reach the asset management ( and the employees I spoke to at customer service were unable to answer my questions ) due to hours of operation and one person said they emailed asset management for me. Upon the third call I was put on hold and told my loan had previously been modified again and that is why they overpaid me and that no asset  manager  had been assigned my case. I asked to speak to a supervisor and was told they were unavailable. I let them know at that time I would be filing a complaint with consumer finance.   When I received my   XXXX   statement my loan was current, however when I check my loan details on line I see  Bayview loan  servicing my mortgage company has already added the {$7000.00} back onto my loan. If I had known this would be the outcome of my HAMP modification which started in    XXXX   XXXX   XXXX    I certainly would have taken a different approach like refinancing to a much lower interest rate than I have now which is currently   XXXX   %.   I ca n't believe this is even legal, each of my mortgage statements continued to say my HAMP modification was  modified/active.I  received a reduced interest rate in  XXXX  from   XXXX  to    XXXX   % at which time the paperwork stated the only thing changing was basically the interest rate ( nothing mentioned this would void my HAMP modification in any way. I continued to receive a {$1000.00} credit each year and an additional {$5000.00} credit on year  XXXX  anniversary which was    XXXX   XXXX   XXXX   . I contacted  Bayview  loans in    XXXX   XXXX   XXXX    stating I should have received my {$5000.00}  XXXX  year credit in    XXXX   XXXX   XXXX    at which time they did a full review of my loan and gave me the {$5000.00} credit, amazing how now 19 months after the completed modification they are saying there was an error and they overpaid us {$7000.00}. Interest rates have certainly been much lower than  XXXX  % and the reason we have stuck with this loan was to complete the modification and receive the credits we were promised, had other information stating we would only receive {$3000.00} total been disclosed back in   XXXX   or  XXXX  we certainly would not have continued with this mortgage and would have pursued another refinance. I believe this is outright mortgage fraud, I 'm not sure how the government compensated mortgage companies for  HAMP  but it 's ridiculous to think Bayview loan servicing can just decide to tack {$7000.00} back on to our mortgage 19 months after a six year modification was completed.   Why would we have ever done a modification if that were the case, in the long run this will cause us to owe more than we would have without the modification.Obviously these companies think they can just play with peoples finances without any consequences.   We have paid well over $   XXXX   a year to this mortgage company just in interest. $  XXXX  is where we started out in   XXXX   and are only now at  XXXX  with {$7000.00} added back in. We 've paid well over {$20000.00} in interest annually. I am so angry that they think they can just simply decide to add that money back in because they supposedly made an error.   I will attach my supporting documents and look forward to a favorable outcome in this investigation. Please contact me with any questions.

Company response to consumer: Closed with explanation