Consumer complaint received 2017-06-12
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:
Bayview Loan Servicing has provided fraudulent Documentation of Notes and Deeds, Holder Status and broken Chain of Assignment. BAYVIEW LOAN SERVICING LLC HAS FAILED TO DO THE FOLLOWING 1. ) BAYVIEW LOAN SERVICING LLC has failed to implement processes to ensure that Servicer or the foreclosing entity has a documented enforceable interest in the promissory note and mortgage ( or deed of trust ) under applicable state law, or is otherwise a proper party to the foreclosure action. 2. ) BAYVIEW LOAN SERVICING LLC has failed to include a statement in a pleading, affidavit of indebtedness or similar affidavits in court foreclosure proceedings setting forth the basis for asserting that the foreclosing party has the right to foreclose.
3. ) BAYVIEW LOAN SERVICING LLC has failed to set forth the information establishing the partys right to foreclose as set forth in I.C.2 in a communication to be sent to the borrower as indicated in I.A.18. 4. ) BAYVIEW LOAN SERVICING LLC has failed to comply with the following : If the original note is lost or otherwise unavailable, Servicer shall comply with applicable law in an attempt to establish ownership of the note and the right to enforcement. Servicer shall ensure good faith efforts to obtain or locate a note lost while in the possession of Servicer or Servicers agent and shall ensure that Servicer and Servicers agents who are expected to have possession of notes or assignments of mortgage on behalf of Servicer adopt procedures that are designed to provide assurance that the Servicer or Servicers agent would locate a note or assignment of mortgage if it is in the possession or control of the Servicer or Servicers agent, as the case may be. In the event that Servicer prepares or causes to be prepared a lost note or lost assignment affidavit with respect to an original note or assignment lost while in Servicers control, Servicer shall use good faith efforts to obtain or locate the note or assignment in accordance with its procedures. In the affidavit, sworn statement or other filing documenting the lost note or assignment, Servicer shall recite that Servicer has made a good faith effort in accordance with its procedures for locating the lost note or assignment. 5. ) BAYVIEW LOAN SERVICING LLC has intentionally provided us through XXXX  XXXX XXXX, Bayview Loan Servicing LLC, Consumer Financial Protection Bureau and the United States Mail, multiple fraudulent deeds and fraudulent notes in responding to complaints. Therefore, XXXX XXXX XXXX trying to trick us and the Consumer Financial Protection Bureau into believing fraudulent deeds and fraudulent notes are authentic because XXXX XXXX XXXX provided them through the CFPB but they are not. 6. ) BAYVIEW LOAN SERVICING LLC has failed to ensure that mortgage assignments executed by or on behalf of Servicer are executed with appropriate legal authority, accurately reflective of the completed transaction and properly acknowledged.

Company response to consumer: Closed with explanation