Consumer complaint received 2015-09-14
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: MA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
There are essentially XXXX areas of this complaint. Both have to do with what is now a IMMINENT foreclosure action taken by the current servicer, Bayview Loan Servicing, on behalf of XXXX XXXX as Trustee for the XXXX XXXX XXXX Pooling and Servicing Agreement. 
I. The First Area:1. Refusal by Bayview Loan Servicing to provide a full accounting as requested ( see attached document ) 2. Failure to comply ; Lack of and/or incomplete response for Notice of Error section 1024.35. [ 6 ] A3. Non Compliance with Notice of Error and Request for Information4. An accurate loan payoff balance despite repeated requests over thirty-two ( 32 ) months5. Failure to reflect/account for all partial payments made under executed Forbearance agreements by previous servicer6. Failure to provide an accurate payoff balance amount upon a borrower 's request in violation of section 12 CFR 1026.36 ( c ) ( 3 ). 
There 's an approximately {$100000.00} dollar difference between their current outstanding balance and mine, which as yet to be accounted for despite on-going requests since XXXX. 
7. Failure to conduct a reasonable investigation8. Failure to comply with borrower 's authorized agent request for information, QWR, Notice of Error Failure to respond to requests as presented and instead reply with a red herring having nothing to do with the error or request Knowingly falsely changed the basis of the borrower 's request to be outside the regulations ' requirement for compliance by suggesting it was about the validity of the loan Failure to reply to my response, corrections, etc. to their initial response Failure to reply according to specific Reg X regulations including but not limited to the following : If the borrower sends a notice of error under section 1024.35 ( b ) ( 6 ) asserting that the servicer has failed to provide an accurate loan payoff balance following a request made under Regulation Z section 1026.36 ( c ) ( 3 ), [ 48 ] the servicer must respond within seven days ( excluding holidays, Saturdays, and Sundays ) after receiving the notice. 
II. The Second AreaFailure to reply to second submission in CFPB Complaint # Case number : XXXX. Bayview only provided a partial ( and incorrect ) response on XXXX. Bayview provided the following response on XXXX/XXXX/XXXX as follows : '' Complaint will be reviewed and a response is forthcoming. " 3. Despite not receiving the promised forthcoming response from Bayview, CFPB closed the claim giving its stated " Explanation of closure '' dated XXXX/XXXX/XXXX as follows : " Please see our attached response regarding case # XXXX. Thank you! " The referenced " attached response '' was the partial ( and incorrect ) response per 1. of this section above but the CFPB closed the complaint without having waited for the promised " forthcoming response. " 4. I received no " forthcoming '' response as stated despite thirteen ( XXXX ) written requests they do so5. I did not hear anything having to do with either the CFCP referenced complaint above ( or my direct continued requests for information and notice of errors ). 
6. The first correspondence received from Bayview Loan Servicing regarding the status of the account was n't received until XXXX XXXX - eighteen ( 18 ) months after their promise of a forthcoming response dated XXXX/XXXX/XXXX. It was Notice to Accelerate. To date I 've received no further communication from Bayview regarding Case number : XXXX

Company response to consumer: Closed with explanation