Consumer complaint received 2017-06-13
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Dear CFPB, Thank you for doing this! The background of my complaint is as follow : I purchased the property in  XX/XX/XXXX . I had to assume the loan from the previous owner, in order to purchase the property, because it was the terms of the loan the previous owner took on. It has a 7-year blackout period, during which we could n't refinance or pre-pay, despite orbital interest rate of 8.75 %. When the " blackout period '' was over in  XXXX , I asked Bayview to refinance the loan, and their response was " You are in CA, we are in FL. You are out of our servicing territory. '' and " Since the previous owner is still on the loan, you have to find him in order to refinance this loan ''. Of course, I could n't find the previous owner. He was on the loan purely based on the requirements of Bayview Loan, and not my wish or needs. Due to the high interest rate, and our inability to refinance, we ran into financial troubles with the property, which led to its foreclosure, despite the fact that we have a lot of equity in the property ( market value was $  XXXX , loan amount was $  XXXX   ).   <P/> During the foreclosure process, I received the payoff demands from the lender, and noticed that an escrow advance amount of {$15000.00} was wrongfully charged to me. I contacted the company, and the item was taken off, and my account was re-credited, but that amount was never reflected in the payoff letter, and therefore, they still owed me that amount, after the surplus payment from the sale.  <P/> I am attaching my letter to  Bayview  with all supporting documents below. Through it, you can see all events in chronological order. I hope you can help me to keep them honest and straight-forward in their review of my complaint. If I can provide any additional information, please let me know.  <P/> Thank you and regards,  XXXX   XXXX   XXXX  ( mobile )  XXXX  XXXX  XXXX  -- -- -- -- -- -- -- -- -- -- -- -- -- - Dear Bayview Loan Servicing , LLC ( c/o  XXXX   XXXX ,  Customer Support  Department ) I received your letter, dated  XX/XX/XXXX   ( s ee Exhibit #  1 ),  stating that you have reviewed my file, and that no money is owed to me at this time. I found it very disappointing that, despite the fact that I have initially contacted you  ( Bayview Loan a nd   XXXX   XXXX   XXXX   XXXX   ) about this discrepancy back in  XX/XX/XXXX , and despite many phone calls and correspondences ( mostly from me to you ) to provide you with background and documentation, you still ended up with a very narrowly-scoped review, and a very convenient response, in your favor, that you dont owe me any money.  <P/> Therefore, I will present the following events in chronological order, and with supporting documentations ( i.e. Exhibits ) so that it can help you do a more complete review and come to the right conclusion in paying me back the amount you owe.  <P/> 1. On  XX/XX/XXXX  I received a letter from your Attorne y Office ( see Exhibit # 2 ), in forming me of the payoff demands for the property, which was scheduled to be sold at a foreclosure auction on XX/XX/XXXX . In this letter, a list of charges was presented. I noticed that an escrow amount of {$23000.00} was included, which was much more than I would expect.  <P/>  2.  After multiple attempts to sell the property on our own before the auction date, and failed. The property was sold at foreclosure auction on XX/XX/XXXX , as scheduled. The reasons leading to this foreclosure is partly due to your unreasonableness and un-cooperative actions, which I can elaborate, if needed.  <P/>  3.  On  XX/XX/XXXX  I went into my   XXXX   XXXX   XXXX   XXXX   website and looked into my account, and found that the escrow balance was {$23.00},  XXXX , which is consisted of : {$3100.00} ( previous escrow balance ) + {$4300.00 } ( county ta x ) + {$15000.00}  ( haz . insurance imposed by lender ). See Exhibit  # 3  and Exhibit  # 4.   <P/>  4.  I immediately contacted   XXXX   XXXX   XXXX   XXXX   ( acting as loan servicer f or Bayview ), reg arding this wrongful charge of {$15000.00}, for hazard insurance, which I already have coverage. See Exhibi t # 5.   <P/> 5. On the same day (  XX/XX/XXXX   ),  I called my insurance agent, and they promptly sent   XXXX   XXXX   XXXX   XXXX    t he Certificate of Liability Insurance, w ith effective date of  XX/XX/XXXX  - XX/XX/XXXX . Please note that  XX/XX/XXXX  was the last day of my ownership, because the property was sold on that day. See Exhibit  # 6.   <P/>  6.  With this proof of insurance,   XXXX   XXXX   XXXX   XXXX   insurance department promptly re-credited my escrow account the amount of {$15000.00}.   XXXX   XXXX   XXXX   XXXX   even sent me a Confirmation of    Insurance Cancellation . Please note that the reason for the cancellation is : Evidence of other insurance coverage has been provided. See Exhibit #  7.   <P/> 7. To confirm the wrongful charge was taken off my escrow account, I went into my account on XX/XX/XXXX , and confirmed that that hazard insurance amount is now {$0.00}. See Exhibit  8 and Exhibit 9 . At this point, I was satisfied that my complaint of the wrongful amount was addressed, and was confident that this updated information would be forwarded by   XXXX   XXXX   XXXX   XXXX  /Bayview to your Attorn ey Office (    XXXX   XXXX   XXXX   )  and your Trustees Office (   XXXX   XXXX   ), whom you have hired to handle the foreclosure sale, to be reflected into a new payoff calculation.  <P/>  8.  Fast forward a few months, when the Trustee (   XXXX   XXXX   ) was finally ready to disburse the surplus of the sale to me, I received an email from  XXXX   XXXX  of  XXXX   XXXX  that the escrow advance amount was still {$23000.00} ( no change! ). See Exhibit  # 10.  I was very surprised and disappointed that despite all the work I have done several month ago, a new payoff demand was never worked up b y Bayview Loan,  and given to your  Trustee (   XXXX   XXXX   ) .  XXXX   XXXX  said for me to work directly with the lender for the discrepancy. They was only doing what was told to them by the lender.  <P/> 9. On XX/XX/XXXX  I received the check of {$77000.00} for the excess sale proceeds. This is 75 % of the total surplus, as my ownership is only 75 % of the property. A check stub also showed the same amount. See Exhibi t # 11.   <P/>  10.  I then immediately contacted   XXXX   XXXX   XXXX   XXXX   and  Bayview Loan, after many  fingerprinting back and forth between   XXXX   XXXX   XXXX   XXXX   and  Bayview Lo  an , and many months passed, it was finally determined between thes e two entities that Bayview is  responsible for resolving this matter with me. I received a letter from   XXXX   XXXX   XXXX   XXXX  , stating this conclusion, and that my point of contact  at Bayview Loan  is  XXXX   XXXX  at  XXXX . Over a course of more than a month, I have tried repeatedly to call and left many messages for  Ms  XXXX   XXXX   XXXX  to call my back, but heard absolutely no response or reply.   Without any other mean to reac h Bayview Loan, I wen t on your website and sent you an email on  XX/XX/XXXX  See the email below.  <P/>  11.  I received a letter from  Bayview Loan, stat ing that you would do a review and get back to me by  XX/XX/XXXX . And subsequently, I received your letter as shown in Exhibi t 1 .  <P/> At this point, if you have acknowledge that you wrongfully charged me {$15000.00} for hazard insurance that I already have coverage for, and that you dont owe me any money. I respectfully request evidence of a payment or check that was sent fro m Bayview Loan  to me, reflecting the payment for the wrongful escrow advance. If not, please pay me this amount promptly. This issue has been brought to your  ( Bayview Loan ) a ttention more than a year ago.  <P/> Sincerely,  XXXX   XXXX

Company response to consumer: Closed with explanation