Consumer complaint received 2015-06-11
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: FL
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
We sold our primary residence XXXX 2010. At the time of that sale, we executed a Restated Note for {$35000.00} in order to facilitate a short sale since that was required by Bayview Loan Servicing in order to sell our the home - they gave us no other choice. The sale of our primary residence was due to my relocation from XXXX to XXXX for work. 

Payments were to commence XXXX XXXX, 2010 for {$190.00} pursuant to the Note. 

I have an email dated XXXX XXXX, 2010 from XXXX XXXX, Residential Asset Manager for Bayview Loan Servicing- she directed us to send our payments to her attention at the address below:XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXXFor six months ( from XXXX 2010 through XXXX 2010 ) - we made the payment of {$190.00} and mailed it to the above address to her attention. NOT XXXX CHECK WAS EVER CASHED BY BAYVIEW LOAN SERVICING. Since I use online banking - my bank make all payments, they can verify that they cut the checks, mailed them to the address above and not XXXX check cleared. 

Due to the checks not clearing, I left several voice messages for XXXX XXXX in 2010 at the number she provided on her email signature - all with no response. 

In addition to no check ever being cashed and no response from the only Bayview Loan Servicing contact we had - we have NEVER received any correspondence whatsoever from Bayview Loan Servicing since XXXX XXXX 's email response to my inquiry as to where to send the payments - dated XXXX XXXX, 2010. 

There has NOT been XXXX letter, XXXX email, or XXXX phone call from Bayview Loan Servicing in over 5 years. No payment was ever cashed and there was no response to all the inquires we made to the Bayview Loan Servicing representative we were given. We did not know what to do - or where to send payments. 

Last week ... FIVE years after absolutely NO communication from Bayview Loan Servicing - I pulled my credit report only to find that Bayview Loan Servicing decided to start reporting this obligation last month and is showing it as delinquent. Five years - no communication from Bayview Loan Servicing - but arbitrarily decided to start negative reporting to the bureaus last month. 

In summary, we attempted to honor the obligation we made five years ago - but Bayview Loan Servicing did not. This obligation was completely ignored by Bayview Loan Servicing for almost five years ... payments never cashed, phone calls never returned and no communication in any manner from Bayview Loan Servicing was made to collect on this debt. 

Now Bayview Loan Servicing, in an attempt to collect on a debt that we attempted to pay over five years ago is using abusive tactics by reporting negative information to the credit bureaus. 

I have called Bayview several times and am getting nowhere - nobody can help me and they insist all they can do is review my " claim '' via fax or email. I have sent several letters. My credit is ruined now and I can not get anyone to discuss this matter with me.

Company response to consumer: Closed with explanation