Consumer complaint received 2016-07-29
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: AZ
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
Bayview Loan Servicing has approved us for an in-house modification ; however, before the permanent modification can be approved we must make three trial payments. Bayview Loan Servicing sent paperwork stating that the XXXX trial payments must be paid by the XXXX of each month with no grace period. Therefore, we are also confused as to why our Asset Manager, XXXX XXXX of Bayview Loan Servicing LLC, is stating the trial modification payments have to be made on the XXXX and XXXX of each month and contradicts the in-house modification paperwork Bayview Loan Servicing Hamp Escalations Department sent stating payments could be made on the XXXX of each month. On XXXX XXXX, 2016, our Asset Manager, XXXX XXXX, indicated, that if we make the trial payments on the XXXX of each month that Bayview Loan Servicing would consider our payment late, because the payment must be processed by the XXXX of each month and therefore the trial modification payment must be made by the XXXX or XXXX of each month. Therefore, I would appreciate if my Asset Manager, XXXX XXXX, and the Hamp Escalations Modification Department could alleviate this confusion by clarifying to me, is the payment considered late, if the payment is made on XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX as stated on the Loan Modification paperwork. 
( SEE EXHIBIT XXXX ) This confusion also comes at a time that I am dealing with a hardship of a XXXX husband and a crisis in my family of a funeral at the same time. I am trying to make sure I am successful with the trial payments on the in-house modification. This is so that I can make sure we are approved for the permanent modification. 
On the other hand, it seems that although Bayview Loan Servicing has approved us for an in-house modification that we are also being set up for failure with regards to the trial payments so that Bayview Loan Servicing can deny us for the permanent modification ( WE ARE DOOMED IF WE DO AND DOOMED IF WE DO N'T! ). If we did n't sign the modification agreement then the foreclosure would have continued. Our Asset Manager, XXXX XXXX, indicated on XXXX XXXX, 2016, if we make the payment on the XXXX of each month, the payment will not be processed on time and will be considered late. If a payment is late during the trial modification we will be denied a permanent modification. 
On XXXX XXXX, 2016, I stated to my Asset Manager that I do n't receive my checks until the XXXX of each month. My Asset XXXX, XXXX XXXX, stated to me that Bayview Loan Servicing could n't wait until the XXXX of each month for the payment to be made. I then stated to my Asset Manager, XXXX XXXX, that I would make the trial payment on the XXXX of each month. My Asset Manager, XXXX XXXX indicated to me that even if I make the trial payments on the XXXX of each month that the payment would be considered late by Bayview Loan Servicing because it would n't be processed in time. 
Through this entire ordeal it seems the only person that had been consistent after I filed a complaint with Consumer Financial Protection Bureau had been my Asset XXXX XXXX XXXX, this is why we took the conversation seriously on XXXX, XXXX, 2016. 
Finally, I would appreciate if my Asset Manager, XXXX XXXX, and the XXXX XXXX XXXX Department could alleviate this confusion by clarifying to me, is the payment considered late, if the payment is made on XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX as stated on the Loan Modification paperwork. Thank you for your time and trouble.

Company response to consumer: Closed with explanation