Consumer complaint received 2016-09-09
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: CA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
Bayview Loan Services is engaged in Mortgage Service Abuse Bad Faith and Unfair Business Practices, and Breach of Contract. 

Bay view is material breach of paragraph XXXX of the Home Affordable Modification Agreement- for Loan # XXXX. -Exhibit-A XXXX and XXXX XXXX entered in to a loan modification with XXXX XXXX XXXX XXXX , XXXX. on XXXX/XXXX/XXXX with the first payment to commence on XXXX XXXX. 
The loan Servicer change on XXXX/XXXX/XXXX form XXXX XXXX XXXX XXXX, XXXX. Loan # XXXX to Bayview Loan Servicing Loan # XXXX. 
In XXXX XXXX after the third anniversary of the Loan Modification the homeowner contacted Bayview Loan Services in regards to status of the Deferred Principal Reduction Amount which had shown not change. 
In XXXX XXXX XXXX XXXX again contacted Bayview Loan Servicing to inquire as to the when she would receive the XXXX for the balance of the Deferred Principal Balance Forgiveness as per the final Modification anniversary date of the Modification XXXX/XXXX/XXXX. The Homeowner was told to submission a written request to Bayview research department which was done on XXXX/XXXX/XXXX. 
In response to the Homeowner written request Bayview Loan Servicing sent a letter dated XXXX/XXXX/XXXX Exhibit- B making no reference to the Deferred Principal Balance forgiveness as out lined in paragraph XXXX of Exhibit -A, But only {$660.00} accrual though Date XXXX/XXXX/XXXX. 
On XXXX/XXXX/XXXX again reached out to Bayview Loan Servicing for further clarification as to why there was no action on the part of Bayview Loan Servicing for the Deferred Principal Forgiveness and spoke to an XXXX XXXX # XXXX who agreed that there should be a credit of {$49000.00} of the deferred principal that was to be forgiven. 

Exhibit -A Home Affordable Modification Agreement- for Loan # XXXX XXXX XXXX pages Pages XXXX paragraph XXXX -- modification date first modified payment will be due XXXX/XXXX/XXXX. 
Paragraph XXXX, new maturity date will be : XXXX XXXX, XXXX Paragraph XXXX the of the new note will include all amounts and arrangers that will be past due as of the Modification Effective Date ( including unpaid and deferred interest, fees, escrow advances and other cost, but excluding late charges modified principal balance of {$610000.00} as the new Principal Balance. 
Paragraph XXXX {$140000.00} of the new principal balance shall be deferred and will be treated as a non- interest bearing PRINCIPAL FORGIVENESS. 
The Deferred Principal Balance is eligible for forgiveness ( the " Deferred Principal Reduction Amount '' ) .Provided I am not in default on my new payments such that the equivalent of three full monthly payments are due and unpaid on the last day of any month, on each of the first, second and third anniversaries of XXXX XXXX, XXXX, the Lender shall reduce the Deferred Principal Balance of my Note in installments equal to one-third of the Deferred Principal Reduction Amount. The New Principal Balance less the Deferred Principal Balance shall be referred to as the " Interest Bearing Principal Balance '' and this amount is {$460000.00}.

Company response to consumer: Closed with explanation