Consumer complaint received 2016-03-25
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: GA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan modification,collection,foreclosure

Complaint:
We surrendered our home in a bankruptcy filing in XX/XX/XXXX. The loan was sold by XXXX to Bayview Loan Servicing approximately one year later. We made many attempts to do a deed in lieu of foreclosure with both XXXX and then restarted the entire process again after the loan was sold almost a year after the bankruptcy filing to Bayview Loan Servicing. Neither lender would work with us for the deed in lieu of foreclosure which we accepted and then we were told the mortgage would go into foreclosure after all our attempts to make it a smooth transition for the mortgage holder as well. We have continued to pay Homeowner 's Association dues in the amount of {$370.00} a month ( adjusted annually upwards ) for over 2 years since we are still the registered owners and we can not refuse to pay the HOA fees until the mortgage holder sends a letter stating that the property is in foreclosure due to the requirements of the Bankruptcy rules ( no new debt may be incurred ). We just found out today that the foreclosure process officially commenced on XX/XX/XXXX yet we were never notified, and we have continued to pay the HOA fees every month, never being late either. It is our belief that Bayview Loan Servicing acted in bad faith, knowing we were paying the HOA fees, and even after numerous calls and conversations, they made no efforts to resolve the issue so that the foreclosure would go forward. We were told so many stories that it 's hard to begin to tell them all, but we found out today by the Bayview Loan Servicing law firm here in Georgia who handles their foreclosures, that the ONLY reason the foreclosure has not been completely finished is due to Bayview 's negligence to provide the law firm the AOM, Assignment of Mortgage details that must be recorded with the county in which the property is located. Bayview has known this step needed completion for many months and even the law firm stated today on the phone that Bayview has been non responsive to their requests to obtain the AOM and that the foreclosure would have been completely finished by now had they provided the AOM in a timely manner. We believe that Bayview not only acted in bad faith but that they also purposely left us holding the bag for paying the HOA fees every month so that they would not have take over the expense of the HOA fees once the foreclosure process was formally in process with the AOM in order. This company, Bayview has preyed on us to force us to maintain a property that we vacated 2 years ago and they made no effort, by their own admission on the phone today, to get the AOM issue resolved. If we were given a notice of foreclosure back in XX/XX/XXXX when Baview first put the account into foreclosure status, we would have no longer been required to pay the HOA fees which by paying them, has kept us in a continued state of financial hardship solely due to the negligence of Bayview Lending Services and them choosing not to follow their own proper protocols and by acting in bad faith. We believe we should have the foreclosure expedited and should be refunded the HOA fees we have paid since XXXX XXXX at the very least.

Company response to consumer: Closed with explanation