Consumer complaint received 2021-03-15
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: NY
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
This is a dispute over a home owner entering into a Loan Modification Agreement, making the payments required in the Modification Agreement, and making the Tax payments and Insurance Payments with the Lender chosing not to recognize the loand is current and failing to credit the payments to principal and interest but placing them into a suspense account. 

The Mortgage lender is Community Loan Servicing LLC, ( hereinafter Community ) a limited liability company organized and existing under that laws of the State of Delaware, with principal offices located at XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX Florida XXXX. 

Community is engaged in the business of being a mortgage lender and assignee purchaser of existing mortgages and servicing mortgage loans. 

Borrower is a party to the Mortgage on her Primary Residence who received a foreclosure action on or about XX/XX/XXXX. In order to eventually settle the foreclosure action, prior to entering into a loan modification agreement borrower paid eighty-thousand dollars ( {$80000.00} ) and executed a loan modification agreement with Defendant effective on XX/XX/XXXX. 

The Loan Modification Agreement, a true copy of which is submitted as a file herein, which according to Paragraph 3 required the Plaintiff to make the following payments : The Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of the Lender until the unpaid principal balance has been paid. Interest will be charged on the unpaid principal balance at the yearly rate of 5.75 % beginning XX/XX/XXXX the Borrower promises to make monthly payments of principal and interest of U.S. {$2400.00} beginning on XX/XX/XXXX and continuing thereafter on the same day of each succeeding month. If on XXXX/XXXX/XXXX ( the Modified Maturity Date ) the borrower still owes amounts under the Note and Security Instrument, as amended by the Modification, the borrower will pay these amounts in full on the Modified Maturity Date. 
6. Since XX/XX/XXXX the plaintiff has cumulatively made payments in excess of the principal and interest payments to defendant until XXXX of XXXX, when payments equaling the principal and interest payments were identical : Monthly Payment Date Cumulative Actual Payment Actual Cumulative {$2400.00} XXXX {$3300.00} {$2400.00} XXXX {$4800.00} {$3300.00} XXXX {$2400.00} XXXX {$7300.00} {$3300.00} XXXX {$2400.00} XXXX {$9700.00} {$3300.00} XXXX {$2400.00} XXXX {$12000.00} {$3300.00} XXXX {$2400.00} XXXX {$14000.00} {$2400.00} XXXX {$2400.00} XXXX {$17000.00} {$4800.00} XXXX {$2400.00} XXXX {$19000.00} {$2400.00} XXXX {$2400.00} XXXX {$21000.00} {$48.00} XXXX {$2400.00} XXXX {$24000.00} {$2400.00} XXXX {$2400.00} XXXX {$26000.00} {$1800.00} XXXX {$2400.00} XXXX {$29000.00} {$0.00} XXXX {$2400.00} XXXX {$31000.00} {$2100.00} XXXX {$2400.00} XXXX {$34000.00} {$1100.00} XXXX {$2400.00} XXXX {$36000.00} {$2400.00} {$36000.00} {$2400.00} XXXX {$39000.00} {$2400.00} {$39000.00} {$2400.00} XXXX {$41000.00} {$2400.00} {$41000.00} 7. There has never been a month since the commencement of the Loan Modification Agreement in which the cumulative amount actually paid was less than the cumulative amount due. 
8. A Forebearance Letter was sent to borrower granting a 180 day suspension of payments. Said letter is attached. 
8. Since the Loan Modification Agreement, Plaintiff changed Homeowners insurance policies and paid for a policy issued by XXXX XXXX XXXX that went into effect on the XXXX of XX/XX/XXXX and is currently in full force and effect through the XXXX of XX/XX/XXXX with Community Loan Servicing LLC listed at the Mortgagee at its request. Plaintiff directly paid in full for these policies. Additionally, upon terminating the former Insurance Company, XXXX XXXX, plaintiff received a refund check of {$1800.00} and at the request of Defendant returned this check to Defendant for a credit to my account, which was posted on XXXX XX/XX/XXXX. 
9. Since the loan modification, borrower has paid all property taxes in the second half tax of XXXX for a total payment of {$6700.00} which was paid on XX/XX/XXXX. 
10. In spite of borrower prepaying property taxes and Homeowners Insurance, the defendant has continued to claim that plaintiff is delinquent in its payments. 
11. On the XXXX of XX/XX/XXXX defendant sent a Notice of Default and Intent to Accelerate claiming that {$17000.00} in payments were due to cure a default. On XXXX XX/XX/XXXX, after making the Principal and Interest monthly payment of {$2400.00}, Community is reporting on its website that the total amount due is {$19000.00}. 
12. By making a claim for charges which plaintiff does not owe and threatening to foreclose on borrower 's home property, defendant is in breach of contract. Borrower has requested correction of this misapplication of funds but Community has refused to comply.

Company response to consumer: Closed with explanation