Consumer complaint received 2017-01-27
Product: Debt collection — Mortgage
Issue: Taking/threatening an illegal action — Threatened to sue on too old debt
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC) (FL)

Bayview Loan Servicing and their attorneys at XXXX stole our identities to pursue a wrongful foreclosure. XXXX ( me ) was XXXX by inspector picture taker sent by Bayview Loan Servicing while we were under the stay protection of Bankruptcy on XX/XX/XXXX. I filed a police report and have a video. We did have a XX/XX/XXXX Mortgage with XXXX and they filed for Chapter 11 Bankruptcy. The Mortgage was never endorsed to any business leaving the Mortgage Void. The bankruptcy lawyers for XXXX ( XXXX case XXXX ( XXXX ) XXXX ) recently sent us the Loan files XX/XX/XXXX proving again there were no endorsements. XXXX filed case # XXXX in XXXX County XXXX XX/XX/XXXX. The case was dismissed XX/XX/XXXX. We filed Chapter XXXX bankruptcy XX/XX/XXXX. XXXX filed a claim under XXXX whom we never had heard of. They filed an erroneous mortgage note from a homeowner in XXXX. They substituted Bayview Loan Servicing as Transfer of Claim other than for security XX/XX/XXXX. We dismissed the bankruptcy XX/XX/XXXX. XXXX filed a " motion to return original loan documents '' from the XXXX case on XX/XX/XXXX. Bayview has fabricated Mortgage Statements with our stolen identity and address. They have been depositing large amounts of money in the account since XX/XX/XXXX. 39 days before Bayview and XXXX sued us for foreclosure, they deposited {$21000.00} on the statement. They sent us 3 notices of default and intent to accelerate-XX/XX/XXXX/XX/XX/XXXX and XX/XX/XXXX. They filed a wrongful foreclosure suit in XXXX County XX/XX/XXXX ( past the 5 year Statute of Limitations XXXX ) case # XXXX. They falsely gave us loan modifications XX/XX/XXXX and XX/XX/XXXX stating we had applied for them.We did not. They keep asking for our social security numbers and sending us forms to sign. We have had no contact with them except to send qualified written requests which they failed to give us a straight answer as well as take longer than the law gives to send to us. We suspected they were eventually going to sue us so we just collected the info sent us. We started checking our credit reports and found they had been reporting themselves as a creditor for conventional real estate mortgage opened XX/XX/XXXX. We disputed their reporting and ALL of the Credit Agencies removed them. Our credit report now reflects XXXX Dollars owed on Real Estate. We now have a non jury trial on XX/XX/XXXX which will be preceeded by a Mediation. I can show a clear path where XXXX conspired with Bayview Loan Servicing to commit Mortgage Fraud. They now are including Foreclosure Attorney Fees right on their recent statements. We DO NOT owe them any monies nor do they have any legal right to obtain our property and get a Judgment Figure. XXXX is very prejudicially rough on homeowners and very few of us can afford a lawyer. Bayview Loan Servicing and XXXX have violated the Federal Fair Debt Collections Practices Act, 15 USC 1692 specifically 1692d ( ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person and 1692e 807, False or misleading representations, Conspiracy to commit Morgage Fraud under XXXX Statutes 817.535 & 817.545 ( 2d ).