Consumer complaint received 2018-04-12
Product: Mortgage — Other type of mortgage
Issue: Struggling to pay mortgage — 
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC) (FL)

Detailed Hardship We began a new business, XXXX XXXX XXXX XXXX XXXX and XXXX. The business was broken into twice and was not successful. The XXXX, ____________ mother, had a XXXX XXXX and has been unable to work. Our son, now XXXX years of age, was born with a  XXXX XXXX ( XXXX  ) which requires him to be on a very specific and expensive diet. For a period of time, our son required specialist visits three times a week. Our health insurance premiums are very high to cover costs of the XXXX ____________ was diagnosed with XXXX XXXX XXXX   and XXXX XXXX. For years we struggled to make payment but made what we could when we could. In XXXX XXXX refused a partial payment and we were told to make 3 monthly installment payments which could not be done. From that point forward we have exhaustively tried to obtain a response to our complete loss mitigation application. 
Foreclosure Suit A foreclosure complaint was filed on XX/XX/XXXX. A default final judgment was entered on XX/XX/XXXX. The foreclosure sale was scheduled and cancelled five times from XX/XX/XXXX until the sale was held on XX/XX/XXXX. The cancellations were due to our loss mitigation application and the loan servicing. A complete copy of the court docket is attached hereto. 
Servicing On XX/XX/XXXX I was advised my loan servicer was changed from XXXX to Bayview Loan Servicing , LLC, a copy of which is attached hereto. 
Loss Mitigation Application On XX/XX/XXXX, we wrote a hardship letter requesting assistance to stay in our home. InXX/XX/XXXX we completed a Request for Mortgage Assistance which was sent to XXXX. On XX/XX/XXXX we received another letter regarding the change in loan servicing. On XX/XX/XXXX we sent in an application for loss mitigation by fax to XXXX which contained a total of 49 pages. On XX/XX/XXXX we received a letter requesting missing documents from XXXX XXXX. On XX/XX/XXXX we received a notice from Bayview Loan Servicing advising our hazard insurance expired. On XX/XX/XXXX an email was sent to XXXX XXXX requesting contact. On XX/XX/XXXX an email was sent to XXXX XXXX requesting contact. XX/XX/XXXX we received a letter from XXXX XXXX advising our application was incomplete. On XX/XX/XXXX an email was sent to XXXX XXXX requesting contact. On XX/XX/XXXX we wrote a hardship letter requesting assistance to stay in our home. On XX/XX/XXXX we received a letter from XXXX XXXX acknowledging receipt of our loss mitigation application. On XX/XX/XXXX we received a letter from XXXX XXXX advising items we needed to complete the application. On XX/XX/XXXX we were advised credit reports were pulled. On XX/XX/XXXX we were advised credit reports were pulled. On XX/XX/XXXX we received a letter from XXXX XXXX advising our loss mitigation application was incomplete. On XX/XX/XXXX we received a letter advising the application was received in whole or in part. On XX/XX/XXXX we were advised credit reports were pulled. On XX/XX/XXXX we were advised credit reports were pulled. On XX/XX/XXXX we received a letter stating our point of contact is XXXX XXXX. On XX/XX/XXXX through XX/XX/XXXX emails were exchanged with XXXX XXXX. On XX/XX/XXXX, we received a letter from XXXX XXXX stating our application was incomplete. On XX/XX/XXXX XXXX XXXX acknowledged receipt of the application by email. On XX/XX/XXXX we wrote a letter to the Court. On XX/XX/XXXX we received a letter from XXXX XXXX advising how we can send in a loss mitigation application. On XX/XX/XXXX we received a letter from XXXX XXXX acknowledging receipt of our loss mitigation application. On XX/XX/XXXX we received a letter from XXXX acknowledging receipt of our loss mitigation application. On XX/XX/XXXX we received a letter from XXXX identifying missing third party information. On XX/XX/XXXX we received a notice for Cash for Keys. 
Violations Including, but not limited to : ( i ) failure to keep continuity of contact ; ( ii ) failure to identify NMLS # s ; ( iii ) failure to acknowledge receipt of loss mitigation applications ; ( iv ) failure to identify missing documentation ; ( v ) failure to adhere to suggested deadlines ; ( vi ) violating prohibition on dual tracking ; and ( vii ) holding a foreclosure sale while loss mitigation application was still pending. 



XX/XX/XXXX To Whom it May Concern, Im writing this letter in reference to loan number ___________. We fell upon a few years of hard times and tragedies that led to us falling behind on our mortgage and we take responsibility for that. We began a new business that was broken into twice and was not successful, we had a child born with a XXXX XXXX which requires him to be on a very specific and expensive diet and for a period of time, we had to see and pay specialists three times a week. My mother-in-law had a XXXX XXXX and my husband had XXXX XXXX XXXX causing him to be out of work for an extended period of time. Due to these circumstances, my husband fell into a XXXX XXXX XXXX XXXX and was diagnosed with XXXX XXXX XXXX  and XXXX XXXX. We attempted to make a payment, however, it was refused unless we could provide 3 months worth and that was not possible. We are back on our feet and have gotten our issues in order now. We feel that our loan was mishandled and that the staff members were unprofessional and negligent, resulting in the loss of our home. 
Our intention from the beginning was to maintain possession of our home and we have complied several times in providing the required documents. However, many times, we were notified that we were missing documents but were not told what those documents were making it impossible to provide them. We reached out to find out each time and our messages were not returned. From the beginning, there was never an open line of communication. We reached out several times via email or voicemail without returned communication. We even have emails stating that we had left several messages or emails without being contacted back. On one of these occasions, we submitted all of the requested information and received again no verification that they received it. After several phone calls and emails, XXXX XXXX stated that we did not get the requirements in by the deadline ( which we had. ) I asked him to review his email again because I was sure we sent it in on time and he stated that sometimes the department that is supposed to upload the information takes a couple of days to do it so that department did not upload it on time although we had submitted it on time. He again requested more updated information and we again complied and resubmitted the same information updated. We received a letter dated XX/XX/XXXX that stated Bayview had received our package and that they would be reviewing our case and would give us an answer within 30 days. We attempted to contact him again just to ensure that there was nothing we should be doing in the meantime again, with no response. However, we did get a letter in the mail on XX/XX/XXXX, Introducing Our Contact, which was XXXX XXXX ( the same person we had been dealing with all along ).

Soon after receiving that, we received the letter stating that the scheduled foreclosure sale would be on XX/XX/XXXX. We reached out to him several times through email and phone calls, again with no reply. When XXXX XXXX finally did reply, he stated that we were never sent the letter stating that they had received our paperwork. He asked us to send him a copy, which we did, and that he would be in the office until XXXX XXXX XXXX. We sent the fax, emailed, and called his office, again with no response. After another email or two asking if he had received the document that they had sent us, his response was, " Yes, I received it. Thanks. '' There was no further directions on how to proceed or what to do from there. Friday XXXX, I arrived home to see that there was an overnighted package on my porch that stated that we were missing documentation ( although it did not state what documentation ) and there was a new person 's name on the paperwork as the contact person. I contacted XXXX XXXX who was our new appointed person. She stated that although the paperwork may have been there by the deadline, they get thousands of emails a day and it takes them time to upload the documents and I shouldve sent it earlier. I explained to her that we had a deadline and it was submitted by the deadline and if it was going to take several days to upload then the due date shouldve been set for several days earlier. She then said, I dont understand why it takes you a month to get pay stubs in the first place. I explained to her that we had no idea that we were missing paystubs because we were never informed of that. She said we received a letter stating what we were missing ( which we did not ) and that the system says that XXXX XXXX returned my phone calls and we didnt answer. This was also untrue unless he called the home phone number during the day when we were working and did not leave a message. This should not have been the phone number used as he was provided with email addresses and cell phone numbers where we could be reached. XXXX XXXX suggested we go to the courthouse and fight to cancel the foreclosure sale that was set for XX/XX/XXXX. He told my husband that if we got the sale cancelled, he would be happy to work with us to try to get a loan modification. We did get the foreclosure postponed until XX/XX/XXXX. We emailed XXXX XXXX to let him know. He sent us a new package again and we completed the entire package and attempted to fax it for two days and the fax would not go through. We reached out to XXXX XXXX for a working fax number and sent the entire package to him the week before the foreclosure sale date. He responded that he had received the information and that he would put a rush on it. I called XXXX XXXX several times with no response then reached out to him again on XX/XX/XXXX, the day before the foreclosure sale via email again with no response. See email below. 
Dear XXXX XXXX, I have called a few times since last week and have not received an answer. I know that there was some difficulty with your fax machine but that you did receive our paperwork. My question is, what happens with the foreclosure sale that is supposed to happen tomorrow? Does it get postponed while you review our paperwork? Please call me or email us to notify us. We would really like to know if we have the possibility of keeping our home pending the review of our paperwork. 

Thank you, The day of the sale, my husband attempted to speak with XXXX XXXX several times to see if our home would in fact be foreclosed on. XXXX XXXX sent an email stating that he would call him in 10 minutes, meanwhile, our home was on the list to be auctioned in a few minutes. XXXX XXXX called my husband an hour later as our home was being auctioned. My husband said, Youre calling me right in the middle of the auction? XXXX XXXX said that he saw that it was happening at that time and that he was going to contact the attorney and call my husband back. He still has not called my husband back to explain what happened. XXXX XXXX called our home the night our house was auctioned and stated that all of our paperwork was in and he couldnt do anything to stop the sale because the county was going through with it. He also suggested we get a lawyer because we were not given enough time and that there is a 37 day rule. That is incorrect information because the 37 days applies to 37 days prior to the sale so we were given incorrect information. He then told me to contact XXXX XXXX to see how we could have the sale rescinded. He also stated that he would call me back to let me know who the plaintiff was so that I could speak to them about getting it rescinded. I still have not been told who that is so that I could see what we could do. 
At this time, our phone calls are being reviewed, however, I hope that the emails and voicemails are being reviewed as well as there are few phone conversations since we were seldom called back. I also hope that the system that shows that he returned phone calls, states what numbers were being called and cross referenced with the phone numbers left via email and voicemail as I have only received 1, or maybe 2 messages at home and none on either cell phone number that was provided. 
It is my understanding that we are required to receive a denial letter and we did not receive this letter. In fact, we did receive a letter two days after the sale stating that all of the required documents had been received and that any foreclosure proceedings would be stopped. We were told that this was an error. We were also told that a due date is in fact a due date even if the documents are not uploaded on time meaning that all of the required documents were received before the due date. We were also encouraged by XXXX XXXX to look into the 37 day rule which was also an error because it does not apply to our situation. These may seem like simple errors to Bayview but they are not simple errors for us as this is our home. We have done everything that we were told to do several times and feel that Bayview was negligent in the handling of our loan. This has been a home to me and my family for a long time and our blood, sweat, and tears went into making this home ours. The careless mishandling of our paperwork has caused us great emotional distress and has given us hope several times, just to knock us back down. There will be a package sent to Bayview with a complete timeline and copies of communications we received. This letter, and the documents in the package will be forwarded to the CFPB and Florida Attorney General.