Consumer complaint received 2018-06-28
Product: Mortgage — Conventional home mortgage
Issue: Trouble during payment process — 
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC) (CA)

I think that my home loan servicer Bayview Loan Servicing has not acted in good faith to try and assist me with neither a home loan modification, nor a hardship loan modification. Please take note that I initially requested a loan modification in XX/XX/XXXX. Bayview seemed to draw out the process, and requested more documentation at a snails pace. 

This initial attempt cumulated with me receiving a negative response from Bayview on XX/XX/XXXX. This was due to a my receiving a negative NPV score. On XX/XX/XXXX, I responded to the negative NPV letters, and stated that the information utilized to score my income was inaccurate, and did not correctly utilize my gross monthly income, nor did it utilize my wife 's income. I also requested an explanation of the NPV score. I attached updated and correct information to reflect our true income. I received a response letter from Bayview on XX/XX/XXXX stating that they had received my loss mitigation application. On XX/XX/XXXX, I received a credit report from Bayview showing that my credit score was XXXX, as of XX/XX/XXXX. 

On XX/XX/XXXX, I received a Letter from Bayview stating that my loss mitigation application was incomplete, and it requested additional documentation be provided by XX/XX/XXXX. On XX/XX/XXXX, both my wife an I received Notice of Trustee Sale letters, which stated that my home would go up for public auction on XX/XX/XXXX. The letter also contained a Notice to Property Owner about the sale. On XX/XX/XXXX I engaged a Homeowner representative to assist me with dealing with the situation. On XX/XX/XXXX-XX/XX/XXXX, I submitted an updated Uniform Applicant Assistance Form/Form 710, along with the documentation that the application called for. 

On XX/XX/XXXX, I received a notice of payoff demand from the XXXX XXXX. The latter gave me until XX/XX/XXXX to re-instate my loan. In the amount of {$280000.00}. I also received a mortgage statement from Bayview, with a reinstatement amount of {$47000.00} to re-instate the loan, and an accelerated amount of {$280000.00}. There are three separate amounts, and it was highly confusing. On XX/XX/XXXX, I received another letter from the XXXX XXXX, which showed a new re-instate amount of {$46000.00}. This was a fourth different amount, and added to my confusion. 

On XX/XX/XXXX, my home was valued at {$490000.00}. The starting auction bid was {$230000.00}. My representative, at my request was able to negotiate additional month, before my home was to be auctioned off. The new auction date was set on XX/XX/XXXX. Do to my situation, I was able to secure a loan from my 401 K, and on XX/XX/XXXX, I submitted an electronic payment directly from my bank to Bayview, in the amount of {$47000.00}. Per my mortgage statement, dated XX/XX/XXXX, my re-instatement amount due was {$47000.00}. The payment arrived prior to my receiving my XX/XX/XXXX mortgage statement. Although my payment was submitted electronically to Bayview on the XX/XX/XXXX, it does not appear to have been applied to my account until XX/XX/XXXX. I received my next statement which was due on XX/XX/XXXX. The re-instatement amount had grown to {$50000.00}. Please keep in mind that the previous reinstatement amount of {$47000.00} had already been received by Bayview, and had not been applied to my account. On XX/XX/XXXX, I electronically transmitted a payment in the amount of {$3000.00}. It appears that this payment was not applied to my account on XX/XX/XXXX. This was fully four ( 4 ) days later. this payment brought my total payments to the reinstatement amount of {$50.00}, XXXX. My account is now reinstated. 

In preparation for the payment that I made online, on XX/XX/XXXX, I checked my Bayview online account. As I had not gotten a response from my hardship application, I went to the hardship application page, and found that my hardship application had been denied on XX/XX/XXXX/XX/XX/XXXX. I had never received a response on the hardship application that I submitted on XX/XX/XXXX-XX/XX/XXXX. As I checked my hardship application page, it appeared that all of my documentation had been submitted, and that there was nothing amiss. 

Why was I denied the hardship request? I eventually found out. I had attempted to make contact with my asset manager XXXX XXXX, during the week of XX/XX/XXXX-XX/XX/XXXX, but she was out of the office and unavailable for the entire week. This was very troubling, as my payments had not been applied to my account, and I wanted to verify that my account was in fact re-instated. I was finally able to schedule a call the next week, an I eventually spoke to here on XX/XX/XXXX. I was ensured that all was up to date, my account was back in good standing. Coincidentally, I received a letter on XX/XX/XXXX, overnight XXXX. The letter was dated the day before, XX/XX/XXXX. This letter is pure fabrication, as it stated that my application request was denied because my application was incomplete, and that I did not submit all of the documents that Bayview requested. This was totally false an inaccurate. Bayview clearly was not making a good faith effort to assist me in the hardship process. They did not respond to hardship application, and they knew they had to cover their tracks. As of today, I can no longer see the hardship application tab on my online account, it shows that all of my documentation was submitted properly and that I did not receive any communication from Bayview until XX/XX/XXXX. This was obviously a clumsy attempt to cover up wrong doing on the part of Bayview. 

Bayview 's handling of my mortgage modification and hardship applications, were either incompetent at best, or fraudulent at worst. I have had two ( 2 ) different asset managers ( XXXX XXXX XXXX and XXXX XXXX ) working on my applications sent I initiated the process. Neither are very engaged, nor are the very communicative with me. They are difficult to make contact with. In fact, both Customer Service and Customer Relations lines, will only let you make a payment, or speak with your asset manager. This is definitely convenient for the home owner, as XXXX XXXX is rarely in the office. The home owner must leave a message or schedule a call back time. if you are on a time line to lose your home, I would think the servicer should have some additional back up for the asset managers. 

There handling my attempt to modify my loan appears corrupt and unlawful, and I would like it to be investigated. Fortunately for me, I had the means to recover, but lot of home owners do not. Hopefully, this leads to an investigation of Bayview internal business practices, that will help some other distressed home owner in the future. 

Sincerely, XXXX XXXX XXXX, XXXX , XXXX