Consumer complaint received 2025-02-15 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Foreclosure
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: CA

Complaint narrative:
I am filing this complaint against Bayview Loan Servicing , LLC ( now Community Loan Servicing , LLC ) XXXX XXXX XXXX due to wrongful foreclosure, failure to provide proper foreclosure notice, and failure to return surplus funds related to my property at XXXX XXXX XXXX, XXXX, XXXX.Bayview Loan Servicing foreclosed on my property without properly serving me notice, and I have evidence that no valid public auction took place. Additionally, Bayview falsely claimed that no surplus funds were available from the sale, despite evidence that a surplus should have existed. 
Violations & Key Issues : Failure to Properly Serve Notice of Foreclosure The law firm XXXX XXXX, acting on behalf of Bayview, claims that a Notice of Foreclosure Sale was sent via certified mail. 
However, I was never personally served with notice of foreclosure, nor was proof of personal service ever provided. 
There is no evidence that I received or signed for the foreclosure notices. 
Failure to Hold a Proper Public Auction Bayview states that my home was sold at auction for {$330000.00} on XX/XX/year>. 
However, I have been unable to locate any public auction records, newspaper publications, or sale confirmation documents that prove a legitimate auction occurred. 
There is reason to believe that the foreclosure sale may have been private, fraudulent, or conducted in a manner that violates foreclosure sale requirements. 
Mishandling of Escrow Surplus Funds Bayview claims that no surplus funds remained after the foreclosure sale. 
However, my mortgage balance at the time of foreclosure was {$390000.00}, while the home was sold for {$330000.00}. 
This does not account for additional fees and escrow balances, which should have resulted in a surplus amount of approximately {$56000.00}. 
Bayview has failed to provide a detailed breakdown of how all funds were applied and why no surplus was available. 
Failure to Communicate & Provide Requested Documentation I have repeatedly requested documentation regarding the foreclosure process, auction details, and application of sale proceeds. 
Bayview has ignored requests for full accounting details and has refused to provide verification of the auction sale. 
Requested Resolution : Full investigation into the foreclosure process to determine whether Bayview and XXXX XXXX complied with all legal notice and service requirements. 
Audit of the foreclosure sale and funds to verify if surplus funds were mishandled, improperly withheld, or misapplied. 
Disclosure of all foreclosure-related documentation, including : Proof of valid service of foreclosure notices. 
Records of public auction advertisements. 
Itemized breakdown of foreclosure sale proceeds. 
Any unclaimed surplus funds due to me. 
Potential reversal of wrongful foreclosure if the foreclosure process is found to be legally defective. 
Bayview Loan Servicing ( Community Loan Servicing ) must be held accountable for their failure to follow proper foreclosure procedures and mishandling of funds. I request that the CFPB investigate this matter immediately. 
Supporting Documentation : Foreclosure letters from Bayview XXXX XXXX XXXX. 
Evidence showing no record of public auction. 
Communications with Bayview requesting sale breakdown. 
CFPBs previous correspondence confirming investigation is warranted. 
I am requesting immediate review and regulatory intervention to ensure that Bayview ( Community Loan Servicing ) is held accountable for violating foreclosure procedures and mishandling funds.

Company response to consumer: Closed with explanation