Consumer complaint received 2024-12-27 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)
State: PA

Complaint narrative:
To XXXX XXXX XXXX XXXX XXXX XXXX XXXX, I am identified as a joint borrower on XXXX XXXX XXXX loan number # XXXX, which was transferred to XXXX XXXX XXXX. Upon reviewing the unexecuted note, XXXX removed this loan from my credit report. However, as of XX/XX/XXXX, it began reporting again under XXXX XXXX XXXXXXXX with a loan number that starts with XXXX. This notice of error pertains to the XXXX XXXX XXXX modification note, loan # XXXX, AND both XXXX XXXX XXXXXXXX loan numbers referenced above. 
In XX/XX/XXXX, XXXX XXXX entered into this loan adjustment agreement with XXXX XXXX XXXX, which I did not consent to or execute ; therefore, reporting this loan to my credit bureaus violates the FCRA, ECOA, and Maryland Real Property Laws. 
1. Under the Fair Credit Reporting Act ( FCRA ), Section 623 ( a ) ( 1 ) ( A ) addresses the accuracy and integrity of information furnished to consumer reporting agencies. Specifically, it states that a creditor must not report data to a credit bureau if the consumer has not signed a contract or agreement authorizing the creditor to do so. 
a. My signature line says N/A on the XXXX XXXX XXXX XX/XX/XXXX, yet it continues to report to my credit bureaus b. This is a violation of FCRA Section 623 ( a ) ( 1 ) ( A ) 2. Prohibition on Reporting Inaccurate Information : This section states that a person ( or entity ) may not furnish any consumer information relating to a consumer reporting agency if the person knows or has reasonable cause to believe the information is inaccurate. 
a. Bayview contacted XXXX XXXX XXXXXXXX on XX/XX/XXXX regarding this inaccuracy as they DID have the documentation needed to process the assumption for XXXX XXXX, releasing me of liability. 
b. Bayview and XXXX have XXXX removed this mortgage from my credit report ; however, XXXX XXXX XXXXXXXX continues to neglect to acknowledge this error and the associated legal implications. 
XXXX. A valid and enforceable mortgage note must be signed by the borrower ( XXXX ) to be legally binding and reportable to credit bureaus. 
a. On XX/XX/XXXX, a XXXX XXXX XXXXXXXX representative told me my signature was not required for the XXXX Modified Mortgage Note because I was no longer on the deed to the home. My name should not have been listed on the note then. Regardless, it is unlawful and a violation of FCRA for XXXX XXXX XXXXXXXX to report a liability to my credit to which I did not consent and terms to which I did not consent ( {$100000.00} increase, {$240000.00} in deferred interest, and change from 30 yr fixed to a Balloon! ) all which are massive changes, NOT beneficial, and all which I would have never agreed to. 
4. Regulation B under the Equal Credit Opportunity Act ( ECOA ) states that a creditor shall not require the signature of an applicant 's spouse or other person, other than a joint applicant, on any credit instrument if the applicant qualifies under the creditor 's standards of creditworthiness for the amount and terms of the credit requested. 
a. XXXX XXXX XXXXXXXX reports the mortgage as a joint liability on my credit report ; therefore, my signature should have been required. This is a violation of ECOAs Reg B. 
XXXX XXXX XXXX qualified for this mortgage with his income and credit ONLY XXXX. In Maryland, the requirement for signatures on modification mortgage notes is governed by the Maryland Real Property Code. According to Section 3-105, any modification, amendment, or re-recording of a mortgage or deed of trust must be executed with the same formalities as the original document. This means that all parties whose names appear on the original mortgage OR deed of trust must sign the modification note for it to be legally valid and enforceable.

a. Bayviews error was not correctly processing the assumption after the modification was approved, as they stated they would do in a timely fashion. They escalated this to XXXX XXXX XXXX on XX/XX/XXXX. XXXX XXXX XXXXXXXX continues to ignore this error. Regardless of who made the error, XXXX XXXX XXXXXXXX now holds this modified note, and both creditors violate Maryland Real Property Code Section 3-105 6. A modification note must be recorded in Maryland to be legally effective. According to Maryland Real Property Code Section 3-101, any deed or instrument that affects the ownership or interest in real property must be executed and recorded to be valid. This includes modification notes for mortgages or deeds of trust. 
a. The modified Note dated XX/XX/XXXX was NEVER recorded with the State of MD.

7. A mortgage company can not report a mortgage to credit without your consent. Under the Fair Credit Reporting Act ( FCRA ), a creditor must have your permission to report information to a credit bureau. This means that if I did not sign the mortgage note or give explicit consent, the mortgage company should not be able to report it to my credit. 
XXXX XXXX XXXX was the only one who qualified for this mortgage. Only his credit and income were used, and only his signature and consent were given. Had I known that my name would be listed, and had I been allowed to sign a legally binding contract WITH MY NAME ON IT, I would have NEVER consented or signed.

8. It is illegal for someone to forge a signature or write " N/A '' on a signature line without ones consent and then proceed to report it to credit bureaus. This act constitutes signature forgery, which is a serious offense. 
a. Forgery is considered a felony in all 50 U.S. states, and it can result in criminal charges, fines, and even imprisonment. XXXX XXXX XXXXXXXX is reporting a forged document to my credit report. 
XXXX. The loan Adjustment Agreement states an agreement was made on XX/XX/XXXX by Bayview, XXXX XXXX, and XXXX XXXX. However, I, XXXX XXXX, did not execute the agreement. In addition, the notary acknowledgment dated XX/XX/XXXX does not contain my signature as a borrower on the executed agreement, and the notary for the State of Florida states the person ( s ) whose name is subscribed to the within instrument executed the same. These documents are all included for your review. 
XXXX0. In the letter dated XX/XX/XXXX, Bayview Loan Servicing asserts that my signature was not necessary on the modification because I relinquished my rights to the property through a Quit Claim Deed and a recorded divorce decree. However, they also claim that they did not initially receive those documents, which is why the final stepthe assumption portionwas not processed. This raises a question : if Bayview had the documents to justify excluding my signature from the modification note, how is it that they suddenly did not have them when it came time to process the release of liability? 
a. Bayview acknowledges this error and has escalated the matter to XXXX XXXX XXXXXXXX, who has been unresponsive to these entreaties. XXXX XXXX XXXXXXXX continues to re-report this mortgage, which is further harming my credit score. I have never been late on a payment, yet my credit score is negatively impacted by late payments attributed to XXXX XXXX, as well as a high balance that exceeds the original credit limit, and now, his foreclosure. 

Request for Information : I, XXXX XXXX, kindly request written documentation from XXXX XXXX XXXX and Bayview regarding the following : 1. The federal and state lending guidelines that confirm it is permissible under Maryland law, as well as the Equal Credit Opportunity Act ( ECOA ) and the Fair Credit Reporting Act ( FCRA ), not to require the signatures of all borrowers listed in a loan modification who are also named on the original note. 
2. Proof that it is permissible to modify the terms of a loan, increase the balance, extend the term, and transition from a conventional loan to a Balloon loan without obtaining the consent of the borrower named in both the original and modified note.

3. Confirmation of the receipt of the letter sent from Bayview to me, XXXX XXXX, on XX/XX/XXXX, indicating that they had indeed received all necessary documentation ( divorce decree and quit claim deed ) to process the assumption. However, they mentioned that the loan had been service released to XXXX XXXX XXXXXXXX before its processing could take place. Bayview also stated that they escalated the request to XXXX XXXX XXXX 
XXXX. As this constitutes a violation, I am formally reporting the unexecuted mortgage and the terms of this unauthorized modified note affecting my credit. I request a letter from XXXX XXXX XXXX addressing one or more of the following proposed resolutions : a. Remove the two mentioned loans ( loan number # XXXX and, as of XX/XX/XXXX, the loan number starting with XXXX ) along with the payment history dating back to XX/XX/XXXX from all three credit bureausExperian, XXXX, and XXXX ensure they are notified immediately of this deletion. 
b. Process the assumption and removal of liability as intended to be completed through Bayview and continue pursuing XXXX XXXX for the total amount he consented to. 
c. Alternatively, revert the loan to its original terms of a 30-year fixed-rate mortgage and eliminate the interest, fees, and deferred balance I ( we ) originally agreed upon.

Ultimately, this modification is not viable in its current form. If you plan to proceed with foreclosure on XXXX XXXX, whose balance stands at {$660000.00}, you must remove me from this situation. XXXXXXXX XXXX XXXX XXXXXXXX be unwilling to reach a resolution, I will pursue legal action against them for violations of the FCRA, as the information provided is significantly inaccurate. Additionally, I intend to file a police report for the forgery of my signature and submit a complaint with the Maryland Consumer Protection Division and the Attorney Generals office. The inaccuracies and errors in the documentation associated with this loan modification have resulted in considerable stress, financial damages, and challenges in securing credit. 
I have worked diligently for years to demonstrate that I fulfilled the requirements set by Bayview to release myself from full liability following our divorce : I removed myself from the deed, XXXX was approved for the modification, and he made three on-time payments. This was to ensure the release of liability would take place. I was not privy to the steps required after the quitclaim deed, as I was not supposed to be involved or mentioned in XXXX XXXX assumption moving forward. We completed all necessary steps, and Bayview has acknowledged that they possess everything needed to finalize that last step. The option is clear : release me from liability and cease reporting to my credit, as I did not execute the XXXX mortgage note.

Company response to consumer: Closed with explanation