Consumer complaint received 2026-06-10 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure
Company: LAKEVIEW LOAN SERVICING, LLC
State: CO

Complaint narrative:
YOUR COMPLAINT To Whom It May Concern : Pursuant to the Real Estate Settlement Procedures Act ( RESPA ), 12 U.S.C. 2605, its implementing regulation, Regulation X, 12 C.F.R. 1024.35, and applicable Colorado law including C.R.S. 38-38-103.1 and 38-38-104, I hereby submit this formal Notice of Error. I demand that you immediately cease all foreclosure-related activity and correct each of the violations described below. I. BACKGROUND AND PRIOR MODIFICATION VIOLATIONS This Notice arises in part from your servicer 's prior failure to properly implement and administer the previously approved loan modification on this account. A. VIOLATION OF PRIOR MODIFICATION PAYMENT SCHEDULE On or about XXXX XXXX XXXX, your servicer ( dba XXXX XXXX at the time ) approved a loan modification and issued a Trial Period Plan ( TPP ) for this account. Under applicable law and industry practice, the timing of the required trial payments is governed by when the approval notice was transmitted to the borrower : If sent on or before the XXXX of the month : The first trial payment is due on the first day of the following month. If sent after the XXXX of the month : The first trial payment is due on the first day of the month after the next, allowing the borrower a reasonable buffer period before payments begin. XXXX XXXX transmitted the trial period approval and payment schedule via U.S. Mail ( per the communication preferences established on the account ) on XX/XX/XXXX, stating the trial period payments were due on XX/XX/XXXX. It was also posted within the online portal on XX/XX/XXXX ( falsely stating the upload date was XX/XX/XXXX ) with an inexplicable back-date listed on the actual letter of XX/XX/XXXX. ( Refer to phone recordings documenting repeated attempts to obtain the modification approval in writing. These recordings occurred on XX/XX/XXXX, and XXXX, XXXX. ) This error was reported on multiple occasions, including via several requests to initiate a new application throughout XXXX and XXXX, without remedy. In fact, the servicer contact placed a note in the system stating : " Do not take ( legal Borrower name ) ' requests for a review of their modification start date. They are in foreclosure and may not open any applications for modification. '' All of this was also reported and tracked in real time via direct email correspondence with XXXX XXXX ( contact assigned to case : XXXX ). Despite this, your servicer demanded payment by XX/XX/XXXX, which was premature and inconsistent with the legally required payment schedule. As a direct result of your servicer 's improper administration of the prior modification not any failure on my part that modification was disrupted due to an accelerated timeline, and I was forced to submit the current loss mitigation application now pending before you. B. BACKDATING OF MODIFICATION COMMUNICATIONS I have further identified that your servicer backdated written communications relating to the trial modification approval and payment schedule. Specifically ( but not limited to ) : The letter or notice bearing a stated date of XX/XX/XXXX, was not actually sent, received, or made available to me until on or about XX/XX/XXXX. The backdating of these communications constitutes a separate and independent error and potential misrepresentation that directly harmed me and caused or contributed to the disruption of the prior modification. I retain all records, call recordings, and correspondence that evidence this backdating and reserve the right to present this evidence in any regulatory, administrative, or legal proceeding. This includes the well-documented correspondence and formal reports made to XXXX XXXX during this experience. II. CURRENT ERRORS ASSERTED ERROR NO. 1 FAILURE TO EVALUATE COMPLETE LOSS MITIGATION APPLICATION WITHIN 30 DAYS [ Federal Violation : 12 C.F.R. 1024.41 ( c ) ( 1 ) ] On XX/XX/XXXX, XXXX XXXX formally opened a new loss mitigation application necessitated directly by your servicer 's improper administration of the prior modification presumably including all documents and information your servicer requested that were already on-file via the prior modification review. Under 12 C.F.R. 1024.41 ( c ) ( 1 ), you are required to evaluate a borrower 's complete application and provide written notice of all available loss mitigation options, including mortgage modification, within 30 days of receipt of a complete application. As of the date of this Notice, more than 47 days have elapsed since submission. You have failed to provide any written determination, approval, denial, or offer of any loss mitigation optionin violation of 12 C.F.R. 1024.41 ( c ) ( 1 ). You have authorized your law firm to reserve a XX/XX/XXXX Auction Sale date with the XXXX XXXX XXXX. ERROR NO. 2 PROHIBITED DUAL TRACKING [ Federal Violation : 12 C.F.R. 1024.41 ( g ) ] [ Colorado Violation : C.R.S. 38-38-103.1 ] While my complete loss mitigation application remains pending and without having issued a written denial and allowing the applicable appeal period to expire your servicer has : Scheduled and/or continued to pursue a foreclosure sale of the above-referenced property with an Auction date scheduled for XX/XX/XXXX via the XXXX Trustee Office ; AND Filed or continued foreclosure proceedings in direct violation of applicable law. This constitutes prohibited dual tracking under 12 C.F.R. 1024.41 ( g ), which expressly forbids a servicer from moving for a foreclosure judgment, order of sale, or conducting a foreclosure sale while a complete loss mitigation application is pending. Under Colorado law, C.R.S. 38-38-103.1, a lender or servicer pursuing foreclosure in Colorado is independently prohibited from dual tracking a borrower who has submitted a complete loss mitigation application. Colorado 's foreclosure process requires the servicer to pause foreclosure activity while a pending application is under review. Proceeding with a Rule 120 hearing or public trustee sale while a complete application is pending violates both federal Regulation X and Colorado 's independent statutory protections. XXXX XXXX also pursued a Rule 120 hearing in XX/XX/XXXX despite verbal communications informing me that the hearing was in violation of dual tracking and would not occur. This prevented me from presenting my case to the court, as I was told by XXXX XXXX the hearing would not proceed due to the pending underwriting approval for modification. Additionally, under C.R.S. 38-38-104, Colorado borrowers have the right to cure and to be treated fairly throughout the loss mitigation and foreclosure process. Your servicer 's conduct including the prior modification mismanagement, backdating of communications, continued foreclosure activity and pursuit of a Rule 120 hearing constitutes a pattern of conduct inconsistent with these rights. ERROR NO. 3 FAILURE TO ASSIGN AND MAINTAIN SINGLE POINT OF CONTACT [ Federal Violation : 12 C.F.R. 1024.40 ] [ Colorado Violation : C.R.S. 38-38-103.1 ] Under 12 C.F.R. 1024.40, a servicer is required to assign a Single Point of Contact ( SPOC ) to any borrower who is potentially eligible for loss mitigation. The assigned SPOC must : ( 1 ) be accessible via direct contact information ; ( 2 ) be capable of coordinating the receipt of all documents required for loss mitigation evaluation ; ( 3 ) inform the borrower of the status of any pending application ; and ( 4 ) refer the borrower to supervisory or managerial staff when appropriate. Under C.R.S. 38-38-103.1 ( 1 ) ( b ), Colorado independently requires that a servicer pursuing foreclosure provide a borrower with a dedicated contact throughout the process. Despite more than a dozen documented requests, I have never been permitted to speak with a consistent, accessible SPOC throughout this entire process. The individual identified as my assigned SPOC has changed no fewer than four times within a 30-day period. I have never spoken with any SPOC, notwithstanding that I have requested access to a SPOC during each and every call to XXXX XXXX and XXXX XXXX. The pattern of rotating personnel through a nominal SPOC designation without providing any meaningful or direct access constitutes a violation of the substance, and not merely the form, of 12 C.F.R. 1024.40. Whether intentional or a result of systemic failure, the practical effect is that I have been denied the protections this regulation was enacted to provide. III. DEMAND FOR IMMEDIATE CORRECTIVE ACTION Pursuant to 12 C.F.R. 1024.35 ( e ) and applicable Colorado law, I demand that you : 1. IMMEDIATELY HALT all foreclosure proceedings, including canceling the Rule 120 order and removing it from the public record, and canceling any public trustee foreclosure sale date ; 2. EVALUATE my complete loss mitigation application and provide written notice of all available options, including mortgage modification, within the timeframes required by 12 C.F.R. 1024.41 ; 3. CONFIRM IN WRITING within 5 business days of receipt of this Notice that all foreclosure activity has been postponed or cancelled pending resolution of this Notice ; 4. PROVIDE A FULL WRITTEN EXPLANATION of the prior modification payment schedule, including the actual date of transmittal of the trial period approval notice and payment schedule, and acknowledge the error in the payment start date demanded ; 5. ACKNOWLEDGE AND CORRECT the backdating of communications identified above ; 6. COMPLETE YOUR INVESTIGATION and provide a full written response within 30 business days of receipt, as required by 12 C.F.R. 1024.35 ( e ) ( 1 ) ; and 7. IMMEDIATELY ASSIGN A NAMED SPOC with direct contact information, including a direct phone number and email address, and confirm that assignment in writing within 5 business days of receipt of this Notice. The assigned SPOC must be an identifiable individual not a team designation who has actual authority to access my file, provide real-time application status, and coordinate document review. You must further ensure that this individual remains accessible for the duration of the pending loss mitigation review, consistent with 12 C.F.R. 1024.40 and C.R.S. 38-38-103.1. XXXX XXXX ( 4th SPOC in 30 days ) has never been available and has never contacted me. IV. NOTICE OF LEGAL CONSEQUENCES Failure to comply with RESPA, Regulation X, and Colorado law may entitle me to pursue all available remedies, including : Actual damages caused by your errors, including costs incurred as a result of improper foreclosure activity and the loss of the prior modification ; Statutory damages of up to {$2000.00} per violation where part of a pattern or practice under 12 U.S.C. 2605 ( f ) ; Attorney 's fees and litigation costs ; Remedies available under Colorado law for violations of C.R.S. 38-38-103.1 and 38-38-104, including damages arising from the failure to provide and maintain a genuine Single Point of Contact during active loss mitigation review as required by 12 C.F.R. 1024.40 ; and Emergency injunctive relief in Colorado district court to stop any scheduled public trustee sale. I expressly reserve all rights and remedies under federal and Colorado state law and intend to pursue each and every remedy available if these errors are not promptly corrected. Confirmed Fax Transmission : Fax Status : Success! Your fax ( ID : # XXXX ) to XXXX XXXX at XXXX has been delivered successfully at XXXX XXXX Eastern Daylight Time on XX/XX/XXXX. The content of your fax included 1 page of coversheet with your text and 7 pages of attached documents. NOTE -- All recordings of calls between XXXX XXXX and borrower between XXXX XXXX prove the backdating of records and letters. Note XXXX XXXX Case Number XXXX.emails between XXXX and the borrower in XX/XX/XXXX prove the back dating of correspondence and related violations. Attachments XXXX ( XXXX MB ) XXXX ( XXXX KB ) XXXX ( XXXX KB ) XXXX ( XXXX MB ) XXXX ( XXXX MB ) View full complaint Sent to company Status Sent to company on XX/XX/XXXX We've sent your complaint to the company, and we will let you know when they respond. Their response should include the steps they took, or will take, to address your complaint. Companies generally respond in 15 days. In some cases, the company will let you know their response is in progress and provide a final response in 60 days. Privacy Act Statement XXXX # XXXX Note on user experience Have a question? ( XXXX ) XXXX TTY/TTD : ( XXXX ) XXXX XXXX XXXX to XXXX XXXX ET, Monday through Friday ( except federal holidays ). US Flag An official website of the United States Government Inactive modalInactive modalInactive modal Complaint Detail

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation