BAYVIEW LOAN SERVICING, LLC

2019-01-09

Fresno, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-01-09

Beverly Hills, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-01-08

Greenwood, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Please make this a rush as I have a sale scheduled for my property on XX/XX/XXXX and Im under a loan modification review. Hi, my name is XXXX XXXX. I have some very bad issues going on right now with my servicer BAYVIEW LOAN SERVICING and about my previous banks. I'm having a very hard time dealing and working with my servicer BAYVIEW LOAN SERVICING. I have mailed and faxed over all documents for a loan modification but they are still proceeding with the foreclosure sale scheduled for XX/XX/XXXX If they proceed with the sale they will be in violation of the CALIFORNIA HOMEOWNERS BILL OF RIGHTS and other laws as well. As part of this bailout, on XX/XX/XXXX, the United States Government took over XXXX XXXX and pumped billions, which in XX/XX/XXXX, then Treasury Secretary XXXX XXXX said as much as {$200.00} XXXX would be pumped into XXXX XXXX and XXXX XXXX, each, which was separate from the {$700.00} in TARP funds given out to other lenders. 1. The guidelines issued by the United States Treasury set forth a detailed process whereby a participating servicer, either action or not acting through its subsidiary, must : a. identify loans that are subject to modification under the HAMP program, both through its own review and in response to requests for modification from individual homeowners ; b. collect financial and other personal information from the homeowners to evaluate whether the homeowner is eligible for a loan modification under HAMP ; c. institute a modified loan with a reduced payment amount as per a mandated formula, that is effective for a three-month trial period for borrowers that are eligible for a modification ; and d. provide a permanently modified loan to those homeowners who comply with the requirements during the trial period. Whether the homeowner qualifies for a modification or not, participating servicers are also required to provide written notices to every mortgage borrower that has been evaluated for a loan modification, whether or not the borrower has been found eligible. HAMP and its associated directives also set prohibitions against certain conduct including demanding upfront payments in order to be evaluated for a loan modification, instituting or continuing foreclosures while a borrower is being evaluated for a loan modification, assigning a single point of contact, maintaining an adequate level communication with borrowers, maintaining proper caseload to ensure HAMP objections are met, and restrictions on the way a servicer may report the borrower to credit reporting agencies. All servicers have systematically failed to comply with the terms of the HAMP directives and has regularly and repeatedly violated several of its prohibitions. Now that HAMP is over and expired due to servicers prolonging these modifications they are now proceeding with other alternatives. Under HAMP, the federal government incentivizes participating servicers to make adjustments to existing mortgage obligations in order to make the monthly payments more affordable. Servicers receive at least {$1000.00} for each HAMP modification. However, this incentive is countered by a number of financial factors that make it more profitable for a mortgage servicer avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by the servicer. However, this incentive is countered by a number of financial factors that make it more profitable for a mortgage servicer such Bayview Loan Servicing , LLC to avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by Service companies because Service companies do not carry a significant risk of loss in the event of foreclosure. California Business and Professions Code 17200 et seq., also known as the California Unfair Competition Law ( UCL ), prohibits acts of unfair competition, including any unlawful, unfair, or deceptive business act or practice as well as unfair, deceptive, untrue or misleading advertising. Bayview Loan Servicing , LLC and all other previous servicers and their Investors conduct was unlawful in that : They illegally began and prosecuted the non-judicial foreclosure based on the lien to the 1st Deed of Trust, despite i was not in breach of payments on said lien ; They engaged in the uniform practice of requesting unnecessary documentation, seeking repetitive submissions of the same documents, and never rendering a decision, and in doing so, such activity provides the basis for an unfair inquiry and could deceive the public because it places burdensome requirements on me that served no purpose but to provide a basis for either engaging in Dual Tracking by selling my home and by denying loss mitigation options, such as loan modifications ; They failed to properly consider loan modification applications before trying to sell my home. 1. On information and belief, Bayview Loan Servicing , LLC does not own a significant majority of the loans on which it functions as servicer. 2. Economic Factors that discourage Bayview Loan Servicing , LLC from meeting its obligations under HAMP by facilitating loan modifications include the following : a. Bayview Loan Servicing , LLC may be required to repurchase loans from the investor in order to permanently modify the loan. This presents a substantial cost and loss of revenue that can be avoided by keeping the loan in a state of temporary modification or lingering default. b. The monthly service fee that Bayview Loan Servicing , LLC, as the servicer, collects as to each loan it services in a pool of loans, is calculated as a fixed percentage of the unpaid principal balance of the loans in the pool. Consequently, the modifying of a loan to reduce the principal balance results in a lower monthly fee to the servicer. c. Fees that Bayview Loan Servicing , LLC charges borrowers that are in default constitute a significant source of revenue to it. Aside from income Bayview Loan Servicing , LLC directly receives, late fees and process management fees are often added to the principal loan amount thereby increasing the unpaid balance in a pool of loans and increasing the amount of the servicers monthly service fee. d. Entering into a permanent modification will often delay a servicers ability to recover advances it is required to make to investors of the unpaid principal and interest payment of a non-performing loan. The servicers right to recover expenses from an investor in a loan modification, rather than a foreclosure, is often less clear and less generous. e. Fixed overhead costs involved in successfully performing loan modifications involve up-front costs to the servicer for additional staffing, physical infrastructure, and expenses such as property valuation, credit reports and financing costs. 3. Rather than allocating adequate resources and working diligently to reduce the number of loans in danger of default by establishing permanent modifications, Bayview Loan Servicing , LLC has serially strung out, delayed, and otherwise hindered the modification processes that it contractually undertook to facilitate when it accepted billions of dollars from the United States. Bayview Loan Servicing , LLC delay and obstruction tactics have taken various forms with the common result that my loan serviced by Bayview Loan Servicing , LLC, in which im eligible for permanent loan modifications, and have met the requirements for participation in HAMP, have not received permanent loan modifications to which iam entitled. 4. By failing to comply with the California Homeowner Bill of Rights ; specifically, by engaging in the unlawful practice of Dual Tracking, Bayview Loan Servicing , LLC has left me in a state of despair and panic as I seek a loan modification from Bayview Loan Servicing , LLC only to have my home wrongfully, oppressively and illegally sold out from under my feet. I have sent them all documents but they still have not offered me anything. I have sent them documents again. They said they have all required documentation on file and am in review but still posted the home for sale. I do not know how much more times they will continue to do this. The stress this causes me and my family is very hard on my body. I want to keep my home and pay a reasonable amount. I have a sale coming up on XX/XX/XXXX.
Company Response: Closed with explanation

Timely Response

2019-01-08

Addisleigh Park, NY

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-01-04

Warwick, NY

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-01-04

Succasunna, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-01-04

Newport, TN

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-01-04

South Florida, FL

Charged fees or interest you didn't expect

Payday loan, title loan, or personal loan: Installment loan

Company Response: Closed with explanation

Timely Response

2019-01-04

WI

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: XX/XX/XXXX XXXX XXXX sold out loan to XXXX XXXX, their loan servicer, bayveiw, was to start servicing after XX/XX/XXXX. Our loan payment was {$280.00}. On XX/XX/XXXX we received a letter from Bayview stating we owed {$860.00}. We didn't. XX/XX/XXXX a letter asking for completed financial statment. Confusing! XX/XX/XXXX letter says we owe {$570.00}, formal demand, notice of default, intent to accelerate! This went on through out XXXX. XX/XX/XXXX XXXX XXXX XXXX a bill collector for bayview, said we owe full amount of loan, {$16000.00}, or foreclosure. XXXX we received a money order back, {$600.00}, that payment put us over what we owed!! I did not understand, we received letters from Bayview several times a month, every month! They put us in foreclosure court, we answered. We filed modification, they foreclosed! The same thing through modification. Then second chance. I mean, we couldn't get a break from them. They couldn't even do automatic withdrawal. I sent a complaint, answer, XX/XX/XXXX, and still no reply what they are doing. My wife is on meds for XXXX and XXXX, and I am pulling my hair out. Not many problems until Bayview took over. We took out the loan in XXXX, 15 year loan for {$25000.00}, with interest and loan costs, almost {$52000.00}. 11.3 % interest, don't want to lose our home to these incompetent home stealers, I'm XXXX, my wife is having XXXX XXXX.
Company Response: Closed with explanation

Timely Response

2019-01-03

San Jose, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2019-01-02

OH

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: My 16 year mortgage with XXXX XXXX XXXX XXXX and was sold in 2016 to a company called Bayview Loan Services LLC out of XXXX Florida. I always made my payment all these years. BAyview loan services increased my taxes and did not believe I had insurance and applied force placed insurance. Now this was an error that Bayview Loan refused to correct, I have 17 month proof,. You call, and they just do nothing. They refuse the regular payment and start foreclosure. This is total fraud. And a scam. I was a XXXX XXXX. They are in violation of ORC and government codes. I fought this foreclosure myself, because every attorney refused to help unless I had XXXX. So I did it myself, I am XXXX years old, have lived in my condo for 18 years and now I get to go to a shelter. This is such a terrible thing they are doing to many. I called the scam squad in my area, they would not help either. I have lost income due to the foreclosure, and I lost custody of my grandsons, I was raising due to my daughter death. So now I am kicked to the curb, like a dog. And I had a perfect record, till they changed my payment and refused the regular payment. Bottom line this is a collection agency buying old loans and then the scam begins. This company is in 5 states. Because there is no quality control, no one check balances, or to see if the mortgage should go into foreclosure. I worked for XXXX XXXX XXXX XXXX. for 15 years. I did XXXX and I can not save mine home, no one is checking to see their errors, and it looks like I am delinquent because of the increase of {$200.00} on my payment. My taxes did not go up, and my insurance is paid my the condo association. I was doing just fine till they bought my loan and increased my payment I am happy to meet anyone who can help or anyone who cares, to prove this. I get to even lose all my possessions because I have no where to put them, my whole life going in the trash. I am now going public and going to the media. They have to be stopped. Check out the complaints on line from customers, over 800. I also called the FBI. Nothing is happening. The decision on my house is this week, and if they win I plan to continue to fight. Such a shame this is happening in todays times. I do feel my age is a factor.
Company Response: Closed with explanation

Timely Response

2019-01-02

West Brandywine, PA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: On XX/XX/2018, the servicing of my loan was transferred from XXXX XXXX XXXX to Bayview Loan Servicing. The loan was originated in XX/XX/2018 and an initial payment was made XX/XX/2018, as XXXX XXXX required the loan to be one payment ahead to set up biweekly payments. Biweekly payments were set up and shortly thereafter I was notified that the loan servicing was being transferred. When the servicing was transferred, the balance on Bayview Loan Servicing 's website did not reflect the payment I made in XX/XX/2018. Additionally, they told me I wasn't allowed to make biweekly payments on the loan, even though I had already set up biweekly payments with XXXX. I spent approximately 8 hours on the phone with Bayview trying to resolve these issues and found them rude and very unhelpful. The last I heard they were reaching out to XXXX about the missed payment. When I called to follow up, they told me it would be at least 30 days. My experience with Bayview thus far has been horrible and I am almost ready to refinance the loan so that I don't have to continue dealing with them.
Company Response: Closed with explanation

Timely Response

2019-01-02

Bohemia, NY

Struggling to pay mortgage

Mortgage: FHA mortgage

Company Response: Closed with explanation

Timely Response

2019-01-02

Greensboro, NC

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-12-31

N San Juan, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-12-28

Brandon, FL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-12-28

Minneapolis, MN

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-12-27

Coral Springs, FL

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-12-27

Hillsdale, NJ

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: In XX/XX/XXXX, I sent the check to pay the Mortgage for XXXX. The check was cashed on XX/XX/XXXX and Bayview Loan servicing sent me a letter and say that the check was Bad check reversal. I called the company XX/XX/XXXX and they told me I need to send the bank statement and a letter to explain what happened. On the XXXX I sent a fax two times. Two days after, I spoke with a representative named XXXX and she told me they didn't receive the fax. I sent the fax again in XX/XX/XXXX and I called on XX/XX/XXXX and the representative XXXX told me it takes 2-3 days to appear on the system. I also asked the best way to fix it as soon as possible and he told me email. I sent the email on that day XX/XX/XXXX and I called the XXXX and they said nothing appears in the system. This account is under my name and my brothers name and we sent check from his account, Thank You
Company Response: Closed with explanation

Timely Response

2018-12-27

Greenwood, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Hi, I have a very urgent matter once again due to a foreclosure sale on XX/XX/2018. I applied for a loan modification to Bayview Loan Servicing numerous times before and they always prolong the process. Never gave an offer and never accepted my loan modification. Ever since then I have been trying to get a loan modification and I can not get one from this company. I mailed in my rma packet and all required documentation as per guidelines. Im in a loan modification review as they should have requested documents for a review. From the past Ive had trouble calling Bayview Loan Servicing to ask about any status or updates for the loan modification and a status on the loan modification I get nowhere. I call in, the phone system asks for my social security number or my loan number, I put in the loan number and or social it rings couple of times and then I get nowhere. Seems like when I put in my information the phone system recognizes my information and does not connect me to anyone. This has happened multiple times on multiple days and each one does this until I clicked the number 0 for a very long and tedious process I finally got someone. After speaking to the employee she did not give me any information regarding my loan and said that only one person could talk to me but I can never get a hold of that person. Also asked for a supervisor and was on hold for over 40 min and never got one. Bayview is playing dirty games for me to not resolve my issue and get an update on my loan modification. Im being thrown around the phone system and no one can speak with me. Is this a game they play to hold off so long until its too late to speak to someone and then they sell my home? I have done everything needed to do and i have sent them all documents. If Im not mistaken Bayview Loan Servicing is in violation of my Homeowner Bill of Rights. Seems like they do not want to help me but to just sell my home.
Company Response: Closed with explanation

Timely Response

2018-12-26

Ball Ground, GA

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2018-12-26

MN

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: My husband passed away, the title of the house has been transferred to me as the surviving joint tenant. I was told by Lender to apply for the Loan Modification - Loan Assumption process to get the loan on my name. I have sufficient income and submitted all required documents in the timely fashion following Lender 's Instructions. First Lender was keep asking for the same documents when even the Relationship Manager has to apologize to us for inconvenience. Now on XX/XX/2018 Lender executed the BPO that supported by the similar value of the Lender 's the Interior Appraisal of $ XXXX instead of completing the Loan Modification - Loan Assumption process for the widow, Lender orders another BPO on XX/XX/2018 and denies widow for Loan Modification - Loan Assumption process using the $ XXXX value for NPV Test. My understanding and according to the same Lender only one BPO or Appraisal can be ordered every 90 days. The same NPV test also showed that my gross income three times less than showed on all submitted supporting income documentation. The Lender keeps playing with the value of the property. I hope this all a simply accidental issue and not the staged circumstances to victimize the widow by inflammation of the property price opinion and ignoring valid Interior Appraised value of the property done by certified appraiser hired by the Lender itself. I am requesting to postpone the foreclosure sale for the subject property and review the circumstances listed above to complete Loan Modification - Assumption processed for the widow.
Company Response: Closed with explanation

Timely Response

2018-12-24

Brooklyn, NY

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-12-22

San Diego, CA

Took or threatened to take negative or legal action

Debt collection: Mortgage debt

Seized or attempted to seize your property
Complaint: I have made several attempts to get your help with this fraudulent loan made by XXXX XXXX, loan number XXXX. In my last complaints your office keep closing my cases and your summary of my complaint issue on prior complaints are incorrect. I would like to submit another complaint and have my prior complaint amended with this submission. XXXX. I've submitted the Uniform Affidavit and I've had no further response. I also would like a Confirmed Sll disclaimer and need explanation of how it could be resource that could help me resolve this injustice of 10 years we have endured. I am in receipt of a letter from XXXX XXXX XXXX, Senator office, stating that XXXX XXXX in her XXXX XXXX office has been asked to assist me. I would like our home released from this fraudulent loan and the loan given to it's rightful owner. XXXX XXXX. We did not take part in this loan nor did we receive anything from it. It was done illegally and without us having any knowledge of it. XXXX XXXX did spend 4 years in prison, of a 8 year sentence. When I receive correspondence from your office it has his name as the complainter which in fact it is I XXXX XXXX. It may be because the loan is in his name, please respond to me,
Company Response: Closed with explanation

Timely Response

2018-12-21

Long Beach, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response