BAYVIEW LOAN SERVICING, LLC
Consumer Complaints
There are over 3259 complaints on file for BAYVIEW LOAN SERVICING, LLC. Dated between 2019-12-03 and 2012-04-05.
Complaints Page 17
2018-11-20
Covington, GA
Struggling to pay mortgage
Mortgage: FHA mortgage
Complaint: To Whom It May Concern : I am writing you this complaint pertaining to Bayview Loan Servicing LLC. I have been trying to work with this lender on obtaining a modification for my primary residence. From the beginning of this process of this year - to the present I have been lied to, deceived & received numerous fraudulent predatory lending practices from Bayview Loan Servicing LLC. I have several fraudulent infractions against Bayview Loan Servicing LLC when applying for my modifications. I submitted four modification packets to Bayview Loan Servicing LLC & on all four of them they informed me that the packet was not complete, when actually all four were complete ( I have attached the correspondences for you to review and add to your records ).
I was also informed that even though they received my modification packet that they keep the foreclosure sale active until they receive the complete packet. I informed Bayview Loan Servicing LLC that practice is unlawful. The reception of the modification packet is supposed to cease the foreclosure sale date while they review the modification packet received ( This predatory lending practice occurred four times with me ). I have attached the letters along with this correspondence for your records & to review. The letters from Bayview Loan Servicing are dated : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX & XX/XX/XXXX.
All four of this letters from Bayview Loan Servicing LLC are in reference to a incomplete modification packet, when actually they were complete. I had to resend the same documentation again to them numerous of times. During all four instances the foreclosure stayed active. I have also attached receipts of the XXXX tracking confirmations of the loan modification packets being delivered to Bayview Loan Servicing LLC.
Also, on XX/XX/XXXX I delivered a Quality Written Request & Complaint to Bayview Loan Servicing LLC. I did not even receive no correspondence back from Bayview Loan Servicing LLC. I requested a Quality Written Request & Compliant due to the first request was not completed. I have also attached my Quality Written Request & Complaint for your records for you to review.
The correspondence sent to me dated XX/XX/XXXX stating that I had until XX/XX/XXXX to send the documents in which that was the second time sending them in this modification request was denied. I informed the Asset Manager XXXX XXXX that I will be appealing this decision because this is my primary residence & that I am a XXXX Veteran & that this residence is equipped to assist me with my military service connected XXXX.
XXXX XXXX informed me to email : XXXX for me to request an appeal of the decision. I also XXXX the correspondence as well on XX/XX/XXXX. I have also attached copies of the XXXX tracking receipt & screen shot of the email sent to : XXXX I called XXXX XXXX a week after XX/XX/XXXX to check on the status of my appeal to escalations. I was Informed by XXXX XXXX that they received the escalation appeal from me & that they will have an answer for me within thirty days ( the 30th day would have been XX/XX/XXXX ).
I came back from my doctors appointment on Thursday XX/XX/XXXX I received correspondence from XXXX XXXX XXXX that my primary residence is going into foreclosure on XX/XX/XXXX. I never did receive no correspondence from Bayview Loan Servicing about the decision of my escalation denial appeal. I called Bayview Loan Servicing LLC trying to communicate with XXXX XXXX to see what is going on with my escalations denial appeal. I was informed that XXXX XXXX call back schedule was full & that someone will call me back on Friday XX/XX/XXXX or Monday XX/XX/XXXX.
I did not receive a callback on neither day. I received an automated message on Monday XX/XX/XXXX that the several call backs are full & to try back within a week. This is unacceptable. Bayview Loan Servicing is deliberately ignoring my calls & still yet has not gave me a reason on why my escalation denial has not been granted. I requested in my escalation denial that my income has changed & that I am entitled by law for me to have another modification packet request due to my financial changes. I am entitled to a modification request by law. My experience dealing with Bayview Loan Servicing has been unprofessional.
They do not follow the federal guidelines for FHA loans & modifications. I am seeking to stop your predatory lending practices & grant me my modification & stop that unlawful foreclosure immediately. All of the documents are attached per all of the instances mentioned above.
Thank you, XXXX XXXX XXXX
Company Response: Closed with explanation
2018-11-16
West Brandywine, PA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: My mortgage was sold from XXXX XXXX to Bayview Servicing last year after my mortgage process was screwed up. I contacted the new mortgage company Bayview Loan Servicing in XX/XX/XXXX because my XXXX school taxes had not been paid to the XXXX XXXX XXXX XXXX. The rep on the phone confirmed that the bill had not been paid. She said, I am marking the bill paid and will send an inquiry to the escrow department so they can trace your payment. She assured me that they would research the account and pay any outstanding bills. I received another notice this month stating that if I did not pay the delinquent amount by XX/XX/XXXX that my home would be sold. I contacted them again and was assured it was indeed paid, but they could not provide me with a check number to provide the county. They gave me a tracking number for a XXXX XXXX shipment and the dates did not match up to what the agent XXXX said my payment was sent/processed. The county confirms that they don't have my payment. I do not want my home sold out from under me.
Company Response: Closed with explanation
2018-11-16
Coolbaugh Township, PA
Written notification about debt
Debt collection: Mortgage debt
Didn't receive enough information to verify debt
Company Response: Closed with explanation
2018-11-16
Sacramento, CA
Struggling to pay mortgage
Mortgage: Reverse mortgage
Company Response: Closed with explanation
2018-11-16
CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: I divorced my husband on XX/XX/XXXX, on the divorce decree he was supposed to redo the loan and put it on his name only ( see atach 1 ).
At a later time, we went back together, however, during this time he forced me to give him a quit claim ( see attach 2 ) He got the title but the loan remained on both of us name. Upon his death XX/XX/XXXX the mortgage company removed him from the debt and make me liable for the full amount, so I am not able to refinance or sale the property because I am not on title.
Due to the hardship, on XX/XX/XXXX, I started a loan modification with XXXX XXXX XXXX and the outcome was denied on a letter dated XX/XX/XXXX ( see attach 3 ) they stated I did not qualify. On XX/XX/XXXX the loan was sold to Bayview ( see attach 4 ) and I requested another loan modification on XX/XX/XXXX. I submitted all the required documents, then I found out that they change my asst manager XXXX XXXX ( see attach 5 ) I started with another asset manager XXXX XXXX ( see attach 6 ) I submitted the papers once again, three appraisals were done during this time ( see attach 7,8,9 ) XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX All the papers were complete by XX/XX/XXXX ( see attach 10 ) then I received another letter dated XX/XX/XXXX stating that it was incomplete ( see attach 11 ) Due to the fact that the property had equity, they determined not to approved the loan modification. ( It took about a year to get an answer ) At the present time I got a third asset manager, XXXX XXXX handling my case.
On XXXX XXXX got a NOD. Two days ago I found a notice of trustee sale taped to my front door ( see attach 12 )
Company Response: Closed with explanation
2018-11-14
Nazareth, PA
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2018-11-13
Anaheim, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: I applied for a loan modification with bayview loan servicing i submitted a complete package my income and financial situation has improved and i would like save my home, my loan application was denied by bayview because it wasn't in there best interest to modify my loan because my property is upside down, this is the reason I`am seeking a loan modification after hearing this i did some research and discover several things that were wrong with my loan, first off the company that originated the loan was located out of the State of California the transaction and process of my loan was completely done over the phone, i didn't receive disclosures regarding loan, documents to read and understand the loan, nor did have any options for any other types of loan products, nor was there a right to rescind the loan included in the documents, but the biggest issue of all was the Truth in lending stated one rate of interest and the mortgage note stated another rate also the first mortgage statement had yet another rate of interest which governs the payments and loan balances. now bayview is stating that i owe a certain amount and i believe its a different amount which is the heart of the matter and why bayview loan servicing has denied my loan for modification, this was a bad loan from the start and i know that there are many federal laws that have been violated by the lender of this subprime loan, so a federal lawsuit is also a option on the table,
Company Response: Closed with explanation
2018-11-13
International, WA
Struggling to pay mortgage
Mortgage: Other type of mortgage
Company Response: Closed with explanation
2018-11-12
Greensburg, KS
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2018-11-09
Kingstree, SC
Struggling to pay mortgage
Mortgage: FHA mortgage
Company Response: Closed with explanation
2018-11-09
Mukilteo, WA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2018-11-09
Mukilteo, WA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2018-11-08
Fair Lawn, NJ
Struggling to pay mortgage
Mortgage: Other type of mortgage
Company Response: Closed with explanation
2018-11-08
Auburn, AL
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: Bayview keeps sending people to my home asking me to contact them. I have already been in contact with them several times. I had to pay two payments this month because my XX/XX/2018 payment was returned un paid from my bank. I made two payments two come out two different dates one for XX/XX/2018 for the XX/XX/2018 payment. And for the recent payment of XX/XX/2018 was made for XX/XX/2018. I currently have the XX/XX/2018 payment to come out on XX/XX/2018. It hasn't yet cleared my checking account for the XX/XX/2018. This is harassment bayview sending someone to my home all the time. Which i am current with my payments. If it makes them mad making complaints well it makes me mad them trying to harass me and lying with them saying they haven't talked to me. And how they go out of the way to send someone to my home and leave a note.
Company Response: Closed with explanation
2018-11-07
Arco, CA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: I applied for Chapter XXXX in XX/XX/XXXX, completed my payments, and was reaffirmed and then discharged in XX/XX/XXXX with all arrears paid through the bankruptcy. ( attachment 1 ). I continued to make my mortgage payments through ACH debit to Bayview without issues until XX/XX/XXXX ; when they began rejecting my payments without explantion ( attachment 2 ). My bankruptcy attorney attempted to assist me with resolving this however, Bayview refused to respond to his inquiries, recorded a Notice of Default, and demanded the total amount due ( attachment 3 ). They have now recorded a Notice of Trustee Sale ( attachment D ) on my property and I am forced to consult a litigation attorney.
Company Response: Closed with explanation
2018-11-06
MO
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: Greetings my name is XXXX XXXX and I am writing in reference to my Bayview Loan Services loan # XXXX at XXXX XXXX XXXX XXXX # XXXX XXXX, DC XXXX. I have reached out to Bayview repeatedly to alert them to a problem with in their system that was not reflecting the correct zero balance for my account. I have not received a response from Bayview. I sent emails to Bayview on XX/XX/XXXX and XX/XX/XXXX to the XXXX email address that was provided to me.
I also spoke to customer service on XX/XX/XXXX and XXXX XXXX XXXX XXXX on XX/XX/XXXX to inquire about a response. And both told me that my documents still had not yet been updated in the system.
This is particularly disappointing because since my loan was transferred to Bayview in XX/XX/XXXX, I have had a terrible customer service experience. I started working on a Deed in Lieu around that time and it was stalled for over two years due to lack of responsiveness from XXXX XXXX at Bayview and overall failure from Bayview to move my file forward, despite having had a complete file on three separate occasions. This repeated and seemingly deliberate failure to move forward my deed in lieu requested created a disparate impact on me and also resulted in a financial hardship on me. With the unfair, deceptive, or abusive acts and practices ( UDAAPs ) policy in mind, I filed a complaint with the CFPB last year. After CFPB involvement, my deed in lieu was finally moved forward and eventually approved in XX/XX/XXXX. At that time, I was advised that any and all debt, fees, and obligations had been dissolved and that I as no longer liable to Bayview.
However, unfortunately, I continued to receive bills/statements from Bayview. I contacted XXXX XXXX at Bayview on XX/XX/XXXX to inform her of this and she advised that this bill/statement was an error and that Bayviews system simply needed time to update. I contacted her again on XX/XX/XXXX to advise about that I was still receiving bills/statements and she said that the deed had been recorded and that I should not be receiving bills.
Nevertheless, I continued to receive bills/statements. I spoke with XXXX XXXX on XX/XX/XXXX who assured me that the deed in lieu had been approved by Bayview, that everything had been processed on your end and that she showed a XXXX balance for my loan in her system. I am frustrated and upset because I continue to receive bills/ statements and I thought that this matter had been resolved.
I am reaching out to CFPB as it seems this issue has still not been resolved. So I am asking for you to help me to rectify this situation with Bayview.
Thank you so much for the help.
Company Response: Closed with explanation
2018-11-05
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 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
2018-11-05
Holden, MA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2018-11-02
Holden, MA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2018-10-31
Waldorf, MD
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2018-10-31
Naples, FL
Trouble during payment process
Mortgage: Other type of mortgage
Company Response: Closed with explanation
2018-10-30
Somers Point, NJ
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: I have previously submitted a complaint against Bayview Loan Serving, claim # XXXX, for trying to collect on a debt not owed to them. Now Bayview Loan Serving is listing my home for sale on three different online sites ( XXXX, XXXX, XXXX ). The problem with this is that they do not own the home. The deed is still in our name and they do not have the right to title to sell. On XXXX the house ( XXXX XXXX XXXX, XXXX XXXX XXXX, NJ XXXX ) is up for auction and currently there are two active bids. An interesting point is that on XXXX they list our address and details, but the picture of the house they show is not ours. Also as part of the purchasing agreement with XXXX, they attached Addendum " A '', which on page 6 # ( 5 ) states : NO RECORDING. Buyer agrees that neither this Contract nor any notice or memorandum hereof shall be recorded in the Public Records of County or State where the Property is located or any other public records. Any such recording by Buyer or anyone acting by, through or under Buyer shall constitute a material breach by Buyer of this Contract and shall entitle Seller to invoke the default provisions hereof.
They are trying to sell this home with a Special Warranty Deed or equivalent, which by it's nature suggests that they do not have proper title.
Bayview has no contractual agreement with XXXX XXXX XXXX XXXX XXXX ika XXXX XXXX XXXX XXXX XXXX, As Trustee For The Certificateholders of XXXX , XXXX, XXXX XXXX XXXX XXXX, Mortgage Pass-Through Certificates, Series 2005-74T1, even to service the loan, let alone sell the property. The Trust is no longer registered with the Security Exchange Commission ( SEC ) and is not registered in the State of Delaware ( it's original point of origin ).
Company Response: Closed with explanation
2018-10-30
Great Notch, NJ
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2018-10-30
VA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: In XXXX of this year I called Bayview Loan Services and ask why, when I call to make my mortg payment, they keep stating that I am a month behind on my payments. Then they started sending me threatening letters to take my house if I don't pay the late month due. I did my research just to prove that I was not the crazy one here - then called Bayview and ask them to send me proof that I was behind and when it started. They sent me the info and if the person that printed it out had bothered to read it they would have seen that they were proving my case and not theirs. Nothing was late! So I called them back and spoke with XXXX and she looked into it and got it all straightened out. And even told me I had a credit on the books that I ended up using toward the next months mortg pymt. Then in XXXX of this year I noticed my credit score had taken a deep plunge because Bayview had reported me 30 days late on my mortg. I contacted XXXX XXXX and they investigated the issue and BAM! - my score increased by 60 points because Bayview had once again acknowledged their mistake. Now, I have started getting late notices again and letters threatening to take my house. HERE WE GO AGAIN!!!!!!!! Again I called and spoke to XXXX and she acted like she was clueless. I ask if they take notes on previous issues! Why do I have to go over this again! She said I missed XXXX of 2017s pymt. Well - that was the month they took out an extra {$500.00} from my account. Yes - for a reason they have yet to explain, they took from my bank account an extra {$500.00}. Made some considerable hardship for me but they didn't care. Took me over a month to get the money back. How can a financial institution be so inept at keeping their records straight. They have not gotten back in touch with me after this last threat. Why are they allowed to conduct business like this and make so many mistakes and threaten constantly to take my house.
Company Response: Closed with explanation
2018-10-30
Naples, FL
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation