BAYVIEW LOAN SERVICING, LLC

2018-04-17

Minneapolis, MN

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-17

Anthony, IN

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

Complaint: XXXX foreclosed on a mortgage that was paid ahead. XXXX agreed to restore and breached the agreement. An Underwriter by the name of XXXX XXXX obtained a modification approval on XX/XX/XXXX, using " reverse engineered '' income and property value information. XXXX XXXX claimed he verified an appraisal that indicated a FMV of {$160000.00} when he had no appraisal. Bayview loan servicing admitted they had no appraisal from XXXX to the Indiana Attorney General in XXXX. The records of payments made showed no payment to any vendor for an appraisal. At trial Bayview 's expert testified that the value of the property was immaterial. He claimed that XXXX XXXX loans more money on rental property than it is worth all the time. An FHA approved appraisal done in the relevant time frame shows a FMV of {$100000.00}. In addition Bayview admitted to the Indiana Attorney General in XXXX they received no HUD-1 from XXXX. At trial Bayview 's witness by the last name of XXXX testified the Defendants we not entitled to disclosure. ( HUD-1 ) He claimed that when 1 of the Defendants signed the original XXXX XXXX Mortgage in XXXX, he waived his rights to disclosure. Bayview was fully aware that the prior servicer paid the Defendants Law Firm without disclosure and provided no disclosure.
Company Response: Closed with explanation

Timely Response

2018-04-17

Clarkesville, GA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Greetings! Due to a job loss last year, and struggling to find employment, I fell behind on my mortgage with XXXX, never getting more than two months in arreages. On the XXXX of XXXX, XXXX, I attempted to make a payment to XXXX via my XXXX XXXX account, only to receive a message that the payment was declined. I called XXXX and was informed that my loan was now being processed by BayView out of Florida. XXXX emailed me a copy of the Goodbye Letter, and gave me the phone number for Bayview. I called them and spoke to XXXX ( spelling..? ) who told me that my payments were still due at the same time, the interest rates had not changed, and that I had 60-days to make the first payment to them. I expressed my relief as I had also been without transportation since the previous XX/XX/XXXXand currently walk to work ( an hour to, and an hour from ) each day that I am scheduled and could put the funds on hand towards repairs on my vehicle. After the beginning of XX/XX/XXXX, I began receiving notices on my door from BayView, and then a letter stating that unless I paid $ 1700+ by the XX/XX/XXXX, they would foreclose on my home. I was baffled and in disbelief! BayView were assigned the mortgage the XX/XX/XXXX, and the letter from XXXX stated the 60-day window for initial payment. BayView has NOT honored that 60-day window, instead, cutting it down to thirty-days. ( ***Note : I have XXXX XXXX XXXX XXXX XXXX with XXXX ; Chase was well aware of this as it was in the refinance documents I had submitted to them in XX/XX/XXXX. At this time, I am a single mother, working part-time at XXXX XXXX - hours are seasonal at best - taking care of my youngest daughter who is enrolled in online public schooling. My financial resources are limited as I can not find other employment until my vehicle is repaired. *** )
Company Response: Closed with explanation

Timely Response

2018-04-16

Plymouth, FL

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: My Mortgage loan was transferred to a Servicing Company on XX/XX/XXXX The Mortgage Company was XXXX XXXX XXXX. In XX/XX/XXXX I was laid off my job and got behind in my payments. I contacted XXXX XXXX for assistance and they a modification which was raising my interest rate to 8 % and placing {$37000.00} in a deferred status to lower my payment for a short period of time. They told me once I regained employment my loan could be adjusted back to the interest rate and also that the deferred interest may even be written off because of the dropping value of homes in my neighborhood. I agreed, and once I gained employment went back to have another modification. Bayview Loan Servicing told me they could not help me because they were the Servicing Company and they did not do modifications or refinance since I was not delinquent. I contacted XXXX XXXX and they would not help. The Loan has now been sold to XXXX XXXX XXXX XXXX XXXX XXXX. I have called to speak to someone there for the last three months, and have not been able to speak to anyone. Four years plus of paying all this interest plus having {$37000.00} just sitting is very frustrating. I am at retirement age with a upside down loan.
Company Response: Closed with explanation

Timely Response

2018-04-16

Douglasville, GA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-16

Glenns, VA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-16

Arvada, CO

Struggling to pay mortgage

Mortgage: Reverse mortgage

Company Response: Closed with explanation

Timely Response

2018-04-12

Ft Lauderdale, FL

Struggling to pay mortgage

Mortgage: Other type of mortgage

Complaint: Detailed Hardship We began a new business, XXXX XXXX XXXX XXXX XXXX and XXXX. The business was broken into twice and was not successful. The XXXX, ____________ mother, had a XXXX XXXX and has been unable to work. Our son, now XXXX years of age, was born with a XXXX XXXX ( XXXX ) which requires him to be on a very specific and expensive diet. For a period of time, our son required specialist visits three times a week. Our health insurance premiums are very high to cover costs of the XXXX ____________ was diagnosed with XXXX XXXX XXXX and XXXX XXXX. For years we struggled to make payment but made what we could when we could. In XXXX XXXX refused a partial payment and we were told to make 3 monthly installment payments which could not be done. From that point forward we have exhaustively tried to obtain a response to our complete loss mitigation application. Foreclosure Suit A foreclosure complaint was filed on XX/XX/XXXX. A default final judgment was entered on XX/XX/XXXX. The foreclosure sale was scheduled and cancelled five times from XX/XX/XXXX until the sale was held on XX/XX/XXXX. The cancellations were due to our loss mitigation application and the loan servicing. A complete copy of the court docket is attached hereto. Servicing On XX/XX/XXXX I was advised my loan servicer was changed from XXXX to Bayview Loan Servicing , LLC, a copy of which is attached hereto. Loss Mitigation Application On XX/XX/XXXX, we wrote a hardship letter requesting assistance to stay in our home. InXX/XX/XXXX we completed a Request for Mortgage Assistance which was sent to XXXX. On XX/XX/XXXX we received another letter regarding the change in loan servicing. On XX/XX/XXXX we sent in an application for loss mitigation by fax to XXXX which contained a total of 49 pages. On XX/XX/XXXX we received a letter requesting missing documents from XXXX XXXX. On XX/XX/XXXX we received a notice from Bayview Loan Servicing advising our hazard insurance expired. On XX/XX/XXXX an email was sent to XXXX XXXX requesting contact. On XX/XX/XXXX an email was sent to XXXX XXXX requesting contact. XX/XX/XXXX we received a letter from XXXX XXXX advising our application was incomplete. On XX/XX/XXXX an email was sent to XXXX XXXX requesting contact. On XX/XX/XXXX we wrote a hardship letter requesting assistance to stay in our home. On XX/XX/XXXX we received a letter from XXXX XXXX acknowledging receipt of our loss mitigation application. On XX/XX/XXXX we received a letter from XXXX XXXX advising items we needed to complete the application. On XX/XX/XXXX we were advised credit reports were pulled. On XX/XX/XXXX we were advised credit reports were pulled. On XX/XX/XXXX we received a letter from XXXX XXXX advising our loss mitigation application was incomplete. On XX/XX/XXXX we received a letter advising the application was received in whole or in part. On XX/XX/XXXX we were advised credit reports were pulled. On XX/XX/XXXX we were advised credit reports were pulled. On XX/XX/XXXX we received a letter stating our point of contact is XXXX XXXX. On XX/XX/XXXX through XX/XX/XXXX emails were exchanged with XXXX XXXX. On XX/XX/XXXX, we received a letter from XXXX XXXX stating our application was incomplete. On XX/XX/XXXX XXXX XXXX acknowledged receipt of the application by email. On XX/XX/XXXX we wrote a letter to the Court. On XX/XX/XXXX we received a letter from XXXX XXXX advising how we can send in a loss mitigation application. On XX/XX/XXXX we received a letter from XXXX XXXX acknowledging receipt of our loss mitigation application. On XX/XX/XXXX we received a letter from XXXX acknowledging receipt of our loss mitigation application. On XX/XX/XXXX we received a letter from XXXX identifying missing third party information. On XX/XX/XXXX we received a notice for Cash for Keys. Violations Including, but not limited to : ( i ) failure to keep continuity of contact ; ( ii ) failure to identify NMLS # s ; ( iii ) failure to acknowledge receipt of loss mitigation applications ; ( iv ) failure to identify missing documentation ; ( v ) failure to adhere to suggested deadlines ; ( vi ) violating prohibition on dual tracking ; and ( vii ) holding a foreclosure sale while loss mitigation application was still pending. XX/XX/XXXX To Whom it May Concern, Im writing this letter in reference to loan number ___________. We fell upon a few years of hard times and tragedies that led to us falling behind on our mortgage and we take responsibility for that. We began a new business that was broken into twice and was not successful, we had a child born with a XXXX XXXX which requires him to be on a very specific and expensive diet and for a period of time, we had to see and pay specialists three times a week. My mother-in-law had a XXXX XXXX and my husband had XXXX XXXX XXXX causing him to be out of work for an extended period of time. Due to these circumstances, my husband fell into a XXXX XXXX XXXX XXXX and was diagnosed with XXXX XXXX XXXX and XXXX XXXX. We attempted to make a payment, however, it was refused unless we could provide 3 months worth and that was not possible. We are back on our feet and have gotten our issues in order now. We feel that our loan was mishandled and that the staff members were unprofessional and negligent, resulting in the loss of our home. Our intention from the beginning was to maintain possession of our home and we have complied several times in providing the required documents. However, many times, we were notified that we were missing documents but were not told what those documents were making it impossible to provide them. We reached out to find out each time and our messages were not returned. From the beginning, there was never an open line of communication. We reached out several times via email or voicemail without returned communication. We even have emails stating that we had left several messages or emails without being contacted back. On one of these occasions, we submitted all of the requested information and received again no verification that they received it. After several phone calls and emails, XXXX XXXX stated that we did not get the requirements in by the deadline ( which we had. ) I asked him to review his email again because I was sure we sent it in on time and he stated that sometimes the department that is supposed to upload the information takes a couple of days to do it so that department did not upload it on time although we had submitted it on time. He again requested more updated information and we again complied and resubmitted the same information updated. We received a letter dated XX/XX/XXXX that stated Bayview had received our package and that they would be reviewing our case and would give us an answer within 30 days. We attempted to contact him again just to ensure that there was nothing we should be doing in the meantime again, with no response. However, we did get a letter in the mail on XX/XX/XXXX, Introducing Our Contact, which was XXXX XXXX ( the same person we had been dealing with all along ). Soon after receiving that, we received the letter stating that the scheduled foreclosure sale would be on XX/XX/XXXX. We reached out to him several times through email and phone calls, again with no reply. When XXXX XXXX finally did reply, he stated that we were never sent the letter stating that they had received our paperwork. He asked us to send him a copy, which we did, and that he would be in the office until XXXX XXXX XXXX. We sent the fax, emailed, and called his office, again with no response. After another email or two asking if he had received the document that they had sent us, his response was, " Yes, I received it. Thanks. '' There was no further directions on how to proceed or what to do from there. Friday XXXX, I arrived home to see that there was an overnighted package on my porch that stated that we were missing documentation ( although it did not state what documentation ) and there was a new person 's name on the paperwork as the contact person. I contacted XXXX XXXX who was our new appointed person. She stated that although the paperwork may have been there by the deadline, they get thousands of emails a day and it takes them time to upload the documents and I shouldve sent it earlier. I explained to her that we had a deadline and it was submitted by the deadline and if it was going to take several days to upload then the due date shouldve been set for several days earlier. She then said, I dont understand why it takes you a month to get pay stubs in the first place. I explained to her that we had no idea that we were missing paystubs because we were never informed of that. She said we received a letter stating what we were missing ( which we did not ) and that the system says that XXXX XXXX returned my phone calls and we didnt answer. This was also untrue unless he called the home phone number during the day when we were working and did not leave a message. This should not have been the phone number used as he was provided with email addresses and cell phone numbers where we could be reached. XXXX XXXX suggested we go to the courthouse and fight to cancel the foreclosure sale that was set for XX/XX/XXXX. He told my husband that if we got the sale cancelled, he would be happy to work with us to try to get a loan modification. We did get the foreclosure postponed until XX/XX/XXXX. We emailed XXXX XXXX to let him know. He sent us a new package again and we completed the entire package and attempted to fax it for two days and the fax would not go through. We reached out to XXXX XXXX for a working fax number and sent the entire package to him the week before the foreclosure sale date. He responded that he had received the information and that he would put a rush on it. I called XXXX XXXX several times with no response then reached out to him again on XX/XX/XXXX, the day before the foreclosure sale via email again with no response. See email below. Dear XXXX XXXX, I have called a few times since last week and have not received an answer. I know that there was some difficulty with your fax machine but that you did receive our paperwork. My question is, what happens with the foreclosure sale that is supposed to happen tomorrow? Does it get postponed while you review our paperwork? Please call me or email us to notify us. We would really like to know if we have the possibility of keeping our home pending the review of our paperwork. Thank you, The day of the sale, my husband attempted to speak with XXXX XXXX several times to see if our home would in fact be foreclosed on. XXXX XXXX sent an email stating that he would call him in 10 minutes, meanwhile, our home was on the list to be auctioned in a few minutes. XXXX XXXX called my husband an hour later as our home was being auctioned. My husband said, Youre calling me right in the middle of the auction? XXXX XXXX said that he saw that it was happening at that time and that he was going to contact the attorney and call my husband back. He still has not called my husband back to explain what happened. XXXX XXXX called our home the night our house was auctioned and stated that all of our paperwork was in and he couldnt do anything to stop the sale because the county was going through with it. He also suggested we get a lawyer because we were not given enough time and that there is a 37 day rule. That is incorrect information because the 37 days applies to 37 days prior to the sale so we were given incorrect information. He then told me to contact XXXX XXXX to see how we could have the sale rescinded. He also stated that he would call me back to let me know who the plaintiff was so that I could speak to them about getting it rescinded. I still have not been told who that is so that I could see what we could do. At this time, our phone calls are being reviewed, however, I hope that the emails and voicemails are being reviewed as well as there are few phone conversations since we were seldom called back. I also hope that the system that shows that he returned phone calls, states what numbers were being called and cross referenced with the phone numbers left via email and voicemail as I have only received 1, or maybe 2 messages at home and none on either cell phone number that was provided. It is my understanding that we are required to receive a denial letter and we did not receive this letter. In fact, we did receive a letter two days after the sale stating that all of the required documents had been received and that any foreclosure proceedings would be stopped. We were told that this was an error. We were also told that a due date is in fact a due date even if the documents are not uploaded on time meaning that all of the required documents were received before the due date. We were also encouraged by XXXX XXXX to look into the 37 day rule which was also an error because it does not apply to our situation. These may seem like simple errors to Bayview but they are not simple errors for us as this is our home. We have done everything that we were told to do several times and feel that Bayview was negligent in the handling of our loan. This has been a home to me and my family for a long time and our blood, sweat, and tears went into making this home ours. The careless mishandling of our paperwork has caused us great emotional distress and has given us hope several times, just to knock us back down. There will be a package sent to Bayview with a complete timeline and copies of communications we received. This letter, and the documents in the package will be forwarded to the CFPB and Florida Attorney General.
Company Response: Closed with explanation

Timely Response

2018-04-12

PA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-11

Williamston, MI

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-10

District Heights, MD

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-10

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-09

Mcdonough, GA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-07

Glendale, CO

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: I set up a re-payment plan with Bayview Loan servicing and made the final payment on XX/XX/XXXX of the re-payment schedule. I was told at that time that my mortgage was current. Today on XX/XX/XXXXI get a bill in the mail and they are still looking for twice the amount of money after I was told that the payments would go back to XXXX on XX/XX/XXXX. As you can see by the statement that I am enclosing this is not the case and Bayview has breached the agreement because this was an agreement to make the loan current I have been paying more money and still the loan is not current. With all the complaints that you get why can't you shut these people down?????
Company Response: Closed with explanation

Timely Response

2018-04-06

Shelby Township, MI

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2018-04-05

Coalinga, CA

Credit monitoring or identity theft protection services

Mortgage: Home equity loan or line of credit (HELOC)

Complaint: XXXX XXXX dispute late payment XXXX XXXX XXXX dispute late payment XXXX
Company Response: Closed with explanation

Timely Response

2018-04-04

Ellis Island, NJ

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-03

Cowan Heights, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-04-03

Chapel Hill, NC

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2018-04-03

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2018-04-02

NV

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I had been asking my mortgage company for help for 3 years starting in XXXX. My husband was diagnosed with XXXX. The 1st offer that they sent me was in the XXXX week of XX/XX/XXXX. They wanted the offer to start in XXXX but did not give me the paperwork in time period I signed it with the stipulation that they were gon na take money from funds they were holding due to a loss on our home. The next thing I received from them was information that I did not take their offer. I was transferred from 3 different people during this process I reached out to another government agency for some help because I'd already had a signed agreement. They had a for closure date set for XXXX. They postpone math while working on another offer for me both of these offers were {$500.00} more than my mortgage payment. Which didn't really help me but I was willing to sign or do anything to get back on track. The next thing I got from my mortgage company was a letter introducing me to another guy who is going to be handling my case and that was the XXXX week of XX/XX/XXXX Then I get a knock on my door on the XX/XX/XXXX stating that they had foreclosed on my home I have been fighting them asking them to resend it asking them to let me make it up asking me to get a new loan I really need some help here A fair resolution would be for them
Company Response: Closed with explanation

Timely Response

2018-03-31

OH

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: I just called them to pay my account current it is four payments behind. They refused to accept payments beause they began the foreclosure process. This is my primary residence. I was advised that they needed to get reinstatement figures and would get back to me by Tuesday. In addition, they have forced insurance on this loan in violation of 12 CFR 1024.37. I have two other loans in which the violarions are so negligent I hired a lawyer to act on my befalf since those also lead to foreclosure actions.
Company Response: Closed with explanation

Timely Response

2018-03-31

Phoenix, AZ

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: This is XXXX XXXX. I have ben writing to you since Bayview Loan Servicing , LLC sent me a letter on XX/XX/XXXX saying I owed them XXXX or they were removing me from my vacation of Stay. It was then that I started writing every agency in the US and our leaders and institutions to let you all know that I was terribly taken advantage of by a fraudulent mortgage servicing company. I contiunued to write you as I contined to try to show someone with evidence that Bayview was trying to steal my home. Well, no one really cared and bc I'm considered poverty I did not have enough money to get someone to represent me or fight for me and get the criminals put out of business and put in jail bc they are doing this all over American and I BELIEVE THE TOP DAWGS or Wallstreet XXXX KNOWS ALL ABOUT WHATS TAKING PLACE. As I was becoming aware of all the corruption taking place, I still tried to fight to save my home of 14 years that I worked very hard and was doing the right things a homeowner does the HONEST way, so I thought that someone was going to hlep me and not allow what took place onXX/XX/XXXX. On XX/XX/XXXX I decided to walk into federal court in XXXX Arizona pro sec ( File # XXXX ) -and put a claim against Bayview Loan Servicing , LLC for fraud/illegal foreclosure ( again bc NO ONE would represent me ) and I thought or had hope that finally I was going to be able to show a jury with evidence that this was indeed what is happening as before Bayview bought my note, I WAS NEVER LATE and had a positive escrow of XXXX OnXX/XX/XXXX, the Judge XXXX XXXX XXXX closed my case ( after being active since XX/XX/XXXX and, being totally silent for about 6 to 7 months ) closed the case with prejudice stating there is no such thing as Wrongful Foreclosure!!!! I was once again shocked to my core.! ) bc I did not even get to show my evidence to the judge or a jury and 2 ) bc I didn't believe that this is what our justice system was about. Ive been told by and educated friend that bc I was pro sec and did not have the money for a lawyer, probably I didn't have some of the paperwork correct, which is total injustice ... .Right after my case was closed Bayview had an investor buy my home ... Now if that isn't enough. Besides having someone buy my home, they did not even give me notice of any kind this sale was taking place, by mail, or not by putting it in the county recorders office - NOTHING!!!! As I had stated to you earlier in the beginning of the nightmare - I TOTALLY UNDERSTAND WHY PEOPLE SNAP!! WHEN someone takes and turns your life upside down and inside out and is backed by the people you are suppose to trust and believe in, XXXX, what else would one expect but for you to fight back in the only way they are leaving you with doing .... It's so insane and it has ruined me inside as a person ... I also stated in the beginning I wish it would have never happened to me because it broke my spirit and screwed up my phyche finding out everything I have to this day about XXXX XXXX XXXX, our leaders, our injustice in the justice system, our laws, our police officers, our congressmen. It's so ugly and especially the poorer population of America ( we'll call them/us ) left in the cold and beaten and useless because WE DON'T HAVE A CHANCE IN XXXX. If I had money, I might have been able to get a little further and maybe save my home, but I'm not sure bc I have met and talked with a few richer people than myself that have had this happen to them too. If there is anything you can do now to stop these thieves from taking my home ( bc I am still living here at XXXX XXXX XXXX XXXX XXXX AZ XXXX, but am expecting the worst now af being escorted out by the police saying I don't own the home anymore bc now bayview gets not only my home but my XXXX equity THAT I worked hard and HONEST for, so again, if you can stop them from doing this ( which I believe you have had a year and a half worth of time to do it ) PLEASE TAKE ACTION NOW ... .Here are a couple of my file numbers that I could find XXXX and XXXX ( there are approximately 8 or 10 more file numbers from XX/XX/XXXXuntil I went to federal court XX/XX/XXXX. I just want to add I don't trust anyone anymore and maybe someday someone will be able to explain just what it is that your company, lawyers, our government system does that we are suppose to BELIEVE in ... I DID NOTHING WRONG IN THIS ENTIRE SCHEME OF ILLEGAL ACTIVITY ... BAYVIEW STARTED THIS AND IT LOOKS LIKE THEY HAVE WON, but I have not moved out of my home YET!!!! I believe it will probably be recorded in the XXXX County Records on Monday, XX/XX/XXXX that it is no longer my home but Iron XXXX XXXX XXXX XXXX home as it was not in the XXXX County Records AS RECORDED when my mother and I drove downtown in XXXX on Wednesday,XX/XX/XXXX to get papers on where the sale took place and from whom since I DIDN'T HAVE ANY NOTICE IT was sold until this day. I tried to save my home right up to the day they illegally sold it and am still trying, but have no faith whatsoever that justice will take place..
Company Response: Closed with explanation

Timely Response

2018-03-30

Brooklyn, NY

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-03-30

Atl, GA

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response