BAYVIEW LOAN SERVICING, LLC

2018-03-30

TX

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-03-28

Kansas City, MO

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2018-03-27

AL

Attempts to collect debt not owed

Debt collection: Mortgage debt

Debt is not yours
Complaint: In XX/XX/XXXX, I was living with my Grandmother, helping her pay the mortgage payment when she passed away. I filed an application with XXXX XXXX XXXX XXXX, the mortgage company, to transfer the name on the mortgage to mine as a relative of the deceased. On XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX, letters were sent addressed to my Grandmother requesting additional information and stating " Once we receive all of your information and any required fee, we will send you a letter within 10 business days to confirm whether we were able to make the change you requested. '' On XX/XX/XXXX, I received a letter from XXXX stating " Your request is complete. __________ ( my name ) has been added as a non-liable, authorized party with access to the account. However, I didn't see the non-liable authorized party and was under the assumption that the account had been transferred to my name. Around XX/XX/XXXX, I called XXXX and attempted to refinance the property with them for a lower interest rate, but was denied because it was mobile home. Since I was newly out of college and had little credit, I decided to pay on the property until I could build my credit. In XX/XX/XXXX, I decided to purchase a newer modular home to replace the current depreciated mobile home, borrowing enough money to pay off the current mortgage and roll it into the new mortgage. When the home place called XXXX to get the payoff to know how much to mortgage, they were told I could not pay the loan off because it was not in my name but my Grandmother 's name. I came home and immediately called XXXX to verify this information myself and was told that my name was not on the mortgage and could not pay it off and replace the home. I waited approximately one week and called again and was again told that the mortgage was not in my name, that I had no right to sale, transfer or do anything with the property. So I ask what would happen if I stop making the payment and was told that it would be foreclosed in my Grandmother 's name since she was the responsible party. So, since I could not do anything with the property, in XX/XX/XXXX I vacated the property and ceased making payments. On XX/XX/XXXX, a letter was mailed addressed to myself and my Grandmother regarding mortgage assistance since the payment was late. ( My Grandmother was still listed on the account ) On XX/XX/XXXX, XXXX mailed a " Notice of Intent to Foreclose '' addressed only to my Grandmother. On XX/XX/XXXX, XXXX mailed a letter addressed to me only, notifying that the mortgage has been transferred from XXXX XXXX XXXX to Bayview Loan Servicing effective XX/XX/XXXX. On XX/XX/XXXX, a " Debt Validation Letter '' was mailed addressed to only me from Bayview Loan Servicing. On XX/XX/XXXX, I mailed an answer to Bayview 's Validation letter explaining the issue and providing the letter which states I am not the responsible party, only an added user on the account. I also called Bayview in XX/XX/XXXX or XX/XX/XXXX, and gave the representative the same information and faxed him a copy of the letter, which he replied " everything they have shows me as the responsible party '' leading me to believe XXXX XXXX transferred the mortgage to Bayview, under my name, removing my Grandmother 's name completely under fraudulent pretenses. Bayview has also placed this debt on my credit report showing the delinquent account and that it was opened on XX/XX/XXXX. ( I was only XXXX in XXXX ). This mortgage was never placed on my account by XXXX, there is no payment history on my credit report by XXXX and wasn never placed on my credit report until Bayview put it there as a delinquent account causing my credit score to crash downward. I further suspect Bayview will place it there as a foreclosure also if this mortgage account is not removed from my name. I do not own this account and am not the responsible party as informed by XXXX XXXX on three different occasions and should have all ties to this account removed from my name.
Company Response: Closed with explanation

Timely Response

2018-03-27

CA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: This company keeps saying I am 4 payments in arrears. I keep saying it is only 2 payments ' have repeatedly asked for the accounting records. All they have produced is a document showing two payments in arrears, yet they are threatening foreclosure over this fact that I am 4 payments behind.. In California that is illegal. I have asked for this 5 times in over 90 days. They must stop this harassment and provide accounting.
Company Response: Closed with explanation

Timely Response

2018-03-26

Addisleigh Park, NY

Closing on a mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-03-25

Oxford, GA

Communication tactics

Debt collection: I do not know

Frequent or repeated calls
Complaint: Bayview Loan Servicing repeatedly calls our home phone number for an XXXX XXXX. On at least two occassions I have spoken with a operates who have assured my this number will be removed from their records because there is no one at this number named XXXX XXXX. I was assured our number would be taken out of the calling queue. Dates of my call were Monday XX/XX/XXXXand XX/XX/XXXX. One the most recent call, I even told them unless they quite calling, I will file a complaint with the CFPB. Thanks for your help.
Company Response: Closed with explanation

Timely Response

2018-03-23

Las Vegas, NV

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2018-03-23

Lithonia, GA

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2018-03-22

White Plains, MD

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2018-03-22

Key Biscayne, FL

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: My home was hit during Hurricane Irma as I was in evacuation area. We received over {$100000.00} of damage to our property. We asked for a forbearance as well as made a claim to our insurance provider. There are +- {$45000.00} at " Bayview '' which has not been released for much needed repairs to my home. For the last 3 weeks I've been emailing and calling my account rep to try and reinstate the past due balance and hopefully have the monies that are needed for repair released. To date I've not received either a call back or an email from my rep. This seems like a deliberate attempt to foreclose. All I have asked for is to reinstate and I cant even get my rep online, nor will ANYONE from Bayview return my call
Company Response: Closed with explanation

Timely Response

2018-03-22

Federal Way, WA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-03-22

Improper use of your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Reporting company used your report improperly
Complaint: A REQUEST FOR BAYVIEW LOAN SERVICING LLC LOCATION OF XXXX FLORIDA TO REPORT XXXX XXXX XXXX SINGLE FAMILY HOME OWNER MORTGAGE SALE ON AROUND XX/XX/2017 TO THE THREE MAJOR CREDIT REPORTING AGENCY 'S 1 ) XXXX 2 ) XXXX 3 ) XXXX XXXX. LOAN # XXXX PROPERTY ADDRESS : XXXX XXXX. XXXX XXXX XXXX XXXX XXXX FLORIDA XXXX
Company Response: Closed with explanation

Timely Response

2018-03-22

FL

Improper use of your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Reporting company used your report improperly
Complaint: A REQUEST FOR XXXX XXXX XXXX XXXX LOCATION OF SOUTH FLORIDA TO REPORT XXXX XXXX XXXX SINGLE FAMILY HOME OWNER MORTGAGE SALE ON AROUND XX/XX/2017 TO THE THREE MAJOR CREDIT REPORTING AGENCY 'S 1 ) XXXX 2 ) XXXX 3 ) XXXX XXXX. LOAN # XXXX PROPERTY ADDRESS : XXXX XXXX XXXX XXXX XXXX XXXX XXXX FLORIDA XXXX
Company Response: Closed with explanation

Timely Response

2018-03-21

Richardson, TX

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-03-21

Addisleigh Park, NY

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-03-20

E Strodsburg, PA

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2018-03-17

New Britain, CT

Trouble during payment process

Mortgage: FHA mortgage

Complaint: My mortgage servicing company escrowed too much money from my mortgage payment to cover home taxes owed to the city. Escrowed {$5500.00}, acording to box 11 of the XXXX from my mortgage company, when only required $ XXXXI 'm faxing to Mortgage servicing company statement from city tax collector indicating this fact and I'm requesting a refund of difference of over payment. I would like a review of past statements to see if previous years had discrepancies also.I 'm in the process as I write this complaint of faxing info as I've had disputes in the past with refunds with one dispute where I've had to seek the help of an attorney to resolve for which I wasn't totally satisfied after.This mortgage company has, with me, a history of confiscating money from me and leaving me bewildered as to what happened and why ... I'll attach statements..I do not trust this mortgage company to be fair.
Company Response: Closed with explanation

Timely Response

2018-03-16

GA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: My home is being foreclosure on with a robo signed assignment. The loan was acquired by XXXX XXXX, and it was one the loan that was apart of the XXXX XXXX settlement with the Department of Justices. The assignment was created XX/XX/XXXX and the cutoff date for the trust filed with the U.S .SEC was in XX/XX/XXXX. The agreement said it had to conveyed 90 days befor the cut off date. This assignment was conveyed 5 year after the cut off date in section 201 of the pooling and Service agreement. I mailed both XXXX XXXX XXXX XXXX, and Bayview Loan a QWR / Proof of Claim request. I also asked that the loan be restructured with a lower rate, so my payment will be affordable
Company Response: Closed with explanation

Timely Response

2018-03-15

Parkland, WA

Trouble during payment process

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

Company Response: Closed with explanation

Timely Response

2018-03-14

Orlando, FL

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-03-14

Mill Creek, IN

Struggling to pay mortgage

Mortgage: Other type of mortgage

Complaint: My mortgage is currently serviced by Bayview ( BV ). XXXX XXXX, which is the single point of contact assigned to our account. My loan is backed by XXXX XXXX ( XXXX ) and is currently delinquent. On many occasions, I have sought loss mitigation efforts with BV and contacted XXXX XXXX regarding the same. BV, has refused to process my loan modification and issue unclear underwriting determinations. Per E-3.4-01, Suspending Foreclosure Proceedings for Workout Negotiations ( XX/XX/2016 ), When a delinquent mortgage loan is referred to a law firm, the servicer must continue to work with the borrower to bring the mortgage loan current or finalize a workout arrangement up to the date of the foreclosure sale, unless the servicer has determined that all workout options are not feasible, to make a reasonable effort to modify the loan. Since the loan is insured by the XXXX, this regulation applies, as well as the liability reporting valid information to HUD / FA. It is clear that violations of the False Claims Act ( FCA ), 31 USC 3729 - 3733, since they knowingly withheld information and reported false records to a Federal Government Agency. BV, has also advised that they refuse to offer a standard foreclosure mediation, which is a requirement per Indiana law. This is a clear violation of Indiana Code 32-30-10.5. Per the IN statute, clear notification must be sent to the home owner, giving the option for standard foreclosure mediation. BV, has set a foreclosure sale date for XXXX, during the period where mediation and loss mitigation should be occurring. BV, is in clear violation of False Claims Act, RESPA law and IN Code 32-10.5. BV, has imposed a foreclosure sale date on XXXX. Overall, I feel deceived by BV, on a number of counts and I am seeking your assistance on this matter. While trying to acquire information on these workout programs BV, agent XXXX XXXX violated the FDCPA, failing to properly verify 3rd party or state the mini Miranda prior to disclosing personal account information on his call on XXXX. The mini-Miranda is merely one element of the substantial, complex regulatory requirements set forth by the FDCPA. For collection agencies, ensuring the appropriate use of the mini-Miranda and other communications is a critical component of regulatory compliance, and for consumers, its a valuable protection against unfair and deceptive debt collection practices. The FDCPA requires that a collector make meaningful disclosure of their identity when calling a debtor ( 15 USC 1692d ( 6 ) ) and that whenever communicating with a debtor, must disclose that the call is coming from a debt collector ( 15 USC 1692e ( 11 ) ). Therefore, on its face, this appears to be a violation of these two sections of the FDCPA. After all, they called, they spoke to the debtor, and they failed to identify who they are or that they were a debt collector. A collector can not pick and choose which sections of the FDCPA are better to violate. They can not violate any section. You can reach me via email at XXXX.
Company Response: Closed with explanation

Timely Response

2018-03-13

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2018-03-13

Newark, NJ

Struggling to pay mortgage

Mortgage: FHA mortgage

Company Response: Closed with explanation

Timely Response

2018-03-12

Santa Ysabel, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Starting around the XX/XX/XXXX/XX/XX/XXXX time frame of XX/XX/XXXX I initiated conversation with my Loan Service Provider to start a Loan Modification process with them. After submitting hundreds of pages of documents that were asked for almost a year now, I still do not have an answer. Recently, because it has taken so long I started to inquire with individuals and companies as to the process and have found out horror stories as to the actions of some banks/loan servicer 's towards there customers. At this time I am terribly concerned that this company is going to come back with a denial and put me in a position to possibly loose my home. The amount of time that this process has taken to date is solely on the backs of Bayview as they time and time again asked me for documents that were already received not only by fax, but also certified mail. I literally have 100 's of pages of documents and can not possibly send them. To give you and example of this companies incompetence, I contacted them back in XX/XX/XXXX after they had asked me for a XXXX form for the 5th or 6th time a copy of all of the correspondence that they had from me. A short time later I received 3 large envelopes in the mail from Bayview containing 100 's of pages of correspondence, many of them BLANK! The stress level that this process has caused not only me but my entire family is incomprehensible. My current point of contact at Bayview has never once initiated a phone conversation with me or left a message for either me or my wife. I have had to initiate any communication unless it was an encripted e-mail or correspondence by mail even thought many times through this process I specifically asked for my point of contact to notify me if they did not receive the documents that I had sent only to be ignored and weeks later have them come back and say documents had not been received. I was notified in mid XX/XX/XXXXthat all documents had been received and I would be given an answer within 30 days only to receive an e-mail on the 30th day stating that an additional document is needed. Proof of that document was sent along with bank statements showing the monthly deposits althought those statements had been provided months before. HELP!
Company Response: Closed with explanation

Timely Response

2018-03-12

Sebring, FL

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: Response to Bayview loan servicing llc adding XXXX to my loan as court papers attached will show.
Company Response: Closed with explanation

Timely Response