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 35
2017-12-08
Crystal Lake, IL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2017-12-06
San Gabriel, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: XX/XX/XXXX I refinanced my home to an interest only loan. In XX/XX/XXXX my payment adjusted to a fully amortized payment, which I didnt know it would do.
On XX/XX/XXXX Bayview returned my payment and advised me that I was past due with my payments, and they were no longer going to accept my payments, I called Bayview to find out why, since I had been making my payments all long. they advised that I owed over {$12000.00} in past due payments. I know now, it was because my mortgage payment changed to a fully amortized payment. I called Bayview to try and resolve but they were not helpful, and by them not accepting my payment I was afraid of loosing my home. I hired, what I thought at the time, to be a reputable modification co. they said they could help me, they do this all the time. They started the modification process with Bayview, and assured me that all was going well and we should have the loan modification approved shortly. I paid them several thousands of dollars. Come to find out my loan modification had been denied, XX/XX/XXXX I found this out by calling Bayview when I got the foreclosure notice. I called Bayview and the loan modification co and the numbers and address were no longer valid for the modification co. Not knowing what to do I went to a counseling session for seniors, and then decided to do a Reverse Mortgage. I completed my HUD counseling on XX/XX/XXXX, and had to wait 7 days to complete the application for my Reverse mortgage.
I called XXXX XXXX at Bayview, however he did not return my call, with the help of my niece we found out that XXXX XXXX was now assigned to my file. I called and spoke to XXXX and let her know I was getting a Reverse Mortgage and requested a postponement, she verbally denied the postponement. I Called XXXX back after a couple weeks to request the postponement again, because I now had completed the application, we had the appraisal and loan approval. XXXX advised me that I would need to go to my local court house and request the postponement from the judge. I spent the afternoon at the court house, to find out this was not the process for me in California .... the postponement needs to come from XXXX/Bayview. I then called XXXX back and left several messages and faxed her my reverse mortgage loan approval, and request for postponement. she, to this day has not called me back. I then reached out to Bayview 's escalation department and spoke to XXXX she helped as much as she could she provided me her fax # to send in the documents I had sent to XXXX, I faxed them to her. XXXX then transferred me to XXXX XXXX escalation manager, he reviewed the notes and advised he would send the postponement request on my behalf to the asset management team Manager, I emailed my Reverse mortgage loan approval to XXXX. He advised to call back in the morning to get an answer. I also called and spoke to the Trustee I faxed them my reverse loan approval and request to postpone the sale date, I also hand carried it into there office in XXXX. I Spoke to XXXX at the trustees office he said he will call Bayview and see what he could do.
Next morning I called XXXX @ Bayview however I was not successful in speaking to him, nor to XXXX. I was transferred to a team lead in asset management named XXXX XXXX. He refused to review or discuss since as he stated ... '' its to late nothing I can do '' I am a senior citizen and US XXXX veteran trying to save my home. Today my home was sold as a piece of property, but for me it was my home, my memories my life. Please help me get my home back loan approval sent to : XXXX XXXX fax # XXXX, XXXX-Escalations XXXX emailed to XXXX XXXX Escalation Mgr. XXXX XXXX-Trustee fax # XXXX
Company Response: Closed with explanation
2017-12-06
Arco, CA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: I have been dealing with Bayview Loan Servicing. Nothing but lies and false information. First I tried to a loan modification. I was turned down for a the modification. So I decided to do a short sale. I was told not enough time. As the paperwork was turned in 63 days a head of the sales date.
Also a BPO was ordered with the value coming in XXXX higher then any comparable sales in the area. My house is more of a lot value then anything. Bayview refuses to work with me. All I get is lip service. As CA does not have dual tracking.
Company Response: Closed with explanation
2017-12-05
PA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: Please consider this correspondence to be formal notice that our mutual client is hereby appealing the denial of loan modification because your company failed to provide the required notice of additional required documents within five ( 5 ) business days in violation of Regulation X, 12 C.F.R. 1024.41 ( b ) ( 2 ) ( B ). Therefore this client 's application was entitled to be treated as facially complete pursuant to Regulation X, 12 C.F.R. 1024.41 ( c ) ( iv ).
Company Response: Closed with explanation
2017-12-05
CA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: Baview Loan Servicing XXXX I was NEVER LATE on this account. On my credit report, they are reporting late payments from XX/XX/XXXX througXX/XX/XXXX which is completely inaccurate. I HAVE ALWAYS MADE MY PAYMENTS ON TIME. Every time I call them they tell me that there are NO late payments but somehow they seem to still be reporting on my credit file and preventing me from getting the credit I deserve. I have also attached proof of payments made on time. I need for Bayview to correct this MEGA error immediately!!
Company Response: Closed with explanation
2017-12-05
NJ
Struggling to pay mortgage
Mortgage: FHA mortgage
Complaint: I fell behind on my mortgage while waiting for a hearing for social security XXXX. During that time I had no income and without an income, I was unable to apply for a loan modification. My house was originally scheduled for sheriff sale on XX/XX/XXXX [ moved to XX/XX/XXXX ].
In XX/XX/XXXX I was finally approved for XXXX [ including 5 years of back payments ] A few weeks later I received the letter from social security informing me how much I would be receiving each month. At that time [ XX/XX/XXXX ], I applied for a loan modification. I signed and emailed the application along with the required paperwork to the email address specified in the modification package. Also during this time I had filed for bankruptcy as I 'd fallen behind on several other bills. I wanted to keep the house however and do a modification.
The modification package I received was from XXXX XXXX, listed with the job title of XXXX XXXX. On XX/XX/XXXX, I called and spoke with her. She informed me that while my documents had been received and the package was complete - she was unable to speak to me about the status of the modification due to the bankruptcy until my attorney sent in a letter stating it was OK for them to speak with me.
My attorney sent over this letter to the same email address [ as requested by Bayview ].
On XX/XX/XXXX I was unable to reach XXXX and spoke with someone named XXXX who informed me that while they had received the letter from my attorney " the flag had n't been processed in their system '' so they were still unable to speak to me. XXXX informed me he would be removing the flag from my account, and seeing that my modification package would be processed. He recommended I call back in 24-48 hours so the 'flag removal ' had enough time to process in their system.
Today, XX/XX/XXXX I called and spoke with some named XXXX. She informed me that the documents I sent in were no good because they were signed and dated before the original scheduled date of the sheriff sale and I would have to resend in the entire package. She also told me that despite receiving a letter from XXXX XXXX was n't my XXXX XXXX she [ XXXX ] was and she had no idea why XXXX had been assigned to my account.
I feel like I am getting XXXX around. If there was an issue with the date on the documents I submitted [ which I still do not understand ] why was n't I contacted and asked to send in new ones? I only found out because I called them. I do n't understand what the issue with the date on my documents was, why it took over 2 weeks for me to be able to speak to someone after my lawyer sent in a letter stating it was OK to speak with me and here 's the worse part...
I received a letter from the sheriff informing me the sheriff sale of my home has been moved to XX/XX/XXXX - next month. Everyone I spoke to at Bayview tells me they do n't have any record of this date and no sale is scheduled - but they refuse to contact the sheriff and tell him this. The fact that Bayview has no record of a rescheduled sale is irrelevant if the sheriff has a sale scheduled. Bayview is consistently telling me there is no sale scheduled and they have no record of an upcoming sale but the sheriff has a sale scheduled on my home for next month. Bayview is refusing to send me documentation assuring me no sale is scheduled or send documentation to the sheriff informing them that the sale is on hold at the current time.
So while Bayview is XXXX me around with allof the modification paperwork nonsense, my house is going to be sold out from under me.
Every person I speak to at Bayview gives me different information about my modification. No one contacts me [ since having received a letter from my attorney that it is OK to contact me ] when there are issues with my modification package, Bayview and the sheriff 's office do n't appear to be on the same page regarding having the sale of my home pushed back. Meanwhile I finally have an income from social security [ my first check comes on XX/XX/XXXX ] and I am due 5 years of back pay, part of which I wanted to use to pay down the mortgage as part of the modification and I 'm going to end up losing my home.
I have XXXX and XXXX XXXX and have been having difficulty dealing with the potential I might lose the house, but now that I finally have the income required for the modification and money to pay down some of the principle - Bayview is XXXX with me. Everything from who is in charge of my account, to issues they do n't contact me about with the 'date ' I originally signed the mortgage package to a conflict regarding the actual sale of my house which they refuse to step in and assist with [ they simply keep telling me they do n't have a sale scheduled for my home and it wo n't be sold on the XXXX of next month ] in direct contradiction to the sheriff 's office. Unless they 're planning on selling the home and just outright lying to me about not having a date in their system for the sale of the home - why ca n't they communicate with the sheriff office so they 're on the sale page and confirm that the house wo n't be sold. The bank says it wo n't be sold - the sheriff says it will. Who am I supposed to believe?
I waited without income, running through my savings and retirement money for the last 5 years for a social security hearing - which I just won in XX/XX/XXXX - forcing me into bankruptcy to cover all of the debt I 've racked up over the last few years to the extent I ca n't even get a new place to live because of my now poor credit. I want to keep this house but the amount I owe is far above market value [ they 're building newer larger homes in the area for less money ]. I had to wait until the last minute to file the modification paperwork because I was n't able to file it until I had an income - which I just recently got paperwork from social security to show.
I do n't understand why Bayview does n't have it 's act together, no one tells me consistent information, no one contacts me when information or documents are needed and they 're swearing to me the sheriff is wrong about the sale of my home. What 's going on?
Company Response: Closed with explanation
2017-12-05
Beaumont, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2017-12-04
Chicago, IL
Struggling to pay mortgage
Mortgage: Other type of mortgage
Complaint: Dear..ma am or sir. Imsending this e mail..because i feel my application for modification wasn t..handled in a fair and just manner ... i was told i sas denied the modification because they didn t receive all my documents..i was never notified about the modification being denied or the foreclosure or the sale of my property..until.another party came to my property and told my tenants not to communicate with me and mot to pay me any rent they currently not accepting any documents..or giving me a chance to redeem my property my name is XXXX XXXX loan # XXXX the address XXXX XXXX XXXX XXXX XXXX XXXX ph XXXX XXXX XXXX your urgent response to this matter would be greatly appreciated. Sincerely..
Company Response: Closed with explanation
2017-12-04
Trouble during payment process
Mortgage: FHA mortgage
Company Response: Closed with explanation
2017-12-04
San Diego, CA
Trouble during payment process
Mortgage: Conventional home mortgage
Complaint: My name is XXXX ( XXXX ) XXXX and Bayview Loan Servicing is the mortgage loan servicer on my mortgage loan ( Loan # XXXX ).
It 's been a couple of months that this company keep sending me letters about the home insurance certificate for my residence. I have asked my insurance company to send them ( email address is XXXX ) a copy of my home insurance certificate. A copy of that certificate has been sent to Bayview on multiple occasions ( On XX/XX/XXXX and again on XX/XX/XXXX ).
However, I received another letter dated XX/XX/XXXX from this company claiming that they have illegally purchase insurance on my behalf and they threaten to deduct the exuberance cost of this illegal policy from my escrow account.
I would like to report this illegal and fraudulent activity by this incompetent mortgage servicing company so proper actions can be taken against them.
It appears that this company is not managed properly and their harassing activities combined with their incompetence has caused agony and hardship for my family and I.
Please process this complaint and provide the results as soon as possible.
Thanks, XXXX ( XXXX ) XXXX
Company Response: Closed with explanation
2017-12-04
Rehoboth Bch, DE
Incorrect information on your report
Mortgage: Other type of mortgage
Complaint: I am writing in to dispute credit information reported from my mortgage company XXXX XXXX XXXX XXXX for account number XXXX that is being reported by Bayview Loan servicing LLC. I have enclosed copies of my statement and notices that are saying I am past due, even though I am making monthly payments. The statements are saying I am not making a payment for months, then 3 months later ; they are updating my previously made payments. When I call them, they tell me I am not past due and that I was not reported past due and that if I am showing past due on my credit report ; that I need to call the credit reporting agency. Here is the history that lead up to all of these problems.
XX/XX/XXXX my employer XXXX went on strike. My income was reduced to XXXX a month. I called XXXX XXXX XXXX to setup some kind of arrangement to keep my mortgage current. The representative connected me to Bayview Loan Servicing who handles arrangements. I was told that I could apply for a modification but I had to wait until after XX/XX/XXXX so that my account would show in the arrears. I called back after that date and applied for the modification. I received a call a few days later that I was approved for a 3 month modification and that I needed to pay taxes and interest and my payment would be XXXX and that I needed to make a payment that day, but also had to mail my payment to Bayview or call Bayview to make the payment by phone. I made the payment ( all three payments ) by phone and in XX/XX/XXXX I received an alert from XXXX XXXX that I was behind on my mortgage. I called Bayview to see why I am reporting behind and I was told that I would report past due until I satisfied the 3 month modification. Once I satisfied it then the account record would update to current. After I completed the 3 month modification, I received a letter from Bayview telling me to call in because my account was in a past due status. So I call very upset, asked to speak with a manager. The manager tells me that I was given wrong information in XX/XX/XXXX. That she sees the notes from when I called but that I was given the wrong information. She said she will setup the correct kind of modification to bring my account current. She said it will update that I am current but during the modification process I will show past due ( again ).
Subsequently, I applied for the new modification with the manager to bring the account current due to the misinformation from the previous modification. I made my XX/XX/XXXX payment. I received a call that I was approved for the new modification on XX/XX/XXXX but that I needed to make two payments that day ( to cover for XX/XX/XXXX and XX/XX/XXXX ) to initiate the process. I was told to pay XXXX each month for 3 consecutive months to successfully complete the modification. The manager said once again, that the account will update from the previous past due. But that it will show past due until XX/XX/XXXX when the 3 month period for the modification is completed successfully. Again I had to call Bayview to make each payment. At the end of XX/XX/XXXX, I received a call from Bayview telling me that my modification had been completed and my modified payments were XXXX. I began making XXXX even payments to Bayview. I was told that I still had to make the payments directly to them until everything was completed on the backend. When XX/XX/XXXX came, my past due was updated from being over {$5000.00} behind to a little over {$1000.00} behind. So there was some kind of update but it did not fully bring the account current.
On the annual escrow account statement dated XX/XX/XXXX, I was advised that my new monthly payment changed to XXXX. So I began making {$800.00} payments. As you can see by the statement date XXXX/XXXX/XXXX, all of my payments from the beginning of the year were applied in XX/XX/XXXX to my mortgage. I enclosed the statements showing my payments, showing that I was past due ( even though I call and am told to disregard those because the modification is being processed ). To date, I am still getting notices that I am past due. Bayview is holding my payments and saying that they are still processing the modification. I spoke with XXXX on XX/XX/XXXX who said that my account is not past due. He transferred me to XXXX to confirm. XXXX said my account has not been reported past due and that I need to reach out to the credit bureau if it says that I am past due.
Starting XX/XX/XXXX, I began making payments online directly to XXXX XXXX XXXX XXXX and that is when my credit report updated that I was 90-120+ days past due on my mortgage anymore. This has been a huge snow ball that has been getting worse and worse. I am not sure how else to fix this since Bayview is saying that nothing is reporting past due and that the second modification is still being processed. But obviously my mortgage is still reporting past due. My credit rating has gone from close to XXXX down to less than XXXX.
Please review the statements and notices that I have sent in. I desperately need this corrected. I am not able to get it corrected with Bayview since they are saying nothing is showing past due. Then I get a call from Bayview on XX/XX/XXXX saying that I was 3 payments past due. I explained the situation to the gentleman. He looked back and verified my payments and said he wasnt sure why it was saying I was past due. He told me to call their customer service. I explained to him that I already called numerous times and keep being told that I am not past due. If any additional information is needed, please contact me.
On XX/XX/XXXX, I came home to a note on my door that told me to call my mortgage company. I called on XX/XX/XXXX and spoke with a XXXX XXXX ( spelling might be wrong ). He told me that my account is past due. XXXX went back into my history. Said that my modification paperwork said my payment was approximately XXXX a month with principle and interest. He said that my payment should have been XXXX. And that that is the reason I am showing past due about XXXX. I do not understand why my paperwork would tell me to pay XXXX, which I paid XXXX. Then my monthly statement told me to start paying XXXX in XX/XX/XXXX, which I then began paying XXXX. But, then say that that is the reason why I am showing past due.
Company Response: Closed with explanation
2017-12-03
Federal Way, WA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: To whom it may concern, I am at my wits end! I lost my job in XXXX and I was the primary bread winner. I was 30 days late on my house payment and I was close to going 60 days late. I called Bayview Loan Servicing LLC and asked what would happen if I payed a payment even though I was 30 days late? Will it keep considering me 30 days late and he said yes. The gentleman on the phone named told me that I can get approved for an MHA program ( XXXX loan modification ) but that I needed to be 90 days late to be approved and suggested that I go 90 days late after I called the free counselling and got preapproved for the MHA modification with my wifes income.
So I went 90 days late and then applied for the MHA program. Bayview LS LLC would take roughly 4 months for each cycle of the application. It would take this long because after submitting all documents and finishing filling out the paper work, they would give me one last condition which was for a letter from my home owners insurance. However, I belong in a town home so I have to go through my broker. The broker then said he is not supposed to work with me and is and always has been a lender side condition ( meaning they are supposed to do it, not me ) and I would tell them this and then they would deny my modification after 4+ months for not submitting all conditions even though I always did my part of the conditions. I can not control the portion they do. Then the cycle would keep repeating all the way until the MHA ( making homes affordable program ) program expired AND FINALLY they did their job and did the insurance section, they sent me a notice that my application is complete ( even though MHA had expired ) finally and then they denied me. However, I had had a really good job for over 6 months at that time and I included my income and applied again and they still denied me even though my income made me surely qualify.
I have a XXXX XXXX and I live near my parents where I also take care of them, I also live near my childrens school. I NEED my home and I called a lawyer who recommended me a WA state mediation program. I got the counselor on a 3 way call and we called Bayview together and the representative at Bayview gave me the best life fulfilling news Ive had in years with my counselors help and approved me for a fantastic loan modification early this past XXXX. I have cut and pasted the notes for proof, below. I was so happy to know Im keeping my house and XXXX gave me a second chance and I invested {$7000.00} in repairs and improvement. I even ordered a new roof.
Bayviews representative on the phone who guaranteed my newly approved loan modification with my licensed counselor/mediator gave me instructions of exactly what to pay and to pay on XXXX XXXX. I called yesterday right after work with payment information to happily make my first payment. I called in and the lady I spoke to yesterday told me she sees in the notes that my loan mod was approved, but had nothing in the system that was set up for a payment. She assured me and put my on hold. She got back on the phone from hold and then crushed me with news that they said I am still denied!
Upon hearing the news yesterday after investing so much money and already having a health condition, I literally feinted on the spot! My XXXX has been XXXX and my XXXX wont stop XXXX! My XXXX is literally XXXX! This is not fair and I have been jerked around for over an entire year and a half and the whole reason I am even in this mess is that in XXXX I was recommended to go 90 days late to be put in the loan mod!
NOTES ( i.e. proof ) from my counselor getting the loan mod approved over the phone and having it guaranteed to me : Hi XXXX, Big congrats! Great job on getting your own loan modification on your own. Privileged to be the one to hear about it with you Attached is the privacy and the action plan consists pretty much of the call notes below.
Call Notes : Loan # XXXX Bayview XXXX Loan is only in wife XXXX name but XXXX has 3rd party auth on file SPOC assigned to the file XXXX XXXX with Asset Dept XXXX fax XXXX email : and always put loan # & attention XXXX XXXX in subject line XXXXXXXXXXXX Approved for a loan modification sent out on XXXX/XXXX/XXXX start date XXXX for 1st trial payment ( they made it so that no down payment is required the original start date was going to be XXXX/XXXX/XXXX ) Need to check docs to see if signature XXXX will put in request to XXXX XXXX to email the document to XXXX XXXX payments can pay by phone and can speak to anyone but best if given directly to XXXX. No charge for pay by phone fee is waived during TPP Payment is 14 day grace period but must post by XXXX each month.
Check a couple of days after you make your payments with Bayview and your own bank to be sure that they payment posted to your account and it cleared your bank.
Pay to the exact penny, not a penny more or less or you could break the contract or throw their accounting off.
Call and speak with XXXX to review the document once you get it and find out if anything needs to be signed.
Modification terms : P & I {$1300.00} Taxes {$28000.00} ( {$1600.00} for 6 months ) Insurance {$110.00} Total payment {$1700.00} Escrow shortage of {$280.00} per month and will last until XXXX you can pay in a lump sum but wait until after you have the final executed docs in your hands that have your signature and Bayviews on them.
Total payment {$2000.00} for the TPP payments Modification is a step interest rate starting out at 3 % and works its way up to 6.45 % fixed. Think he said it goes up by 1 % per year until 5 years when it becomes fixed but it will say on the document.
UPB {$300000.00} Delinquent {$65000.00} Due for XXXX/XXXX/XXXX Investor Opportunity Funds XXXX XXXX Origination {$340000.00} XXXX/XXXX/XXXX ( didnt get the % or term ) Thank You, XXXX XXXX XXXX XXXX HUD Certified Housing Counselor ID # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Wa. XXXX P XXXX x XXXX F XXXX XXXXXXXXXXXX How to access our services through alternative means : 1 ) XXXX XXXX currently has Housing Counselors who speak the following languages : XXXX, XXXX, XXXX, XXXX and XXXX. If your particular language requirement is not listed we have contracted with a third party vendor to assist you in receiving our services.
2 ) If we can not accommodate your specific request, or do not offer the type of services requested, we may be able to refer you to another agency and or organization to meet your needs.
Company Response: Closed with explanation
2017-12-03
NY
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: Many times through this process, Lawyers, friends and anyone who would listen tried to encourage me because it was common belief that Banks dont want to own your home. They will work with you. Perhaps some banks will, but not XXXX XXXX XXXX. They took government help to bail out mortgages in America under the directives of the CFPB and XXXX XXXX and XXXX XXXX but because they were not laws, simply chose not to follow them.
Today I am waiting to be approved for a Hard money loan. At 11 % it may be the only way to save my home.
I am telling you my story because I dont know where else to turn for help. Anyone who would seek to work with or be placed into a mortgage restructuring situation with XXXX XXXX XXXX should beware, find financing elsewhere whenever possible. XXXX XXXX XXXX seemed to take great pleasure in my misery and delighted in telling me that I was not his customer and that he did not have to settle this mortgage debacle with me, because federal directives and guidelines are not laws and they do not have to follow them. The government, whether state or federal, should not issue such directives and guidelines without penalty of law to back them. The consumer should not take heart of such directives and guidelines as real help.
Is there any hope of help with this matter?
This is my story.
In XX/XX/XXXX, my former husband, remortgaged our family home with a loan executed by XXXX XXXX XXXX XXXX at our home, while I was at work. Our home had been paid off in its entirety in XX/XX/XXXX with money I had received as a settlement from a car accident. Earlier that month, we had discussed finalizing what I was led to believe was a small home equity loan we had taken out some years earlier to take advantage of the low mortgage rates. My husband had discussed taking some equity out of our home to help his struggling real-estate business but I was not on board with this and refused this idea. My husband resorted to taking out a loan to cover the equity loan and more as a single payer note after I refused his request.
He continued the ruse by asking me to take an hour from my work day to meet him at our Town Hall to sign some of the papers with a notary. I had no reason to believe that they were not as he said, papers to finalize the small equity loan, and I signed them. ( In XX/XX/XXXX I believe, regulations were changed so that in the case of a single payer note, the non-borrower on a mortgage would have to sign a document of understanding exactly what their signature meant to the loan ).
In early XX/XX/XXXX, circumstances came to be that my husband had to confess in part that he had taken the mortgage for more than we owned on the home equity loan. He said only that he had done it in such a way that my own credit would not be affected. Nonetheless I was incensed at the betrayal of my trust and not long after in XX/XX/XXXX, made arrangements for myself to be a caretaker of a home own by a friends parent who had just been placed in a XXXX XXXX. I moved out but continued to pay my share of our joint expenses. I gave my husband papers to begin a formal separation agreement that he never signed. I pushed for him to begin the process to sell our home so that we did not lose our assets and he ignored my requests. From the trail of paperwork he left behind after his XXXX, I was able to determine that in XX/XX/XXXX, he began to make short payments to XXXX XXXX XXXX ( who held the loan ). They returned his short payment checks that he kept in a file. At some point in XX/XX/XXXX, XXXX XXXX XXXX assigned the mortgage to XXXX XXXX XXXX for restructuring. XX/XX/XXXX is the date on the first restructuring packet they had sent to him to fill out.
In the late hours of XX/XX/XXXX, my husband was stricken by a XXXX XXXX and on XX/XX/XXXX, he was pulled from life support.
I moved back into our jointly owned home during those days ; the restructuring packet had been spread out on our dining room table, unsigned. After the XX/XX/XXXX, I set about the process of managing bills owed. I contacted a representative from XXXX XXXX XXXX to find out what the status of the mortgage was and how to proceed. They requested a copy of the XXXX certificate which I sent to them promptly. I received a response a few weeks later. The banks representative informed me that the mortgage had been assigned to XXXX XXXX XXXX and that I would need to work with them to rectify the mortgage.
I contacted XXXX XXXX XXXX who also requested a copy of the XXXX certificate ; I was given a number by a representative from Bayview to fax it to. When I didnt receive a call from Bayview, I followed up a few weeks later and was informed that they had not received the XXXX certificate. I was given yet another number and an address to send along copies of the XXXX certificate. Again, I received no response from Bayview and called again 2 weeks later. This time, I was told that they ( Bayview ) were unable to tell me if it had been received and was told that they would not be able to discuss anything about the mortgage with me. I argued with the representative from Bayview on the phone.
This is my home, I am the deeded property owner and by NYS law the executor of my husband 's estate. How can you not discuss this with me? I said. The representative replied, Get a lawyer, lady. So I did. This was in early XX/XX/XXXX.
My lawyer and I discussed probate of the estate. My husband had died without a will and approximately {$9000.00} in personal assets along with a fair amount of unsecured debt. His life insurance barely covered what I had to pay out. There was a small amount to go into a new furnace ( which ceased working in XX/XX/XXXX ) and roof repairs. The rest went to pay back taxes for school and property that were owed for several years in the amount of {$22000.00}. The lawyer fees were also paid from his life insurance.
XX/XX/XXXX went by with monthly statements arriving to our home, addressed to my husband from Bayview. I called Bayview throughout the year requesting their assistance. Within a few months, my calls to XXXX XXXX XXXX stopped being picked up by their representatives. The phone would ring twice and the call would go to voice mail with the promise of a returned call.
One of my daughters used a cell phone to call ; it was answered immediately. She handed me the phone and I gave the account number of the loan and asked the representative from Bayview to read the account before I asked any questions. The representative did and replied XXXX [ ], I am so sorry for your loss. I asked her if it said in the account that they had received the faxed XXXX certificate and she confirmed that they had. She said she was not authorized to comment further but that she would have the account representative XXXX XXXX get back to me when she was available. XXXX XXXX did not return my call, nor did she ever return any of the subsequent calls that both myself and my lawyer, XXXX XXXX, made.
The restructuring packages continued to come monthly to our home, addressed to my XXXX husband.
My lawyer, XXXX XXXX, did not believe probate under these circumstances was required. Instead, he took on trying to communicate with XXXX XXXX XXXX. Bayview did not respond to him. A year later, XXXX suggested that perhaps selling my home was the answer. With a heavy heart, I listed my home in XX/XX/XXXX. The listing and eventual showing of the property resulted in an offer of {$320000.00} in early XX/XX/XXXX. Again, XXXX attempted to contact Bayview. Again, Bayview ignored his repeated attempts. The potential buyer had a short timeline to close on the purchase. It became clear that without Bayviews cooperation, the timeline could not be met. I informed the buyer and we agreed to discontinue his pursuit to purchase the home. I pulled the listing. XXXX and I continued to call and write Bayview for help for another year.
In XX/XX/XXXX, a process server came to my front door with notification from the XXXX XXXX XXXX of the intent to foreclose. He had in his hand a packet for my husband and one for me. I signed for my packet and informed the process server that my husband was XXXX. He seemed confused when I told him this and he said there was no record of his XXXX. I told him of course there is record and to try the department of vital statistics to find it. I also mentioned that XXXX XXXX XXXX had been notified of this multiple times. I brought the packet to XXXX XXXX office the next day. He thought that this might be a good thing, that now we might be able to work with the bank directly to settle the issue.
XXXX filed a counter suit on my behalf to stop the foreclosure of my home on XX/XX/XXXX. A conference with Justice XXXX of the Supreme Court of NYS and the XXXX XXXX XXXX was scheduled for XX/XX/XXXX.
XXXX and I met with Justice XXXX on XX/XX/XXXX. The XXXX XXXX XXXX representative did not show. While meeting with Justice XXXX, we explained that we had been attempting to contact the mortgage servicer since the time of my husband 's XXXX and explained how we had been stiff armed by them and were repeatedly refused the opportunity of working out any agreement to either buy out the mortgage or sell the property. XXXX XXXX suggested ( off the record ) that we should start the negotiations with the XXXX XXXX XXXX offering to pay them out with another mortgage ( if I could obtain one ) in the amount that was owed at the time of my husband 's XXXX. This amount was approximately {$150000.00}.
On our way out of the courthouse, we ran into the lawyer who was hired to represent the XXXX XXXX XXXX ( a young local lawyer secured by the bank that morning ). He asked us to wait while he asked the judge for permission to speak with us. XXXX reasoned that by agreeing to do so, we could speed up the process of settlement. So we did.
When the lawyer for the XXXX XXXX XXXX returned, XXXX pitched the offer of settlement that Justice XXXX had recommended. The banks lawyer responded saying that the XXXX XXXX XXXX was looking for an amount closer to what the interest and fees covered to date ; I would be allowed to assume the note as it was owed to date. The banks lawyer suggested we discuss this with XXXX XXXX XXXX, the banks official council. XXXX sent correspondence to XXXX XXXX with our offer. XXXX XXXX office never responded, nor did they send a formal offer to allow me to assume the note as the banks lawyer had suggested. There was no correspondence from XXXX XXXX XXXX.
I was able to secure a promise of financing from XXXX XXXX XXXX in the amount of {$180000.00} for a home mortgage. XXXX sent another letter to XXXX XXXX XXXX on XX/XX/XXXX, informing XXXX XXXX that I had secured a line of credit that would allow me to pay the outstanding debt. There was, again, no response and no progression in these negotiations.
The XXXX XXXX XXXX simply did not respond to our initial offer nor to our proof of commitment from XXXX XXXX XXXX. After extending the promise from XXXX, the commitment expired. In XX/XX/XXXX the XXXX XXXX XXXX escalated the foreclosure again and another conference with Justice XXXX was scheduled for XX/XX/XXXX.
The surrogate lawyer for the XXXX XXXX XXXX ( the one we had met at our previous court appearance ) again showed up late to our conference, but was allowed to attend. With his time running short, Justice XXXX asked about our progress to date and inquired as to why at this point a settlement had not been reached. After explaining what we had offered, that I had gotten commitment from XXXX to secure the mortgage, and that I had sent it along to XXXX XXXX office, the judge asked the surrogate lawyer why there had been no counter offer from the bank. After messaging from his phone another lawyer from the XXXX XXXX XXXX, he responded simply that XXXX XXXX office had never received any such offer from us. XXXX XXXX stood up and told us to continue negotiations. The conference was adjourned and XXXX reached out again to XXXX XXXX office. There was no response from XXXX XXXX.
Early XX/XX/XXXX, a motion for Summary Judgement was filed by the XXXX XXXX XXXX, against my husband. XXXX counter-sued with the defense that in NY, one can not file suit against a XXXX party. Included in that counter-suit was an argument from myself stating that the defendants, the XXXX XXXX XXXX, had failed to negotiate in good faith, that reasonable attempts had been made to settle the mortgage debt with the XXXX XXXX XXXX, and that they did not follow through on Justice XXXX order to negotiate with me. In XX/XX/XXXX, Justice XXXX granted the banks motion to foreclose.
At this point in time, XXXX and I discussed my need to obtain a lawyer who specialized in foreclosure. XXXX, being a trial lawyer, thought it best that I secured someone with expertise specific to foreclosure defense.
Late XX/XX/XXXX, I contacted XXXX XXXX who agreed to take on my fight with the XXXX XXXX XXXX. We filed an appeal to the foreclosure within the court-specified time frame.
In early XX/XX/XXXX, an order to attend a CASP settlement was sent from the State of NY Supreme Court Appellate Division, a department of Civil Appeals settlement program. The date was set for 3 weeks later, XX/XX/XXXX. Two weeks later, on XX/XX/XXXX, the conference was rescheduled for XX/XX/XXXX, because the XXXX XXXX XXXX requested more time to prepare. They then requested to send an appraiser to my home. I agree and they scheduled the appraisal for XX/XX/XXXX. On XX/XX/XXXX, they sent my lawyer, XXXX, a Successor in Interest Mortgage Assumption package which she forwarded to me.
Four years, 11 months, {$58000.00}, and countless dollars in lawyers and bank fees from my first contact with XXXX XXXX XXXX, I finally had in my hands for the first time the Assumption Package I needed to settle this ordeal. I was still home, recuperating from XXXX XXXX XXXX done in XX/XX/XXXX. Without access to a printer and a fax machine to complete the package, I completed it as quickly as I could and returned it to XXXX on XX/XX/XXXX. Frankly, I thought that 3 weeks completion time was a rapid turn-around considering it took nearly 5 years to get the packet from Bayview in the first place.
On XX/XX/XXXX, the CASP conference began with myself, my lawyer, a lawyer from the XXXX XXXX XXXX, and an account manager from XXXX XXXX XXXX. I was finally able to ask questions.
In XX/XX/XXXX, XXXX XXXX and XXXX XXXX issued a directive to mortgage servicers to work through the assumption of delinquent single payer mortgages with Successors in interest. Can you please tell me why your company refused to do this with this mortgage? And why, after I secured financing to pay off the loan in its entirety, the XXXX XXXX XXXX ignored requests from my lawyer to settle this in XX/XX/XXXX, XX/XX/XXXX?
The account manager from Bayview responded. " XXXX [ ], you are not our client. Those directives and the subsequent directives from the CFPB are guidelines, not laws. We are under no legal obligation to work with you at all and have never been. Those are guidelines, not regulations.
My lawyer, XXXX XXXX asked But you will now? The arbitrator from the state also queried, We are all here to see that XXXX XXXX gets to keep her home, right?
The account manager from XXXX XXXX XXXX replied, We have not had enough time to review the packet XXXX [ ] returned to us late. The XXXX XXXX XXXX lawyer added that there were ways we ways in which we could modify the mortgage to either reduce the amount or put the interest and escrows behind the mortgage in a balloon payment to be paid off at the end of the mortgage. At this point, I began to look more hopeful.
The account manager from XXXX added, Only if we approve your modification package, perhaps at this point you should inquire elsewhere for financing.
At this point, I do not know where this case will go. In the event I assume the entirety of the mortgage complete with interest and escrow, I will not be able to afford to keep my home. Im also not entirely sure the bank would not proceed with foreclosure on my home. Im at my wits end.
Company Response: Closed with explanation
2017-12-01
Manor, DE
Struggling to pay mortgage
Mortgage: Other type of mortgage
Company Response: Closed with explanation
2017-12-01
Jamaica, NY
Trouble during payment process
Mortgage: Other type of mortgage
Company Response: Closed with explanation
2017-12-01
Omaha, NE
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2017-11-30
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2017-11-29
Portland, OR
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2017-11-29
Bywood, PA
Trouble during payment process
Mortgage: Other type of mortgage
Company Response: Closed with explanation
2017-11-28
Jax, MS
Struggling to pay mortgage
Mortgage: Other type of mortgage
Complaint: I reached out to the company after the unexpected and XXXX XXXX of my daughter. I initially reached out to Bayview Loan Servicing to discuss my mortgage options. My home was was free and clear until I entered this relationship with Bayview. This was a cashout refinance but I did n't receive any proceeds. No money was ever disburse to me and according to my Settlement Statement I should have received monies. The loan type initially was suppose to be a fixed rate and $ XXXX. After, later discovering that the actually term was a ARM with an initial rate of 14 % and now the balance as of today is $ XXXX. I strongly believe I have been a victim of equity scheme and taken advantage of due to my age. When I questioned this and explain my inability to maintain this arrangement and to provide documentation on why the interest was high as it is. I feel like they are trying to force me out of my home without trying to assist me in understanding the terms of an agreement that I did n't authorize. They have refused to provide copies of the paperwork. I am in an active bankruptcy and they have ignore the letters as well as calls from my attorney. He has provided evidence that the sale of my property is in fact illegal according to him the proper publication duration has n't accord. But the representative from Bayview stated that the publication did occur for the duration as applicable by law. Despite several request for this documentation it has n't been supplied. I am an elderly lady with health issues this is the last thing I want to be going through at my age in my small community. I have ask desperately for help in saving my home. Calls have been unreturned, representatives have been far less than helpful this is the text book case of stealing, the companies practices is barbaric and sociopathic and no one seems to be concerned.
Company Response: Closed with explanation
2017-11-28
Key Biscayne, FL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: Ridiculous from Servicer and XXXX XXXX to keep paying services like Bayview for homeowner 's to keep loosing their properties and they are not doing their job.
My Name is XXXX XXXX XXXX and I have submitted this modification on behalf of XXXX XXXX in the week of XX/XX/XXXX, I received a called from XXXX XXXX, to see if XXXX the Account Executive on this case has done anything with the documentation I had sent, he informed me that the documentation was just sitting there and that XXXX was not doing anything with it. You may reach XXXX at XXXX.
He also suggested I should speak with XXXX supervisor.
The letter that XXXX XXXX got today is a total violation of RESPA.
since it does not implement any of the documentation that was need it to sent in. Either me or XXXX XXXX had received any documentation requesting additional information. Its Fraud and a lie.
Company Response: Closed with explanation
2017-11-27
Chandler, AZ
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: Subservicer Bayview Loan Servicing LLC, keeps sending Loan Adjustment Agreement or permanent modification agreements with illegal conditional waivers. Bayview Loan Servicing has dual tracked borrowers for over a year and attempted foreclosure on borrowers over ten times while borrowers are in a current active workout and making payments on a trial payment plan for over a year. Subservicer Bayview Loan Servicing uses a tactic of sending the permanent modification out with illegal conditional waiver for borrower to sign. Then when borrowers fail to give up their rights because the permanent modification agreement has illegal conditional waiver Bayview Loan Servicing will state to the CFPB borrowers declined the permanent modification agreement or borrowers failed to return the permanent modification agreement ; however, Bayview fails to tell the CFPB they put a illegal conditional waiver in modification agreement demanding borrowers give up rights so that Bayview Loan Servicing can dual track them, the waiver also demands borrowers to give up their rights to an attorney and a trial by jury. Therefore, we are providing the Attorney General proof that we did n't decline the modification agreement and have submitted the following to Bayview Loan Servicing LLC. Bayview stated in a response to the Consumer Financial Protection Bureau that they had a right to put the illegal waivers as a condition to the permanent modification agreement. Bayview Loan Servicing LLC, also threatened us and stated if we fail to return the permanent modification agreement signed with the illegal conditional waiver giving them right to dual track us, taking away our right to an attorney and also taking away our right to prevail in court if they foreclose then Bayview Loan Servicing LLC has had us in a trial payment plan current active workout for over a year and threaten us stating they will put all the trial payments plan payments into a suspense account and foreclose on us
Company Response: Closed with explanation
2017-11-27
Chandler, AZ
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: The borrowers accept the Loan Adjustment Agreement or permanent modification agreement dated XX/XX/XXXX, and are willing to sign the document if Sub-servicer Bayview Loan Servicing LLC agrees to the following : A ) Remove the illegal waiver B ) Truth and Lending Act and Regulation Z require disclosure of fees, payments, principal interest, escrow, date payment increases the Federal Reserve, the Consumer Financial Protection Bureaus KNOW BEFORE YOU OWE by disclosing Modification fees, escrow, payments, principal and interest C ) A statement indicating all payments are current and that there are no past due payments on the Loan Adjustment Agreement or Modification Agreement and on XX/XX/XXXX, the borrower is current and what the current monthly payment amount due is.
D ) Allow time to have a attorney review the document.
A. REMOVE THE ILLEGAL WAIVER AS A CONDITION FOR APPROVING THE MODIFICATION On XX/XX/XXXX, borrower reviewed the Loan Adjustment Agreement or Modification Agreement dated XX/XX/XXXX. On multiple occasions Bayview Loan Servicing LLC, has demanded borrowers sign illegal waivers demanding borrowers to give up their legal rights to a trial by jury. On XX/XX/XXXX, Sub-servicer Bayview Loan Servicing is demanding another waiver worded differently but demanding the same.
The illegal waivers violate the Consumer Financial Protection Act as well as our rights under RESPA, TILA, TRUTH AND LENDING AND REGULATIONS X, under providing rights, responsibilities, or procedures for consumers or financial institutions for consumer credit contracts.
The illegal waiver demands borrowers to give up several important legal rights and puts the borrowers at the mercy of Bayview Loan Servicing LLC : The illegal waiver demands borrowers to give up their rights to a trial by jury.
The illegal waiver demands Bayview Loan Serving LLC right to dual track borrowers unlimitedly through this modification agreement.
The illegal waiver demands borrowers cant hire an attorney The illegal waiver demands borrowers cant make any claim to attorney fees and cost against lender for a pending foreclosure action that the lender voluntarily dismisses.
The illegal waivers put into the Loan Adjustment Agreement or Modification Agreement dated XX/XX/XXXX, states the following : Borrower agrees not to make any claim to any attorney fees and costs against Lender in the event there is a pending foreclosure-case/action which is voluntarily dismissed by Lender as a result of this modification agreement or similar settlement reached between the parties. Borrower acknowledges that a voluntary dismissal by Lender under such circumstances shall not make the Borrower the prevailing party in such foreclosure action/case for the purposes of this section, Please also remove the other conditional waiver put into the package again requiring us to give up our rights to a trial by jury. ( See Exhibits Attached ) as conditions for approval for the Loan Adjustment Agreement or Modification Agreement.
B ) KNOW BEFORE YOU OWE DISCLOSE LOAN INFORMATION UNDER TRUTH AND LENDING ACT B1. Due to paying trial modification payments for over a year what part of the loan are those trial modification payments applied to?
B2. A Break Down of the amount to be added to the loan and a itemization and listing for each amount of fees and what they are for.
B3. A Break Down of the monthly escrow amount and an itemization listing what the fees are for for example how much is being paid to taxes each month and how much for insurance each month.
B4. What is the starting amount you are putting into escrow and will it cover taxes and insurance?
B4. What the principal and interest payment is?
B5. What the balance left on the balloon is after the 23 payments left on the loan are paid B6. Is there a penalty for paying the loan off early?
B7. Will we have access to pay our account online and have full online access like other Bayview customers?
C ) A STATEMENT INDICATING ALL PAYMENTS ARE CURRENT AND THERE IS NO PAST DUE A statement indicating all payments are current and that there are no past due payments on the Loan Adjustment Agreement or Modification Agreement and on XX/XX/XXXX, the borrower is current and what the current monthly payment amount due is.
D ) ALLOW A ATTORNEY TIME TO REVIEW THE DOCUMENT On XX/XX/XXXX, We are scheduled for an attorney to review the document. We need extra time for the attorney to review the Loan Adjustment Agreement or Modification Agreement. Therefore, we are requesting an extension from Loan Adjustment Agreement or Modification Agreement due date of XX/XX/XXXX be extended to a due date of XX/XX/XXXX.
Company Response: Closed with explanation
2017-11-27
Mia Shores, FL
Closing on a mortgage
Mortgage: FHA mortgage
Company Response: Closed with explanation
2017-11-26
Chandler, AZ
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: Through an extensive investigation and evaluation of our mortgage documents including the Deed, Corporation Assignment of Deed of Trust, Adjustable Rate Note mortgage note by an expert with special skills including handwriting analysis, we have discovered that our mortgage documents that Bayview Loan Servicing has used in filing multiple foreclosures against us contain extensive fraud and defects, those defects include backdated documents, wrong county crossed out, falsely stated dates of transfer or no dates of transfer at all, fraudulent notarizations, forged signatures, signed by employees of the servicers or document preparers who often falsely claimed to be officers of the originating banks and other entities up the chain of assignments, and were robosigned ( i.e., signed in bulk ).
Exhibit A ) Adjustable Rate Note the signatures on the document are forged, the county is wrong, all the lines for signatures have the same defect. Exhibit B ) Corporation Assignment of Deed of Trust, filed XXXX/XXXX/XXXX ; however, this date contradicts the closing date on Exhibit E ) Pooling Servicing Agreement, which states a closing date of XXXX XXXX, XXXX, therefore XXXX XXXX XXXX filed the fake, robosigned Corporation Assignment of Deed of Trust XXXX YEARS TOO LATE. In addition The Corporation Assignment of Deed of Trust is also backdated with a effective date of XXXX/XXXX/XXXX the reason the document was backdated because XXXX XXXX XXXX was foreclosing on our home without standing from XXXX XXXX through XXXX XXXX, so XXXX XXXX XXXX filed this fraudulent document back date their standing for foreclosures from XXXX XXXX through XXXX XXXX. Furthermore, The Corporation Assignment of Deed of Trust is also signed by a ROBO SIGNER XXXX XXXX XXXX XXXX. In addition, the defects in the The Corporation Assignment of Deed of Trust states Certificateholders of XXXX, XXXX XXXX Mortgage Pass-Through Trust XXXX is listed in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX BXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX..listed as Exhibit A of List of Trusts That Used Fraudulent Mortgage Documents PLEASE SEE EXHIBITS ATTACHED Exhibit A Adjustable Rate Note Signatures on this document are forged Exhibit B Corporation Assignment of Deed of Trust This document is completely fraudulent Exhibit D Pooling Servicing Agreement states attached is a copy of prospectus supplement dated XXXX XXXX, XXXX, received in this Commission on XXXX XXXX, XXXX, under the name of XXXX Mortgage Pass Through XXXX XXXX XXXX XXXX XXXX. XXXX
Exhibit E Pooling Servicing Agreement stating that trust closed on XXXX XXXX, XXXX
Company Response: Closed with explanation