BAYVIEW LOAN SERVICING, LLC

2017-11-26

Chandler, AZ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: BAYVIEW LOAN SERVICING FAILED TO ANSWER COMPLAINT Bayview Loan Servicing has provided fraudulent Documentation of Notes and Deeds, Holder Status and broken Chain of Assignment. BAYVIEW LOAN SERVICING LLC HAS FAILED TO DO THE FOLLOWING 1. ) BAYVIEW LOAN SERVICING LLC has failed to implement processes to ensure that Servicer or the foreclosing entity has a documented enforceable interest in the promissory note and mortgage ( or deed of trust ) under applicable state law, or is otherwise a proper party to the foreclosure action. 2. ) BAYVIEW LOAN SERVICING LLC has failed to include a statement in a pleading, affidavit of indebtedness or similar affidavits in court foreclosure proceedings setting forth the basis for asserting that the foreclosing party has the right to foreclose. XXXX. ) BAYVIEW LOAN SERVICING LLC has failed to set forth the information establishing the partys right to foreclose as set forth in I.C.2 in a communication to be sent to the borrower as indicated in I.A.18. XXXX. ) BAYVIEW LOAN SERVICING LLC has failed to comply with the following : If the original note is lost or otherwise unavailable, Servicer shall comply with applicable law in an attempt to establish ownership of the note and the right to enforcement. Servicer shall ensure good faith efforts to obtain or locate a note lost while in the possession of Servicer or Servicers agent and shall ensure that Servicer and Servicers agents who are expected to have possession of notes or assignments of mortgage on behalf of Servicer adopt procedures that are designed to provide assurance that the Servicer or Servicers agent would locate a note or assignment of mortgage if it is in the possession or control of the Servicer or Servicers agent, as the case XXXX be. In the event that Servicer prepares or causes to be prepared a lost note or lost assignment affidavit with respect to an original note or assignment lost while in Servicers control, Servicer shall use good faith efforts to obtain or locate the note or assignment in accordance with its procedures. In the affidavit, sworn statement or other filing documenting the lost note or assignment, Servicer shall recite that Servicer has made a good faith effort in accordance with its procedures for locating the lost note or assignment. 5. ) BAYVIEW LOAN SERVICING LLC has intentionally provided us through XXXX XXXX XXXX, Bayview Loan Servicing LLC, Consumer Financial Protection Bureau and the XXXX XXXX XXXX, multiple fraudulent deeds and fraudulent notes in responding to complaints. Therefore, XXXX XXXX XXXX trying to trick us and the Consumer Financial Protection Bureau into believing fraudulent deeds and fraudulent notes are authentic because XXXX XXXX XXXXXXXX provided them through the CFPB but they are not. 6. ) BAYVIEW LOAN SERVICING LLC has failed to ensure that mortgage assignments executed by or on behalf of Servicer are executed with appropriate legal authority, accurately reflective of the completed transaction and properly acknowledged.
Company Response: Closed with explanation

Timely Response

2017-11-26

Chandler, AZ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: IT IS ILLEGAL FOR BANKS AND SERVICERS TO REQUIRE BORROWERS TO SIGN A WAIVER GIVING UP THEIR RIGHTS AS A CONDITION FOR APPROVAL OF A PERMANENT MODIFICATION. BAYVIEW LOAN SERVICING HAS ALREADY DUAL TRACK BORROWERS FOR OVER A YEAR AND NOW THEY WANT BORROWERS TO SIGN A CONDITIONAL WAIVER SO BORROWERS CA N'T SUE THEM WHEN THEY DUAL TRACK BORROWERS AGAIN AND AGAIN AND AGAIN Bayview Loan Servicing LLC, failed to acknowledge their dual tracking. On XXXX/XXXX/XXXX, Sub-Servicer Bayview Loan Servicing acted intentionally, fraudulently and in conscious and callous disregard for the rights of the borrowers. The damages caused by wrongful foreclosure are tantamount to intentional malice. A beneficiary or trustee under a deed of trust who conducts an illegal, fraudulent or willfully oppressive sale of property may be liable to the borrower for wrongful foreclosure. A foreclosure initiated by one with no authority to do so is wrongful for purposes of such an action. Sub-servicer Bayview Loan Servicing, its assignee or an agent acting on behalf of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX instructed Sub-servicer Bayview Loan Servicing to initiate and complete a nonjudicial foreclosure sale at the same time borrowers are in a active current workout and making monthly trial modification payments for over a year. The borrowers challenge the wrongful foreclosure and the authority of Sub-servicer Bayview Loan Servicing who claims it by assignment. The borrowers wrongful foreclosure claim is based on allegations that the foreclosing party Sub-servicer Bayview Loan Servicing acted without authority because the assignment by which it purportedly became beneficiary or trustee, under the deed of trust was not merely voidable but void. 1 ) Sub-servicer Bayview Loan Servicing to put into writing who the true secured lender is? 2 ) Sub-servicer Bayview Loan Servicing to put into writing they foreclosed on behalf of XXXX XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX XXXX its assignee or an agent acting on behalf of XXXX XXXX XXXX XXXX XXXX gave the authority and instructed the trustee to initiate and complete a nonjudicial foreclosure sale. The borrowers assert Sub-Servicer Bayview Loan Servicing lacked the authority to foreclose ; because XXXX XXXX XXXX XXXX XXXX who invoked the power of sale isnt the true beneficiary. Therefore, Sub-Servicer Bayview Loan Servicing inability to follow appropriate foreclosure procedures, have caused them to participate in acts of unfair and deceptive practices including, but not limited to, the following : a ). failing to properly identify the foreclosing party ; b ). charging improper fees related to foreclosures ; c ). preparing, executing, notarizing or presenting false and misleading documents, filing false and misleading documents with courts and government agencies, or otherwise using false or misleading documents as part of the foreclosure process ( including, but not limited to, affidavits, declarations, certifications, substitutions of trustees, and assignments ) ; d ). preparing, executing, or filing affidavits in foreclosure proceedings without personal knowledge of the assertions in the affidavits and without review of any information or documentation to verify the assertions in such affidavits. This practice of repeated false attestation of information in affidavits is popularly known as robosigning. Where third parties engaged in robosigning on behalf of Master Servicer XXXX XXXX XXXX, they did so with the knowledge and approval of Master Servicer XXXX XXXX XXXX ; e ). executing and filing affidavits in foreclosure proceedings that were not properly notarized in accordance with applicable state law ; f ). misrepresenting the identity, office, or legal status of the affiant executing foreclosure-related documents ; g ). inappropriately charging servicing, document creation, recordation and other costs and expenses related to foreclosures ; and h ). inappropriately dual-tracking foreclosure and loan modification activities, and failing to communicate with borrowers with respect to foreclosure activities.
Company Response: Closed with explanation

Timely Response

2017-11-26

Chandler, AZ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: Please identify the true secured Lender on the loan. Provide chain of title
Company Response: Closed with explanation

Timely Response

2017-11-26

Ventnor Heights, NJ

Incorrect information on your report

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-25

Bloomington, MN

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: 1 ) XXXX XXXX indicated that my last mortgage modification would bring my loan current to XX/XX/XXXX. My loan was brought current to XX/XX/XXXX. This was escalated for resolution and has yet to be resolved. 2 ) I wrote a letter indicating issues with my mortgage modification and that I wanted to proceed with a Bayview in-house modification, and I sent in the request for resolution within 30 days after signing ( the instead offered and accepted HAMP mortgage modification ) documents to indicate issue. This has yet to be resolved. 3 ) I sent in all documentation requested of me by XXXX XXXX ( and XXXX XXXX ) and communicated regularly with employees at Bayview Loan Servicing to indicate my intention to avoid foreclosure. I have complied with sending any and all documentation requested to qualify for work out options. This has yet to be resolved as work out options have not been communicated to my attorney ( to the best of my knowledge ). 4 ) XXXX XXXX told me in recorded phone conversations that I would be eligible for a repayment plan, and then would n't get back to me until after my mortgage was referred to foreclosure attorneys at XXXX XXXX XXXX XXXX XXXX attorneys, resulting in thousands of dollars of extra fees that included payments due that were to be deferred in my principle balance, and then authorization was given twice to proceed with scheduling a foreclosure sale of my home. This is dual tracking in Minnesota and extremely poor business conduct, which has led these issues being addressed today. I am submitting this complaint to indicate that I am still trying to resolve these issues. 5 ) My attorney has requested all work out options available to me from Bayview Loan Servicing, and has yet to receive these options, to the best of my knowledge. Please send them. 6 ) I am trying my best to work with Bayview to collaboratively avoid foreclosure, which has been my stated intention all along. It is in the best interest of everyone involved to avoid foreclosure of my home. I request resolution of these complaints and ask for any and all assistance. Thank you.
Company Response: Closed with explanation

Timely Response

2017-11-22

Glendale, CO

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-22

Bloomington, MN

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: I received an email from a real estate agent yesterday indicating that my home is currently advertised with an active rescheduled mortgage foreclosure sheriffs sale date set for XXXX XXXX, 2018. I never received notice from Bayview Loan Servicing or XXXX XXXX XXXX XXXX XXXX about this rescheduled sheriffs sale. Also, although mortgage foreclosure prevention options have been requested numerous times by me and my attorney, Bayview has not communicated them. Resolution and mortgage foreclosure prevention action is urgently needed.
Company Response: Closed with explanation

Timely Response

2017-11-22

Fort Wolters, TX

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-22

Blairstown, IA

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2017-11-21

Ruidoso, NM

Incorrect information on your report

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

Account status incorrect
Complaint: On XXXX XXXX, 2017 I cancelled this loan transaction under the Truth In Lending Act. XXXX XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX ignored my written requests to close the account even though I sent them via certified mail signature receipt the written and signed " notice of right to cancel '' which they indeed signed for. They are continuing to harass me over this and report it on my credit report even though I have formally disputed it. The cancellation of this account was recorded in XXXX County, New Mexico and I can provide supportive documents upon request.
Company Response: Closed with explanation

Timely Response

2017-11-21

Blairstown, IA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-21

Island Trees, NY

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-20

Chandler, AZ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-20

Centerville, OH

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2017-11-20

Piscataway, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-20

Carmel, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: XX/XX/XXXX - I solicited Mortgage help from the government program XXXX XXXX XXXX XXXX ( XXXX ) to prevent foreclosure. XX/XX/XXXX I was pre-approved by XXXX XXXX XXXX XXXX to receive help and avoid foreclosure, however, additional authorization from the mortgage servicer ( Bayview Loan Servicer, LLC ) was necessary to continue with this process by obtaining approval for a mortgage loan modification. XX/XX/XXXX ( all month basically ) - I completed a lengthy and detailed process with Bayview Loan Servicing , LLC to revise my financial status and be able to receive approval for a loan modification. The bank needed to inform XXXX of their approval. The deadline to meet by XXXX was XX/XX/XXXX. I followed up with Bayview on all the documentation they asked from me and communicated with them several times over the phone. The deadline asks for loan servicer approval for a loan modification. I have since then been waiting for the bank to notify XXXX of their decision on the possibility to modify my current mortgage loan. Because there has not yet been an answer from the bank to XXXX ; XXXX kindly extended the deadline by a month. XX/XX/XXXX is the new deadline. During this process, I have tried to call many ( all ) Bayview numbers related to customer service but my phone number and/or account is blocked from contacting anyone. I have tried calling at different times of the day, different days a week and I am only able to contact one person and one phone number only. This person I speak to representing Bayview is rude and condescending. I am not confident he has my best interest at hand and I feel he is neither transparent nor clear about the process I seek. Unfortunately for me, he is an English-speaking representative, and I always need a translator when communicating with him. Translators are also rude and often have side conversations with him during my call. I have explicitly asked to talk to someone else or another department or supervisor but my request is always ignored and to this date, I have not yet been able to contact anyone else other than him. I am truly so distressed and anxious about this process because the new deadline set forth by XXXX to be able to receive aid and save my home is fast approaching and yet no response of any kind from Bayview has been notified to XXXX. Because I do not have the money to hire a lawyer, I have not looked for legal assistance or file for bankruptcy. It is extremely important to me to resolve this issue, avoid foreclosure and save my home. I am reaching out to this entity to kindly request help sorting out this very crucial matter. XX/XX/XXXX - I decided to submit this claim because I am not satisfied with the unclear, incomplete and misleading responses I have receive from the bank. I strongly believe the loan servicer is purposely making me loose time by asking me to provide repetitive information and by sending me general and misleading information trying to get me to sign documentation that we have not discussed nor agreed to over the phone. I have a strong reason to distrust this person because all the documents that Ive received have been forwarded to me without XXXXs knowledge and if signed by me ( as explained by XXXX ) these would automatically disqualify me from receiving any help from XXXX. Again, the person I have been in contact with from the bank has tried several times to confuse me with the process sending me paperwork for new agreements independent from the XXXX process. I have remained in touch with XXXX XXXX XXXX XXXX and they have not been notified of any decision made by the bank on this matter.
Company Response: Closed with explanation

Timely Response

2017-11-19

Amherst, MA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-17

South Florida, FL

Closing on a mortgage

Mortgage: Conventional home mortgage

Complaint: My name is XXXX XXXX owner of my XXXX grand mothers home. Her legal address of the subject property is XXXX XXXX XXXX XXXX, XXXX Fl. XXXX. I sold the home to the same purchaser over 12 months ago. From that time the bank without my permission accessed the home with their preservation team, cut down and mowed down thousands of dollars of plants and trees after we called the police twice, filed reports and my realtor notified their preservation team and their contractor MM mortgage. From that time the bank has agreed to a settlement for damages but Im waiting for them to settle. Furthermore the bank came back with a very inflated counter offer to the purchaser which was unsubstantiated from an appraisal standpoint. The purchase offer is {$260000.00}. The bank came back at {$330000.00}. Which I refuted and worked very closely with XXXX XXXX department head XXXX XXXX for over 3 1/2 months getting their own contractors bids to show there is over {$120000.00} worth of structural repairs needed for the property including roof decking, shingles, termite damage, under ground plumbing damage, mold, flooring, upgraded electrical service, kitchen and bath room remodeling etc. The 1st appraisal showed {$25000.00} in upgrades at the {$330000.00}. Price. Ounce we established the Home needs over {$120000.00}. As per Bayveiws own contractors bids, the bank still refused to reduce the price to meet the buyers offer. Can you please help me!!!!! Obviously something is very ascew. Thank you, XXXX XXXX ( XXXX XXXX XXXX
Company Response: Closed with explanation

Timely Response

2017-11-17

Bywater, LA

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-16

Los Gatos, CA

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-16

Chandler, AZ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-16

Riverside, CA

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2017-11-16

Los Gatos, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-15

Wellsburg, WV

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-11-15

South Florida, FL

Incorrect information on your report

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

Account information incorrect
Complaint: Bayview Loan Servicing reported inaccurately the payments made. The payments were done within the due date and they reported as no payment
Company Response: Closed with explanation

Timely Response