There are over 3259 complaints on file for BAYVIEW LOAN SERVICING, LLC. Dated between 2019-12-03 and 2012-04-05.
2017-07-10
Company Response: Closed with explanation
2017-07-10
Chandler, AZ
Company Response: Closed with explanation
2017-07-10
Lorain, OH
Difficulty submitting a dispute or getting information about a dispute over the phone
Company Response: Closed with explanation
2017-07-10
Cortlandt Manor, NY
Complaint: This is being filed against Bayview Loan Servicing LLC. I have had numerous previous complaints filed in which BLS just makes willfully false statments. The last such complaint was XXXX. I am going to do this now by just dealing with one issue per complaint rather than identifying various correlated issues. This will compel them to just deal with one per complaint so that the semantically games, and other attachments they submit that are incomplete and incorrect, mostly irrelevant or uncorroborated, and uncorroborable without the proper and full depiction is not further used as the ruse they commonly initiate to inundate you with a lot of papers of little to no substantive value. I will first deal with their response to item 6 of complaint XXXX. XXXX Bayview wrote : " 6. Bayview has not provided him with proof of a payoff for loan XXXX in XXXX. To address item 6 above : Bayview 's records do not indicate that loan XXXX was paid off in XX/XX/XXXX. Should XXXX XXXX have documentation indicating the loan account was paid off, we ask him to provide us proof of payoff. At theis time for loan number XXXX, our records indicate a UPB of {$830.00} and an escrow account balance of {$6300.00}. A copy of the Customer Accont Activity Statement is enclosed for review. At this time for loan number XXXX, our records indicate a UPB of {$1200.00}, and an escrow account balance of {$6200.00}. A copy of the Customer Accont Activity Statement is enclosed for review. Please be advised we have submitted a payoff request for both loan accounts, which will be sent under seperate cover. '' XXXX My request as item E ) of the complaint under XXXX stated : " E ) They still have not provided me with proof positive ( source documents ( check, or otherwise ) ) depicting the payoff of XXXX in XX/XX/XXXX as previously requested. '' Instead of answering the question BLS plays the symantic of willfully restating my issue incorrectly ( as above ) : " Bayview has not provided him with proof of a payoff for loan XXXX in XX/XX/XXXX. '' Therefore thier answer is irrelavent because the restatment of the issue was incorrect. BLS is constantly using this ploy so they do not have to deal with the real issue. The proper request under XXXX demands that BLS provide the source documents depicting the payoff of the loan ( XXXX ) back XX/XX/XXXX. ( see attached - copy of page six of BLS own documents depicting the payoff on XX/XX/XXXX, and then BLS reversing the money on XX/XX/XXXX without explanation or any reasoning ) This payoff was, to my knowledge, made by another party for my benefit and that without a valid reason BLS reversed the payoff over my objections back in XX/XX/XXXX, and further my demand to see proof of the payment ( to my understanding wire transfer for the benefit of my account ) ( attachemnt - Dialog with XXXX XXXX of BLS regarding XXXX and other issues in XX/XX/XXXX and XX/XX/XXXX ) BLS 's continued actions in failing to provided me with full disclosure on these transactions is minimally in bad faith of the managment of my accounts regardless of the source of the payment. If it affected my account I should have the right to see all pertinent information surrounding the payoff and the legal reasoning for its removal. IN PLAIN ENGLISH I NEED TO SEE THE TRANSFER OR OTHER VEHICLE ( SOURCE DOCUMENTS - not the " Customer Accont Activity Statement '' that proves nothing ) DEPICTED IN THE BLS Customer Accont Activity Statement - XX/XX/XXXX APPLICATION OF THE PAYOFF OF MY ACCOUNT. I NEED TO SEE WHY, AND WHO AUTHORIZED THE REVERSAL OF THE PAYOFF OF MY ACCOUNT, AND THE REASON FOR IT. BLS is in violative of the statute Part 419. Servicing Mortgage Loans : Business Conduct Rules ( Statutory Authority : Banking Law Article 12-D ) 419.4 ( a ) ( b ) ( c ) ( d ) ( e ) Consumer complaints and inquiries ( re : QWR 's, etc ) Next, BLS states that I owe them money for " escrow balances '' yet BLS states that XXXX and XXXX are not escrow accounts BLS states clearly that these two account are " non escrow accounts '' in its XX/XX/XXXX letter ( attached ) but goes on to state that it created escrows for each account " to protect our mutual interests in both properties ''. This is patently illegal without my knowledge and consent. RESPA, 24 C.F.R section 3500.17 does not allow for escrow of this sort, nor do the contractual elements of any agreement that I entered into at any time. BLS took this soley upon themselves. Escrows are for taxes and insurance, unless agreed to by the parties for other purposes. There was, and is no agreement, nor authority of BLS to take this extrodinary action ( s ). Any escrow accounts set up on behalf of either of these loans are violative of the law.
Company Response: Closed with explanation
2017-07-10
Kansas City, KS
Complaint: The last letter i recieved from XXXX XXXX XXXX stated that they were reviewing our case and would let us know of the decision in a few days. That was XX/XX/XXXX. Then i called to check statis of modification on XX/XX/XXXX and they stated they could no loner help us that they had transfered all of our documents to bayview loan servicing and cloaed our account .i resent all info to bayview account manager who told me through email that he had recieved the last of the documents which was proof of change in address and he would contact me within 14 days. Today i recieved a letter after calling XXXX XXXX with bayview and emailing him back with no response, stating to us our house wwould be sold on XX/XX/XXXX. Thats the response we recieved this is unfair we are losing our home because of these people and i wish someone would please review all my documents.
Company Response: Closed with explanation
2017-07-10
IL
Complaint: I am in active chapter XXXX bankruptcy. Bayview refuses to provide any information about my loan ( distribution of funds, current balance, payoff amount ). <P/>I have several prospective buyers for my house, but can not discuss offers without knowing the payoff amount. Bayview said they will only provide that information to my attorney. <P/>My attorney sent a request to Bayview last week, but to date there has been no response. <P/>I am concerned that I may lose a prospective sale due to Bayview 's lackadaisical attitude and notoriously terrible customer service. I am trying to sell my house so I wo n't have to deal with this useless company ever again.
Company Response: Closed with explanation
2017-07-10
Chandler, AZ
Complaint: Bayview Loan Servicing is the subservicer my loan and continues to follow directives from the Master Servicer to foreclose on our loan and the Master Servicer XXXX XXXX XXXX has no standing. The notes and other mortgage documents, including lawfully executed mortgage assignments, were required to have been delivered at the inception of the XXXX XXXX, and XXXX XXXX XXXX repeatedly certified that the XXXX XXXX complied with that requirement. However, XXXX XXXX XXXX discovered that the mortgage assignments were missing so XXXX XXXX XXXX devised and operated a scheme to replace the missing assignments with fraudulent, fabricated assignments this was done to conceal that the XXXX XXXX were never assigned the notes. XXXX XXXX XXXX in concert with the mortgage servicing companies ( which needed possession of the note to foreclose ), prepared and filed thousands of affidavits falsely representing that the XXXX XXXX had possession of the note and that the note was lost in unknown circumstances. These fraudulent documentsusually assignments of the mortgagewere then filed in court to persuade the court that the trust was the proper party to foreclose on the mortgage. XXXX XXXX XXXX concealed that the notes and assignments were never delivered to the XXXX XXXX, and disseminated false and misleading statements to the investor, and homeowners so that XXXX XXXX XXXX could foreclose on our home. The Exhibits attached will substantiate the fraudulent and fabricated assignments. <P/><P/>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 XX/XX/XXXX ; however, this date contradicts the closing date on Exhibit E Pooling Servicing Agreement, which states a closing date of XX/XX/XXXX, therefore XX/XX/XXXX filed the fake, robosigned Corporation Assignment of Deed of Trust FIVE YEARS TOO LATE. In addition The Corporation Assignment of Deed of Trust is also backdated with a effective date of XX/XX/XXXX the reason the document was backdated because XX/XX/XXXXwas foreclosing on our home without standing from XX/XX/XXXX throughXX/XX/XXXX, so XX/XX/XXXX filed this fraudulent document back date their standing for foreclosures fromXX/XX/XXXX throughXX/XX/XXXX. Furthermore, The Corporation Assignment of Deed of Trust is also signed by a ROBO SIGNER XXXX XXXX Assistant Secretary. 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 ,XX/XX/XXXX , XX/XX/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 datedXX/XX/XXXX, received in this Commission on XX/XX/XXXX, under the name of XX/XX/XXXX Pass Through XXXX XXXX , File No. XXXX Exhibit E Pooling Servicing Agreement stating that trust closed on XX/XX/XXXX
Company Response: Closed with explanation
2017-07-09
WI
Complaint: I hope you can help me out. I 've been trying to with no avail for the last YEAR to sell a vacant lot that I have a mortgage on with Bay View.But I can not get a clear title from Bayview because of a mistake in the legal description. Bayview has been unresponsive to our request to straighten out this matter.The title company tried to work with Bayview and they would not respond to them. I 've tried numerous times to contact them and talk to them and no one would respond to me.So we hired a lawyer and he 's written numerous letters to Bayview and no one will respond to him either. Bayview is holding up the sale this property by their lack of communicating with us, let alone trying to fix the problem. We could really use some help here because everything we 've we have tried so far has not worked. <P/><P/>The problem is in the legal description of the property. I bought the property 12 years ago with a small cabin on XXXX Lots. Throughout the years we built a XXXX bedroom XXXX on XXXX of the lot and refinance a couple of times to do that.The original mortgage holder ( XXXX XXXX ) would copy and paste the original legal description for the property on all the new loan agreements, thats where the problem is. Even though we broke them up into XXXX separate parcels each with their own separate loan. I need to getclear title for the vacant lot so we can proceed with the sale and pay off that loan.But Bayview lack of response for OVER A YEAR is unacceptable.I also fell thy are breaking numerous banking laws by their lack of response and their unwillingness to help resolve this matter. <P/>I 'm attaching copies of the letters that were sent to Bayview over the last year, which will help establish a time line and we also had numerous phone calls that led to nowhere!!!!
Company Response: Closed with explanation
2017-07-07
Detroit, MI
Complaint: I have been having a problems with bayview loan servicing before the year 2013.They always say that my payments are late and charging me a late fee even when I send my payments 2 or 3 weeks ahead of my due date. They have been holding my escrow going on 3 years, bayview sends me letters two or three times a month saying my mortgage is in default even though my payments are on time, they send alot of threating letters saying I 'm 3 months behind on my mortgage.They robo call me over seven times every day even after XXXX in the XXXX and on weekends.Bayview saids that I owe them over {$700.00} which I dispute in late fees, because they always make my payments late.I feel that I 'm being taking advantage of because I am a senior citizen. bayview Ioan servicing, LLC XXXX XXXX De XXXX XXXX XXXX XXXX XXXX FL XXXX
Company Response: Closed with explanation
2017-07-07
Belle Haven, VA
Complaint: XXXX I applied for my first mortgage with XXXX and this was my now ex wifes second mortgage due to her bad mortgage decision for the townhouse in XXXX and multiple debts. The mortgage was about XXXX plus I had to get a loan from my bank for an extra XXXX for the extra debts, etc.
We separated XXXX, divorce final XXXX. In the decree the judge said that she had until XXXX to refinance or sell the townhome. She was not allowed to extend any more further debt or new debts in my name. And was solely responsible for any and all responsibility for the property and she had to show me the property note and once she proved that it was clear, I would be released from the deed.
By XXXX, she drove 2 hours to a different XXXX and had a loan modification approved, extension of terms from 30 years to 44 years, was given a advance in the amount of {$25000.00} that is now a deferred balloon payment.
She 's also filed and forged my signature on tax returns to claim the mortgage interest that was in my name alone without my permission or knowledge plus used my information to receive tax information for loan modification and hardship application just recently as last month.
I have not received any information on the application or the fact that it was done and done against a permanent court order. I have no idea what information was used in approve the request for modification and I never signed anything.
Plus she 's not paid escrow, property insurance, nor real estate taxes. I was garnished up until XXXX then the 3rd mortgage lender paid her debt of almost 9,000.
She also fraudulently filed a claim for hurricane damages citing 4 months of damage and hardships. Her property was barely touched and the mortgage company released XXXX to her for the claim for damages.
On top of that, she 's had a note loan on the property that she keeps getting refinanced. This last refinance was for XXXX, before that XXXX and before that XXXX.
Company Response: Closed with explanation
2017-07-07
Cortlandt Manor, NY
Account information incorrect
Complaint: This is being filed against Bayview Loan Servicing LLC. I have had numerous previous complaints filed in which BLS just makes willfully false statements. The last such complaint was XXXX. I am going to do this now by just dealing with one issue per complaint rather than identifying various correlated issues. This will compel them to just deal with one per complaint so that the semantically games, and other attachments they submit that are incomplete and incorrect, mostly irrelevant or uncorroborated, and uncorroborable without the proper and full depiction is not further used as the ruse they commonly initiate to inundate you with a lot of papers of little to no substantive value. I will first deal with their response to item 4 of complaint XXXX. XXXX Bayview wrote : " 4. Bayview is reporting him incorrectly to the credit reporting agencies. He states he owes less than {$1000.00} on one account ( XXXX ) and less than {$1300.00} on the other ( XXXX ). Bayview is reporting that he owes over {$14000.00} per unit to the credit reporting agencies. <P/>To address item 4 above : Our records indicate that on XX/XX/XXXX, we sent XXXX XXXX a letter regarding his credit reporting ( copy enclosed ). The letter informed him that we were making system corrections and that once the credit reporting was updated, the loan accounts would be reported as current. We asked that XXXX XXXX allow thirty ( 30 ) business days for the information to be reflected properly through the pertinent credit bureaus. Please be advised that we are unable to view XXXX XXXX 's credit report and, as such, are unable to comment on his statement that he owes over {$14000.00} per unit to the credit reporting agencies. XXXX XXXX may provide us with a copuyo fhis credit report, and upon receipt, we would be happy to review the report and provide him with additional information. Please be advised that at this time the Unpaid Principal Balance ( " UPB '' ) for loan XXXX is {$1200.00}, and {$830.00} for the loan number XXXX. '' XXXX The complaint on this item by me is that 1 ) Bayview does have the ability to see my credit report. They illegally obtained access to my credit, it would seem, in that the cover letter states " Notice of Home Loan Application '' when in fact I had made no such request for a loan.They are again making false statements..they whether legally or illegally have access to my credit report. They sent such a report to me back in XX/XX/XXXX after one of many heated disputes occurred because Bayview was misapplying my payments to the two account. ( see attachment ( s ) Attached Image from XXXX, and credit report from XX/XX/XXXX run by Bayview latter matches email file name XXXX ) 2 ) Bayview states that if I send them credit reports they will review " we would be happy to review the report and provide him with additional information. '' ( attachments of two redacted XXXX credit reports from XX/XX/XXXX depicting XXXX & XXXX, and XXXX for same period for both accounts ) The XXXX report depicts XXXX owing {$8000.00}, and XXXX owing {$23000.00} The XXXX report depicts XXXX owing {$8100.00}, and XXXX owing {$13000.00} I was not able to obtain XXXX online, but I 'm sure its a mess also. The fact that Bayview states it asked for 340 business days from XX/XX/XXXX does not work because they have had more than 30 business days to resolve this and it is still wrong. Bayview again has made numerous false statements a ) they can and do obtain access to my credit reports b ) the balance information with the credit reporting agencies makes no sense and is actually different from one another c ) they are not resolving my issues with them they still have false information filed with the credit reporting agencies to my detriment Bayview has been guilty for years of credit reporting violations regarding these loans
Company Response: Closed with explanation
2017-07-07
Perry, FL
Company Response: Closed with explanation
2017-07-07
Agnew, WA
Company Response: Closed with explanation
2017-07-07
Atl, GA
Company Response: Closed with explanation
2017-07-07
Cortlandt Manor, NY
Complaint: This is being filed against Bayview Loan Servicing LLC. I have had numerous previous complaints filed in which BLS just makes willfully false statments. The last such complaint was XXXX. <P/>I am going to do this now by just dealing with one issue per complaint rather than identifying various correlated issues. This will compel them to just deal with one per complaint so that the semantically games, and other attachments they submit that are incomplete and incorrect, mostly irrelevant or uncorroborated, and uncorroborable without the proper and full depiction is not further used as the ruse they commonly initiate to inundate you with a lot of papers of little to no substantive value. <P/>
I will first deal with their response to item 3 of complaint XXXX. <P/>XXXX Bayview wrote : " 3. He request that Bayview send him the name and contact information of the owner of his loan accounts. Bayview provided him with just a name and address and stated the owner of the loan was XXXX XXXX XXXX. He contacted XXXX XXXX and spoke with XXXX XXXX, research analyst for XXXX XXXX. XXXX. XXXX informed him that XXXX XXXX is the master servicer, and XXXX XXXX is the owner of the loan. XXXX. XXXX also inform him that she needed to reach out to Bayview to inform that they had not provided him with correct information. To this date, XXXX. XXXX states he has not received the name and contact information of the true owner of his loan accounts. '' " To address item 3 above : '' Our records indicate that on XX/XX/XXXX, we sent XXXX. XXXX correspondence indicating that the owner of the loan accounts was XXXX XXXX XXXX. However, this information was found to be incorrect. Bayview apologizes for the error and any inconvenience it may have caused. Please be advised that on XX/XX/XXXX, we send XXXX. XXXX a letter identifying the correct owner of the loan as XXXX XXXX XXXX as XXXX, XXXX XXXX XXXX, XXXX XXXX, MN XXXX, XXXX ( copy enclosed ). '' XXXX The complaint on this item alone by me is that : 1 ) Bayview made a false statement that it initially provided me with XXXX XXXX XXXX as the owner of the loan on XX/XX/XXXX. In fact they gave me that information after numerous requests in XXXX, and early XXXX on XX/XX/XXXX ( XXXX ). ( see attachment BLS Validation of Debt ... ) 2 ) Bayview further has not provided me with correct information regarding the contact information and possibly the true owner of the loans to date. The phone number provided by Bayview XXXX is not a number available for use by myself. It is only for investors who hold parts of the investments with XXXX XXXX. I still can not ascertain whether this is the actual owner, or what the particulars of the agreement are ( if there is one ). I sent BLS a letter ( email ) in response to that issue of the incorrect phone contact number, etc, and have heard nothing back from them or their attorneys. ( see attachment Print Bayview Failure to provide proper phone numbers ) As such Bayview is minimally in direct violation of Part 419. Servicing Mortgage Loans : Business Conduct Rules ( Statutory Authority : Banking Law Article 12-D ) 419.2 Servicer duty of fair dealing A Servicer has a duty of good faith and fair dealing in its communications, transactions, and course of dealings with each borrower in connection with the servicing of the borrowers mortgage loan. This includes, but is not limited to, the duty to : a ) Safeguard and account for any money handled for the borrower ; b ) Follow reasonable and lawful instructions from the borrower consistent with the underlying note and mortgage ; c ) Act with reasonable skill, care and diligence ; d ) Promptly provide the borrower with an accurate statement of account in accordance with Part 419.7 ( b ) ; e ) Make borrowers in default aware of loss mitigation options and services offered by the Servicer in accordance with Part 419.11 ; f ) Provide trained personnel and telephone facilities sufficient to respond promptly to borrower inquiries regarding their mortgage loans ; and d ) Pursue loss mitigation with the borrower whenever possible in accordance with Part 419.11. <P/>419.4 ( d ) Consumer complaints and inquiries Within 10 days of receiving a request in writing from a borrower or the borrowers authorized representative, a Servicer shall provide the borrower with the name, address, phone number or email address, if available, and other relevant contact information for the owner or assignee of the mortgage loan. <P/>Furthermore 419.4 ( e ) it further states that the loan servicer In addition to the information required to be disclosed under this section, a Servicer may, at its option, provide any other information regarding the servicing of the loan that it believes would be helpful to a borrower, provided that such additional information does not contradict or obscure the required disclosures.
Company Response: Closed with explanation
2017-07-07
Fort Lauderdale, FL
Company Response: Closed with explanation
2017-07-07
UT
Complaint: CFPB, XXXX XXXX is a widower who has made repeated attempts to resolve the foreclosure either by loan modification, short sale or other means. XXXX XXXX certainly should be afforded the right to seek an " alternative to foreclosure, when one is available. However, in order to implement a viable alternative, there must be some willingness by the servicer ( BAYVIEW LOAN SERVICING , LLC ) to work with her. Unfortunately, BAYVIEW has refused to work with XXXX XXXX and has made every attempt to stonewall her efforts to modify her loan or for short sale. It has become clear that BAYVIEW has no intention of entertaining any other alternative except foreclosure. <P/>XXXX XXXX has presented a hardship letter for the purpose of modifying her loan or short sale. Several alternatives to her foreclosure are available to her, however, because they can not be presented, Bayview will not speak to her or entertain alternatives. <P/>Here is a background of her case ... <P/>XXXX XXXX 's husband was a veteran and has XXXX XXXX. A hardship letter is attached.. <P/>She is apparently being stonewalled because she is not on the Mortgage - she is on the deed. <P/>Under these circumstances the property legally falls into her hands, however BAYVIEW has seized the opportunity to utilize this as a stonewalling tactic. <P/>The sale date is XX/XX/XXXX and she desperately needs to open up correspondence with Bayview in this matter? As far as any 37 day rule to submit an offer, Bayview 's stonewalling efforts have made it a impossible to accomplish. <P/>She has discussed seeking and attorney and/or filing a Bankruptcy as a last resort. <P/><P/>Below are copied/pasted emails to BAYVIEW made on her behalf in an attempt to open up communications ... <P/>-- -- -- -- -- - On XX/XX/XXXX XXXX, XXXXXXXXXXXX wrote : Hi XXXX, XXXX XXXX would like to commence a short sale. <P/>Attached is the Authorization for me to talk to you and XXXX Affidavit and Certificate. <P/>Call me asap. <P/>Thanks, XXXX XXXX Direct:XXXX -- -- -- -- -- -- -- -- - Here is XXXX XXXX 's history of events in dealing with BAYVIEW ... <P/>XX/XX/XXXX - A few days after the funeral, went into XXXX XXXX XXXX to speak with the bank regarding the mortgage. We ( XXXX and XXXX ) were told they could n't help us because we were n't on the loan and that we need to present the XXXX certificate in order for anyone to speak with us. We forwarded the XXXX certificate at that time. <P/>XX/XX/XXXX - Attempted a Refinance through XXXX XXXX at XXXX XXXX. The mortgage company would not speak with XXXX because the refinance would be into XXXX 's name and she was n't on the loan even though XXXX certificate was on file. <P/>XX/XX/XXXX - XXXX called XXXX and was told she could n't be helped because she was n't on the loan regardless of the loan holder being XXXX. <P/>XX/XX/XXXX - XXXX again called XXXX and again was told she could n't be helped because she was n't on the loan regardless of the loan holder being XXXX. <P/>***It was n't until the financial hardship finally took its toll ( despite the above attempts to refi/work with the mortgage company ) and payments to the mortgage ceased, that mailed correspondences from Bayview were addressed to The Estate of XXXX XXXX and/or XXXX XXXX XXXX even though she has never been financially obligated to this mortgage. *** XX/XX/XXXX - XXXX called Bayview ( with the help of a family friend ) and once again was told they could n't speak to either of them regarding the loan ( despite having correspondences addressed to XXXX ) because they were n't on " the list. '' When asked who was on the list, the reply was " no one. '' XX/XX/XXXX - XXXX, XXXX 's daughter, called Bayview and was also told that she could n't be helped because she was n't on the loan. <P/>-- -- -- -- -- -- -- -- -- -- - Due to the stonewalling efforts of BAYVIEW, XXXX XXXX is unable to seek alternatives to her foreclosure ...
Company Response: Closed with explanation
2017-07-07
Coalport, PA
Company Response: Closed with explanation
2017-07-07
Naples, FL
Company Response: Closed with explanation
2017-07-07
Naples, FL
Company Response: Closed with explanation
2017-07-06
Juniper Hills, CA
Company Response: Closed with explanation
2017-07-05
East Rockaway, NY
Company Response: Closed with explanation
2017-07-03
Naples, FL
Company Response: Closed with explanation
2017-06-29
Chandler, AZ
Company Response: Closed with explanation
2017-06-29
Chandler, AZ
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. 3. ) BAYVIEW LOAN SERVICING LLC has failed to set forth the information establishing the partys right to foreclose as set forth in XXXX in a communication to be sent to the borrower as indicated in XXXX 4. ) 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 may 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 United States Mail, 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 XXXX 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