BAYVIEW LOAN SERVICING, LLC

2017-05-09

Dover, NJ

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-09

South Florida, FL

Closing on a mortgage

Mortgage: Conventional home mortgage

Complaint: XXXX Email : Phone Number : XXXX XXXX XXXX My name is XXXX XXXX I 'm a XXXX for 25 years. My mother died last year in XX/XX/XXXX . She left me her home with a quit claim deed which was recorded. I sold it short sale to her neighbor for decades, who also is a XXXX , We did a contract which was accepted by XXXX XXXX XXXX a servicing agent with an appraisal. The bank sold the loan to XXXX which also accepted the contract for a second time with an an appraisal. XXXX sold the loan to a local bank called BAYVEIW i n XXXX Florida, who ignored our offer as well as went into my deceased mothers house illegally with a lock smith and sent a preservation team to her house. ( let me preface the fact this is not a foreclosure it is a short sale and I have all the rights to this home ) I went to the house and all her exotic plants were stolen, all her tree were cut down and all pool, patio, gardening equipment was piled in her house. It was a disaster. I called the police and filled out a report. Then the following week I drove by again a caught a company in my mothers house hired by BAYVEIW covering her pool illegally. I called the police again and filed a second report. They finally responded to our purchase offer and came back with an over inflated appraisal and is refusing an appeal. They are trying to force my hand for a deed in llueof a foreclosure which I will NEVER SIGN TO THEM!!!! We have XXXX prior accepted contracts with appraisals ( appraisals are under strict laws ) The home needs over {$100000.00} worth of repairs which we can substantiate with contractors reports! They are disreputable thrives, crooks, and robbers. I 'm currently undergoing active XXXX XXXX for a very aggressive XXXX and I 'm overwhelmed by their blatant disregard for the law entering my deceased mothers home and Ws honestly traumatized being this was the home I grew up in which my my father purchased 2 years before I was born bac k in 1963. I 'm grieving the loss of my mother terribly and this crooked bank trashed her home which I have pictures. I have pictures from the XXXX previous appraisals and contractors to substantiate what these people did to my mothers home. I have the lock box they put on her home. I just want them to sell to my purchaser at fair market value which they are refusing!!!!! I NEED HELP!!!!! I 'm very sick from the XXXX and recovering from XXXX and want to expose this bank for the railroading!!!! They are trying Thank you, XXXX XXXX XXXX
Company Response: Closed with explanation

Timely Response

2017-05-08

Yeagertown, PA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: Bayview Loan Servicing , LLC ATTN : Customer Service Department XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX , FL XXXX They consistently misapply or do not apply payments. We pay more than what is due and they put the extra in unapplied funds. We are years ahead on our mortgage and they send statements saying we owe two or three months. I have called and was told it is not a problem as the website has the correct amount. Today I called and their automated system asked me to pay as I owed for XXXX which was already paid and applied. I had received a statement showing they got the payment and now today another statement showing they got the payment and I owe two months. Last week I got a statement that I owed three months and XXXX 's money was received.
Company Response: Closed with explanation

Timely Response

2017-05-08

Philadelphia, PA

Struggling to pay mortgage

Mortgage: FHA mortgage

Complaint: There is a full deposition of the stamped fraudulent signature of XXXX XXXX entered into a court case No. XXXX In the United states court of appeals for the fifth circuit which is also stamped on our note this by law makes the note void
Company Response: Closed with explanation

Timely Response

2017-05-08

Bridgetown, OH

Applying for a mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2017-05-07

Tracy, CA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-05

Itasca, IL

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-05

Garrett Park, MD

Applying for a mortgage or refinancing an existing mortgage

Mortgage: Conventional home mortgage

Complaint: I have a loan modification application XXXX . The POC XXXX XXXX at XXXX XXXX XXXX ext. XXXX Does not return my emails or calls. Meanwhile, my loan modification application lapses and I will be denied and m home goes to foreclosure. Dates when I have called : XXXX . XXXX . XXXX XXXX XXXX XXXX
Company Response: Closed with explanation

Timely Response

2017-05-05

NM

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: On XX/XX/XXXX it was implied to a District Court Judge, that Bayview Loans Servicing LLC ( Bayview ) had filed suit against me for foreclosure on XX/XX/XXXX in the XXXX Judicial District in XXXX XXXX, NM. The originator of my loan was XXXX XXXX XXXX XXXX XXXX ( XXXX ). XXXX had failed to apply my payments, and returned multiple payments, claiming that I owed unauthorized and illegal fees. In fact, in one instance XXXX wrote me and told me that it had charged me fees for both properties when in fact I only owed one ( 1 ) property. To make matters worse, even with XXXX returning my payments in contravention of the loan contract, I had made thousands of dollars in advance payments to my loan. In other words, after paying thousands of dollars in early payments there is no possible way that my loan could have been in default at the time Bayview now claims it was in default even after XXXX failed to apply my subsequent payments. This means that either Bayview did not review competent loan information or Bayview ignored the circumstances of my loan prior to filing the unlawful suit against me. On XX/XX/XXXX, XXXX XXXX XXXX XXXX was sued by the Federal Trade Commission for the very conduct it had engaged in regarding my loan. That lawsuit resulted in a Federal Court Order issued by the United States District Court Central District of California onXX/XX/XXXX The Federal Court Order in effect until XX/XX/XXXX, Restrained and Enjoined XXXX and its successors and assigns ( allegedly Bayview ) from filing suit against me under the circumstances of my loan. See Exhibit A at Section VI. Bayview is not a bank as defined by the Federal Court Order. See, Exhibit A at Definitions 3. Bayview has violated a Federal Court Order by filing a lawsuit against me after the Court had restrained and enjoined it from doing so. Here, Bayview either failed to review competent and reliable evidence regarding the circumstances of my loan or ignored that evidence which clearly demonstrates that XXXX failed to apply my payments and ignored my written dispute regarding its failure. In further violation of the Court Order, Bayview failed to resolve or even address the dispute with my loan which included numerous written notices beginning on XX/XX/XXXX, and concluded with a written notice of Breach and Termination dated XX/XX/XXXX. Bayview continues to ignore this dispute in order to unlawfully pursue the foreclosure case against me in violation of the Federal Court Order which explicitly prohibits in from filing suit under the circumstances of my loan. Bayview has falsely represented to the district Court in XXXX XXXX, that there was no dispute. To the contrary, XXXX was provided a Notice of Breach and Termination of the loan contracts dated XXXX XXXX, XXXX, as a result of the dispute that Bayview now falsely claims did not exist. See Exhibit B. A brief investigation into this matter will quickly reveal that there has been an ongoing dispute regarding the failure to apply my loan payments sinceXX/XX/XXXX and that XXXX was also charging me illegal and unauthorized fees ( charging me fees for both properties when I only owned one property ). It was that very conduct that resulted in the lawsuit by the FTC and subsequent Federal Court Order which Bayview has violated. Exhibit A. For example, after sending XXXX three ( 3 ) checks on XX/XX/XXXX ( see Exhibit C ) XXXX first said the checks were missing. See Exhibit D. XXXX later returned those payments falsely claiming that certified funds were required. In a letter dated XX/XX/XXXX however, XXXX admitted that the payments did not require certified funds stating, This will confirm that although your account was past due for the XXXX andXX/XX/XXXX installments at the time ; your loan had not been referred to our Foreclosure Department and ; as such did not require certified funds. See, Exhibit E at p.2, bullet point 4. When asked to explain why the checks were returned, XXXX failed to respond. See, Exhibit D. Here XXXX failed to accept and apply my payments claiming the payments required certified funds, then later admitted in writing that the payments did not require certified funds. Exhibit E at p.2, bullet point 4. As a result of failing to resolve this and other issues, XXXX was issued the Notice of Breach and Termination of the loan contracts on XX/XX/XXXX Under these and other circumstances, Bayview is in violation of the FTC / Federal Court Order ( Exhibit A ) by filing and maintaining a foreclosure suit against me particularly as it has misrepresented to the District Court that I failed to make these payments when such a statement is clearly false. The misrepresentations are also a violation of Federal consumer financial protection laws. Sincerely, XXXX XXXX XXXX XXXX XXXX
Company Response: Closed with explanation

Timely Response

2017-05-04

San Jose, CA

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2017-05-04

Foothill Ranch, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: Bayview Loan Servicing , LLC has been harassing and threatening foreclosure. My account is current and has always been paid on time. Per contract my due date is the XXXX of each month and I have a 15 day grace period. Bayview has acknowledge and receives all my payments within the grace period, normally by the XXXX or XXXX day or each month. Bayview has called me starting on the XXXX day of each month, regardless. Additionally, Bayview charges a convenience fee for accepting my payment in addition to my regular mortgage payment. <P/> I have asked customer service representatives who have called why they have been calling, harassing and threatening foreclosure. Was told that this are normal and acceptable collection actions and practices. <P/> Previously received calls in XXXX and XXXX . On XX/XX/XXXX received call from XXXX XXXX at XXXX XXXX . Who escalate the call to management XXXX ( did not provide last name ) at ext. XXXX . Asked why I was being harassed and demanded that they do not call to harass me. If I become late ( which I have NOT ) to notify me via US Mail as all creditors / mortgage companies due. <P/> I have also asked that they DO NOT call to harass if payment is done on time and to communicate with me via US mail. Bayview has failed to comply to the my requests that they " do no harass me '' if and when all my payments are in time and within the grace period.
Company Response: Closed with explanation

Timely Response

2017-05-04

Galena, OH

Struggling to pay mortgage

Mortgage: FHA mortgage

Complaint: My loan was modified on XXXX / XXXX / XXXX . Also the service of the loan changed hands from one bank the another. I also had a balloon payment added to cover attorney fees and escrow shortages. Some time in XXXX they added more onto my note and saying I have to pay this now. I have made my regular payment and will not pay this because I think it is wrong that long after modification was completed completed.
Company Response: Closed with explanation

Timely Response

2017-05-04

Montclair, NJ

Trouble during payment process

Mortgage: FHA mortgage

Company Response: Closed with explanation

Timely Response

2017-05-03

Henderson, NV

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-03

Woodland, WA

Trouble during payment process

Mortgage: Conventional home mortgage

Complaint: In XXXX XXXX I received a letter from my current mortgage servicer stating my Hamp modification ( completed in XXXX XXXX XXXX ) had overpaid me {$7000.00} and a correction is required. I called the company twice unable to reach the asset management ( and the employees I spoke to at customer service were unable to answer my questions ) due to hours of operation and one person said they emailed asset management for me. Upon the third call I was put on hold and told my loan had previously been modified again and that is why they overpaid me and that no asset manager had been assigned my case. I asked to speak to a supervisor and was told they were unavailable. I let them know at that time I would be filing a complaint with consumer finance. When I received my XXXX statement my loan was current, however when I check my loan details on line I see Bayview loan servicing my mortgage company has already added the {$7000.00} back onto my loan. If I had known this would be the outcome of my HAMP modification which started in XXXX XXXX XXXX I certainly would have taken a different approach like refinancing to a much lower interest rate than I have now which is currently XXXX %. I ca n't believe this is even legal, each of my mortgage statements continued to say my HAMP modification was modified/active.I received a reduced interest rate in XXXX from XXXX to XXXX % at which time the paperwork stated the only thing changing was basically the interest rate ( nothing mentioned this would void my HAMP modification in any way. I continued to receive a {$1000.00} credit each year and an additional {$5000.00} credit on year XXXX anniversary which was XXXX XXXX XXXX . I contacted Bayview loans in XXXX XXXX XXXX stating I should have received my {$5000.00} XXXX year credit in XXXX XXXX XXXX at which time they did a full review of my loan and gave me the {$5000.00} credit, amazing how now 19 months after the completed modification they are saying there was an error and they overpaid us {$7000.00}. Interest rates have certainly been much lower than XXXX % and the reason we have stuck with this loan was to complete the modification and receive the credits we were promised, had other information stating we would only receive {$3000.00} total been disclosed back in XXXX or XXXX we certainly would not have continued with this mortgage and would have pursued another refinance. I believe this is outright mortgage fraud, I 'm not sure how the government compensated mortgage companies for HAMP but it 's ridiculous to think Bayview loan servicing can just decide to tack {$7000.00} back on to our mortgage 19 months after a six year modification was completed. Why would we have ever done a modification if that were the case, in the long run this will cause us to owe more than we would have without the modification.Obviously these companies think they can just play with peoples finances without any consequences. We have paid well over $ XXXX a year to this mortgage company just in interest. $ XXXX is where we started out in XXXX and are only now at XXXX with {$7000.00} added back in. We 've paid well over {$20000.00} in interest annually. I am so angry that they think they can just simply decide to add that money back in because they supposedly made an error. I will attach my supporting documents and look forward to a favorable outcome in this investigation. Please contact me with any questions.
Company Response: Closed with explanation

Timely Response

2017-05-03

South Florida, FL

Incorrect information on your report

Mortgage: FHA mortgage

Complaint: This complaint is against Bayview Loan Servicing for their poor customer and mismanagement of my loan file. I have 3 late payments recorded in the last year that were no fault of my own however Bayview refuses to correct them. In early XXXX , I received a letter stating that proof of my home owner insurance had not been received. The insurance is obtain by my XXXX and sent to them each year. I contacted the company and was told to re-fax it. After calling and faxing from almost 2 months my mortgage payments increased because they added additional insurance. I called and explained that I needed to know the correct amount and no one could help me and I was told once again that the policy had not been received. I did n't make thee payment on time because no one could tell me the amount and once it was correct the payment was made therefore I feel the mark should be remove from my credit file. The second occurrence happen due to Bayview non working website. Each months Bayview site is down for days and when it is up its not working properly. I logged on to make my XXXX payment and it was never process. I do take ownership for the error because I did n't write the confirmation down nor did I check my account to ensure the payment was made however I also believe Bayview 's faulty system also contributed to the payment arriving late. In XXXX XXXX , I contacted the company once more. Due to the error in XXXX I had to make XXXX payment in XXXX . I contacted the company to find out if their were in deferring option. I explained to the representative that I wanted to void making the payment at the and and being charged the late fee and I also needed time to recovery from the last payment cycle. I was offered to divided the payment over 3 months to avoid the late fees but I was never advised that the payment would continue to report late until it is paid in full. In early XXXX I received an alert notifying me that a late payment was reported.I immediately contacted Bayview and was told it would continue to report late until the payment plan is completed I explained I was never informed of that and all the could say is that it was policy. I escalated i and still got no where. I paid the balance off a few week later satisfying the arrangement and wrote the company a letter asking to concern removing the remarks because of the miscommunication. I never received a response. The following month I attempted to make a online payment and my profile was locked out. I did not contact the company because I did n't want to additional aggravations. In additional. On XXXX XXXX I began receiving collections call every hour on the hour. I thought this was really strange because it never happen before and not to mention it was a day after my due date. It went on for about 4 days until I filed a complaint. At which time I was told the only way to stop the call is to remove my number all together because the system is design to call every hours. This is just another example of Bayview poor service skill. No one should be harassed every hour for XXXX plus hours about a payment. All in all Bayview lack in the area of service and have poor business standards. In the past year they have lost my insurance policy, billed me incorrect, provided misleading information and been harassed. The auto call system needs to be program for less calls. Customer service needs to be trained on how to properly address questions. Lastly, Bayview should respond when something is received in the mail. I am activity seeking another mortgage option because I can no longer allow Bayview to affect me personal due to their negligence.
Company Response: Closed with explanation

Timely Response

2017-05-02

Foothill Ranch, CA

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-02

San Jose, CA

Trouble during payment process

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2017-05-02

Charlotte, NC

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-05-02

Silver Spring, MD

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-04-30

Billerica, MA

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Complaint: In XXXX XXXX after being laid off from my job and subsequently experiencing ove r six months of unemployment, I began the process of exploring options for a loan modification. It was explicitly stated toBayviewLoan Servicing that our intent was tokeep our home. This intent was initially met with positive response fromBayviewLoan Servicing, committing that they would work with us to reduce our monthly payment. At firs t, a Bayview asset manager wo rked with me to qualify for a reduced monthly payment during my period of unemployment. We paid our monthly mortgage amount each month according to this agreement. Having regained employment in XXXX XXXX at a pay rate lessthan I was previously making, our continued objective toreduce our monthly mortgage payment and keep our homewas clearly stated throughout the review process withBayviewLoan Servicing andacknowledged by Bayview staff. At this point ( XXXX XXXX ), we had submitted all required paperwork and my assigne d Bayview asset manager instructed me toNOT PAY on our mortgageas a modification was expected to be finalized within 30 days. For the next 3 months representatives of BayviewLoan Servicing began requesting information that we had already submitted in some instances requesting the same information 2, 3 and 4 times between XXXX and XXXX XXXX . We painstakingly resubmitted information including bank statements, tax filings, expense calculations, and much more. Among other odd requests that made it seem as though they were purposefully delaying our modification, we were asked to " create '' a profit and loss statement for personal income only to be told they did n't need it. On more than one occasion, they claimed they could not understand our tax filings ( which had been accepted by the IRS ) and we and had to put them in touch with our tax preparer. I was stunned when Bayview i nformed me on Friday, XXXX XXXX , XXXX ( following8 MONTHSof collecting and analyzing our financial information ) thattheir offer was toINCREASE our mo nthly mortgagepayment by {$380.00}, in the process congratulating me for the approval of our modification and letting me know that foreclosure was an option. After threatening legal action, Bayview requested yet additional personal financial information. After reviewing, they came back with an offer to reduce our monthly payment by {$140.00} along with requirements that our loan term be extended, equity be forfeited, and fees and charges related to the modification be added to our mortgage amount, again communicating that foreclosure was an option. This modification offer was received XXXX XXXX , XXXX , 13 MONTHS after initial outreach. On XXXX XXXX , XXXX I initiated a request to Massachusetts XXXX XXXX XXXX XXXX 's office to investigate Bayview Loan S ervicing for fraud. During ongoing review, on XXXX XXXX , XXXX , I was told by Bayview that t he owner of my mortgage note is XXXX XXXX XXXX , XXXX ( the same company fined by the United States XXXX XXXX in XXXX for violations of the False Claims Act violations ). I reached out to XXXX customer service on XXXX XXXX , XXXX to request a copy of my mortgage note and was told that XXXX 's home mortgage business had been sold several years ago and the only way I could reach someone for additional information was by postal mail. It is more than evident th at Bayview Loan Servicing turned a hardship situation into an opportunity for them to promote foreclosure to their benefit. The process of delaying this modification, not fulfilling verbal promises, moving staff on and off my account several times, and the overall outcome of the bank making money on the transaction, makes clear that the entire process has been acalculated and fraudulent.
Company Response: Closed with explanation

Timely Response

2017-04-29

Las Vegas, NV

Trouble during payment process

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-04-28

Mabank, TX

Struggling to pay mortgage

Mortgage: Other type of mortgage

Company Response: Closed with explanation

Timely Response

2017-04-27

Bellaire, TX

Struggling to pay mortgage

Mortgage: Conventional home mortgage

Company Response: Closed with explanation

Timely Response

2017-04-27

Hagerstown, MD

Trouble during payment process

Mortgage: FHA mortgage

Company Response: Closed with explanation

Timely Response