BAYVIEW LOAN SERVICING, LLC

2017-04-10

Doolie, NC

Loan modification,collection,foreclosure

Mortgage: FHA mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-09

GA

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: I previously submitted a complaint to you about Bayview loan servicing. I asked them to provide a copy of the mortgage note, and all documentation pertaining to my mortgage. They were suppose to comply by XX/XX/XXXX. The complied with no documentation. They sent me a letter stating that my mortgage has been sold again. They further stated that they will continue to service my loan I am suppose to send them my payments. They sent me a barely legible promissory note without my name on it. Only the name of my deceased husband. He has been deceased since XXXX. XXXX did an assignment from my deceased spouse and the previous lender on XX/XX/XXXX. They further did an assignment from XXXX to Bayview Loan servicing on XX/XX/XXXX. Bayview states that the loan was sold on XX/XX/XXXX and the documentation was filed in my local court jurisdiction. I have looked and it was not. I have no idea who actually owns the mortgage it even if I owe money at all. The promissory note that they produced is totally different from the original one that I have. I have not let them in on that fact as of yet. Please feel free to contact my daughter XXXX about anything pertaining to this matter.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-07

Perris, CA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-07

PA

Loan modification,collection,foreclosure

Mortgage: Home equity loan or line of credit

Complaint: I received a letter today from ( Bayview loan servicing llc ) They bought my loan from ( XXXX ) in PA they bought my loan back in XX/XX/2016. I have been current on my loan with no missed payments since i took the loan out. The letter states that they will for close on my house in loan is not paid in full.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-06

Boston, MA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Complaint: I went from XXXX to XXXX loan, tranferrred to XXXX loan. I was paying {$690.00} a month affordable. II went in to pay one month about 4 years ago and XXXX was like we need more. They wanted {$1200.00} then {$1500.00} a month my entire monthly income amount. I tried to modify and they sold to XXXX and they recently sold to Bayview. ANow I am scheduled for auction on XXXX.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-05

Lithonia, GA

Deposits and withdrawals

Bank account or service: Other bank product/service

Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-04

Cartersville, GA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-04

Woodstock, GA

Other

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-04

Friendship, ME

Settlement process and costs

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-03

Simi Valley, CA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Complaint: Bayview Loan Servicing refuses to send me monthly statements despite a Federal Bankruptcy Court order to do so. They are also withholding applying my payment to my account in a timely manner, essentially increasing the interest they earn. For example, I send them my check on the XXXX of every month but they do no apply the amount paid to my loan until two weeks later.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-03

Phoenix, AZ

Credit decision / Underwriting

Mortgage: Conventional fixed mortgage

Complaint: This is ONCE AGAIN regarding BAYVIEW LOAN SERVICING and their lack of customer service and constant wrongdoing.. As of the last reports on XXXX and XXXX, they have that the issue will be resolved by XX/XX/XXXX and XX/XX/XXXX ... IT IS NOT!!!! This is so rediculous and such a fraudulent company that I am apalled that they are still allowed to be in business.. From XXXX being my point of contact, it has gone to a gentleman by the name of XXXX that has called me twice. The first day was when I was returning from my doctor 's office ( and this appointment is regarding the stress and my XXXX to the point of hospitilization - which I have refused because I do n't want to be in the hospital on XX/XX/XXXX even though Bayview tells me the foreclosure is on hold ) I D O N T B E L I E V E A W O R D O U T O F T H E I R M O U T H S!!!!!!! XXXX tells me he is with the Advocacy Team Department and he told me that day that! ) I would be getting an answer shortly on my loan modification ... 2 ) that the foreclosure was on hold, and 3 ) that I would be getting another letter very shortly about the NOE letter and credits that I have been requesting since XX/XX/XXXX ... Two days later I get the approved loan modification that is totally rediculous to me being that my payments were XXXX per month when I purchased my home in XX/XX/XXXX with 5.75 percent and conventional loan. I never did anything wrong and Bayview has admitted that they should have never had me in foreclosure ; However since finding all of this out about them saying I owed them XXXX or they were taking my home I, of course was now starting to receive documents and paperwork that they never sent to me claiming because I was in bankruptcy - and the plethora of charges, late charges, misapplied charges, attorney fee charges, miscellaneous charges, etc I find out only after XX/XX/XXXX - I MADE MY PAYMENTS WITH NO NOTICE OF BEING IN TROUBLE WITH MY LOAN AND HERE I SIT ... IT 'S DOWNRIGHT FRAUD!!!! So, here is the rediculous loan modification from Bayview ( I sent you the first three pages already ) they now want my payment at XXXX a month, same 5.75 percentage and a new 30 year loan ... .WHAT?!?!? How is this modified, if I even deserved a modification ... .This has made me sicker than I am on XXXX already for ... I have filed with the American XXXX Act. But I am writing to you tell you that XXXX called me again and said that I need to call XXXX, the Asset Manager - she will be in charge of my file. I tried calling XXXX three or four times that week with no answer, so I called XXXX back and he said they were all ( every manager ) in a meeting. The next day a XXXX calls me and says that XXXX and the rest of the managers are out of town and wanted to know a little of what is going on ... .So I tell him. I then receive a call on my voicemail from XXXX, but I was sick and asleep the day I received her call. I called the next day and we spoke. She said what is going on. I now have your file and we will get this straightened out so you can get back on track ... I start telling her about the approved loan modification and I havent signed it because Bayview has not credited my account ANYTHING for the wrongdoing and it says in the papers that I sign if when I sign them I can not go back from then ... She said what credits? I said you do have my file, correct? : She said yes, but I still need to catch up on everything. So, very irritated I said then why do n't you read the NOE letter from XX/XX/XXXX and call me back.. We made an appointment for the following Tuesday XX/XX/XXXX at XXXX Arizona time . XXXX told me she has it marked on her calendar. ( it was a Friday, XX/XX/XXXX when we spoke about setting the appointment ). Continued
Company Response: Closed with explanation

Disputed: No Timely Response

2017-04-02

Wallington, NJ

Settlement process and costs

Mortgage: Other mortgage

Complaint: Bay Loan Servicing has been mishandling our loan modification since it was first initiated. After calls and e-mails on our part to the case manager, she either does not respond or just simply ignores us. The case manager weeks ago sent a XXXX packet which contained the legal documents to finally complete this process. We signed, dated and notarized there legal paper work. We also included our banking information in order for them to withdraw our monthly mortgage payments. We sent the return documents via XXXX and a week later we received a reply from Bay Loan via mail that they had in fact received our paper work and that our payments would be pulled from our bank account. Nothing else is needed from our end, since everything was properly completed. So fast forward to today and we receive a 3rd packet stating that they made a clerical error and that we now have to re sign all the documents again. How is this possible? When is this endless cycle going to end? We are requesting a call from corporate directly and need assistance with finally resolving this modification. We are law abiding citizens and jump through hoops to do the right thing and yet again we are told that the process must start once again.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-31

Tallahassee, FL

Loan servicing, payments, escrow account

Mortgage: Home equity loan or line of credit

Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-31

Rochester, NH

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-31

Phoenix, AZ

Credit decision / Underwriting

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: DATE : XX/XX/XXXX TO : Consumer Financial Protection Bureau FROM : XXXX RE : Complaint : Bayview Mortgage Application Dear Sirs and Madams, This complaint has three parts : 1. Extremely lengthy and scrutinizing loan review process ; 2. Error in the final mortgage approval decision ; and 3. NO Response from Bayview for clarification and correction. 1. Lengthy/Scrutinizing Review. I initiated an application for a mortgage modification with Bayview Loan Servicing several months ago in XX/XX/XXXX. It took Bayview 6 months to review and reach an approval decision on this application. During the loan review process I was required to submit many documents including bank statements, contract agreements and letters. Bayview at times requested the submission of the exact same documents and information from me. This process felt extremely and unusually lengthy and scrutinizing. It was confusing and intrusive making the continuing uncertainty and requests for documents XXXX. However, throughout this process I complied with each request and in a timely manner. See attached email communications A, B and C. 2. Error in Mortgage Amount Calculation. In XX/XX/XXXX Bayview approved a loan amount to be paid in a three month " Trial Period '' beginning XX/XX/XXXX through XX/XX/XXXX. The amount was not based on the information that was provided to Bayview but was higher and based on an INACCURATE salary of {$3800.00}. The difference between the original mortgage as of XX/XX/XXXX and the approved amount in XX/XX/XXXX was only {$120.00}. This was in error and did not constitute the kind of relief I was lead to be believe would result from the loan modification. See Document D. 3. No Respone from Bayview for Inquiries. In XX/XX/XXXX after receiving the information about the approved loan amount ( that was an error ) I wrote an email to Bayview requesting clarification on how this inaccurate amount was reached and for a correction. I made four attempts to obtain a response from Bayview on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. There was no response from Bayview to my inquiries. The only reply was short sentence received on XX/XX/XXXX which stated : " Give me a moment to review and answer all questions ''. There has been no further response from Bayview to this date of XX/XX/XXXX. See Documents E, F and G. To date I am working out of the country and have requested that Bayview provide any information and documents to me via email - as they have done since XX/XX/XXXX. Additionally, I have completed the three-month trial mortgage period by making on time payments of {$1100.00} for XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. This was done not that these payments are affordable and should have been based on the income information submitted to Bayview - but were made to successfully comply with the request in the XX/XX/XXXX approval document. With kind regards, thank you for your assistance and consideration. XXXX
Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-30

Santa Ana, CA

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: On or about XX/XX/XXXX my clients mortgage loan was transferred from XXXX ( XXXX ) to Bayview financial. My client was advised no to make the XX/XX/XXXX mortgage payment to XXXX, but to make the payment to Bayview. On XX/XX/XXXX, my client called Bayview financial and advised that she wanted to make the mortgage payment for XX/XX/XXXX and XX/XX/XXXX. On this day my client agreed to make two payment, through a Bayview Financial Check-by-Phone system which totaled {$4300.00}, and was written on check number XXXX. During this telephone conversation my client provided her bank routing number and checking account number from her XXXX checking account which ended in XXXX. On XX/XX/XXXX, my client again called Bayview financial to make a payment for XX/XX/XXXX. Although my client asked for the Bayview representative specific question regarding her loan, the representative would not release information to my client. On this day my client again completed a check-by-phone for the XX/XX/XXXX mortgage payment in the amount of {$2100.00}. My client used the same bank information that was previously used. Again on XX/XX/XXXX, my client called to make a mortgage payment in the amount of {$2100.00}, which was for the XX/XX/XXXX mortgage payment. During this conversation the Bayview representative did not inform my client that a check had been returned or not honored by her bank. My client specifically asked if there was a problem with the check by phone, and was advised during this conversation that there was not issue with the previous payments. My client utilized the same XXXX bank account, and the payment was withdrawn XX/XX/XXXX. On XX/XX/XXXX, my client and I spoke with Bayview financial and were advised that the mortgage payment completed on XX/XX/XXXX, and XX/XX/XXXX, had been returned as " unable to locate ''. During this conversation we requested that a research be completed regarding the check-by-phone, and the representative declined to open an investigation into this issue. Enclosed please find a copy of my clients complete bank statement for XX/XX/XXXX through XX/XX/XXXX. These statements confirm that my client had the funds available to make each mortgage payment at the time she provided the bank information. We request that Bayview review the call recorded for each transaction and validate that my client provided the corrected information for each payment, and that the Bayview representative failed to accurately input the bank information for each transaction. Also, if in the investigation, it is confirmed that Bayview committed an error when taking the bank information, I request that all late charges and negative credit reporting be removed from my client loan. Once this review is completed my client would like to make all of the payments on her loan to bring her loan current.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-30

NY

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-30

Scottsdale, AZ

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: We had a hardship situation between XX/XX/XXXX and XX/XX/XXXX that caused us to file bankruptcy and we could n't make our mortgage payments. I will attach a " Hardship Letter '', explaining details. We have been working with Bayview Loan Servicing to get our mortgage modified or restructured to include the payments we missed. We provided them with hundreds of pages of documents. They say they send them to their underwriting department and then we get a notice saying we did n't provide everything they needed and therefore they ca n't modify our loan. Then we contact them and say we did provide everything they needed and the whole process starts over again. This has been going on for over a year. Recently, they started foreclosure proceedings and we have a Trustee Sale Date of XX/XX/XXXX. Since then I have contacted everyone I possible could to save our home and get Bayview to follow through. I have sent information to the White House, both of my Congressmen, Senators and XXXX Ethics Department ( they are the original mortgage holder ). I have sent everything Bayview has asked for. The most recent communication from them indicates they will have a resolution by XX/XX/XXXX, but they have given us a date like this, over and over and nothing happens. I ca n't sit back an wait for them to take my home. I need help to get them to take action. If they will just include the payments we 've missed in our mortgage, we can make our payments and be fine.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-29

Grangeville, LA

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: On XX/XX/XXXX I sold my house which was under mortgage by Bayview Loan Servicing. The payoff request/statement received from Bayview on the day of closing did not include the last payment that was made on my mortgage ( {$880.00} ). The title company responsible for the closing called Bayview and was told that the last payment had not been included in the payoff statement due to insufficient time between payment being made and payoff request being requested. I was informed that the overpayment would be returned within 21 days. It is now more than two months since the closing and I have not received any funds back from Bayview. When logging on to my Bayview account online it states that the last payment received was XX/XX/XXXX. This is the date when the second to last payment was posted. So it seems like my last payment which cleared on XX/XX/XXXX, is missing from their system. In XX/XX/XXXX I had a similar experience with the same mortgage company. All payments were made on time but still Bayview claimed that one payment was missing. I provided documentation of all checks to them clearing the bank, but Bayview refused any wrongdoing. After I filed a complaint with the Consumer Financial Protection Agency they finally admitted that the mistake was on their part and that they accidentally had posted one of my payments incorrectly. The funds was finally returned to me. It seems to me a similar situation has occurred again. I have documentation that the last check on my mortgage cleared on XX/XX/XXXX, but Bayview claims the last payment received was XX/XX/XXXX. Due to my house being under a bond for deed contract the mortgage payments have not been made by myself directly, but though a company called XXXX. XXXX have provided me documentation of the last checks to clear the bank. This will be attached to this complaint. I am surprised and appalled that a mortgage service company can do this kind of mistake multiple times and wonder if it is due to incompetence or if the company is trying to defraud their own customers for personal gain.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-29

CA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: To Whom It May Concern, for years I have been trying to modify my loan. After much frustration I consulted with an attorney to inquire whether the people I am dealing with even have authority to negotiate my loan. One of the main problems has been that I have not been able to obtain the correct information as to who actually has the rights on my loan. The servicing of my loan has been switched around a couple of times which has caused much me a lot of frustration. I am at the point where I do not believe the information that is being provided to me by my servicers. My present servicer is Bayview Loan Servicing. I believe they are attempting to collect on a debt that they do not have the authority to collect on and they have falsely represented the character, amount, and legal status of the debt. I am filing this complaint against Bayview Loan Servicing because I believe their continuous efforts to collect a debt that I dispute is against the Fair Debt Collection Practices Act, herein referred to as FDCPA. Not only are they continually falsely representing the debt, the are continually threatening to take action against my property that is not legal for them to take. I presently have a foreclosure action scheduled on XX/XX/XXXX. Bayview Loan Servicing is a debt collector attempting to collect on a debt that is statutorily barred. Pursuant to Commercial Code section 3118, the statute of limitations for a note payable at a definite time shall commence within six years after the due date or due dates stated in the note, or if a due date is accelerated, within six years after the accelerated due date. The payments were accelerated in XX/XX/XXXX Six years from XX/XX/XXXX is XX/XX/XXXX. The time for any debt collector to collect on this debt has passed. Under the FDCPA a debt collect may not use unfair or unconscionable means to collect or attempt to collect a debt. More specifically they may not take or threaten to possess or disable property when the creditor has no enforceable right to the property or does not intend to do so, or if, under law, the property may not be taken, repossessed, or disabled. Attached with the Complaint please find Notice of Trustee 's Sale from XXXX that evidences the date of acceleration. I have consulted with an attorney and I now realize and understand that only a creditor can foreclose. As defined by the FDCPA, Bayview Loan Servicing is a debt collector and not a creditor. The entity they claim is the beneficiary of the debt obligation is a debt collector as well as defined by the FDCPA. The entity recorded an interest on my property after the debt was already in default. The real creditor in my matter was the originating lender and they never had the authority to transact business in the State of California. I am fully aware that a debt collector must prove that I owe the debt and Bayview Loan Servicing has failed to do that. They can not supply me with copies of documents that are not admissible evidence and believe I am to take the information they give me without adequate support. Bayview Loan Servicer has failed to demonstrate the money trail to this alleged beneficiary. Furthermore, as a debt collector, Bayview Loan Servicing has failed to prove their relationship to the lender. My Deed of Trust says that it is the lender who has the power to do whatever it is he has the power to do within the four corners of the contract. There is no documentation that evidences that Bayview Loan Servicing is now acting on behalf of the lender. I am filing this complain with the CFPB because Bayview Loan Servicing is blatantly disregarding the law. If I do nothing they will wrongfully and fraudulently take my property and continue to disregard the law. Sincerely, XXXX
Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-29

Harsens Is, MI

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: Something is wrong with the electronic payment system at XXXX. I have tried to make my XX/XX/2017 payment twice and the payments still have not been taken out of my checking account. I have tried calling multiple times, but I never talk to a live person. There is a phone number on their website, I have called over and over again, but no person can be reached. Why wo n't they pull the finds out of my account? Will my payment be reported as late? Will I have late fees, will this appear as a late payment on my credit report? I have lots of questions but no one to answer them. I made a payment of {$520.00} on the company website on XX/XX/2017. Then I made a second payment of {$520.00} on XX/XX/2017 also on the company website. Today is XX/XX/XXXX and the money is still sitting in my checking account.
Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-29

Newport Beach, CA

Loan modification,collection,foreclosure

Mortgage: FHA mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-28

Costa Mesa, CA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-28

Phila, PA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2017-03-28

Phila, PA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response