BAYVIEW LOAN SERVICING, LLC

2016-11-18

Nashua, NH

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Company believes it acted appropriately as authorized by contract or law Closed with explanation

Disputed: No Timely Response

2016-11-18

Bella Vista, PA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-16

Magnolia, TX

Loan modification,collection,foreclosure

Mortgage: FHA mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-16

Anaheim, CA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: I have been working with Bayview in regards to a loan modification to avoid foreclosure. Since the initial start I have been provided the constant run around and being told documents are not being sent in when in fact I have proof they have been sent in. I am unsure why they are playing these head games with me and making me more XXXX and hoping that I give up so they can sell my house. Bayview should have ALL documents they are asking for and there should be no reason to keep asking me for the same documents over and over again.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-16

MO

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: XX/XX/2016 Letter says my last draft did n't clear. My credit union shows it cleared on XX/XX/2016. After years of hassle-free service from XXXX, I 'm constantly complaining about Bayview. Apparently, my only chance for peace of mind would be to refinance but I might get stuck with them again.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-15

Sacramento, CA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-11-15

Cortlandt Manor, NY

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Complaint: I have made two previous complains regarding Bayview Loan Servicing attempting to charge me for a major mistake they made in paying a cooperative which attempted a non judicial foreclosure against me. They were given notice in XXXX 2016 by the cooperative ( notice of default ) Bayview said, and did nothing They were given immediately responses from me denying that I owed the cooperative the money they sought. Bayview said, and did nothing They were then given two different notices of termination letters from the cooperative for each unit. Bayview said, and did nothing In XXXX Bayview received two notices of public foreclosure Bayview for the first time contacted me via XXXX XXXX XXXX ( XXXX ), who basically asks me : a ) if I was aware of the actions being taken by the cooperative, and b ) what I was doing about same. I informed him then that I was aware of same, and that I was filing legal papers to combat their claim, and further that I did not owe them anything of what they were stating. When I asked him what the bank was doing he informed me " the bank does not get involved with these type of issues '' and that I needed to deal with it. On XXXX XXXX I obtained a XXXX from supreme court staying the foreclosure. On XXXX XXXX the bank paid the cooperative an amount of money never requested of me. The bank at no time told me they changed their mind, or even informed me that they paid after the fact. It was not till XXXX XXXX that I found out the bank had paid an innocuous amount of money that had never been requested of me by notice or verbally. The bank has refused to provide me with certain information and has stated it provided information but failed to submit it. Proof is in Case number : XXXX and XXXX. They have tacitly admitted that there was a breakdown in communications between XXXX XXXX XXXX ( XXXX XXXX XXXX ), and XXXX XXXX ( attorney ) in XXXX 2016 however it does not make sense that they would wait till XXXX when they were on notice in XXXX of the claim by the cooperative and my response which disputed the matter. They continuously state that all negotiations must be done between the Bank but stated clearly by XXXX XXXX XXXX ... '' they do n't get involved with these issues '' It makes no sense. I have attached a copy of the assignment of collateral document. It seems to make no sense and looks like someone just made it up. It does not comport to any of the XXXX which clearly depict XXXX, XXXX, XXXX, XXXX XXXX XXXX as previous secured parties to Bayview and nowhere is XXXX referenced. Their information does not match, they fail to provide information requested twice previously which the documents seem to indicate they will provide but no reference to them is made nor attached ( e.g. leases for both apartments, stock share for XXXX, and XXXX is not clearly readable, recognition agreements for both units, full proof of succession for both units, etc.. ) The bank made a mistake and now wants me to pay for it.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-10

Oxford, GA

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: I have contacted Bayview Loan Servicing XXXX on several occassions to request that their records be updated to reflect my current loan status. The company has recently refused to speak with me or provide account information. The company has also failed to remove erroneous data from my credit reports. A copy of my recent correspondence to Bayview with more details is attached.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-11-08

GA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: I am a victim of the " Hardest Hit '' in employment & mortgage during this economic downturn. My mortgage was originally with XXXX XXXX, refinanced through XXXX XXXX for a fixed interest rate, after XXXX failed, XXXX XXXX took over, and from XXXX XXXX until XXXX XXXX, it has been a constant battle to keep my home. I do not believe XXXX XXXX ever had the legal right to collect funds and harass me with foreclosure. In XXXX XXXX, XXXX XXXX trans- ferred my mortgage to Bayview Loan Servicing LLC . Florida. Bayview was to continue where XXXX XXXX left off and that was a newly approved Short Sale application. Well Bayview did not honor this plan and has cancelled the Short Sale process, did not offer an alternative plan to help me stay in my home, until I asked would they consider a modification, with the principle reduction offered by XXXX XXXX and sent them the information from XXXX XXXX website. Bayview sent me the documents to apply for a modification, but during the process I was asked for documents that was included in the package, that I mailed certified and while getting the information, I received a notice from XXXX stating they were handling a foreclosure on behalf of Bayview. So now, Bayview is saying they will not stop the fore- closure unless there is either an offer for a Short Sale, or an approved modification, and they are not honoring either one! There is a sale date of XXXX XXXX, XXXX! I thought it was a Federal rule that during appli- cation for an alternative work-out plan a foreclosure could not be pro- cessed. I filed a complaint with XXXX XXXX, but their agent is in agree- ment with Bayview , saying they should have an answer for me about the modification, but weeks have gone by and the foreclosure sale date is in thirty days. If you can help me with this matter, I appreciate it.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-11-08

Scranton, PA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-07

Cols, GA

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-07

Scottsdale, AZ

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: In the course of Bayview Loan Servicing activities, Bayview Loan Servicing has engaged in the following acts and practices : XXXX ) Failure to timely and accurately apply trial modification payments made by borrowers XXXX ) Failure to maintain accurate account statements XXXX ) Failure to timely and accurately update automated system with timely, accurate information and accurately applied payments and accurate account payment dates, accurate account On XX/XX/XXXX, we made our forth trial modification payment for the month of XX/XX/2016. Although Bayview Loan Servicing had been notified regarding their automated system in a previous complaint, Bayview Loan Servicing 's automated system has continued to provide the wrong information on our account for XXXX months. Bayview Loan Servicing 's automated system states " Your next agreed upon payment for {$1900.00} is past due as of XX/XX/2016 ''. ( Please listen to exhibit D ). Bayview Loan Servicer is the servicer of our loan and is responsible for the servicing activities on our loan, which generally include collecting payments from mortgagors ; applying payments made in an agreed-upon order and in a correct order free of errors to the mortgagor 's indebtedness. Bayview Loan 's Servicing LLC 's failure to timely and accurately apply payments made by borrowers and failure to maintain accurate account statements and failure to maintain accurate automated system information has resulted in unlawful conduct that has caused injuries to the borrowers. The harm sustained by borrowers includes payment of improper fees and charges as well as psychological and emotional stress. Bayview Loan Servicing LLC 's failure to timely and accurately apply payments made by borrowers combined with failure to maintain accurate account statements and failure to maintain accurate account statements/recordings for the mortgagor through the automated system constitutes unfair or deceptive practices in violation of the consumer protections laws of the State of XXXX. ( See Exhibit A, Exhibit B, Exhibit C, Exhibit D, )
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-07

TX

Loan servicing, payments, escrow account

Mortgage: Home equity loan or line of credit

Complaint: Bayview Loan place a force insurance on my home loan while I had contuineous coverage. I provide Bayview proof of insurance and they refuse to refund.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-07

Scottsdale, AZ

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: In the course of Bayview Loan Servicing 's, servicing activities, Bayview Loan Servicing has engaged in the following illegal acts and practices : XXXX ) Preparing, executing, notarizing, and 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 ) ; and XXXX ) Preparing, executing, notarizing, and filing affidavits in foreclosure proceedings, whose affiants lacked personal knowledge of the assertions in the affidavits and did not review 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. '' On XXXX XXXX, XXXX, we requested our mortgage note from Bayview Loan Servicing. Approximately three weeks Bayveiw Loan Servicing LLC posted our note to our log in page on the corporation website. ( SEE EXHIBIT A ) On XXXX XXXX, I received the " CORPORATION ASSIGNMENT OF DEED OF TRUST '' stating Certificateholders of XXXX, XXXX XXXX Mortgage Pass Through Trust XXXX XXXX. For the past few years I have educated myself regarding SECURITIZATION. ( SEE EXHIBIT B ) Mortgage-backed trusts contain very specific provisions regarding conveyances of mortgages, notes and Assignments and most often even include the form that each document custodian must sign attesting to the delivery and acceptance of such documents. Trust must comply with these rules regarding acquiring the mortgages therein by the closing date of the Trust or risk losing their tax-exempt status under the IRS REMiC Rules. Mortgage-backed trusts are not allowed under their own rules to acquire non-performing loans after the closing date of the trust and add such loans to the tust. These rules are in place to protect the investors in the trust. The failure of certain mortgage-backed Securitized trusts to produce Assignments has been noted by several Courts, in fact in Case C & gt ; A. No. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AS SUCCESSOR-IN-INTEREST TO XXXX XXXX XXXX, XXXX OF XXXX MORTGAGE SECURITIES XXXX ; XXXX XXXX HOME LOANS SERVICING LP ; BAYVIEW LOAN SERVICING , LLC ; in EXHIBIT A ( SEE COVER COURT DOCUMENT AND EXHIBIT A LABELED " LIST OF TRUSTS THAT USED FRAUDULENT MORTGAGE DOCUMENTS '' ( SEE EXHIBIT C ) Therefore, it is clear that Bayview Loan Servicing in not providing me the securization document knew the mortgage note is fraudulent. It is also clear that XXXX XXXX XXXX who actually created the fraudulent document and is also listed as a Defendant in this case knew the document is fake. It is also clear that the Securities and Exhange Commission, XXXX DC, knows my mortgage note is fraudulent. The closing date for this trust was XXXX XXXX, XXXX and this note was put into the trust five years after the closing date. ( SEE EXHIBIT D ) My original lender was XXXX XXXX Mortgage, a subsidiary of the bankrupt XXXX XXXX Mortgage companies, which are still in Bankruptcy. There was no evidence of any permission from the Bankruptcy Court to allow the mortgage to be divested from the Bankruptcy estate ; no evidence that MERS could assign the loan for the bankrupt lender 3 years after the bankruptcy was filed ; no evidence that MERS could assign, in XXXX, the loan to a trust which closed in XXXX ; and no evidence of any compliance with the XXXX by the trust. ( SEE EXHIBIT XXXX ) Bayview has discriminated against us due to our XXXX and the fake note. Bayview has harassed us due to the fake note.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-07

Cols, GA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-06

Shulerville, SC

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: It is our belief that Bayview Loan Serving, LLC has been violating The Federal RESPA Act multiple times regarding our account. A ) Refusing to provide mortgage Statements even after Chapter XXXX discharge five months ago. B ) Failure to respond to written requests for statements and information. C ) Sent one delinquent letter in error and apologizing once over the phone and not sending a letter of apology. D ) Refusing now, not to speak with us via telephone ; telling us they will only communicate with an attorney. All payments were made at the end of each month for payments due on the XXXX and all were sent certified and signed prior to due date. Our most recent payment for XXXX XXXX was sent and received but they have not been deposited in our account.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-04

Arlington, NJ

Loan modification,collection,foreclosure

Mortgage: FHA mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-03

Ft Trumbull, CT

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-11-03

Campton Hills, IL

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-03

Jamaica, NY

Other

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-03

Havana, FL

Loan servicing, payments, escrow account

Mortgage: Home equity loan or line of credit

Complaint: My loan was bought by Bay View Loan services in XXXX. I had missed the XXXX Payment. I made the XXXX Payment Then was contacted by the office asking me to enter into a repayment plan to make up for the payment I had missed. My payment went from XXXX to XXXX for 6 months. I had made all payments until I went to make the XXXX Payment then I was informed that the gentleman that had been over my account had left or had been let go and that my repayment plan had been cancelled. Then now they are telling me that I am 4 months behind on my payments. I have all of my payment receipts and I have called them to talk about my payment history they then tell me all they can do is request a payment history then I can call them back. As I am hanging up the phone I receive a certified letter stating I have 7 days to come up with XXXX or they will be starting default procedings
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-02

Woodland, WA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: I submitted a full package for mortgage assistance back on XXXX XXXX, 2016. Since then I have not received any correspondence or calls from any point of contact or representative on behalf of Bayview. When I do call in I am transferred to a single point of contact but yet they never answer nor return calls so I am left calling back only to deal with the same issue. Bayview should have all documents for assistance and should be reviewing my file accordingly as there is an upcoming foreclosure sale in 2 days! I feel I am being treated unfairly and properly given the urgent situation of my foreclosure.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-02

Leeton, UT

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: Him XX/XX/XXXX, I worked with Envision lending in XXXX XXXX XXXX, Utah and XXXX XXXX who was representing Envision lending. The mortgage broker XXXX XXXX at that time helped me get into a adjustable rate mortgage and an interest only mortgage for our home with the understanding, if we made our payments on time in approximately three years we could refinance to a fixed rate mortgage and a lower interest rate. Around XX/XX/XXXX we reconnected with XXXX XXXX who informed us we could get a 5 % fixed interest rate because of our timely payment. On or about XX/XX/XXXX, I met with XXXX XXXX and signed a fixed rate mortgage with the understanding the mortgage would then be at 5 % mortgage. I began making my mortgage payments, on the new mortgage shortly thereafter. Several months later we were notified concerning a payment reduction on the mortgage. We paid the mortgage until we were put into a position financially where we could not afford the payment. We were sued by Bayview loan servicing , LLC, the alleged creditor, XXXX XXXX company the alleged trustee and XXXX and Associates the law firm that is representing XXXX and also owning XXXX in XXXX XXXX XXXX. I have never signed a contract or agreement with Bayview Loan Servicing , LLC, nor have I paid any payment, agreed to pay any payment or are in default to Bayview loan servicing LLC. I have defended the case pro se and in the process of reviewing what I could find in my records I came across to the envelope that included the mortgage information from the second mortgage that I had not looked at as I received it months later after I took out the mortgage. Inside the envelope I found XXXX CDs which contained XXXX separate loans. XXXX of the loans was signed XX/XX/XXXX, the other loan appears to have been signed on XX/XX/XXXX. We do not recall applying for a second loan nor being told we had taken out another loan. Also the loan from XX/XX/XXXX was a 6.627 % loan with the fixed rate and the loan on XX/XX/XXXX was a 5.62 % loan with a fixed rate. On XX/XX/XXXX I received a change of creditor notification f him rom Bayview Loan Servicing LLC. Under the FDCPA 1692, section 803 " definitions '' it appears Bayview loan servicing LLC is not a creditor as defined in 1692a ( 4 ) I am a consumer as defined in 1692 a ( 3 ). Bayview Loan Servicing , LLC appears to be a 1692 a ( 6 ) debt collector, collecting a 1692a ( 5 ) debt and are not a Party in standing but third party debt collectors attempting through a judicial foreclosure, to remove our family from the home. We would appreciate assistance in this matter as Bayview Loan Servicing LLC through XXXX XXXX have continued to move forward without proving standing. We would appreciate your assistance in the resolution of this matter.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-02

Federal Way, WA

Credit decision / Underwriting

Mortgage: Other mortgage

Complaint: My loan was modified back in XXXX. However shortly after the modification and for over 2 years after it happened, they reported me late XXXX payments. I proved that I had n't missed the payments. However, they did n't correct the situation. Back in XXXX XXXX, I finally got someone that was able to help and clear the past dues and promised me to clear my credit history with the credit bureaus. My credit is still wrong after 8 months and now as of the load statement of XXXX XXXX, I now have another past due balance for {$1800.00}. I asked Bayview to send me what they sent the credit bureaus to correct my credit and also to receive a letter where they tell me when they will be giving me an answer and hopefully a correction for the fees that are showing on my statement. They sent me one saying that they will be giving me an answer by XXXX XXXX. I have not received anything else. So I called today and spoke to XXXX, who is giving me the same answer as XXXX did a month ago, " let me look into it ''. XXXX said he would call me in 2 days to give me more information, which is again what XXXX said. He also said, the fees are fees I owe for attorney and appraisal fees, and he doubt I was going to get the waived and that they were just in a different place on the account and that is why I had n't seen them. I asked him to provide proof that they disclosed these fees as of a truth of lending disclosure or anything in writing that they provided to disclosed those fees during the modification. I also mentioned, they told me that all fees were rolled into the load. basically, all fees they were reporting me owning before the modification, they put them as part of the loan and now after over 3 years they are charging them as past due. please Help, I am so XXXX out about this, and with the inability of having my credit fixed for the last 3 years, I am still unable to do anything with any other creditor.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Anderson Township, OH

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Closed with explanation

Disputed: No Timely Response