BAYVIEW LOAN SERVICING, LLC

2016-11-01

MI

Application, originator, mortgage broker

Mortgage: Other mortgage

Complaint: This is reference case # XXXX. I did n't know how to amend the complaint with additional information. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX assigned their Mortgage to Bay View Loan Servicing, LLc, and it was recorded. Bay View Loan Servicing LLC. assigned the Mortgage to XXXX XXXX XXXX XXXX. The assignment was not recorded with the register of deeds. XXXX XXXX closed our acct. as their lien was extinguished. However when a title search is conducted, Bay View shows up as a lien holder on the property. We can not get a loan or sell the property with this showing up on the title search. Please, how do we rectify this? The Lien is Extinguished.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-31

NJ

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-30

Albuquerque, NM

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-28

Glendale, CA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-27

Foothill Ranch, CA

Loan modification,collection,foreclosure

Mortgage: Reverse mortgage

Complaint: I submitted Loan Workout to Bayview Loan Servicing , LLC and have not gotten a response or " Denial ''. Under HOBR i should at least receive a response or Denial which i am allowed one appeal.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-10-27

San Diego, CA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-26

Scottsdale, AZ

Loan servicing, payments, escrow account

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Bayview Loan Servicing has failed to notify me who my new Asset Manager is. Bayview Loan Servicing has changed our Asset Manager four times. Upon speaking with the third Asset Manager, XXXX XXXX, stated her email address for us to contact her is XXXXXXXXXXXX. Please see Exhibit F attached, of the Lost Payments, Discrimination, Retaliation and harassment email due to fake mortgage note, dated XXXX XXXX, 2016, that could not be delivered to the Asset Manager Bayview Loan Servicing states is assigned to our Loan
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-26

Scottsdale, AZ

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: DENIAL OF HAMP MODFICATION BECAUSE OF FAKE MORTGAGE NOTE The purpose of this complaint is to request an explanation of the reason we were denied a HAMP Modification. The Master Servicer XXXX XXXX XXXX and Co-Servicer Bayview Loan Servicing have denied a Hamp Modification due to the fake note and fake mortgage documents the Master Servicer XXXX XXXX XXXX filed with the XXXX XXXX Recorders Office. On XXXX XXXX, 2016, I received Hamp Modification denial notice dated XXXX XXXX, 2016. On XXXX XXXX, 2016 notified XXXX XXXX in a Qualified Written Request and stated I had concerns regarding why we were denied for a HAMP MODFICATION and to please send Hamp Modification Program Guidelines, laws, rules and regulations why we did n't qualify. The denial contradicts paperwork received from the Master Servicer, XXXX XXXX XXXX. XXXX XXXX stated she would get us more information explaining the denial and why ; however, XXXX XXXX never did. XXXX XXXX asked me not to contact the Bayview Loan Servicing Hamp Escalations or the Consumer Financial Protection Bureau regarding this matter and to give her some time to respond. Although I asked for the denial of the Hamp Modification information on multiple occasions, Bayview Loan Servicing and XXXX XXXX failed to provide an answer to the QWR and respond to me. Therefore, I am now requesting the reason for denial of Hamp Modification again and as before requesting not just the reasons given on XXXX XXXX, 2016, because those reason contradicts paperwork received from the Master Servicer, XXXX XXXX XXXX. ( SEE EXHIBIT A ) On XXXX XXXX, 2016, we received paperwork we were denied for a Hamp Modification reason stated : " Minimum required reduction : We are unable to offer you a HAMP modification because in performing our underwriting of a potential modification we could not reduce your principal and interest payment by at least XXXX per cent. ''
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-26

Scottsdale, AZ

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Bayview Loan Servicing has n't contacted me or sent me any package after we made three trial modification payments. On XXXX XXXX, 2016, we received a Balloon Amortization Trial Document from Bayview Loan Servicing. ( See Exhibit A ) On XXXX XXXX, 2016, The Balloon Amortization Trial Document with balloon addendum sent directed us to make three trial payments starting XXXX XXXX, 2016. On XXXX XXXX, 2016, we paid XXXX XXXX, 2016 payment ( See Exhibit B ) On XXXX XXXX, 2016, we paid XXXX XXXX, 2016, Payment ( See Exhibit C ) On XXXX XXXX, 2016, we paid XXXX XXXX, 2016, Payment ( See Exhibit D ) On XXXX XXXX, 2016, Asset Manager, XXXX XXXX stated if we had n't received any permanent modification documents by XXXX 2016 to contact Bayveiw Loan Servicing. We will continue to make our trial modification payments starting with our fourth payment until we receive a modification package from Bayview Loan Servicing.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-26

Philadelphia, PA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: My name is XXXX. I am filling a complaint about Bayview Loan Services Mortgage Company, XXXX FL. I am a home owner in XXXX, PA. Bayview bought out a loan from XXXX XXXX XXXX , in which I was in compliance with them about a modification that was offered to me. I started questioning this company about how they wanted me to submit my payments. I discussed with them linking up my checking account to take out payments each month which they agreed to but it NEVER happened. I had a contact person in which they kept giving me the run around. And now they are stating that I am two month behind. I did all the paperwork and have all my receipts. I have called numerous times and do n't want to fall anymore behind with payments due to late fees. I also have a gut feeling this company may be a fraud.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-26

Bremen, GA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: To Who It May Concern, I have been getting the runaround from BayView for almost a year now about my mortgage. I 've sent in the requested documentation 3 times for my modification and have gotten absolutely nowhere. I have filed other complaints with the Comptroller of Currency and the Consumer Financial Protection Bureau, but BayView has carelessly handled my file and have even misrepresented facts. I started my Request for Mortgage Assistance in XXXX XXXX and corrected the my mailing address in XXXX XXXX. For some unknown reason, Bayview has continuously sent requests for additional information and other pertinent documents to the previous address. In XXXX and XXXX XXXX, I provided Bayview with the correct mailing address once again. Unfortunately, in spite of that, they sent requests for additional information and other pertinent documents to the previous address. This was demonstrated in the complaint response that was submitted by Bayview on XXXX XXXX, XXXX. ( See Case number : XXXX ) The representative that was assigned to my file claimed that Bayview did n't send me any documentation because of a cease and desist that was placed on file ( attached ). The interesting part about that is the fact that the cease and desist specifically requested for Bayview to ONLY communicate with me in writing via mail or e-mail. What 's even more interesting is the fact that according to the aforementioned complaint response, Bayview sent correspondence via mail AFTER the cease and desist was sent, but it was mostly to the wrong address. ( See Case number : XXXX ) Although I had already provided Bayview with the requested documents twice before and had n't heard anything in response concerning an approval or denial, I received a foreclosure notification in the mail on XXXX XXXX, XXXX. My home had a foreclosure sale date of XXXX XXXX, XXXX. I provided Bayview for the documents that they had requested for the 3rd time on XXXX XXXX, XXXX. Prior to that, I provided Bayview with the documents that they had requested in XXXX XXXX and XXXX XXXX. I have documented proof of all of the files that I have sent to BayView, yet each time, they claim that they have not received the files that they requested from me. Today, XXXX XXXX, XXXX, I received yet another notification requesting even more documentation where the vast majority of had already been provided in XXXX XXXX and XXXX XXXX. Although Bayview received a complete file on XXXX XXXX, XXXX and confirmed receipt of that file on XXXX XXXX, XXXX, they absolutely refused to stop the foreclosure that was scheduled on XXXX XXXX, XXXX. This is infuriating because I have received documentation from Bayview and have had multiple representatives tell me that they can not post-pone or stop the foreclosure until they receive a complete file. I 've called Bayview and XXXX XXXX on a daily basis trying to obtain status of my modification and foreclosure and have witnesses to prove it. I 've left messages to and scheduled appointments to no avail because either the representative that was assigned to me would not return my call OR would " no show '' me for my appointment. The only way I have been able to really learn things about my loan modification is through other loan modification representatives who work for Bayview. I have reason to believe that Bayview and/or the representative that is assigned to my account is deliberately stalling and mishandling documentation that has been sent to them in effort to thwart the loan modification that I am dire need of. Here I am 6 days away from foreclosure and they are claiming that they can not proceed with the modification because I have not provided them with the requested documentation which is an absolute lie. Everything is there and has been there since XX/XX/XXXX/XX/XX/XXXX/XX/XX/XXXX!!!
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-26

Blackbird, DE

Loan servicing, payments, escrow account

Mortgage: FHA mortgage

Complaint: My previous complaint was supposedly resolved and yet my transunion account was NEVER updated to show no late payments. This is a constant thing with this company. They asked me to wait 30 days and its been well over that. My payments were never late as agreed in all XXXX complaints. I want this resolved so I can move on with my life.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-25

Lake Elsinore, CA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-24

Charles Town, WV

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-24

Yachats, OR

Disclosure verification of debt

Debt collection: Mortgage

Not given enough info to verify debt
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-24

East Vineland, NJ

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-24

Itasca, IL

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: My loan was purchased by XXXX from XXXX bank in XXXX XXXX Hired a debt collector Bayview Loan servicing Bayview hired an employee by the name of XXXX XXXX. XXXX XXXX contacted me and told me if I agreed to the payment plan and made the payments then she would waive all the late fees .I asked her if there was any unapplied principal and any other surprizes, but she told me with confidence that was all waived. I started to follow making payments. Then Bayview Loan servicing sends a person by the name of XXXX, this person did threaten me with my life. Around XXXX XXXX In XXXX, I was being charged insurance, I provided the insurance information to Bayview Loan Servicing. But They still kept charging me for insurance. As per the insurance department " The money Has fallen through the cracks. '', I am yet to receive my money back more than XXXX dollars, a clear voilation of RESPA In XXXX XXXX I made extra payments but as per the employees Bayview is not scared of the law. They own the law, and they started charging me for foreclosure .Even though my account was never in default. In XXXX XXXX, after talking several times to bayview loan servicing they said, it was their mistake, but they are not going to refund my money, as Bayview is not governed by any laws. This is a Clear indication of XXXX ( Racketeering ) Bayview ( under the Guidence of XXXX ) charged me for illegal fees like home inspection, which is not mentioned in the contract I signed with XXXX Bank the orignal mortgage company. Bayview charged me for laweyer fees to do an illegal forclosure. Bayview Charged me hazard insurance when they were provided several times proof that I had XXXX insurance. Bayview Illegally put XXXX as unapplied principal in my mortgage, when XXXX XXXX agreed, if I follow the payment plan, then that along with any fees would be waived. Bayview is another Company working under the XXXX of XXXX. Just like XXXX bank was doing mortgage back securities fraud, similar thing is happening with XXXX. XXXX is using debt collectors to do illegal activities, this was they can cook their books and make their funds look profitable. This would hurt the retirement of millions of Americans and the trust in the American Economy. Also, bayview is not listed on my Mortgage note, they are a servicing company, so they have no right to be on my credit, It should be XXXX. Bayview wanted to punish me so they provided inaccurate information to the credit agencies. I made a payment in XXXX andXXXX XXXX, but they reported it late, so that gives me more reason that Bayview llc is doing all Fraud. On talking to the employes, the employes do admit that they are doing fraud, by saying things like the money has fallen through the cracks etc. The attorney general will have a field day to see the complicated fraud that Bayview Loan servicing is playing. I have several documents that can be used to proved that Bayview performed XXXX, Respa fraud ( By illegally charging me for hazard insurance, when they knew I had XXXX ), Charging me for lawyer fees and inspection fees when I was not in default. AS per bayview employees they only charge for inspection when a mortgage holder was late on the payment s, but when I confronted the employee, he agreed that bayview did an illegal action, i was never late on my payments
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-23

Billerica, MA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: In a process marked by years of unhelpful answers, incorrect, evasive and/or no information provided in response to over forty QWR 's, Requests for Information and Notices of Error to Bayview Loan Services ( BLS ), along with three CFPB complaints, borrower manipulation ( referred to as " customer service '' by bank servicers ) continues in light of the CFPB protections put in place. The latest involves a statement in an email ( attached ) received last week from BLS by my housing counselor in response to my application for a short sale on a home my servicer is ( wrongly ) moving to foreclose XX/XX/XXXX. In addition to the taxing make-work that my servicers have regularly required stating they ca n't find, read, etc. whatever might have been submitted, BLS has often played fast and loose with the truth. In the referenced email however, the first of three reasons stated by BLS as a reason for not being able to move forward with the short sale at this time, goes further. It contains a statement that is simply factually untrue. The statement reads as follows : " Pending access by the borrower and receipt of a full interior appraisal // THIS APPOINTMENT WAS CANCELLED BY XXXX XXXX PLEASE PROVIDE NEW CONTACT '' 1. No appointment was ever been made and therefore could not have been cancelled. 2. The false claim ( 1 ) By calling out the name of my authorized housing counselor when it was not, is both reckless and damaging to XXXX XXXX, potentially compromising both his reputation and position, and ; ( 2 ) now in the file record will be extremely damaging to me in the course of any foreclosure action should it occur, as well as that of any potential litigation I might purse should a wrong foreclosure go forward. I 've been fighting a wrongful default since XX/XX/XXXX - first with XXXX XXXX XXXX then subsequently with BLS - throughout which time I 've had to endure unending abuses, humiliations, evasions and as in this case, untruths. All remain in a file that I have consistently been denied the opportunity to review and one that will inevitably be used as a " factual '' record to support not only the latter 's continued bad behavior, but the real potential it will be wrongly rewarded with my home. See Case numbers : XXXX and XXXX. There is one additional complaint I submitted XX/XX/XXXX for which I 'll have to research the case number. Inclusive in this complaint is my request the false statement be removed completely from the account record with confirmation it 's been done in writing. Additionally, the last part of the statement referenced makes no sense and need immediate clarification. It reads " PLEASE PROVIDE NEW CONTACT. '' Specifically, what " New Contact '' is BLS requesting, contact for what and why?
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-23

Wilm, NC

Settlement process and costs

Mortgage: Conventional fixed mortgage

Complaint: We applied for a modification of my mortgage XX/XX/XXXX and the modification was approved XX/XX/XXXX. As of XX/XX/XXXX, we have not received any paperwork regarding the finalization of the modification from Bayview Loan Servicing. We continue to receive late notices from our primary lender ( XXXX XXXX XXXX ), as only partial payments are being reported.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-22

Thousand Oaks, CA

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-10-22

Phoenix, AZ

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: This is an ongoing situation that I have with Bayview Loan Servicing LLC.. They have not fixed or credited my account for any of their errors. They have sent me a point of contact letter from a XXXX XXXX XXXX ( document attached ) and in that letter it has options and offers available. I have responded to her in a letter ( attached ) to send me any and all available assistance asap. I have also attached a statement I received abouit a week ago from Bayview ( XXXX statement I 've ever received from them ). On this statement towards the bottom of the first page on the right the show recent account history. On that it shows no payment received for XXXX and XXXX of XXXX. Not true, I sent money orders for those months in the amount of XXXX and XXXX. On a ledger sent to me by their attorney XXXX XXXX he shows the money orders however he shows receiving them both in XXXX. So, their inconsistency in accounting is VERY AGGRAVATING, and negatively impacts me monetarily and every other way.. I am also attaching a document of mine from XXXX XXXX XXXX for my XXXX tax records. In the middle of the form it has a paragraph stating " Bayview Loan Servicing LLC has requested the original tax bill with the intentions of paying it on my behalf ... .I HAVE NEVER GIVEN BAYVIEW PERMISSION TO DO ANYTHING on my behalf ... IS this even allowed. I do not want Bayview Loan Servicing to be able to get my records without my permission ... .Also, I would like an explanation of why Bayview XXXX telling you and other agencies and myself that they have owned my loan since XXXX. I made monthly payments to XXXX Mortgage for 7 years and got a transfer letter from Bayview in XXXX XXXX ( see attached ).
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-22

Cheverly, MD

Loan servicing, payments, escrow account

Mortgage: Home equity loan or line of credit

Complaint: When my mom passed in XXXX 2016, I discovered that she had taken out a XXXX mortgage loan with CitiMortgage that was referred to Bayview Loan Servicing. As her heir and administrator of her property, I contacted them about the loan and required documentation about the loan process from the initial loan. As of today, I have n't received any documentation or cooperation from the lender. Three months ago, I have spoke with a representative about negotiating a payoff and she stated that she would initiate the process and assign a case manager to the case. I was told not to submit any payments until I hear back from them through a certified letter. After a month pasted and no certified letter received, I called the lender and expressed concern about the request. I was informed that no such request had been submitted. The rep assured me that he would submit the necessary documentation to initiate my request. After weeks had pasted and numerous attempts to reach Bayview by telephone for a response, I finally got a representative to answer my request. I was told that Bayview would not negotiate a payoff because the value of the home, if foreclosed, would cover the loan amount. Though disappointed, I asked about the passed 3 months payments and learned that late fees had been asset to the account. On XXXX/XXXX/16, I made a telephone payment in the amount of {$410.00} dollars ( confirmation # XXXX ). A week later, the amount still has n't been deducted from my account. Therefore, I called the lender no less than 10 times totaling hours of my time seeking an answer. I finally got a live representative that explained my payment was rejected for insufficient funds. I stated that there must be a misstate because my account has more than sufficient funds to cover the charges. The rep stated that I can resubmit the payment through XXXX XXXX, which I stated was unacceptable because my checking account has over {$8000.00} dollars in it and that the representative had to have keyed in the wrong information. The representative hung-up the telephone. He was the second representative to do that such action when I requested to speak with a manager. I called back and was told that I 'm not authorized to receive information on the account. I am absolutely dumfounded by Bayview 's representatives actions. This is unprofessional and down right deplorable. All I want to do is make a payment and this is being rejected. XXXX 's statement depicts the attempted payment of {$410.00} dollars suspended. Can I please get some assistance in this matter. Thank you,
Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-21

Charles Town, WV

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-20

Spring Hill, FL

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-10-20

Redding, CA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response