BAYVIEW LOAN SERVICING, LLC

2016-09-11

Phoenix, AZ

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: Hi, my name is XXXX XXXX. I already have submitted a complaint, however it said where I send the mortgage company Qualified Written Request Letters that if they do n't answer to send them another QWR, ( which I did XXXX XXXX, 2016 documents attached ) ... and then to submit a complaint to CFPB.. ( which I am doing now ... ) Thank you.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-09-09

Reno, NV

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: First : We paid our mortgage online and received a written confirmation same day that our payment had been received. When the funds did not come out of our bank account within a couple of days I called the company and got their automated message stating that our payment had been received. After a couple more days and the money still had not come out of our bank account I called and spoke to an agent who now informed me that the incorrect account number had been input at time of payment and the account was now overdue. They said it takes them five days to make a change in the status after confirming our payment. Really? With today 's technology they do n't have a system that can identify when an incorrect number has been input? Even my simple Quick Books does that. Second : We had damage to our house and received a payment from our insurance that required endorsement from our Loan Service Company. I first called the Loan Company to find out how I needed to handle the check. I was told to just send the check to their Loss Draft Department and they would endorse and return. So I enclosed with the check a short letter explaining the loss and also enclosed a self addressed XXXX envelope so they could expedite the process. When I checked tracking and saw that nothing had been done, I called the Loss Draft Department only to find out that I also needed to include more docs ; however, no one called me. When I explained to the agent that their representative did not inform me about including all the docs, her response was, " We tell them to say that but they do n't. '' I then got her fax number and faxed all of the docs to her same day. She stated it would take 48 hours to get it back in the mail. After 48 hours I called to check the status and was rudely told by a very terse agent that the check was just sent to the " Endorsement Department '' today and since it 's Friday it would be sometime next week before it got mailed. This company has the slowest processes and most archaic systems I 've ever encountered. They have frustrated me at every turn and have been rude on the phone. I have repeatedly asked their agents to speak up because I have a hearing impairment and only one time in my many phone calls has someone actually attempted to speak loud enough for me to hear. I 'm sure they have flagged my account and now none of them make any effort to be polite. When the economy failed in 2008 we worked very hard to not lose our home and after six months of phone calls we were able to keep our home by having our mortgage moved to Bayview Loan Servicing. However, Bayview has been nothing but a very negative experience. They are indeed a company whose goal is to be as unhelpful as possible and avoid communication in a timely manner. Not a good experience. My desired resolution is for Bayview to update their technology so that inadvertent errors when inputting the account number are identified right away and to improve their communication so I 'm not waiting 2-3 weeks to find out they need more information. They ask for my phone numbers every time I call so you would think they could place a call to me. Their response time to facilitate the simplest of requests is inordinately slow.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-09-09

Murrieta, CA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Complaint: Bayview Loan Services is engaged in Mortgage Service Abuse Bad Faith and Unfair Business Practices, and Breach of Contract. Bay view is material breach of paragraph XXXX of the Home Affordable Modification Agreement- for Loan # XXXX. -Exhibit-A XXXX and XXXX XXXX entered in to a loan modification with XXXX XXXX XXXX XXXX , XXXX. on XXXX/XXXX/XXXX with the first payment to commence on XXXX XXXX. The loan Servicer change on XXXX/XXXX/XXXX form XXXX XXXX XXXX XXXX, XXXX. Loan # XXXX to Bayview Loan Servicing Loan # XXXX. In XXXX XXXX after the third anniversary of the Loan Modification the homeowner contacted Bayview Loan Services in regards to status of the Deferred Principal Reduction Amount which had shown not change. In XXXX XXXX XXXX XXXX again contacted Bayview Loan Servicing to inquire as to the when she would receive the XXXX for the balance of the Deferred Principal Balance Forgiveness as per the final Modification anniversary date of the Modification XXXX/XXXX/XXXX. The Homeowner was told to submission a written request to Bayview research department which was done on XXXX/XXXX/XXXX. In response to the Homeowner written request Bayview Loan Servicing sent a letter dated XXXX/XXXX/XXXX Exhibit- B making no reference to the Deferred Principal Balance forgiveness as out lined in paragraph XXXX of Exhibit -A, But only {$660.00} accrual though Date XXXX/XXXX/XXXX. On XXXX/XXXX/XXXX again reached out to Bayview Loan Servicing for further clarification as to why there was no action on the part of Bayview Loan Servicing for the Deferred Principal Forgiveness and spoke to an XXXX XXXX # XXXX who agreed that there should be a credit of {$49000.00} of the deferred principal that was to be forgiven. Exhibit -A Home Affordable Modification Agreement- for Loan # XXXX XXXX XXXX pages Pages XXXX paragraph XXXX -- modification date first modified payment will be due XXXX/XXXX/XXXX. Paragraph XXXX, new maturity date will be : XXXX XXXX, XXXX Paragraph XXXX the of the new note will include all amounts and arrangers that will be past due as of the Modification Effective Date ( including unpaid and deferred interest, fees, escrow advances and other cost, but excluding late charges modified principal balance of {$610000.00} as the new Principal Balance. Paragraph XXXX {$140000.00} of the new principal balance shall be deferred and will be treated as a non- interest bearing PRINCIPAL FORGIVENESS. The Deferred Principal Balance is eligible for forgiveness ( the " Deferred Principal Reduction Amount '' ) .Provided I am not in default on my new payments such that the equivalent of three full monthly payments are due and unpaid on the last day of any month, on each of the first, second and third anniversaries of XXXX XXXX, XXXX, the Lender shall reduce the Deferred Principal Balance of my Note in installments equal to one-third of the Deferred Principal Reduction Amount. The New Principal Balance less the Deferred Principal Balance shall be referred to as the " Interest Bearing Principal Balance '' and this amount is {$460000.00}.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-09-09

Newnan, GA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: I have a mortgage loan with Bayview Loan Servicing and I have been attempting for over a month and a half to get a detailed transaction history on my mortgage account. I have faxed Bayview a formal request as well as emailed representatives with the company of my request. My request is for a detailed account of my mortgage since its origination in XXXX of 2005 when it closed with XXXX. I want to account for every dollar added to my mortgage loan since the origination date. This request would not only detail the payment history but also the added fees to my mortgage.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-09-09

Morral, OH

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: Our loan was sold to Bayview Loan Servicing , LLC from XXXX XXXX XXXX while we were undertaking a loan modification. We have made our 3 monthly trial payments ahead of schedule. We went to apply for a car loan and were shown our credit report. We discovered at this time that Bayview has reported to XXXX, XXXX, and XXXX that our mortgage is 90 days delinquent and that we also have a XXXX and XXXX mortgage ( which we have never taken out period! ) We are unable to attain a vehicle at this time because of this issue and did contact Bayview Loan Servicing , LLC, namely XXXX XXXX, after discovering this. After many attempts at making contact we finally were able to reach him the next day, in which he had stated that he had never seen a situation like ours before. He stated that in his computer, it had shown that we were, in fact, not delinquent on any payments but showed that we had multiple mortgages. He said he would contact us the following day with a resolution but has yet to make contact.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-09-08

New Britain, CT

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-09-08

Stkn, CA

Loan modification,collection,foreclosure

Mortgage: FHA mortgage

Complaint: I XXXX XXXX XXXX, need help with my home, we complied with all the requested documents sent for modification to Bayview Loan Servicing. We were told we did not qualify. We confided in a person from XXXX and we were told to take our documents we did we had n't heard from this person who told us everything was fine do n't worry we waited and waited. we decided to go to the office and we were told this person no longer worked there. Now we are facing pre-foreclosure we have XXXX children and no where to go we sent letter to Bayview please help us save our home. My wife lost her business work was slow for me. Now I am the only wage earner we are struggling we want to save our home please help us. If we knew this person was n't doing anything to help us we would have struggled our best to pay our mortgage and not fall into default. Please help us. Now we have someone helping us gather all the documents together and making copies.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-09-08

PA

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Complaint: I am XXXX years old with XXXX children. My home is also attached to the only income I receive. I have lost renters, had to do several repairs on the apartments and finally have all my unites filled with constant payments. I understand that I have had XXXX modifications before and that my mortgage company has tried to help me. I finally have faithful tenants and am asking for one more chance to make this right. I know I can pay the mortgage now and I have complete faith in my tenants to make sure my payments are made on time. I submitted a review package for assistance with proof of my hardship and they would not even forward to management to be reviewed. They simply told me no. I do not feel as a account manager and them not loaning me the money they have a right to deny me without proper review. I do now want to lose my home and my only of income as I do work. My husband use to handle all of this before passed and I am now dealing with it and can manage much better than I did before if given an opportunity. Please help me any way you can. Thank you in advance.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-09-07

Glendale Heights, IL

False statements or representation

Debt collection: Mortgage

Attempted to collect wrong amount
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-09-07

Keyport, WA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-09-06

Phoenix, AZ

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-09-02

Indianapolis, IN

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: I received a notice dated XX/XX/2016 that an escrow account had been set up and payments had been made to insurance and taxes regarding our home. We do not have an escrow with these people and are officially requesting they stop these fraudulent payments. The escrow " history '' shows payments made XX/XX/XXXX, XXXX, and XX/XX/XXXX. However, my insurance company shows a payment on XXXX/XXXX/16 and my treasurer also on XXXX/XXXX/16. I have informed both companies of this fraud and requested those funds returned. A Bayview agent, XXXX, specifically stated we do not have an escrow and than they began making payments to these places. My last complaint has done nothing to stop this company from committing fraud regarding my account and therefor have no other option but to seek legal help.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-09-01

Pinellas Park, FL

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: XX/XX/XXXX I intentionally stopped working as an appraiser in order to assist my parents in estate matters after the death of my grandfather. I moved to XXXX for five months in order to do so. As I expected, I had a shortage of cash flow and fell behind on my payments but did n't want to use IRA funds. As expected, I got a demand letter dated XX/XX/XXXX requesting {$4100.00} with a due date of XXXX/XXXX/2016. I had just made one payment for {$910.00} on XX/XX/XXXX. I called them on XX/XX/XXXX at XXXX to see if the total amount due had included my recent payment and told the CSR that I would be able to pay of {$2500.00} which is roughly 3 payments. This should be in their notes, but I doubt it. I alson called the asset manager, XXXX XXXX on XX/XX/XXXX at XXXX & left a voicemail that I would pay {$2500.00} on XXXX/XXXX/2016. I never heard back from him so I assumed this was acceptable. On XX/XX/XXXX, I sent the {$2500.00} payment via USPS. The following week I called to see if the payment was received. I was told that my property was being foreclosed and the checks were mailed back to me. The CSR told me they could not accept the payment because the foreclosure process had started on XX/XX/XXXX, even before the demand date! I explained that I had the money in a retirement account and needed to clear up the matter immediately. I was given the number of the foreclosure attorney and immediately called them to pay the total amount due & explain the situation. The female at that office said that she had no file for me yet since & it was likely that they had n't started my paperwork & had no record of me. She advised to call Bayview & try to get them to accept the full amount due so that attorney 's fees would n't be due. After MANY calls, I finally got to speak to someone, was emailed a new demand letter. Surprisingly, the demand letter included attorney 's fees of over {$800.00}. How could this be valid when I just spoke to the attorney 's office and they did n't even have a file on me? I 'd like to see the attorney 's bill, because I do n't think there is one. While speaking to Bayview 's asset manager, I questioned why they would n't call or send a letter explaining that my terms would n't be accepted? She stated a XXXX term that I 've since forgotten, that was basically legal jargon meaning that they could not call me, and she did not know why I was placed into that status. She requested me to write a letter to them to be removed from that status. I never wrote the letter, however early in the following next month I was called by a CSR regarding that month 's payment of {$1300.00}. I questioned the payment because it 's normally around {$900.00}. She stated that there were {$460.00} in late fees. I tried to explain that I had paid the {$460.00} in late fees the prior month to get my house out of foreclosure. She told me to contact my attorney. I said " what attorney '', and she replied " your bankruptcy attorney '' ... ..? I have never been in bankruptcy! They are still trying to collect the {$460.00} in late fees which were already included in the demand letter which I paid in full. The reason that I 'm writing to you is because I have completely lost trust in the ability of Bayview to handle my loan fairly and responsibly. The CSR 's are very unprofessional, very difficult to reach by phone, do n't return phone calls, carelessly make make notes to my account, did n't properly credit my account after a payment of {$6800.00}, and apply charges that are not valid. Another inconsistency was the fact that XXXX XXXX sent me a demand letter via email, stating " I am here to assist you '' and provided his direct number. When I called, his very lengthy voicemail ( in English and XXXX ) stated that he was on vacation and not returning to the office for another two weeks! I 'd like the late fees to be credited, and my account reviewed to see what else they 've messed up.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-30

Key Biscayne, FL

Loan servicing, payments, escrow account

Mortgage: Home equity loan or line of credit

Complaint: My Heloc was transferred from XXXX to Bayview Loan Servicing. I made additional principle payments of {$2900.00} to Bayview but they did not apply any of it to the balance even though it is reflected in the year to date portion of XX/XX/XXXX statement. The additional principle was made during XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. Bayview then flipped the Heloc to a company called XXXX XXXX who immediately transferred it to XXXX XXXX Bank. XXXX bank refused to look into my complaint stating that it was not their job to do Bayviews accounting. XXXX will not even respond.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-29

Cloverly, MD

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-29

FL

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Complaint: Our firm, XXXX XXXX, has been monitoring our clients ' request for mortgage assistance with Bayview Loan Servicing ( " Bayview '' ) to help facilitate the process and ensure Bayview 's compliance with Regulation X. For the past several months, Bayview has failed to act diligently and continues to send our clients inappropriate requests for documents that have been previously provided or are otherwise unnecessary for any reasonable purpose. Our clients submitted their loss mitigation application on XXXX XXXX, XXXX via facsimile. A hard copy was sent via certified mail, which was received on XXXX XXXX, XXXX according to U.S. Postal Service. Bayview sent a letter dated XXXX XXXX acknowledging receipt of supporting documents however ; it did not specify whether any additional documents were needed. Then on XXXX XXXX, we received an email from opposing counsel ( " OC '' ) in the pending state foreclosure action requesting additional documents needed for the review. The very next day, XXXX XXXX, the Borrowers submitted all of the items requested via facsimile except for XXXX ( P & L statement for entity XXXX XXXX XXXX XXXX ) because the entity referenced was not an active business and only held title to properties for the Borrowers ' kids. Bayview was notified of the foregoing with the response. Subsequently, Bayview sent correspondence that included a letter dated XXXX XXXX requesting additional documents that was allegedly sent to our office but it had the incorrect mailing address on it and was never received by the Borrowers or us. On XXXX XXXX, we received another email from OC requesting more documents from the Borrowers. XXXX of the XXXX items were previously requested in OC 's XXXX XXXX email. Specifically, another XXXX form was requested for XXXX XXXX XXXX XXXX even though XXXX was already submitted on XXXX XXXX, which we verified was correctly and completely filled out. The XXXX erroneous request was related to a P & L statement for an entity that produces no income as previously explained to Bayview. Nonetheless, the requested items were sent to Bayview on XXXX XXXX, including a signed and dated letter of explanation regarding the entity XXXX XXXX XXXX XXXX XXXX and another copy of the XXXX Form that was already submitted. We also sent Bayview a Notice of Error ( " NOE '' ) addressing its unnecessary and duplicate requests. Shortly after, we received a letter from Bayview dated XXXX XXXX unrelated to our NOE confirming they corrected the mailing address & requested the same HOA information that was sent on XXXX XXXX. Again, we sent Bayview the XXXX docs. Then on XXXX XXXX, Bayview sent a response to our NOE blatantly lying. Page XXXX of their response stated the Borrower only included tax year XXXX and XXXX on the XXXX form, however that statement was wholly inaccurate. Moreover, Bayview attached a " copy '' of the allegedly incorrect form, which was altered by Bayview to try to substantiate their erroneous request. We sent Bayview an NOE on XXXX XXXX in connection with the false allegations. Even after Bayview was sent a signed and dated LOE regarding the entity status of XXXX XXXX XXXX XXXX, we received an email requesting XXXX P & L statements that asked us to " provide {$0.00} income/ expenses profit & loss statement '' for the aforementioned. Then on XXXX XXXX, Bayview sent our office a letter stating the application was still incomplete and referred us to a previous letter that was allegedly sent XXXX XXXX. But, the letter was never received because it was sent to the incorrect address, which Bayview claimed was already corrected in their system when we notified them previously. The XXXX XXXX letter requested the P & L for XXXX XXXX XXXX and the " master condo policy ''. Even though Bayview was provided the condo insurance policy back in XXXX XXXX, we re-submitted the requested document on XXXX XXXX.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-29

Cutler Bay, FL

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-26

Portsmouth, VA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-26

Jamaica, NY

Other

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-26

Phoenix, AZ

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Complaint: I purchased my home in XXXX XXXX. In XXXX of XXXX I filed a chapter XXXX bankruptcy. The very month that I filed, my loan was either transferred from XXXX XXXX XXXX Bank to Bayview Loan Servicing LLC or Bayview bought the loan ( I dont know ) I was sent a letter that stated I just needed to start making my payments to Bayview Loan Servicing. I informed my bankruptcy lawyer that I could not pay his entire asking fee and make my mortgage payment for that month. He said that is ok, he 'll put XXXX payment in the bankruptcy paperwork. I said ok. I made my first mortgage payment to Bayview Loan Servicing LLC the next month, and continued to make my monthly mortgage payments as I had previously for seven years to XXXX XXXX XXXX. I am on XXXX and have been since XXXX. I get paid once a month and send my payments to all my bills usually between the XXXX of the month and XXXX of the month. Approximately XXXX -3 months into the bankruptcy I received a letter/statement ( not a complete statement as it did not have the loan amount owed, the principal or anything else - just that my payment went up about XXXX. It was showing payment due XXXX. I, for seven years was making my payment of XXXX to XXXX XXXX XXXX with no problems whatsover and I know that my fixed conventional loan made sure there were no changes of this sort.. I called Bayview Loan Customer Service number on that peice of paper ( bc Bayview Loan Servicing was not sending me ANYTHING in the mail, no correspondence regarding my loan, no statements, nothing. ) All i ever received from Bayview Loan Servicing was a welcome letter from them buying the loan from XXXX XXXX XXXX - see attached ). I got a customer representative on the phone and said I needed to talk to someone regarding my loan and gave her my account number that I had from M & T. I said I wanted to talk to someone regarding my mortgage payment going up. She said Oh, that is bc you missed a payment. I said I most certainly did not!! I said if you are referring to the XXXX payment that my bankruptcy lawyer put in the paperwork. After saying that she cut me off and said, Oh, your in bankruptcy. I said yes, I filed Chapter XXXX in XXXX XXXX. She put me on hold, came back after about XXXX5 minutes and said XXXX, I can not talk to you, but I will have a representative from our bankruptcy department call you back..I said when can I expect a call. She said within XXXX5 business days. We ended our call. I received a call back from a XXXX XXXX in the bankruptcy department and I asked her about my payment jumping up XXXX dollars and why bc I had a conventional fixed loan. She stated that they showed me missing a payment, but that they were going to straighten everything out and my payment was XXXX. I said thank you, but my payment at XXXX XXXX XXXX was XXXX do you know why it would even be XXXX higher. She said she would review my file and get back with me. I stated to XXXX before hanging up that I have n't received anything from her company except a welcome letter with a customer service number and that I wanted to get my statements sent to me so I can know where my money is going and where it is being applied and that way I know with issues as this what has been done and where the error might be. She said I had to handwrite a letter stating that I knew I was in bankruptcy and sign it and they would get statements out to me. I said ok and did just that. Attached letter is dated XXXX XXXX. I continued to make payments of XXXX even though I was not satisfied with XXXX conversation or outcome, bc she and no one in the company could tell me what was going on and why the payment ( s ) were jumping all over. My many questions were compounding every month with Bayview and I was constantly in a state of miscommunication from the inception of this company buying my loan from XXXX XXXX XXXX. As I stated earlier and will state again. I had
Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-25

Colts Neck, NJ

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-08-24

Chester, VA

Loan modification,collection,foreclosure

Mortgage: Conventional adjustable mortgage (ARM)

Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-23

Yonkers, NY

Loan servicing, payments, escrow account

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-23

Bedford Heights, OH

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-08-22

Cartersville, GA

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response