BAYVIEW LOAN SERVICING, LLC
Consumer Complaints
There are over 3259 complaints on file for BAYVIEW LOAN SERVICING, LLC. Dated between 2019-12-03 and 2012-04-05.
Complaints Page 9
2019-05-22
Lava Beds National Monument, CA
Struggling to pay mortgage
Mortgage: FHA mortgage
Complaint: I am a XXXX XXXX XXXX XXXX homeowner who paid my mortgage on XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX and XX/XX/XXXX through XXXX XXXX. I pay through this company because Bayview Loan servicing always says they didnt get the payment or its late. When I got a letter of foreclosure process starting in XX/XX/XXXX. I was confused. They said I was 6 months behind. I called them and they said they returned my payments. Why I asked. I really dont know XXXX with Bayview Said. So I have been talking with him since XXXX and have got further behind because he wont accept payments. I told him I recovered 2 of the payments through XXXX XXXX but have not been able to get the other 2 yet. XXXX and XXXX. I offered to give him {$2000.00} right then in XXXX. He keeps telling me he will accept the {$2000.00} and two more payments and then hes going to pull my account out of foreclosure status. Nothing has happened with many phone calls and numerous emails which he said to email him and he will call me immediately but never does. I keep calling and I get the run around every time. I am XXXX due to XXXX XXXX XXXX XXXX that are XXXX and my husband has had XXXX XXXX XXXX. I have a XXXX XXXX son that resides with us who needs serious medical help but cant even pay our mortgage on time due to medical expenses. Can you please help us.
Sincerely yours, XXXX XXXX XXXX XXXX
Company Response: Closed with explanation
2019-05-22
Mount Vernon, NY
Closing on a mortgage
Mortgage: Other type of mortgage
Company Response: Closed with explanation
2019-05-22
Holden, MA
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-22
Baltimore, MD
Struggling to pay mortgage
Mortgage: FHA mortgage
Complaint: The following is the complaint that I sent to OCC about my mortgage : " On XX/XX/XXXX, I began making trial payments to Bayview Bank. No payments have ever been attributed to any account. On XX/XX/XXXX, after 15 payments on time, Bayview Bank refused to continue taking my payments, I have no idea why? In XX/XX/XXXX, I hired an attorney to help me get answers and resolve this issue. However, nothing has change, instead of extending a mortgage modification, Bayview Bank has continuously added late fees, penalties, attorney cost monthly which is now approx. {$51000.00}. I need know why they stopped taking my payments? And, why they refused to give me a mortgage modification? I need your help and please assist me in any way possible. Thank you. ''
Company Response: Closed with explanation
2019-05-20
Riverside, ND
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-16
AZ
Incorrect information on your report
Credit reporting, credit repair services, or other personal consumer reports: Credit reporting
Account information incorrect
Complaint: Bayview is using an unlawful loan modification to attempt to collect on a debt that exceeds their statutory rights.
They continue to conspire with Ms XXXX to cause harm.
Company Response: Closed with explanation
2019-05-15
Kissimmee, FL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-14
SC
Trouble during payment process
Mortgage: FHA mortgage
Complaint: I was in the process of having my mortgage re-negotiated with XXXX XXXX when my home was lost in a fire. I owed at the time {$130000.00}, I received an insurance check for {$190000.00}. I had plans to rebuild. I learned that XXXX turned the mortgage over to Bayview Mortgage and the {$190000.00} disappeared and this has left me with out a home. I have made many attempts to find out where the money went because there was a second mortgage on the house and it was not paid, I'm paying it right now. The check was made out to XXXX, myself, XXXX XXXX., and I can't get an accounting of where the money went and why my home was not rebuilt.
I did pay an attorney {$3000.00} to look into the matter but he has ripped me off also. He will not answer his phone. It was XXXX XXXX XXXX in XXXX, NJ. I'v tried reaching him many times. I just want someone to tell me where the money went. I'm retired after 34 years of XXXX XXXX. and my husband served over 20 years in the XXXX. I just want some answers.
Company Response: Closed with explanation
2019-05-13
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-11
Greenwood, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: Please make this a rush as I have a sale scheduled for my property on XX/XX/XXXX and Im under a loan modification review. I have sent Bayview Loan Servicing all required documentation for a review and they notified me they have everything and the loan modification is in review. Im still waiting for them to remove the sale or postpone it due to having a complete loan modification packet and it being in review in this time. If they do not they will absolutely be in violation of the California Homeowners will of Rights Act My name is XXXX XXXX. I have some very bad issues going on right now with my servicer BAYVIEW LOAN SERVICING and about my previous banks. I'm having a very hard time dealing and working with my servicer BAYVIEW LOAN SERVICING. I have mailed and faxed over all documents for a loan modification but they are still proceeding with the foreclosure sale scheduled for XX/XX/XXXX If they proceed with the sale they will be in violation of the CALIFORNIA HOMEOWNERS BILL OF RIGHTS ACT and other laws as well.
As part of this bailout, on XX/XX/XXXX, the United States Government took over XXXX XXXX and pumped billions, which in XX/XX/XXXX, then Treasury Secretary XXXX XXXX said as much as {$200.00} billion would be pumped into XXXX XXXX and XXXX XXXX, each, which was separate from the {$700.00} in TARP funds given out to other lenders.
1. The guidelines issued by the United States Treasury set forth a detailed process whereby a participating servicer, either action or not acting through its subsidiary, must : a. identify loans that are subject to modification under the HAMP program, both through its own review and in response to requests for modification from individual homeowners ; b. collect financial and other personal information from the homeowners to evaluate whether the homeowner is eligible for a loan modification under HAMP ; c. institute a modified loan with a reduced payment amount as per a mandated formula, that is effective for a three-month trial period for borrowers that are eligible for a modification ; and d. provide a permanently modified loan to those homeowners who comply with the requirements during the trial period. Whether the homeowner qualifies for a modification or not, participating servicers are also required to provide written notices to every mortgage borrower that has been evaluated for a loan modification, whether or not the borrower has been found eligible.
HAMP and its associated directives also set prohibitions against certain conduct including demanding upfront payments in order to be evaluated for a loan modification, instituting or continuing foreclosures while a borrower is being evaluated for a loan modification, assigning a single point of contact, maintaining an adequate level communication with borrowers, maintaining proper caseload to ensure HAMP objections are met, and restrictions on the way a servicer may report the borrower to credit reporting agencies.
All servicers have systematically failed to comply with the terms of the HAMP directives and has regularly and repeatedly violated several of its prohibitions. Now that HAMP is over and expired due to servicers prolonging these modifications they are now proceeding with other alternatives.
Under HAMP, the federal government incentivizes participating servicers to make adjustments to existing mortgage obligations in order to make the monthly payments more affordable. Servicers receive at least {$1000.00} for each HAMP modification. However, this incentive is countered by a number of financial factors that make it more profitable for a mortgage servicer avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by the servicer. However, this incentive is countered by a number of financial factors that make it more profitable for a mortgage servicer such Bayview Loan Servicing , LLC to avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure. This is especially true in cases where the mortgage is owned by a third-party investor and is merely serviced by Service companies because Service companies do not carry a significant risk of loss in the event of foreclosure.
California Business and Professions Code 17200 et seq., also known as the California Unfair Competition Law ( UCL ), prohibits acts of unfair competition, including any unlawful, unfair, or deceptive business act or practice as well as unfair, deceptive, untrue or misleading advertising. Bayview Loan Servicing , LLC and all other previous servicers and their Investors conduct was unlawful in that : They illegally began and prosecuted the non-judicial foreclosure based on the lien to the 1st Deed of Trust, despite i was not in breach of payments on said lien ; They engaged in the uniform practice of requesting unnecessary documentation, seeking repetitive submissions of the same documents, and never rendering a decision, and in doing so, such activity provides the basis for an unfair inquiry and could deceive the public because it places burdensome requirements on me that served no purpose but to provide a basis for either engaging in Dual Tracking by selling my home and by denying loss mitigation options, such as loan modifications ; They failed to properly consider loan modification applications before trying to sell my home.
1. On information and belief, Bayview Loan Servicing , LLC does not own a significant majority of the loans on which it functions as servicer.
2. Economic Factors that discourage Bayview Loan Servicing , LLC from meeting its obligations under HAMP by facilitating loan modifications include the following : a. Bayview Loan Servicing , LLC may be required to repurchase loans from the investor in order to permanently modify the loan. This presents a substantial cost and loss of revenue that can be avoided by keeping the loan in a state of temporary modification or lingering default.
b. The monthly service fee that Bayview Loan Servicing , LLC, as the servicer, collects as to each loan it services in a pool of loans, is calculated as a fixed percentage of the unpaid principal balance of the loans in the pool. Consequently, the modifying of a loan to reduce the principal balance results in a lower monthly fee to the servicer.
c. Fees that Bayview Loan Servicing , LLC charges borrowers that are in default constitute a significant source of revenue to it. Aside from income Bayview Loan Servicing , LLC directly receives, late fees and process management fees are often added to the principal loan amount thereby increasing the unpaid balance in a pool of loans and increasing the amount of the servicers monthly service fee.
d. Entering into a permanent modification will often delay a servicers ability to recover advances it is required to make to investors of the unpaid principal and interest payment of a non-performing loan. The servicers right to recover expenses from an investor in a loan modification, rather than a foreclosure, is often less clear and less generous.
e. Fixed overhead costs involved in successfully performing loan modifications involve up-front costs to the servicer for additional staffing, physical infrastructure, and expenses such as property valuation, credit reports and financing costs.
3. Rather than allocating adequate resources and working diligently to reduce the number of loans in danger of default by establishing permanent modifications, Bayview Loan Servicing , LLC has serially strung out, delayed, and otherwise hindered the modification processes that it contractually undertook to facilitate when it accepted billions of dollars from the United States. Bayview Loan Servicing , LLC delay and obstruction tactics have taken various forms with the common result that my loan serviced by Bayview Loan Servicing , LLC, in which im eligible for permanent loan modifications, and have met the requirements for participation in HAMP, have not received permanent loan modifications to which iam entitled.
4. By failing to comply with the California Homeowner Bill of Rights ; specifically, by engaging in the unlawful practice of Dual Tracking, Bayview Loan Servicing , LLC has left me in a state of despair and panic as I seek a loan modification from Bayview Loan Servicing , LLC only to have my home wrongfully, oppressively and illegally sold out from under my feet.
I have sent them all documents but they still have not offered me anything. I have sent them documents again. They said they have all required documentation on file and am in review but still posted the home for sale. I do not know how much more times they will continue to do this. The stress this causes me and my family is very hard on my body.
I want to keep my home and pay a reasonable amount.
I have a sale coming up on XX/XX/XXXX.
Company Response: Closed with explanation
2019-05-08
N Tonawanda, NY
Trouble during payment process
Mortgage: Other type of mortgage
Company Response: Closed with explanation
2019-05-07
Washington, DC
Incorrect information on your report
Credit reporting, credit repair services, or other personal consumer reports: Credit reporting
Account information incorrect
Complaint: Bayview Loan Servicing, even while knowing that the information that they have on our mortgage account is incorrect, sent in this wrong information to the credit reporting agency, causing our credit scores to plummet at the same time that we are attempting to refinance our mortgage loan.
Bayview has incorrect information about our property tax escrow account -- we had already appealed this information and had the corrected tax documents sent from the District of Columbia to XXXX XXXX ( who previously held our mortgage ). Bayview bought this mortgage, ignored the corrected tax information, and then reported out accounts as delinquent. We contacted Bayview immediately upon learning that their information was incorrect, but they still went ahead and reported the account delinquent to the credit reporting agencies.
We are attempting to refinance our mortgage, however, Bayview 's actions are causing us both direct financial harm and preventing us from leaving Bayview 's portfolio.
Company Response: Closed with explanation
2019-05-05
Davenport, IA
Struggling to pay mortgage
Mortgage: FHA mortgage
Complaint: This is a follow up to complaint number XXXX with Bayview Loan Servicing, loan number XXXX. I have filed a appeal of theri decision not to extend me a loan mondification. Explaining in this appeal the reason I had financial issues with the first modification that was out of my control due to employment. I submitted documentation of the changes of employment, and the differences in income ( from a loss of income of almost 8k a year, to rebounding back to the income levels that I had before the modification was in effect. I have been denied by BayView, with conflicting reasoning, on letter stating that they did not have the documentation needed to make a determination by the date stating in the denial letter. And a second letter stating that I was denied for being late on the last payment ( which I did call and attempted to make, and was told by the representative on the XX/XX/XXXX that I could not make the payment, and they would not except a payment. Even though I made the first two payments on time, and one of them 2 weeks early.
I am submitting the two details letters that was sent within a week of each other giving different reasons for denial. All documentation was givin showing the change in work, and my health issues that cause all of this to take place.
Company Response: Closed with explanation
2019-05-04
Deerfield Beach, FL
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-03
Moapa, NV
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Complaint: As shown by previous filed complaints with consumer finance my mortgage has been in default for over 10 years. The investor has changed servicing companies numerous times in that period.
The current servicer has never provided a certified copy of the note or the deed of trust. The state mediator disallowed the previous servicing company to foreclose on the home for this reason. The investor then hired Bayview Loan servicing and they have scheduled a foreclosure despite the previously mentioned facts.
They have not followed procedure. They have refused to speak with me or designate a representative. The phone number provided goes straight to a system that is programmed to hang up with it learns my account number.
It is my understanding that in my state the servicer is prohibited from foreclosing and or collections if the defaulted loan is over 10 years which it is.
Company Response: Closed with explanation
2019-05-03
Carver, MA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-03
Auburn, AL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-03
Washington, DC
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-02
Poway, CA
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-02
Chgo, IL
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-01
Buford, GA
Trouble during payment process
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-01
Patterson, MD
Struggling to pay mortgage
Mortgage: Conventional home mortgage
Company Response: Closed with explanation
2019-05-01
Holmes Center, IL
False statements or representation
Debt collection: Mortgage debt
Attempted to collect wrong amount
Company Response: Closed with explanation
2019-04-30
AZ
Incorrect information on your report
Credit reporting, credit repair services, or other personal consumer reports: Credit reporting
Information belongs to someone else
Complaint: Bayview is reporting derogatory information based on a loan modification that was not fully executed. Therefore no modification was lawfully recorded and therefore the credit information being reported is greater than 11 years old in violation of the FCRA.
I have spoken with Bayview and they are aware the modification was not lawfully executed. They continue to willfully and negligently report credit information to their benefit.
I demand immediate removal from my credit report
Company Response: Closed with explanation
2019-04-30
Calumet Park, IL
Struggling to pay mortgage
Mortgage: Other type of mortgage
Company Response: Closed with explanation