BAYVIEW COMPLAINT:
Submitted: December
2014
Reported By: Deborah Postema in Weston, FL
We have applied since beginning of 2013 for mod.
was given If you are directed to Bayview Loan Servicing for home mortgage
service- run as fast as you can in the other direction! I moved to Florida for
a new job and I needed help with my home in Michigan. It took me on month of
attempting contact before I spoke with someone that could provide me with any
information at all. Finally, it was recommended that I apply for a deed in
lieu, which I did immediately. This was the beginning of October, and I
presented all of the requested information by the second week of October.
During that time, the assessment manager changed 3 times- the final
"gentleman" that was assigned was not helpful at all- the date on my
application was actually over a month later than when I actually began the
process!! Bottom line, my deed in lieu was denied, I ended up providing
sensitive information no less than 3 times, and I have still not received any
documentation in writing as to the reason why. Additionally, the mortgage
company replaced my realitor's lock box with a box of their own and did not
inform anyone- so when the realtor brought potential buyers for a showing, they
could not get in the house!! If there's a real estate lawyer reading this, I'd
love to pursue action against them to recoup the thousands of dollars I've
lost.
END
CONSULTING ADVICE:
First let me apologize on behalf of Bayview Loan
Servicing as their unfair and abusive servicing of your mortgage loan not only
violates your consumer rights (Bayview is still at this time violating your consumer
rights) but should be considered abhorrent as well since the only option
provided to you by Bayview was to execute a Deed-in-Lieu - benefitting only
Bayview - versus providing you with ALL the options that Bayview is legally
supposed to provide to you per the FTC, CFPB, RESPA and Dodd-Frank Act (at a
minimum) as a mortgage servicer.
It is not too late to fight for your rights but
it would behoove you to begin immediately. Furthermore and if you have not yet
competed a MHA HAMP application, I would advise that you do so immediately and
submit it to Bayview via email or fax to prevent the escalation of foreclosure;
follow this link to get started: http://www.makinghomeaffordable.gov/programs/lower-payments/Pages/hamp.aspx.
You can learn more about your consumer rights and
the responsibilities of Bayview as a mortgage servicer by visiting the CFPB's
website and becoming educated about the rights afforded you under the FDCPA,
Dodd-Frank and RESPA via the CFPB. Here is a link to the current rules that
went effect in 2014 and stronger rules are forthcoming in 2015: http://www.consumerfinance.gov/newsroom/consumer-financial-protection-bureau-rules-establish-strong-protections-for-homeowners-facing-foreclosure/
We routinely look for posts to answer in hopes
that it will not only bring optimism to those homeowners and borrowers in
distress but also some basic information to assist in fighting the banks that
are "too big to fail" but yet don't appreciate the bailout that we provided
in their time of need. The debt collectors like Bayview, SPS, SLS, Green Tree, ASC,
Ocwen and Nationstar are simply just piranhas but they can be beat at their own
game too just like the big banks can be defeated.
Thank you as I commend you for taking the first
step in asserting your consumer and constitutional rights by complaining about
the situation in an effort to shed light on the abuse and encourage change. With
that said, you have overlooked the key aspect to your fight, which is putting the
violations and abuse in writing in the form of a proper QWR and attaching proof of your consumer and constitutional
rights that have been violated; they have certainly been violated in this case per
your posted complaints.
A QWR is an integral tool in getting what you
desire and all of the aforementioned mortgage lending and debt collection
companies MUST answer your Qualified Written Requests (QWR); if they refuse then
you take your fight to all the regulatory agencies outside of Nationstar that
assist in fighting for your rights like the CFPB; it’s a shame that these more
than profitable and previously bailed-out companies engage in this type of
consumer abuse.
I would be more than happy to educate you as to how
to fight for your rights as my firm routinely seeks out complaints online so
that we can educate as to how to fight back on our weekday show called "The Daily Complaint”
where we review a complaint and how to tackle it successfully.
We reviewed your complaint on the show if you
would like to listen, visit www.TheDailyComplaint.com
As mentioned above, you can learn more by
visiting the CFPB's website and becoming educated about the rights afforded you
under the FDCPA, Dodd-Frank and RESPA via the CFPB. Here is a link to the current
rules that went effect in 2014 and stronger rules are forthcoming in 2015: http://www.consumerfinance.gov/newsroom/consumer-financial-protection-bureau-rules-establish-strong-protections-for-homeowners-facing-foreclosure/
In the event you have further questions, you can contact
me via email, web or phone (full contact information is below) as I would be
more than happy to answer your questions, call Bayview with you and/or point
you in the right direction.
Every new beginning comes from some other
beginning's END
Respectfully,
Dana Shafman
Managing Member
END Consulting
(888) 234-7006 Ext 101
