Bayview loan servicing

**ellabella** · 10-16-2009, 08:19 AM

Good morning,
Just wondering if anyone has had any experiences with Bayview loan servicing. I had a loan with Citi and just recently they turned it over to Bayview. When they made the switch I was unaware and kept making my payments to Citi and they kept cashing them. I then get a letter from Bayview saying I owe like $5000, obviously there was some confusion between Citi and Bayview. I finally get it all worked out and caught up. Well just yesterday I get a letter that they had been sending certified to the wrong address saying that Citi mortgage has filed a notice of trustee sale. They had been sending the mail to my old office which I haven't worked at in over 4 years. I luckily had just stopped by and they gave me the mail. Anyways, I call Bayview and they tell me I am past due since July 1st. I am so frustrated because I just got it worked out and I have paid up through August. Anyways, the gentlemen I talked to was very nice and seemed very helpful. He said he would call me back today and I am very hopeful but after finding this site and all the horror stories I am a little worried. I want to be prepared when I talk to them and know my options. So any advise would so greatly be appreciated.

**Evan Bedard** · 10-16-2009, 08:50 AM

Hi ellabella,

Anyways, the gentlemen I talked to was very nice and seemed very helpful. He said he would call me back today and I am very hopeful but after finding this site and all the horror stories I am a little worried. I want to be prepared when I talk to them and know my options. So any advise would so greatly be appreciated

Are you just rying to get this situation worked out, or are you also wanting to pursue a loan modification?

**ellabella** · 10-16-2009, 09:06 AM

I am just trying to get the situation worked out. He said that I would have to do a repayment plan since I went into foreclosure which would make my payment go up but he did mention trying to do a loan modification. While if the loan modification he mentioned worked out that would be great (I am thinking) but really I just want them to take the notice of foreclosure off and not stick me with any extra fees or make me do a repayment plan. I am really hoping they don't try to stick me with attorney fees as I can't believe they filed a notice of foreclosure when I am only a month and half behind.

**Evan Bedard** · 10-16-2009, 09:19 AM

That is insane! What state are you in, I have never seen a foreclosure filed only a month and a half behind?

If you can afford the payments it is unlikely to get approved for a loan modification. A repayment plan will end up costing you quite a bit as well. Do you have the money to pay the month and a half?

**ellabella** · 10-16-2009, 09:30 AM

I do have the money and told him yesterday I could make the payment right now. I live in Arizona. I am just a little nervous because while I do have the money to pay I don't have extra, I am on my own and could not afford any extra fees or for my payment to go up. I have owned the home since 2003 and have put a lot of money and hard work into it. I am really hoping that they are going to be fair. That is all I ask.

**Evan Bedard** · 10-16-2009, 09:47 AM

Try calling this number and let them know what happened. Explain to them that they made a mistake and you do have the money to pay the deliquent amount immediately..

1-866-255-3901

**ellabella** · 10-16-2009, 09:51 AM

Thanks Evan, I really appreciate your help. I will call them and let you know how it goes.

**Evan Bedard** · 10-16-2009, 10:36 AM

Your very welcome, good luck and keep us posted!

**kannastormy** · 10-26-2009, 04:11 PM

watch out for bayview, they are a bunch of crooks. Won't put anything in writing, return calls, stall, lie. After months of hell, they finally put in writing they erroneously put us in foreclosure. Be careful, check them out on the internet, and remember foreclosure is their leverage over you, they can add whatever fees they want.

**ellabella** · 11-06-2009, 09:38 AM

Oh boy, this is really such a nightmare. I am still working on trying to work this out with bayview and they are still saying I am behind. I have gotten all the checks to them and have been really patient. I am about to tear my hair out. This company is such a joke. They even admit to telling me I was current after I got this straightened out the first time but they say they made a mistake. Ugh, I don't know what to do. I have contacted Citimortgage who owns the loan to see if they will take back over the servicing but they won't. I am not going to pay for a whole extra payment because they have screwed up (or are trying to get more money out of me). I could get our attorney involved but he will end up costing me as much as the payment. This is such crap. Can I turn bayview into someone?

**kannastormy** · 11-06-2009, 10:07 AM

Complain to the florida better business bureau, they make them reply in writing which they are adverse to doing. I actually got an admission of fault in writing from them. If you live in a state where your senators office will call it helps but they still drag their feet. If you need my bbb contact i will send it. They are crooks though and you don't get much without a third party- doesn't have to be an attorney but a credible witness.

**ForcedOut** · 03-06-2010, 01:00 PM

In April of 2005, my house was moderately damaged by a fire. My insurance company at the time was Allstate and they underbid my repair cost by over 100k, as found by the district court of NY. Our victory was a hollow one; Lawyer expenses, Public Adjuster fees, Independent Adjuster fees, Court fees, and Allstate's "Replacement Cost" deductible (which was in the tune of 65k).
I smirk at the replacement cost value comment only because we had 120 days to complete construction, which was impossible. We knew it was lost money. We also knew that even though we won, we had maybe an extra 10k in our pocket to show for this victory.

I was able to start the process of cleanup and rebuilding in the summer of '08. I could not begin the process any earlier due to the insurance case that was in process. My mortgage company at that time was CitiMortage, who didn't care about the pending lawsuit but rather my month-to-month payments.

After a winter stall on construction, we began again in the spring of '09. From March to July, I all but begged CitiMortgage to send an inspector in order to continue with construction. Meanwhile, I continued to sink my own money into the rebuild of my house.
In June of '09, I spoke with a CitMortgage rep and stated my complaint of not having an inspector on-site. Further, I told him that I would not make a payment until this matter had been resolved. In the last days of June, I received a call from an inspector to schedule a date. Almost immediately after, I was on the phone again with Citi, who offered me a "deal" to place two months on the back end of the loan, so long as I paid August up-front. With the amount of money going out on construction, I took their deal- signed their paperwork, wrote my check.

My inspection date had come and gone; no inspector. I contacted Citi to find out what the problem was, but they had no real answer except "we'll look into it". After going back and fourth with Citi during the month of July, I called this inspector directly and I was told that Citi canceled the inspection. Why would that be?

On August 3, 2009, Bayview Loan Servicing, as I had been told, had been assigned to service my loan. By August 8th through the 17th, I received a flurry of letters from Bayview attempting to strong-arm me into paying 3 months of payments, plus late fees. The ultimatum was foreclosure. I, of course, sent them proof of payment and the agreement with Citi. All proof was denied and rejected by Bayview.

During this process, I fought with Bayview to send an inspector. Their first balk was that they couldn't because I did not sign off on their loss draft paperwork. I fought that on the grounds that I had already signed with Citi and that Bayview, as they stated in writing, did not own the loan. This brings us into September of '09. Bayview then sends an inspector out and I hear nothing for 3 weeks. After pressing Bayview for the results of the inspection, I was told that I had been rated at 10% complete.
After many emails to Bayview (I managed to email many people in their office, figuring that one would eventually reply), a second inspection was done in late Oct. '09– by the same inspector. This time, the inspector refused to visit the second floor or the basement, stating that "nothing has changed since my last visit". I never heard what the results of that inspection were.

Citi's inspection in mid-summer of '08 had us at 22%, which was basically the cleanup and debris removal we had done. By the time Bayview had come around to inspect, I had a total of 140k in work done and an estimate of 65% complete. This is important to understand because I needed to complete just 33% to get the next loss draft from the bank. Bayview knew this. They sent an inspector out to assess what my investment in construction had been and with a little hope, that I could be choked out financially.

The day before Thanksgiving of '09 I was served papers and am now fighting this Pro Se, no construction being done, and owing a little over 20k to my contractors.

Bayview refuses to return my calls at this point and has not sent a single document related to my loan since Sept. of '09, outside of a response to my qualified written request, to which they denied in writing that the owned my loan.

I'm unsure on whether their ignorance is intentional or not. My current feeling is that it's perhaps a little of both. I am certain that their intent was to fore me out from the start and I will rebut anyone telling me that this bank does not have interest acquiring this property. The timeline and events make it crystal-clear that they want it and me out of it.

I have a settlement hearing in the first week of April (2010) to state my hardship. That's the punch-line: had I not spent 60k+ on construction out-of-pocket , I would not be in any hardship to speak of.

Also note: I have contacted many government agencies to seek advice/help on this matter. The only agency that responded in any form of adequacy was the New York State Department of Banking, which advised me to secure legal council if I could not work things out with Bayview.

Advice- any and all, please! Stating that "Bayview is a bunch of crooks" is not good enough. The only way a company like this will be brought to justice is to share real facts and continually hammer them in court. They are a predatory lender and they need to be stopped.

If you wish to contact me, please do so through this forum.

Thanks,
--Chris

**jordan951** · 06-30-2010, 11:41 AM

I had citi and they sold to Bayview as well. I am fighting them as they are lying to people and taking their homes using illegal ways and plain lying to people when they talk to them. If you are having a hard time with Bayview, I have an attorney here in Las Vegas that has class action law suits against BofA, Wells Fargo, and getting ready for Citi. This means that anyone in Nevada doesn't have to pay their mortgage until the class action is settled. This would give us time to get our finances straight and to force them to make a legitamate deal with us to keep our homes. Email me at jocervantes@att.net If you are Nevada or know someone that is, we only need four more people to file and save your home. Contact me asap. I'm fighting these guys with everything I have.