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Bayview Loan Servicing a/k/a Bayview Asset Management LLC / fraud

Pa Jun 9, 2015

I am filing a complaint against Bayview Loan Servicing a/k/a Bayview Asset Management LLC for the reason being that the Foreclosure Manager Nicholas DeSumma I am under the information and belief is directing some of his staff to committ fraud. The Fraud that he is directing his staff to committ is when you run an SCRA Search on the Department of Defense Website to see if the Borrower is in the Military where you need a Social Security Number or a date of birth. The Date of Birth is not considered an accurate search. Anyway he states in an E-Mail to certain Employees that if you cannot locate a Social Security Number or a Date of Birth to use an Invalid Social Security Number of [protected] and that is fraud and you will be using that Invalid Number on thousands of people who are not on the note but on the mortgage. Please See Below E-Mails The Employees did express there concern to this Manager that this is fraud and one actually completely refused to do it and I'm not sure of the others. When the one expressed his feeling and refused to do he stated that WE MUST DO IT which means commit the fraud. Please See Below E-Mails dated February 19, 2015, Bayview Sub-Services loans for Bank Of America where the E-Mails are involved about but to me personally I don't think that Bank of America is aware of this and that this was concocted up by this Foreclosure Manager of Bayview Loan Servicing from the Fort Washington Location. .
From: Nicholas DeSumma
Sent: Thursday, February 19, 2015 12:27 PM
To: Paul Gold; Robert Reinish; Cynthia Sokol
Cc: John Kerr
Subject: **IMPORTANT** SCRA Checks
Importance: High
Hello All,
When encountering a situation where we have a non-borrower (Note) mortgagor, if we are unable to locate a SSN or birth date for that individual please run a DOD search using their name and SSN [protected]. Obviously not reliable but we have communicated this to Clayton several times and they still proceed to issue findings for lack of SCRA Certs in this scenario. As such, this is the course of action we are forced to take to produce a Cert. The alternative would be to adjourn the FCL sale and run skip traces, which BOA does not want us to do. I understand the frustration with this mess and feel the same. However, we have to ensure compliance from every angle.
Going forward, we must reference the mortgage and note document to identify all mortgagors & borrowers, respectively. Once identified, we must run DOD checks using their SSN or birth date when available. If neither is available, please run the check using the name and SSN of [protected].
Please see John or I with any questions or concerns.
Thanks,
Nick
Nick DeSumma
Foreclosure Manager
Bayview Loan Servicing, LLC
1301 Virginia Drive, Suite 403
Fort Washington, PA 19034
p: 215.664.1385
f: 786.275.9253
m: 786.449.5287
[protected]@bayviewloanservicing.com

From: Nicholas DeSumma
Sent: Thursday, February 19, 2015 12:36 PM
To: Robert Reinish; Paul Gold; Cynthia Sokol
Cc: John Kerr
Subject: RE: **IMPORTANT** SCRA Checks
While I understand your position and don't disagree that the search is unreliable, respectfully, this is the process that must be followed. We have communicated this to both BOA and Clayton to no avail. They continue to issue findings when searches are not produced. Similar song and dance to running SCRA checks on deceased borrowers. Nonsensical. Nonetheless, we must do it.

Nick DeSumma
Foreclosure Manager
Bayview Loan Servicing, LLC
1301 Virginia Drive, Suite 403
Fort Washington, PA 19034

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