SUBMIT A COMPLAINT

Bayview Loan Servicing / loan #658918

Coral Gables (Florida), United States
Contact information:

Back in April I requested mortgage relief in the form of a request to start a Short Sale. In a letter dated May 26th Bayview sent me a letter that stated, "...your request for a short sale or purchase contract has been received. In that letter, there is not any prescribed "due by" date affixed. In fact, no where in this letter is a definitive timeline laid out for completing any action other than getting you the paperwork to execute the start of the process to conduct a short sale.

I have provided Bayview, twice, copies of the Listing Agreement with Keller-Williams Realty. Just today, I was told that the house was in foreclosure effective June 1st. I never received any notification from Bayview or their contracted attorney on this issue. Not even a phone call or email.

In fact, their letter only says that I need to start returning paperwork no later than an implied June 26th.

I just finished a 40 minute phone call with Mr. Robert Tyer, who stated that he was the senior man in charge there at Bayview. He has stated that once the house goes to "sale" there is nothing that Bayview can do because the process is: I request short sale approval, I find a buyer, sell the house, send in the offer, Bayview evaluates the offer and approves or denies. If yes, then done deal; if no, then start over with other options.

Nowhere in there letter has any of that been spelled out?

Nowhere in their letter is there a discussion of timelines?

Nowhere on their website is that explained, at all or in the level of detail that I just laid out?

Bottom line is that it is not.

We never received a notice of foreclosure from the attorney who represent Bayview nor did we receive any communication from Bayview stating that there was a more definitive timeline to follow or any particular deadlines to adhere to.

We have spent a little over $7, 000 getting the house ready to sell - new carpeting, cleaning, painting, repairs, etc. We were supposed to have an open house this weekend but since the house went to "foreclosure sale" we can't do that. I had to cash in my retirement fund to just do that much.

At the first foreclosure sale, on June 2nd, the starting "bid" was $442K and no one took the bait. I'm trying to sell the house at $495, 000, per the Listing Agreement and what we worked out with our Realtor.

It seems to me that despite what Mr. Tyer said, Bayview can stop the foreclosure and allow me to sell the house at the amount we're trying to sell it at and make sure that Bayview gets their money and that we can walk away from the home without any further delays. If a definitive timeline for actions or the correct manner that the process needed to be played out had been delivered to us, we wouldn't be here going through this. Since Bayview was more concerned about Bayview getting their money, I would think that some part of this would make sense to Bayview superiors.

I am requesting that you make contact with your retained attorney, Mr. C. Richard Epps, to stop the forclosure sale and allow us to put the house back on the market so that we can sell it at the higher value and allow everyone to get paid and allow us to walk away without any outstanding issues.

This makes the best possible sense for all parties.

I should also advise you that I will be contacting the Prince William County Attorney's Office and the State's Attorney General's Office on this matter to see if there are any legal means that will allow us to sell that home and pay off our responsibilities in a manner that is equitable to all parties.

Should you desire to call me, I can still be reached at [protected] after working hours.

Ha
Jun 16, 2017

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