Bayview Loan Servicing, LLC Mortgage Complaint

Bayview Loan Servicing, LLC Mortgage department,

Conventional fixed mortgage Loan modification,collection,foreclosure Texas

Bayview Loan Servicing , LLC ( Bayview ) is my purported mortgagee. They initiated foreclosure proceedings on my home in Texas -/-/2016 without first providing a default notice and opportunity to cure as required by the Texas Property Code and Deed of Trust. I was not in default when the foreclosure was commenced. I filed a lawsuit to get the foreclosure restrained, and the judge granted my request for a TRO. Before the foreclosure, Bayview did not comply with 12 CFR 1024.39 ( a ), which requires a servicer to establish contact with a delinquent borrower not later than the 36th day after the delinquency. Bayview never called me. Not later than the 45th day, a servicer has to provide a delinquent borrower with a written notice as set out in 12 CFR 1024.39 ( b ) ( 1 ). Bayview did not do this either. Bayview has also violated the continuity of contacts requirements of 12 CFR 1024.40. Furthermore, pursuant to 12 CFR 1024.41 ( f ) ( 1 ), a servicer shall not make the first notice or filing required for foreclosure unless the borrower 's mortgage loan obligation is more than 120 days delinquent. If Bayview has not even complied with the above rules regarding initial contact and loss mitigation, then certainly they should not be trying to foreclose. Bayview is totally ignoring my contract rights and RESPA, and they are going to try to foreclose on me again soon.